Chapter 31B — SWAP MEETS

Editor's note— Section 1 of Ord. No. 90-01, adopted Jan. 10, 1990, amended Ch. 31B to read as set out in §§ 31B.1—31.B.17. The chapter formerly consisted of §§ 31B.1—31B.16 and was derived from Ord. No. 72-37, § 1, adopted July 26, 1972; Ord. No. 74-49, § 1, adopted Sept. 11, 1974; and Ord. No. 88-19, § 1, adopted May 25, 1988.

The purpose of this chapter is to regulate swap meets on the local level so that swap meet owners and operators will pay their share of the cost associated with the regulation of such businesses and in order to protect citizens who attend swap meets by appropriate controls of swap meet operations.

(Ord. No. 90-01, § 1, 1-10-90)

For the purposes of this chapter, unless the context otherwise requires:

(a)

Swap meet has the meaning assigned to that term by Section 21661(a) of the Business and Professions Code.

(b)

Swap meet operator has the meaning assigned to that term by Section 21661(b) of the Business and Professions Code.

(c)

Vendor has the meaning assigned to that term by Section 21661(c) of the Business and Professions Code.

(Ord. No. 90-01, § 1, 1-10-90)

The provisions of this chapter shall not apply to the various uses specified in Section 21662 of the Business and Professions Code.

(Ord. No. 90-01, § 1, 1-10-90)

It shall be unlawful for any person to operate a swap meet in the City of Oceanside unless such person has been issued a license as provided in this chapter.

(Ord. No. 90-01, § 1, 1-10-90)

Application for such license [required in section 31B.4] shall be made to the chief of police on forms provided by the chief.

(Ord. No. 90-01, § 1, 1-10-90)

Immediately upon receipt of an application for a license, the chief of police shall proceed to investigate the truth of the matter set forth in said 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 to be used for the swap meet.

(Ord. No. 90-01, § 1, 1-10-90)

The chief of police shall approve or deny the issuance of the license for which the 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 for the swap meet are not a suitable or proper place for swap meets; or if the health, safety or public welfare of the community warrants such denial. The applicant may appeal from the denial of a license in the manner prescribed for herein.

Any person aggrieved by the denial of the license may appeal in writing to the city council. Such appeal shall, within five (5) 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 council on such appeal shall be final.

(Ord. No. 90-01, § 1, 1-10-90)

In addition to the causes for denial of a license as set forth in section 31B.7, 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 licensees more than ten (10) days prior to said hearing, when the council finds:

(a)

The operation of the swap meet is contrary to the public interest, or does not comport with the public health, safety or welfare; or

(b)

The swap meet has been operating in an illegal, improper or disorderly manner.

(Ord. No. 90-01, § 1, 1-10-90)

The license fee for any calendar year or part thereof shall be the greater of two hundred fifty dollars ($250.00) or five dollars ($5.00) per stall available for use by vendors. The annual fee shall be computed on the basis of the number of such stalls at the swap meet location at the date that the license is first issued. The fee for succeeding calendar years during which the license is renewed shall be computed on the basis of the number of such stalls at the swap meet location on December 1 of each proceeding year. Upon approval of a license application by the chief of police and upon payment by the applicant of the license fee to the city license inspector, the license inspector shall issue a license. Such license shall thereafter be renewed for succeeding calendar year upon approval of a license renewal application by the chief of police and upon payment by the applicant of the license fee to the license inspector on or before January 1 of the calendar year to which the license is to apply.

(Ord. No. 90-01, § 1, 1-10-90)

Such license [required by section 31B.4] shall not be transferable or assignable.

(Ord. No. 90-01, § 1, 1-10-90)

A person who brings personal property to a swap meet shall not sell or trade such personal property at the swap meet until he or she has complied with the provisions of Business and Professions Code Section 21660 et seq. relating to reports of property offered or displayed. The swap meet operator shall make such records available for inspection by the chief of police or the chief's designee pursuant to Business and Professions Code Section 21660 et seq. The swap meet operator shall not permit any person bringing personal property to the swap meet to sell or trade such personal property until the records specified above have been completed and submitted to the swap meet operator.

(Ord. No. 90-01, § 1, 1-10-90)

Swap meet activities shall be conducted only in a building, structure or other area enclosed by permanent fence which is sufficient to enable the swap meet operator, or the operator's agent, to control effectively the ingress and egress of persons and personal property.

(Ord. No. 90-01, § 1, 1-10-90)

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

(Ord. No. 90-01, § 1, 1-10-90)

The business defined in this chapter shall be conducted between 6:00 a.m. and 6:00 p.m.; provided, however, that no one shall be admitted to the swap meet after 5:00 p.m.

(Ord. No. 90-01, § 1, 1-10-90)

It shall be unlawful for any person to exchange, barter, trade, sell, or give away firearms, explosives, goats, cows, horses, mules, burros, cats, dogs, rodents, reptiles, amphibians, birds, or any other type of animal at a swap meet, or at any adjacent parking lot under the control of the swap meet operator or any roadway under the control of the swap meet operator leading directly into a swap meet.

(Ord. No. 90-01, § 1, 1-10-90)

The swap meet operators 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 each swap meet is conducted.

(Ord. No. 90-01, § 1, 1-10-90)

A violation of any provision of this chapter is a misdemeanor and may be punishable by up to six (6) months in county jail, a fine of fifty dollars ($50.00) for the first violation, one hundred dollars ($100.00) for the second violation, and two hundred dollars ($200.00) for the third and subsequent violations.

(Ord. No. 90-01, § 1, 1-10-90)