San Fernando Municipal Code Art. IV Swap Meets

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Exhibitor means any person who exchanges, sells, or offers for sale or exchange any personal property at a swap meet.

Personal property means:

(1) All serialized items of merchandise.

(2) All personal property commonly sold at swap meets which statistically is found through crime reports to the attorney general to constitute a significant class of stolen goods. A list of such personal property shall be supplied by the attorney general to all local law enforcement agencies. Such list shall be reviewed periodically by the attorney general to ensure that it addresses current problems with stolen goods.

Swap meet means any event at which:

(1) Two or more persons offer personal property for sale or exchange; and

(2) A fee is charged for the privilege of offering or displaying personal property for sale or exchange; or

(3) A fee is charged to prospective buyers for admission to the area where personal property is offered or displayed for sale or exchange;

(4) Regardless of the number of persons offering or displaying personal property or the absence of fees, used personal property is offered or displayed for sale or exchange if such event is held more than six times in any 12-month period.

Swap meet operator means any person, partnership, organization or corporation which controls, manages, conducts or otherwise administers a swap meet.

(Code 1957, § 24A.1)

Cross reference— Definitions generally, § 1-2.

This article shall not apply to the following:

(1) An event for the exclusive benefit of any community chest, fund, foundation, association or corporation organized and operated for religious, educational, hospital or charitable purposes, provided that no part of any admission fee charged exhibitors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of such receipts or earnings, as salary or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event.

(2) An event at which all of the personal property offered or displayed is new, and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or licensed retail or wholesale merchants.

(3) Any vehicle or trailer.

(4) Any vehicle accessory or vehicle part exclusively for a motor vehicle eligible for vehicle registration under Vehicle Code § 5004.

(Code 1957, § 24A.2)

(a) No person or entity shall establish, organize or conduct a swap meet in the city without first obtaining from the city council a permit to do so.

(b) Application for such permit shall be in writing upon such form as may be prescribed by the city and shall be accompanied by the permit fee provided for in section 22-215 of this Code.

(c) After the filing of the application, the facts therein stated shall be investigated and presented to the city council. The city council, after considering such application and the investigation and reports thereon, may grant or deny such application for the permit. If the council determines that such permit shall be granted, it shall grant the permit upon the condition that all of the terms and provisions of this article are complied with, that the permit fee and all applicable license fees have been paid, and upon such other conditions as it may fix and impose. Any such permit granted by the council shall be subject to suspension and/or revocation as provided in article III of chapter 22 of this Code.

(Code 1957, § 24A.3)

No person or entity shall establish, organize or conduct a swap meet without first obtaining from the city council a permit as required in section 66-138 and a business license as required by article II of chapter 22 of this Code. At the time the application for a permit is filed, an application shall likewise be filed for a business license accompanied by the license fee provided in article II of chapter 22 of this Code. If a permit is not granted, the license fee shall be refunded to the applicant.

(Code 1957, § 24A.4)

No swap meet permit shall be issued unless and until:

(1) The permittee produces satisfactory evidence to the finance division that a state board of equalization resale number has been obtained so as to ensure the city that all sales occurring at the swap meet will be subject to sales tax and the collection thereof ensured.

(2) The applicant produces satisfactory evidence that adequate off-street vehicle parking to accommodate the vehicles of all persons in attendance at the swap meet has been provided as required by the traffic engineer and the planning commission.

(3) The days and hours each day when the swap meet may be conducted have been fixed and determined by the city council.

(4) Adequate permanent restroom facilities approved by the building department are provided.

(5) An adequate number of police or security officers, all at the expense of the swap meet operator, are on duty at all times while the swap meet is in operation to keep the peace and to investigate and check on merchandise which is being displayed and is for sale, barter or exchange. The number of such police or security officers and the hours of duty shall be determined by the chief of police.

(Code 1957, § 24A.5)

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

(1) The operator shall provide for a daily cleanup of the premises and shall maintain the premises in a good, clean and sanitary condition at all times.

(2) The premises must be vacated by all exhibitors and all of their merchandise and personal property shall be removed at the close of each day's business.

(3) The sale of edible or perishable merchandise shall not be made or had without necessary permits from the health department and in full compliance with all laws relating thereto.

(Code 1957, § 24A.6)

No person at any swap meet, whether he is the operator or an exhibitor or any other person or entity, shall sell, exchange, display, offer for sale or exchange or barter at any swap meet any of the following items of personal property:

(1) Any animal, bird or fowl unless the permit provided for in this article so specifies.

(2) Any handgun, rifle, shotgun or other type of firearm by whatever name, or any deadly weapon.

(3) Any flammable liquids, including but not limited to gasoline, kerosene, acetone, thinners and solvents; ammunition, blasting agents, liquid petroleum gases or other combustible gases; any type of fireworks, explosives, acids, caustics or oxidizing agents.

(Code 1957, § 24A.7)

Any person violating any of the sections of this article, including the filing or causing to be filed of an application for a permit required under this article, containing false or fraudulent misstatements or in perpetrating any other misstatement, deception or fraud in connection with any application, sales or exchanges to be made in connection therewith shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in section 1-10 of this Code. Each person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any section of this article is committed, continued or permitted by such person and shall be punishable therefor as provided in this section.

(Code 1957, § 24A.8)

The requirements and limitations imposed by this article shall be in addition to the requirements of state law as codified in Government Code §§ 21660—21669.1, as amended.

(Code 1957, § 24A.9)