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Police shut down my stoop sale! — Brooklynian

Police shut down my stoop sale!

queenj
queenj
edited November -1 in Park Slope

The police shut down my stoop sale yesterday at 1pm. I was in front of my building on Flatbush Ave near Grand Army Plaza with a bike, some clothes, some dishes and a floor lamp. They pulled up and sat in the car for a minute, and I thought they were going to the bodega for coffee or something. But instead, they both got out of the car and told my partner and I, "You can't do this here."

I told them I didn't think I was doing anything wrong, and that we have a stoop sale every couple of years and have never had a problem. They asked where I lived and I gestured to my apartment building right behind me. I also said that I wasn't blocking the sidewalk--since there was probably 10 feet open.

Then the second cop asked, "Do you have a license?"

I replied that I didn't, but I also didn't think I was doing anything wrong. I was calm, but after that I sensed that the cops were getting uncomfortable because people had gathered and were observing. So I said, "I'll pack it up, no problem, officer."

And we did. Has this happened to anyone else? Also, does anyone know what the rules are about stoop sales?

Comments

  • flux
    flux

    A license? For a stoop sale? Makes absolutely no sense. Those cops must have been bored.

    On ever given weekend you see lots of stoop sales in Park Slope. I doubt they have a license!

  • inpixels
    inpixels

    Sounds like a local merchant complained that gypsies/vagrants were selling merchandise in front of their store (even thought that is *not* the case).

    Remember you are in a commercial area/zone even though you reside there.

    http://www.leafpile.com/TravelLog/Romania/Roma/Roma.htm

    Did you have anything unusual for sale?

    Were you selling any new merchandise that could be perceived as merchandise from a actual store that you own?

    Did you have a stoop sale last weekend also?

    As far as I can tell, no license is required.

    "A person or business that buys or sells secondhand articles in New York City must have a Secondhand Dealer General license...Used clothing stores, garage sales, used boat dealers, and not-for-profit organizations are exempt from the Secondhand Dealer General license requirement."

    http://www.nyc.gov/html/dca/html/licenses/006.shtml

    Garage sales and other similar sales

    Most garage sales are not subject to the sales tax registration requirements and the sellers are usually not required to collect sales tax. However, Tax Law section 1115(a)(18) specifically provides that if certain conditions are not met, you may need to collect sales tax, or possibly register for sales tax purposes. See TSB-M-80(9)S, 1980 Legislation-Changes in Dollar Limitation of "Garage Sale" Receipts.

    The conditions that must be met under Tax Law section 1115(a)(18) to avoid registration and sales tax collection are:

    The sale is at your home.

    Neither you (the seller) nor any member of your household is in a trade or business selling similar items. For example, if you own a store where you sell antiques and are registered to collect sales tax, your spouse cannot sell antiques from your home without also registering to collect sales tax.

    You make sales for three days or less in a calendar year. Sales on the fourth and subsequent days are subject to tax.

    You do not expect your sales to exceed $600 in a calendar year. If actual sales unintentionally exceed $600, the first $600 in any calendar year is exempt. (See Occasional sales from your home (casual sales), explained above, for information on remitting sales tax when this limit is unintentionally exceeded.)

    Example: You decide to hold a garage sale at your home that will run Friday, Saturday, and Sunday during a weekend in June. You sort through belongings and decide to sell numerous items including books, children's clothing, miscellaneous kitchen items, and tools. You price most of the items that you are selling under $2.00 each. At the end of the weekend, you count the money and find that you made $175 in sales. These sales are exempt from sales tax because they were not items normally sold by any member of your household; the sale lasted three days or less; and as you expected, sales did not exceed $600.

    The purchaser must pick up the items at your home. If you deliver or mail an item to an address in New York State, you must collect the tax on the sale price of the item. See the rules for Occasional sales from your home (casual sales), explained above.

    You must collect sales tax, and may have to register as a vendor, if the sales you are making are:

    more frequent than allowed by these exemptions,

    of greater value than the limits indicated, or

    not made from your home.

    See Tax Bulletin How to Register for New York State Sales Tax (TB-ST-360) for more information about registering for sales tax.

    http://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/sales_from_your_home.htm

  • rosita
    rosita

    Where are those police when the people across the street from me sell their garbage every weekend with the radio blasting stupid disco music?

  • queenj
    queenj

    Thanks so much for sharing all this info, inpixels! Much appreciated.

    Also, you asked:

    Did you have anything unusual for sale?

    Household things: floor lamp, some plates and mugs, trousers, a folding chair, bike gear like shoes and locks, and one bike was left (started with three) by 1pm. Basically, it all fit on a red sheet we put on the ground, plus the bikes.

    Were you selling any new merchandise that could be perceived as merchandise from a actual store that you own? No. I don't have any business like that. Just stuff that's too good to throw out. Sold the floor lamp for $10, each pair of pants for $1.

    Did you have a stoop sale last weekend also?

    No, the last one we did was a few years ago. At that time, police walked right by and others parked nearby to visit the bodega. Also, the closest merchant was very friendly and made an offer on a bike, and also offered to bring us ice water if we got hot.

  • queenj
    queenj

    I guess I have to wonder if the police were carrying out a new "quality of life" order along Flatbush. Whereas I think stoop sales add to my quality of life because they're fun, social, and recycle useful things, the police support the merchants between the arena and Grand Army Plaza.

    Maybe?

  • walkathon
    walkathon

    Did the police stop and frisk the innocent merchandise? It could also have been rookie cops overdoing things.

  • slopeduder
    slopeduder

    Sounds like a case of agitated neighbor.

  • ringrunner
    ringrunner

    SlopeDuder said:

    Sounds like a case of agitated neighbor.

    my thoughts exactly.

  • MOD
    MOD

    Queen, according to your previous posts, you and/or your building-mates are suing your landlord. I'm sure he's delighted by that.

    I'll let ya'll put the rest together...

  • janetupadhye
    janetupadhye

    Hi Queen,

    I am a writer for http://www.dnainfo.com/new-york/ and would be interested in writing about this. Call or email me if you want to talk about it. [email protected], 718-974-8082.

    `Janet

  • jds
    jds

    Hi Queen, I'm writing something about this for Gothamist. Do you have a minute to talk? Please email me at [email protected]

    Thanks!

  • queenj
    queenj

    To respond -

    Walkathon: hahaha - no they didn't stop and frisk the merch! One cop could be a rookie, I guess. He was the one that asked if I had a license, but the first cop had stripes on his sleeve. A sergeant, I guess?

    Mamacita & SlopeDuder: hey, my landlord or a neighbor could have complained, you're right. But, there doesn't seem to be a law against stoop sales--unless I'm missing something--so that doesn't explain why the police ordered us to stop. We didn't have any music playing, so that wasn't a problem.

    Also, Mamacita: I'm not suing my landlord, but there are others in the building who are working with DHCR to recoup the rent overcharges made by the landlord.

    Gothamist & DNAinfo: thanks for your interest, but sorry. Posting here is as much as I'd like to do.

  • ringrunner
    ringrunner

    http://gothamist.com/2012/08/27/nypd_shuts_down_park_slope_stoop_sa.php

  • MOD
    MOD

    LOL, I like the comments in there. But now I'm curious, what nabe is this technically in?

    #

    pendejito: Park Slope people problems.

    imadick: but it's not really park slope!!!!!

  • ringrunner
    ringrunner

    Mamacita said:

    LOL, I like the comments in there. But now I'm curious, what nabe is this technically in?

    #

    pendejito: Park Slope people problems.

    imadick: but it's not really park slope!!!!!

    which side of Flatbush?

  • whynot_31
    whynot_31

    Assuming QueenJ was on the Park Slope side of Flatbush, it would seem s/he is in Park Slope.

    It is Park Slope all the way to 4th Avenue, right?

  • MOD
    MOD

    It's park slope on the side of 4th ave with the new beergarden, Cherry Tree, Fort Reno, Lyceum... etc. It's Gowanus on the other side of 4th ave that houses Crispy Mr. Chicken :chef: , Pacific Standard, Tomato and Basil pizzeria... etc.

  • rmyerspatch
    rmyerspatch

    QueenJ, you may have noticed your post has gotten some media attention. Well I'm in the media too and if you had time I'd like to ask you about what happened. You can contact me at my work e-mail: [email protected].

    Thanks in advance.

  • inpixels
    inpixels

    I suppose the police could have given you a summons if/when you put up a sign for your stoop sale.

    It is legitimate to use chalk but to affix a sign to a pole would be against the law.

    'Poster Law (New York City Administrative Code §§1O-119 - 10-121).

    The Poster Law prohibits the posting of any handbill, poster, notice, sign, advertisement, sticker or other printed material upon city-owned property, such as trees,

    lampposts, telephone poles, public utility poles, public garbage bins, bus shelters, bridges, elevated train structures, highway fences, parking meters, mail boxes, traffic control devices, traffic signs (including poles), benches, hydrants, public pay telephones,etc."

    http://www.nyrealestatelawblog.com/DohertyPosterLawLetter.pdf

    However, one might ask why there is/was "selective enforcement" of the law.(i.e. if there are a bunch of signs why should you be the only one cited?).

    Also the police likes to harass chalkers even though its legal

    http://www.brooklynpaper.com/stories/30/40/30_40graffitigirl.html

  • inpixels
    inpixels

    The NYPD Shut Down a Park Slope Stoop Sale

    Racked NY

    " A rent-paying resident doesn't own his stoop, and perhaps this person's landlord wasn't a fan of his walkway turning into a scaled down version of Beacon's Closet. "

    http://ny.racked.com/archives/2012/08/27/the_nypd_wasnt_too_happy_with_this_park_slope_stoop_sale.php

    I don't believe an actual stoop was involved here....???

  • whynot_31
    whynot_31

    inpixels wrote: I don't believe an actual stoop was involved here....???

    inpixels-

    It is too much to ask that the media only write about this or any other story using just facts. Spin is what it is all about!

    BTW, the first article to tie the event to the upcoming presidential election wins. Socialism! Capitalism! Ayn Rand! Karl Marx!

  • inpixels
    inpixels

    Whynot, back in the day (Friday, July 07, 1893) they had real concerns/problems

    http://eagle.brooklynpubliclibrary.org/Repository/ml.asp?Ref=QkVHLzE4OTMvMDcvMDcjQXIwMDExNg==&Mode=Gif&Locale=english-skin-custom

    would you stoop that low?

  • whynot_31
    whynot_31

    I would not stoop to that level.

    However, In early October, many of our neighbors will sleep in sukkahs to celebrate sukkot. Ah, NYC.

  • xlizellx
    xlizellx

    It's not permitted to use sidewalk chalk as far as I can tell.

    -- http://www.nycga.net/resources/legal-fact-sheet/

    http://www.foxnews.com/story/0,2933,301559,00.html

  • inpixels
    inpixels


  • inpixels
    inpixels

    Park Slope Stoop Sale Reportedly Closed by NYPD

    http://parkslope.patch.com/articles/park-slope-stoop-sale-reportedly-closed-by-nypd

  • queenj
    queenj

    There were two really good things that happened during the stoop sale before the police came. First, I sold that floor lamp to a senior citizen who had just moved to the neighborhood. I carried the lamp to her building, and she said she'd gotten to the age where she needed an elevator and a doorman. We laughed about that together, and if we happen to bump into each other again, we now know each other's names.

    Second, a man bought my old bike that I've put hundreds of miles on crossing the bridges between Brooklyn and Manhattan. I gave him a spare inner tube, and he also bought an extra set of pedals and shoes. It made me sad to have to sell (because my knees are not holding up), but glad when he said it was the right bike to send off to college with his son.

    Not to get too sentimental, but these kind of interactions are what make garage sales and stoop sales a cool part of any neighborhood. I made a little money and saved them a lot of money, we recycled useful things, and hey, had a bit of fun conversation along the way.

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