Costa Mesa Municipal Code Art. 15 Swap Meets

A "swap meet," as used in this article, means any event which meets all of the following requirements:

(a) The place or location at which the event is held has been advertised by any means whatsoever as a place or location to which members of the public, during a specified period of time, may bring identifiable, tangible personal property and exhibit it for sale or exchange.

(b) A fee is charged, payable to the operator or organizer of the event, either in the form of a charge for general admission to the place or location where the event is held or a charge for the privilege of exhibiting identifiable, tangible personal property at such event. The charge for exhibiting identifiable, tangible personal property may be a fixed amount or a percentage of all sales made or of the value of all property exchanged.

(Ord. No. 74-69, § 2, 1-7-75)

No person or entity shall establish, organize or conduct a swap meet without first obtaining from the city council of the City of Costa Mesa, a permit to do so. Which permit shall be in writing and in a form or forms to be established by the city council of the City of Costa Mesa.

(Ord. No. 74-69, § 2, 1-7-75)

The city council of the City of Costa Mesa may impose such conditions as it shall find reasonable in the circumstances upon the permittee, said conditions to include but not necessarily be limited to the following:

(a) No permit shall be granted until the permittee produces satisfactory evidence to the finance department that a state board of equalization resale number has been obtained.

(b) The applicant for a permit shall produce satisfactory evidence at the time of the application that adequate and sufficient parking will be provided and the transportation services engineer and director of planning shall make a recommendation to the city council with respect to said parking.

(c) The city council shall establish as a condition for the granting of the permit the days and hours during the day when the swap meet may be conducted.

(d) Prior to the granting of any permit hereunder, the applicant shall satisfy the city council that adequate provisions have been made for a cleanup and that a good state of housekeeping will be maintained.

(e) No permit shall be granted to the applicant herein until such time as the fee for said permit hereinafter provided for has been paid.

(f) As a condition to the granting of the permit, the city council may upon the recommendation of the chief of police and fire chief prohibit the sale or trade of flammable liquids, not limited to but including, gasoline, kerosene, acetone, thinners and solvents; ammunition and blasting agents; liquid petroleum gases or other combustible gases; any type of fireworks, acids, caustics or oxidizing agents.

(g) No edible or perishable foods, merchandise, live animals or birds shall be offered for sale or trade unless the permit provided for herein so specifies. The city council shall obtain the recommendation of the county health officer with respect to county health requirements in connection with the sale of such items prior to granting the permit.

(Ord. No. 74-69, § 2, 1-7-75)

The permit granted hereunder may be revoked or temporarily suspended after a hearing of the city council for any of the following reasons:

(a) Violation of this article for the conditions imposed thereunder.

(b) Violation of any federal, state or local law or ordinance.

(c) Failure to bar any customer or participant who is in violation of this chapter or who violates any federal, state or local law or ordinance.

(Ord. No. 74-69, § 2, 1-7-75)