La Mesa Municipal Code Ch. 6.13 Swap Meets and Swap Lots

For the purposes of this chapter the following definitions shall apply:

(a) "Swap lot" means 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;

(b) "Swap meet" means the activity carried on in such a location;

(c) "Owner" or "operator" means the person or persons who control the admission, directly or through agents, of persons and merchandise into the trading area.

(Ord. 1799 § 1 (part), 1970)

After January 31, 1970, it shall be unlawful for any person to operate a swap meet in the city unless such person has been issued a license as provided in this chapter.

(Ord. 1799 § 1 (part), 1970)

Application for such license shall be made to the chief of police on forms provided by the chief of police.

(Ord. 1799 § 1 (part), 1970)

Immediately upon receipt of an application for a license the chief of police shall proceed to investigate the truth of the matters set forth in the application, the character of the applicant, the character of the persons who have direct management of the swap meet and the character of the premises proposed to be used as a swap lot.

(Ord. 1799 § 1 (part), 1970)

The chief of police shall approve or deny the issuance of the license for which application is made. The chief of police shall have the power to deny any application if 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 if the premises proposed to be used as a swap lot is not a suitable or proper place for swap meets, or if the health, welfare or public morals of the community, warrant such denial. The application may appeal from the denial of a license in the manner provided for herein.

Any person aggrieved by the denial of a license may appeal in writing to the city council. Such appeal shall, within five days after notice of denial of a license be filed with the city clerk who shall set the matter for hearing as soon as practical and notify by mail the chief of police and the applicant of the time and place set for said hearing. Any interested person may appear and present evidence at the public hearing. The city council may approve or deny the issuance of the license. The action of the city council on such appeal shall be final.

(Ord. 1799 § 1 (part), 1970)

In addition to the causes for denial of a license as set forth in Section 6.13.050, any license issued under this chapter may be revoked or suspended at any time after a hearing, notice of which has been given to the licensee more than ten days prior to said hearing, when the city council finds:

(a) The operation of the swap meet is contrary to the public interest, or does not comport with the public welfare; or

(b) The swap meet has been operated in an illegal, improper or disorderly manner.

(Ord. 1799 § 1 (part), 1970)

The license fee shall be established by city council resolution for each quarter year or portion thereof. The first quarter shall begin on January 1, the second quarter on April 1, the third quarter on July 1, and the fourth quarter on October 1 of each calendar year. Upon approval of a license application and upon payment by the applicant of the license fee for a quarter year the director of finance shall issue a license. Such license shall thereafter be renewable for succeeding quarter years without further application upon the licensee paying to the director of finance in advance the license fee for the quarter.

(Ord. 2164; September 7, 1978: Ord. 2459 § 1; August 11, 1987)

Such license shall not be transferable.

(Ord. 1799 § 1 (part), 1970)

The owner or operator of an enterprise described in this chapter, or his employee or agent, shall be required to submit daily to the chief of police, on forms prescribed by him, the following information on each person admitted who brings merchandise to the swap meet for sale or trade:

(a) Name and address;

(b) Date and time of entry;

(c) Vehicle description and license number, if any;

(d) General description which reasonably describes all property brought into the trading area; provided, however, that where property is identifiable by a serial number, where property shows evidence of having had a 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;

(e) Signature of such person.

These forms of admission records shall be available for inspection by the chief of police during normal business hours.

(Ord. 1799 § 1 (part), 1970)

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. 1799 § 1 (part), 1970)

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

(Ord. 1799 § 1 (part), 1970)

The business defined in this chapter shall be conducted between six a.m. and six p.m.; provided, however that no one shall be admitted to the swap lot after five p.m. Such businesses shall not be conducted on the following holidays: December 25, Labor Day and Thanksgiving Day.

(Ord. 1799 § 1 (part), 1970)

It is unlawful for any person to exchange, barter, trade or sell firearms or explosives in a swap meet.

(Ord. 1799 § 1 (part), 1970)

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 premises where such swap meet is conducted.

(Ord. 1799 § 1 (part), 1970)

Knowingly furnishing false information or failure to furnish information, where information is required by the provisions of this chapter, shall constitute a violation of this chapter.

(Ord. 1799 § 1 (part), 1970)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute a misdemeanor and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 2638 § 3; November 23, 1993)