Thousand Oaks Municipal Code Ch. 17 Swap Meets

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Swap meet” shall mean any event which meets all of the following requirements:

(1) The place or location at which the event is held has been advertised by any means whatsoever as a place or location to which members of the public, during a specified period of time, may bring identifiable, tangible personal property and exhibit the same for sale or exchange; and

(2) A fee is charged, payable to the operator or organizer of the event, either in the form of a charge for general admission to the place or location where the event is held, or a charge for the privilege of exhibiting identifiable, tangible personal property at such event. The charge for exhibiting identifiable, tangible personal property shall be a fixed amount.

(b) “Swap meet exhibitor” shall mean any person exhibiting, displaying, selling, exchanging, or offering for sale or exchange any personal property at a swap meet not specifically prohibited by the provisions of this chapter.

(c) “Swap meet operator” shall mean any person conducting or operating the business of a swap meet on any premises in the City, excluding however, exhibitors.

(§ 1, Ord. 341-NS, eff. November 30, 1972)

(a) No person or entity shall establish, organize, or conduct a swap meet in the City without first obtaining from the Director of Finance a business tax certificate and from the Council a permit to do so.

(b) Applications for such permits shall be in writing upon such forms as may be prescribed by the Director of Finance and shall be accompanied by the business tax certificate fee provided for in Section 3-1.32 of Chapter 1 of this title.

(c) After the filing of the application for the permit, the facts therein stated shall be investigated and presented to the Council. The Council, after considering such application and such investigations and reports thereon, may, on the basis of such facts and a finding in regard to the public health, safety, and welfare, grant or deny such application for a permit. If the Council determines that such permit shall be granted, the Council shall grant the permit upon the condition that all of the terms and provisions of this chapter are complied with, that the business tax certificate fee has been paid, and upon such other conditions as the Council may fix and impose to protect the public health, safety, and welfare. Any permit, including its accompanying business tax certificate, granted by the Council as provided in this chapter shall be subject to suspension and/or revocation by the same procedure and standards set forth in Section 3-1.18.1 of Chapter 1 of this title.

(§ 1, Ord. 341-NS, eff. November 30, 1972)

For the privilege of participating in a swap meet within the meaning of this chapter, each swap meet exhibitor shall pay a tax in the amount of One and no/100ths ($1.00) Dollar per swap meet stall per day. Such tax shall constitute a debt owed by the swap meet exhibitor to the City and shall be extinguished only by payment to the swap meet operator or to the City. The swap meet exhibitor shall pay the tax to the swap meet operator at the time and on the day the swap meet exhibitor participates in the swap meet. Any unpaid tax shall be paid upon the termination of the swap meet exhibitor's participation in the specific swap meet. Each swap meet operator shall collect the tax imposed by the provisions of this chapter to the same extent and at the same time as any other fees are collected from every swap meet exhibitor. The amount of the tax shall be separately stated from any other moneys collected by the swap meet operator. The operator shall not advertise or state in any manner that the tax, or any part thereof, will be assumed or absorbed by the operator, or that the tax will not be added to any other charges, or that any part of the tax will be refunded, except in the manner provided in this chapter.

Every swap meet operator liable for the collection and payment to the City of any tax imposed by the provisions of this chapter shall keep and preserve, for not less than three (3) years, all records necessary to determine the amount of such tax. The operator shall make such records available for inspection on demand by the License Collector so long as such request is made during business hours.

On or before the next day of the month following the close of the calendar month, or at the close of any other reporting period which may be established by the License Collector, each operator shall file a return with the License Collector showing the total fees charged and received, the amount of the tax collected pursuant to the provisions of this chapter, and such other information as may be required by the License Collector. At the time the return is filed the operator shall remit the full amount of the tax collected to the License Collector. The License Collector may establish such other reporting periods as he deems necessary or expedient to assure the collection of the tax. Returns and payments shall be due immediately upon cessation of business for any reason.

Every operator shall hold all taxes collected pursuant to the provisions of this chapter in trust for the account of the City until payment thereof is made to the License Collector. Any operator who fails to remit the tax within the time required shall pay a penalty to the City in the amount of ten (10%) percent of the amount of the tax. In addition to any penalties imposed, an operator who fails to remit any tax imposed by the provisions of this chapter shall pay interest at the rate of one-half (1/2) of one percent per month on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent. If any operator shall fail or refuse to collect the tax or to make within the prescribed time any report or remittance of the tax, or any portion thereof, the License Collector shall estimate the amount of tax due and assess against such operator the tax, interest, and penalties provided for in this chapter. The License Collector shall give a notice in writing of the amount so assessed by serving such notice personally or by depositing it in the United States mail, postage prepaid, addressed to the swap meet operator at his last-known place of business. The appeal provisions of this Code shall apply to any swap meet operator who feels aggrieved by any action of the License Inspector or License Collector pursuant to the provisions of this Code. The License Collector shall promulgate a set of regulations required for the refunding of overpayments by swap meet operators.

(§ 1, Ord. 341-NS, eff. November 30, 1972)

No permit or business tax certificate shall be issued unless and until:

(a) The applicant produces satisfactory evidence to the Finance Department of the City that a State Board of Equalization resale number has been obtained so as to assure the City that all sales occurring at such swap meet will be subject to sales tax and the collection thereof assured;

(b) The applicant shall produce 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 Public Works Department and the Community Development Department;

(c) The days and hours each day when the swap meet may be conducted have been fixed and determined by the Council;

(d) Adequate permanent rest room facilities approved by the Building Official are provided; and

(e) An adequate number of police or security officers, all at the expense of the swap meet operator, are on duty at all times while such swap meet is in operation to keep the peace and to investigate and check on merchandise which is being display 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.

(§ 1, Ord. 341-NS, eff. November 30, 1972)

The operator of a swap meet shall:

(a) Provide for a daily cleanup of the premises and maintain such premises in a good, clean and sanitary condition at all times;

(b) The premises shall be vacated by all exhibitors, and all of their merchandise and personal property shall be removed at the close of each day’s business; and

(c) The sale of edible or perishable merchandise and personal property shall not be made or had without the necessary permits from the Health Department and in full compliance with all laws relating thereto.

(§ 1, Ord. 341-NS, eff. November 30, 1972)

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

(a) Any animal, bird, or fowl unless the business tax certificate provided for in this chapter so specifies;

(b) Any handgun, rifle, shotgun, or other type of firearm by whatever name, or any deadly weapon; and

(c) Any flammable liquid, including, but not limited to, gasoline, kerosene, acetone, thinner, and solvent; ammunition blasting agent, liquid petroleum gas, or other combustible gas; or any type of firework, explosive, acid, caustic or oxidizing agent.

(§ 1, Ord. 341-NS, eff. November 30, 1972)

(a) Every person who desires to exhibit identifiable, tangible personal property at a swap meet shall, before he is permitted to exhibit such property, furnish to the operator or organizer, or his duly authorized agent, a written notice containing all of the following information:

(1) The name and current address and telephone number of the person who desires to exhibit identifiable, tangible personal property at a swap meet;

(2) An accurate description, including any identifying manufacturer’s or license number, of every item of identifiable personal property which such person will exhibit at the swap meet; and

(3) The name and current address of the owner of every item of identifiable, tangible, personal property which such person will exhibit at the swap meet.

(b) Every person who sells or exchanges any identifiable, tangible personal property at a swap meet shall furnish to the owner or operator of the swap meet, or a person designated in advance by such owner or operator to receive such information, a written notice containing all of the following information with respect to each such sale or exchange:

(1) An accurate description, including any identifying manufacturer’s or license number, of the identifiable, tangible personal property; and

(2) The name and current address of the person owning the identifiable, tangible personal property; and

(3) The name and current address of the person selling or exchanging the identifiable, tangible personal property.

(§ 1, Ord. 341-NS, eff. November 30, 1972)

Within twenty-four (24) hours after the end of each day's business at the swap meet, the owner or operator of the swap meet shall transmit in writing the information received pursuant to the provisions of subsections (a) and (b) of Section 3-17.07 of this chapter to the Chief of Police on such forms as may be approved by or prescribed by the Chief of Police.

(§ 1, Ord. 341-NS, eff. November 30, 1972)

Any person violating any of the provisions of this chapter, including the filing or causing to be filed of an application for a permit or business tax certificate or information report required pursuant to the provisions of this chapter containing false or fraudulent misstatements, or in perpetrating any other misstatements, deception, or fraud in connection with any application, sale or exchange, or information report to be made in connection therewith, shall be guilty of a violation of this Code pursuant to Section 1-2.01 of Chapter 2 of Title 1 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 provision of this chapter is committed, continued, or permitted by such person and shall be punishable therefor as provided in this chapter.

(§ 1, Ord. 341-NS, eff. November 30, 1972, as amended by § VI, Ord. 770-NS, eff. February 26, 1981)