Escondido Municipal Code Div. 3 Swap Meets and Swap Lots

Cross reference—Exchanging, selling, etc., firearms, explosives at swap meets, § 17-69.

It is the intent of this division that swap meets be subject to proper regulations, that swap meet owners and operators pay their share of regulatory costs and that the citizens who attend swap meets be protected by appropriate control of swap meet operations.

(Ord. No. 95-1, § 1, 2-8-95)

The hours of operation for businesses regulated by this division shall be as specifically approved by the conditional use permit for the particular swap meet, but not earlier than 6:00 a.m. nor later than 6:00 p.m. Sunday through Thursday, and not earlier than 6:00 a.m. nor later than 11:00 p.m. on Fridays and Saturdays; provided however, that no one shall be admitted to the swap meet lot within one hour of closing. Such businesses shall not be conducted on Christmas Day and Thanksgiving Day.

(Ord. No. 95-1, § 1, 2-8-95; Ord. No. 97-12, § 1, 6-11-97)

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

(Ord. No. 95-1, § 1, 2-8-95)

The owner or operator of an enterprise described in this division, or his employee or agent, shall be required to submit daily to the chief, on forms prescribed by him, an admission record showing the following information on merchandise brought to the swap meet for sale or trade:

(1) The date and time of the entry;

(2) The name and address of the person bringing the merchandise;

(3) A description of the vehicle and license number, if any, of the vehicle bringing the merchandise;

(4) A general description which reasonably describes all property brought in the trading area; provided, however, that where property is identifiable by serial number, where property has distinctive or personal identifying marks such as names or initials or where property shows evidence of having had such identifying marks, the property shall be specifically described, including the serial numbers and distinctive identifying marks along with color, name and make;

(5) The signature of the person bringing such merchandise.

(Ord. No. 95-1, § 1, 2-8-95)

The forms of admission records required by section 16-153 of this article shall be available for inspection by the chief or the business license officer during normal business hours.

(Ord. No. 95-1, § 1, 2-8-95)

A licensee shall, within one month after the expiration of each calendar year, file with the director a duly verified statement showing in detail the total gross receipts of the licensee during the preceding calendar year arising from his swap meet operations.

(Ord. No. 95-1, § 1, 2-8-95)

All merchandise admitted into a swap meet area shall be arranged so that the chief, the building inspector, the county health officer, the fire chief and other officials may have access for inspection at all times during hours of operation.

(Ord. No. 95-1, § 1, 2-8-95)

The operator of a swap meet shall post the local regulations relative to swap lots and swap meets in a conspicuous place on the premises where the swap meet is conducted.

(Ord. No. 95-1, § 1, 2-8-95)

Every merchant or vendor who does not possess a business license in the City of Escondido and who regularly sells new or used merchandise and services at a swap meet shall obtain a business license from the City of Escondido and shall pay an annual administrative fee of $35 for the calendar year or any part thereof, as may be adjusted from time to time by resolution of the city council.

(Ord. No. 95-1, § 1, 2-8-95)

(a) Vendors engaging in the regular sales of goods at a swap meet must obtain a city business license prior to selling at any swap meet. A vendor shall be considered to be engaging in the "regular sale of goods" if the vendor obtains space, booth or location at any swap meet in the City of Escondido on more than four occasions in any calendar year.

(b) The owner, promoter or operator of any swap meet in the City of Escondido shall keep and maintain a record or list of all sellers at the swap meet on each date the swap meet was open for business and shall, upon demand by the city business license officer or designee, provide the list on record for inspection.

(Ord. No. 95-1, § 1, 2-8-95)

No one shall operate a swap meet lot in the city unless such person has been issued a license as provided in this division. For the applicable license fee, see section 16-62 of this chapter.

(Ord. No. 95-1, § 1, 2-8-95)

The chief shall approve or deny the issuance of the license for which an application is made pursuant to this division. The chief shall have the power to deny any application if:

(1) It shall appear that the applicant or the person to have direct management of the swap meet is not a suitable or proper person to carry on the swap meet operation; or

(2) The premises proposed to be used as a swap lot is not a suitable or proper place for swap meets; or

(3) The health, welfare or public morals of the community warrant such denial.

(Ord. No. 95-1, § 1, 2-8-95)

§ 16-162. through § 16-180. (Reserved)