El Cajon Municipal Code Ch. 5.64 Swap Meets

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Identifiable goods"

means tangible personal property which bears a serial number or personalized initials or inscription.

"Operator"

means any person owning, conducting or operating the business of a swap meet on a premises in the city.

"Swap meet"

means the activity carried on in a building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, buy, sell or bargain for new or used merchandise.

"Vendor"

means any person selling goods at a swap meet.

(Prior code § 26A-1)

No person shall engage in, carry on, maintain or conduct a swap meet in the city without first having applied for and secured a license pursuant to Chapter 5.16 of this code, paid license taxes as specified in Chapters 5.04 and 5.08, and complied with all regulations pertaining to such business provided in this code.

(Prior code § 26A-2)

No vendor shall sell new merchandise at a swap meet without first having made application for and procured a license from the city to do so, or without paying to the city all taxes prescribed in Chapters 5.04 and 5.08 of this code.

(Prior code § 26A-6)

The reporting of all personal property offered or displayed for sale or exchange shall be in accordance with state law.

(Prior code § 26A-7; Ord. 3303 § 1, 1978)

Swap meet activities shall be conducted only in a building, structure, enclosure, lot or other area enclosed by a permanent fence which is sufficient to enable the operator, or his employees or agents, to effectively control the ingress and egress of persons and merchandise.

(Prior code § 26A-8)

It is unlawful for any vendor to exchange, barter, trade or sell at a swap meet the following items of personal property:

A. Firearms, ammunition, explosives;

B. Nondomestic animals and livestock;

C. Any item of personal property from which the serial number or identifying number has been removed;

D. Any and all other items of personal property which are prohibited from being exchanged, bartered, traded or sold by the code of the city or the laws of the state of California;

E. Stun guns (as defined by the California Penal Code).

(Prior code § 26A-9; Ord. 4264 § 1, 1991)

The operator shall take reasonable steps to notify all participants of the regulations and prohibitions contained in this chapter, including, but not limited to, each of the following:

A. The operator shall post or cause to be posted notices in conspicuous places on the premises.

B. The operator shall install and maintain a public address system of sufficient volume to be heard in all parts of the premises during the conduct of the business.

(Prior code § 26A-10)

All merchandise admitted to the swap meet area shall be arranged so that the chief of police and the fire chief may have access for inspection at all times during hours of operation.

(Prior code § 26A-11)

The operator, his employees or agents, upon observing or becoming aware of a violation of this chapter, shall immediately communicate with the El Cajon police department and report such violation.

(Prior code § 26A-12)

Swap meets shall be conducted only during daylight hours between one hour after sunrise and one hour before sunset.

(Prior code § 26A-13)

The furnishing of false information, or failure to furnish information where information is required by the provisions of this chapter, except for Section 5.64.040, shall constitute a violation of this chapter.

(Prior code § 26A-14; Ord. 3303 § 2, 1978)

The city council shall have the power at any time to suspend or revoke the license issued under this chapter pursuant to the provisions of Chapter 5.12 of the code of the city upon violation of any of the provisions of this chapter or the grounds set forth in Chapter 5.12.

(Prior code § 26A-15)

Any business which is established or maintained in violation of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.

(Ord. 4318 § 4, 1991)