Imperial County Municipal Code Ch. 5.60 Swap Meets

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Editor's note— Section 2 of Ord. No. 1486, adopted Dec. 18, 2012, amended Ch. 5.60 in its entirety to read as herein set out. Former Ch. 5.60 pertained to the same subject matter, consisted of §§ 5.60.010—5.60.160, and derived from prior code §§ 61900—61915.

Swap meets typically involve the sale or exchange of new and used merchandise, between numerous vendors, traders, and purchasers, at an outdoor lot or area without adequate facilities for vendors or customers. Further, such activities are readily utilized for sale or exchange of stolen goods. It is the intent of this chapter to subject swap meets to proper regulation so as to protect the health and welfare of residents who attend and participate in such activities and to require the operators to share in regulatory costs.

(Ord. No. 1486, § 2, 12-18-12)

"Operator" means the person or persons who control admission directly or through agents, of persons and merchandise into the trading area.

"Swap lot" means a building, structure, enclosure, lot or other area to which persons are admitted on at least seven calendar days each year to display, exchange, barter, buy, sell or bargain for new or used merchandise.

"Swap meet" means the activity carried on in such a location.

"Vendor" means any person who is permitted to display, exchange, or sell new or used merchandise at a swap meet.

(Ord. No. 1486, § 2, 12-18-12)

It is unlawful for any person to operate a swap meet in the unincorporated area of the county of Imperial unless such a person has been issued a current license as provided in this chapter.

(Ord. No. 1486, § 2, 12-18-12)

Application for license shall be made to the treasurer-tax collector on forms requiring, among other things, the name and address of the owner and operator of the swap meet.

(Ord. No. 1486, § 2, 12-18-12)

The annual license fee for an owner or operator of a swap meet shall be two hundred fifty dollars ($250.00). If an applicant wishes to operate a short term swap meet, a license can be obtained for specific date(s) of operation. The daily fee will be five dollars ($5.00) per stall or vending site available for rental to persons bringing merchandise to a swap lot.

(Ord. No. 1486, § 2, 12-18-12)

A copy of each application for a swap meet license shall be forwarded to the sheriff, public health department, department of public works, and fire department for investigation. All swap meets must comply with Title 9 of Imperial County Ordinances. Therefore, the applicant should consult the county planning department. The sheriff shall investigate the truth of the matters set forth in the application and the character of the owner and operator of the swap meet. The public health, public works, and fire departments shall investigate the proposed or existing swap meet location and facilities.

The aforesaid departments shall file a joint report with the treasurer-tax collector recommending either that:

A. The application be granted;

B. The application be granted with conditions; or

C. The application be denied.

If the report recommends the imposition of conditions or denial, reasons for the recommendation shall be set forth.

(Ord. No. 1486, § 2, 12-18-12)

The operator of a swap meet shall comply with the following standards:

A. Enclosure. 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 operator to control effectively the ingress and egress of persons and merchandise.

B. Vending Sites. Each vendor shall be provided with a safe, sanitary and dust free stall or vending site.

C. Toilets. At least one flush-type toilet facility marked "Men" and one such facility marked "Women" shall be installed for every twenty-five (25) vending sites.

D. Drinking Water. Adequate drinking water facilities shall be provided.

E. Structures, Electrical and Plumbing. All structures and improvements shall be in compliance with the applicable building regulations and uniform codes.

F. Parking. Dust free parking facilities shall be provided on a formula of two parking spaces, with minimum dimensions of nine by twenty (20) feet for each vending site.

G. Refuse Collection. Trash receptacles adequate to meet anticipated daily refuse volume shall be provided and shall be emptied daily.

License conditions may require installation of improvements as required by the above standards.

Representatives of county agencies charged with enforcement of police, safety, and health regulations shall be entitled to access to the swap meet at all times to inspect for compliance with this chapter and with other applicable ordinances, rules, and regulations.

(Ord. No. 1486, § 2, 12-18-12)

It is unlawful for any person to sell or exchange any of the following at a swap meet:

A. Firearms or ammunition;

B. Explosives;

C. Animals or livestock;

D. Stolen merchandise;

E. Other merchandise the sale of which is prohibited by any applicable regulations or ordinance.

(Ord. No. 1486, § 2, 12-18-12)

Swap meets shall be conducted only between the hours of six a.m. and sundown.

(Ord. No. 1486, § 2, 12-18-12)

The operator of any swap meet shall take reasonable steps to notify all participants of the regulations and prohibitions contained in this chapter, including, but not limited to, the posting of notices in conspicuous places on the swap lot. Additionally, the operator, or his or her employees and agents, shall maintain continued surveillance and inspection to assure compliance with the provisions of this chapter.

(Ord. No. 1486, § 2, 12-18-12)

A license may be revoked or suspended for violation of any provision of this chapter. The sheriff, public health department, department of public works, planning department, or fire department may initiate action to revoke a license by filing a notice of intention with the treasurer-tax collector. The treasurer-tax collector shall have the discretion whether to revoke or suspend the license. If the treasurer-tax collector decides to take such action, notice shall be sent to the licensee by the treasurer-tax collector. The notice shall contain a statement of the reason(s) for the proposed revocation or suspension and shall inform the owner or operator of the right to a hearing before the board of supervisors pursuant to Chapter 5.01.

A. The treasurer-tax collector may suspend a license in cases where his or her department, or any other department involved in the investigation and inspection process, has received notice from a financial institution that the remittance received for payment of any applicable fee or fees has been returned to the department as an unpaid non-negotiable item. Such departments are authorized to charge a return item fee, as prescribed by their respective fee ordinances. In cases where the return has been received by any department other than the treasurer-tax collector it is the responsibility of that department to notify the treasurer-tax collector so they can properly initiate the license suspension process.

B. When a license is suspended due to a non-negotiable item return as provided herein, the person or business may, upon timely settlement with the department affected by the return, resume business only after first having received an official notice of reinstatement from the treasurer-tax collector. In addition to the non-negotiable item return charge, the licensee must pay an additional license processing fee as prescribed above prior to reinstatement of the earlier suspended license. Any non-negotiable item return not settled within the ten-day period required will cause the license to be revoked.

C. Suspension for nonpayment of fees is not subject to appeal.

(Ord. No. 1486, § 2, 12-18-12)

The appeal hearing procedure described in Chapter 5.01.100 shall be followed in the event the treasurer-tax collector grants with conditions, denies, revokes or suspends a license.

(Ord. No. 1486, § 2, 12-18-12)

Any person violating a provision of this chapter shall be guilty of an infraction/fine.

1. An infraction, punishable by a fine not exceeding one hundred dollars ($100.00), for a first violation as to the applicant/operator;

2. An infraction, punishable by a fine not exceeding two hundred fifty dollars ($250.00), for a second violation as to the same applicant/operator;

3. Either an infraction or a fine for a third violation and any additional violations as to the same applicant/operator. If an infraction, it is punishable by a fine not exceeding five hundred dollars ($500.00).

(Ord. No. 1486, § 2, 12-18-12)