National City Municipal Code Ch. 10.57 Swap Meets

As used in this chapter, the terms "swap meet operator," "vendor" and "swap meet" shall have the meanings ascribed to them by Business and Professions Code Section 21661. A swap meet is designated as a regulated activity in order to ensure legitimate business practice that does not facilitate the possession or transfer of stolen property.

(Ord. 2224 § 19 (part), 2003)

It is unlawful for any vendor in a swap meet to exchange, barter, trade or sell, the following items of personal property: firearms, ammunition, explosives, animals and livestock, any item of personal property from which the serial number or identifying number has been removed, or any other item of personal property which is prohibited from being exchanged, bartered, traded or sold by ordinance or resolution or any laws of the city, the county, or the state.

(Ord. 2224 § 19 (part), 2003)

The swap meet operator shall take the following steps to notify each vendor of the prohibitions against selling property designated in Section 10.57.020:

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

B. The swap meet operator shall install and maintain signs in the English and Spanish languages announcing the prohibitions of Section 10.57.020. One sign shall be installed for every twenty-five vending sites within the premises. Each sign shall be of a minimum dimension of three feet by four feet. There shall also be installed a sign at each entrance to the licensed premises stating that the sale of property forbidden by Section 10.57.020 is illegal.

C. The swap meet operator shall give to each vendor entering the premises written notice of the restrictions of this chapter.

D. The swap meet operator shall make oral announcements in the English and Spanish languages of the restrictions of this chapter through the use of the required public address system. Announcements shall be made at least once every sixty minutes during the operation of a swap meet as defined in this chapter.

E. The swap meet operator or agent shall maintain a constant foot patrol of the licensed premises to observe violations of this chapter. The foot patrol shall be of sufficient frequency that each vending site is passed and observed by the patrolman at least once every sixty minutes during the operation of a swap meet as defined in this chapter.

F. Upon observing a violation of this chapter the swap meet operator or agent shall notify the National City police department and report the violation.

(Ord. 2224 § 19 (part), 2003)

Violation of any provision of this chapter by any person, firm or corporation shall be proper ground for suspension or revocation of the business tax license issued pursuant to Chapter 6.04.

(Ord. 2224 § 19 (part), 2003)

Except as provided in Section 10.57.060, every vendor selling new merchandise, every vendor selling used merchandise more frequently than twice each calendar year, and every vendor advertising for products or services at a swap meet shall obtain a tax license from the city pursuant to Chapter 6.04 for his or her operations at a swap meet. The vendor may give the address of the swap meet at which he or she operates as the business address for the purpose of obtaining the tax certificate. The vendor must provide a mailing address of the business on the application, which may be his or her home address and home telephone number if there is no fixed place of business.

(Ord. 2224 § 19 (part), 2003)

Vendors engaging in the occasional or infrequent sale of used goods at a swap meet, which is defined as two or fewer sales per calendar year, each sale not exceeding four consecutive days, are not required to pay a city business tax prior to operating at a swap meet.

(Ord. 2224 § 19 (part), 2003)

Each vendor shall maintain records and comply with Business and Professions Code Sections 21663 through 21666. Records shall be provided to the chief of police, as required.

(Ord. 2224 § 19 (part), 2003)

The operator of a swap meet shall comply with Business and Professions Code Sections 21664, 21665 and 21666. Records shall be provided to the chief of police as required.

(Ord. 2224 § 19 (part), 2003)

Portions of real property to be used by a swap meet operator for conducting a swap meet sales area, parking, and for the foot travel of participants, shall be paved with surfacing approved by the director of public works prior to that real property being utilized for the conducting of a swap meet. Nothing in this section shall be construed to prevent an operator from installing suitable landscaping or lawns in lieu of paving any of the areas subject to this section.

(Ord. 2224 § 19 (part), 2003)

The portions of real property used for the swap meet shall be fenced with fencing not less than six feet in height, constructed of chain link or other open type of material that does not materially obscure visibility through such fencing.

(Ord. 2224 § 19 (part), 2003)

All parcels of real property used for the conducting of swap meets shall be serviced by adequate restroom facilities.

(Ord. 2224 § 19 (part), 2003)

No person shall remain overnight on premises used for the swap meet.

(Ord. 2224 § 19 (part), 2003)