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~ ~ <br />ORDINANCE N0. <br />AN ORDINANCE REGULATING OCCASIONAL SALES OR GARAGE SALES; <br />ESTABLISHING DEFINITIONS; REQUIRING NECESSARY PERMIT AND <br />APPLICATION; CITING SPECIFIC EXCEPTIONS; PROVIDING THAT ANY <br />PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED <br />GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO <br />EXCEED TWO HUNDRED ($200.00); CONTAINING SEVERABILITY AND <br />REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; <br />AND PROVIDING AN EFFECTIVE DATE HEREOF. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE. <br />SECTION 1. Definitions: The following terms shall have the <br />respective meanings ascribed to them: <br />Garage Sale: Any sale entitled "garage sale", "yard sale", <br />"patio sale", "rummage sale", "flea market sale", or any <br />similar casual, occasional sale of tangible personal <br />property which is advertised by any means whereby the public <br />at large is or can be made aware of said sale. <br />Goods: Any commodity, ware, merchandise, or any other <br />property capable of being the object of sale. <br />Occasional Sale: For the purpose of this ordinance, the <br />definitions of Garage Sale and Occasional Sale shall be <br />synonymous. Such sales are: <br />1) by persons not in the general business of selling, <br />leasing, or renting, and <br />2) goods sold or purchased via such a sale are exempt from <br />the State sales and use tax under the Texas Tax Code, <br />Section 151.304. <br />SECTION 2. Permits: It shall hereinafter be unlawful for any <br />person or persons to conduct a garage sale in the City without <br />first filing with the Inspection Division the information <br />hereinafter specified and obtaining a permit to do so, herein to <br />be called a garage sale permit. The fee for such a permit shall <br />be ten dollars ($10.00). Said permit shall be issued to any one <br />person at a specific address only once within a six (6) month <br />