Chapter 5.46 — SWAP MEETS

State Law reference— Swap meets generally, Business and Professions Code § 21660 et seq., and Penal Code § 496.

It is the purpose and intent of this chapter that swap meets be subject to proper regulations similar to regulations applicable to businesses with similar problems, that swap meet owners and operators pay their share of regulatory costs and that the citizens who attend swap meets be protected by appropriate controls of swap meet operations.

(Code 1972, § 5.46.010; Ord. No. 574, § 1(part), 1983)

(a)

As used in this chapter, the term "swap meet" includes a flea market or an open-air market and means an event at which two or more persons offer merchandise for sale or exchange and that meets one of the following conditions:

(1)

A fee is charged for the privilege of offering or displaying merchandise for sale or exchange.

(2)

A fee is charged to prospective buyers for parking or for admission to the area where merchandise is offered or displayed for sale or exchange.

(3)

The event is held more than six times in any 12-month period.

(b)

Notwithstanding subsection (a) of this section, the term "swap meet," as used in this chapter, includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period.

(c)

The term "swap meet," as used in this chapter, is interchangeable and applicable to "flea markets," "indoor swap meets," "open-air markets," or other similar terms, regardless of whether these events are held either inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business.

(d)

The term "operator," as used in this chapter, means any person, partnership, organization or corporation that controls, manages, conducts or otherwise administers a swap meet.

(Code 1972, § 5.46.020; Ord. No. 574, § 1(part), 1983)

It is unlawful for any person or entity to operate a swap meet in the city unless such person or entity has been issued a license, in advance, as provided in this chapter.

(Code 1972, § 5.46.030; Ord. No. 574, § 1(part), 1983)

Application for a used goods permit shall be made to the office of the chief of police on forms provided. Application for a conditional use permit, as provided in Title 19 (Zoning), shall be made to the planning department.

(Code 1972, § 5.46.040; Ord. No. 574, § 1(part), 1983)

Immediately upon receipt of an application for a used goods permit the police department 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.

(Code 1972, § 5.46.050; Ord. No. 574, § 1(part), 1983)

(a)

The chief of police shall approve or deny the issuance of the permit 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, safety or public morals of the community warrant such denial. The applicant may appeal from the denial of a permit in a manner prescribed for in this section.

(b)

Any person aggrieved by the denial of the permit may appeal in writing to the city council. Such appeal shall, within five days after notice of denial of a permit, 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 the hearing. Any interested person may appear and present evidence at the public hearing. The city council may approve or deny the issuance of the permit. The action of the council on such appeal shall be final.

(Code 1972, § 5.46.060; Ord. No. 574, § 1(part), 1983)

In addition to the causes for denial of a permit as set forth in section 5.46.060, any permit issued under this chapter may be revoked or suspended at any time after a hearing, notice of which has been given to the permittee more than ten days prior to the hearing, when the council finds:

(1)

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

(2)

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

(Code 1972, § 5.46.070; Ord. No. 574, § 1(part), 1983)

Any person, firm or entity conducting, managing or carrying on or providing the facilities for the conduct of any swap meet, sellers' meet, flea market or similar activity shall pay a business license of $350.00 per year. Such license fee is due and payable in advance of each calendar year to which the license is to apply, providing that the fees may be prorated on a monthly basis for the year in which the business is commenced. No refund shall be granted for any unused portion of a license. Upon issuance of a conditional use permit, a used goods permit from the police department and payment of the license fee to the city, the finance director shall issue a license. Such license shall thereafter be renewed for succeeding calendar years, upon review and renewal of required permits, and upon payment by the applicant of a license fee to the city.

(Code 1972, § 5.46.080; Ord. No. 574, § 1(part), 1983; Ord. No. 1009, §§ 1(part), 2(part), 1995)

Such license and permits shall not be transferable.

(Code 1972, § 5.46.090; Ord. No. 574, § 1(part), 1983)

(a)

Each person who brings merchandise to the swap meet for sale or trade shall submit to the owner or operator of the swap meet, or his employee or agent, the following information on forms prescribed by the state department of justice and furnished by the owner or operator:

(1)

Name and address of the vendor;

(2)

Date and time of entry to location;

(3)

The make, year, color, state of registration, and license number of the vehicle or vehicles in which the merchandise is transported to the swap meet;

(4)

General description which reasonably describes all property brought into the trading area; provided, however, that where property is identifiable by 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;

(5)

Signature of such person;

(6)

A certification by the vendor that to the vendor's knowledge and belief, the information contained on the form is true;

(7)

The state seller's permit number (state board of equalization tax number), if any, of the vendor;

(8)

The vendor's motor vehicle driver's license, its state of issuance and number or state identification card numbers;

(9)

If the vendor is an agent of an individual, company, partnership or corporation, the name and address of the principal;

(10)

The dates of sale for which the report is made;

(11)

A receipt number given by the operator for the dates of the sale or the space used by the vendor;

(12)

A requirement that the vendor check an appropriate box that sets forth his permit number for sales tax purposes.

(b)

A person who brings merchandise to a swap meet shall not sell or trade such merchandise at the swap meet until the records specified above shall have been completed and submitted to the owner or operator of the swap meet or his employee or agent. The owner or operator of the swap meet shall make such records available for inspection by members of the police department during the normal business hours of the swap meet and shall daily submit such admissions records to the department.

(c)

The owner or operator of the swap meet shall not permit any person bringing merchandise to the swap meet to sell or trade such merchandise until the records specified above shall have been completed and submitted to him.

(Code 1972, § 5.46.100; Ord. No. 574, § 1(part), 1983)

All merchandise admitted into the area 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.

(Code 1972, § 5.46.110; Ord. No. 574, § 1(part), 1983)

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 lot after 5:00 p.m.

(Code 1972, § 5.46.120; Ord. No. 574, § 1(part), 1983)

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

(Code 1972, § 5.46.130; Ord. No. 574, § 1(part), 1983)

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 each swap meet is conducted.

(Code 1972, § 5.46.140; Ord. No. 574, § 1(part), 1983)

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

(Code 1972, § 5.46.150; Ord. No. 574, § 1(part), 1983)

Operators, vendors and sellers at swap meets shall comply with all laws, currently existing, and as amended in the future, including the law set forth in Article 6 of the California Business and Professions

Code.

(Code 1972, § 5.46.160; Ord. No. 574, § 1(part), 1983)

A violation of this chapter is an infraction punishable as provided in section 1.16.010 and other violations are punishable as provided in Section 21667 of the California Business and Professions Code and/or Section 496 of the California Penal Code.

(Code 1972, § 5.46.170; Ord. No. 574, § 1(part), 1983; Ord. No. 608, § 1(part), 1984)

All fees set forth in this chapter may be amended by resolution of the city council.

(Code 1972, § 5.46.180; Ord. No. 574, § 1(part), 1983)