Chapter 5.25
PARK AND SWAP OPERATIONS
Sections:
5.25.040 Application for license.
5.25.050 Revocation or suspension of license – Appeals.
5.25.010 Definitions.
In this chapter, unless the context otherwise requires:
“Owner” or “operator” means the person or persons who control the admission directly, or through agents, of persons and merchandise into the trading area.
“Park and swap lot” means a building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, buy, sell or bargain for new and used merchandise, excluding those places normally engaged in the business of making sales at retail.
“Park and swap meet” means the activity carried on at the park and swap lot and consists of the admitting of persons into a park and swap lot for the purpose of displaying, exchanging, bartering, buying, selling or bargaining for new and used merchandise.
“Park and swap meet participant” means any person other than an owner or operator who brings goods, wares and merchandise, both new and second hand, to a park and swap meet for the purpose of displaying, exchanging, bartering, buying, selling or bargaining these goods, wares and merchandise. (Prior code § 9-5-1)
5.25.020 License.
A. A license issued under the provisions of this chapter shall be displayed in a conspicuous place.
B. All licenses, unless specifically excepted, shall be issued for a period of one year and shall run from January 1st in each calendar year to the December 31st next following when they may be renewed; provided, that no license shall be renewed unless the licensee conforms with the provisions of this chapter. Licenses issued under this chapter shall not be transferable.
C. All licenses issued pursuant to this chapter during a license year may have the license fee prorated to the next month except that the license fee shall not be less than the application fee for said license. (Prior code § 9-5-2)
5.25.030 Fee.
The following fee shall be charged for applications and licenses for the operation of a park and swap lot: application fee, $75.00; license fee, $150.00, annually. Such application fee shall, upon the granting of the license, be applied to the total of the required license fee. In the event a license is not issued, the application fee shall not be returned to the applicant but shall be applied to cover the cost of processing the application. (Ord. 01-015 § 6, 2001; prior code § 9-5-3)
5.25.040 Application for license.
An application for a license under this chapter shall be made on forms furnished by the town. Every application shall be accompanied by an application fee in the amount provided in Section 5.25.030. (Prior code § 9-5-4)
5.25.050 Revocation or suspension of license – Appeals.
The chief of police or his delegate, whenever he has knowledge or it is brought to his attention that any person has violated, or is violating, any of the provisions of this chapter, shall cite such person to appear before the town magistrate on a day certain to answer the charge. Such citation shall state the duty of the person cited to appear personally at the time and place and shall be served in the manner prescribed by law. It shall be the duty of the person cited to appear personally at the time and place named in the citation. He shall have the right at such hearing to be represented by counsel and to introduce witnesses on his behalf. If, after such hearing, the town magistrate determines that the charge is substantiated beyond a reasonable doubt, he shall enter a judgment and appropriate sentence and so notify the cited person. If the person cited is dissatisfied with the order of the magistrate, he may appeal to the superior court in the manner provided by law within 10 days after entry of the judgment and sentence. (Prior code § 9-5-5)
5.25.060 Reports required.
A. On each day of operation of a park and swap lot, the owner or operator shall submit to the chief of police on forms provided by the town the following information on each park and swap meet participant:
1. Name and address.
2. Date and time of entry.
3. Vehicle description and license plate number.
4. Signature of park and swap meet participant.
5. Driver’s license number and the state where issued, if any.
6. Social Security number.
7. Date of birth.
B. These forms and admission records shall be available for police inspection during normal business hours. These forms may be filled out by the park and swap meet participant and turned over to the owner, operator or his designated employee.
C. Each park and swap meet participant shall submit daily to the owner, operator or his designated employee a list giving the complete description of each item of property traded, bartered or sold by him which had a sale price of $25.00 or more or had or did have a serial number and the name and address of the person receiving said property. The owner or operator shall be responsible for forwarding these reports to the police chief at the close of each day’s business. Forms for these reports will be provided to the owner or operator by the town of Huachuca City. (Prior code § 9-5-6)
5.25.070 Trading area.
The swap meet activities shall be conducted only in a building, structure or other area which is sufficiently enclosed to enable the owner or operator or his employees to control effectively all persons and merchandise. (Prior code § 9-5-7)