Chapter 5.28
SWAP MEETS
Sections:
5.28.070 Revocation or suspension of permit.
5.28.010 Definitions.
The following words when used in this chapter shall have the meanings ascribed to them as follows:
(1) “Operator” means any person, who organizes, establishes, conducts and operates a swap meet on premises in the city;
(2) “Swap meet” means any event which meets all of the following requirements:
(A) The proposed event is not an event that is otherwise approved with a special event permit.
(B) 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 it for sale or exchange, barter or trade.
(C) A fee is charged, payable to the operator 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 may be a fixed amount or a percentage of all sales made or of the value of all property exchanged. (Ord. 982 Sec. 1, 2014; Ord. 133 1, 1970)
5.28.020 Permit.
(a) It is unlawful for any person or entity to organize, conduct, establish or operate a swap meet in the City without first obtaining a permit from the City Council to do so.
(b) It is also unlawful for any person or entity to participate as an exhibitor, seller, trader, barterer or exchanger in a swap meet for which a permit has not been issued by the City Council hereunder. The permit shall be by resolution of the City Council.
(c) The City Council shall issue a swap meet permit to an applicant if it finds all of the following conditions exist as to the application:
(1) The operation or conduct of the requested event will not be contrary to the public peace, health, safety and welfare of the City; and
(2) The applicant has submitted to the City Clerk in appropriate form satisfactory evidence that a California State Board of Equalization resale number has been obtained by applicant for the requested swap meet; and
(3) Applicant has submitted satisfactory evidence that adequate and safe parking accommodations will be provided by him for the swap meet, the proposed parking having received the prior recommended approval by the City Engineer and Planning Director; and
(4) Applicant has provided sufficient evidence that he has the capacity and willingness to clean up the site of the swap meet after its conclusion; and
(5) Applicant has submitted satisfactory evidence that he will provide adequate toilet facilities for participants in the swap meet and the anticipated members of the public who are expected to attend the meet.
(d) The City Council may grant a permit for a swap meet subject to any reasonable conditions it deems necessary under the circumstances including but not limited to the following:
(1) Permittee posting security in the form of cash, certificate of deposit or corporate surety bond in an amount established by the City Council to guarantee proper care and maintenance of the site during the swap meet, including the toilets, grounds and refreshment facilities and cleaning the site after its use as a swap meet;
(2) Permittee’s payment of the permit fee as provided in this chapter;
(3) Prohibition upon recommendation of the Riverside County sheriff’s office and city’s fire chief of the sale, trade, exchange and barter of flammable liquids, including but not limited to gasoline, kerosene, acetone, thinners and solvents; ammunition and blasting agents; liquid petroleum gases or other combustible gases; any type of fireworks, acids, caustics or oxidizing agents;
(4) Prohibition of the sale, trade, barter or exchange of perishable foods, merchandise, live animals or birds if so recommended by the city’s health officer;
(5) Provision at permittee’s expense of any number of law enforcement officials deemed necessary by the city council to provide adequate crowd and traffic control for the swap meet;
(6) Installation of fencing and gates therein, the quality and dimensions thereof to be determined by the council. (Ord. 133 2, 1970)
5.28.030 Permit fee.
A permittee hereunder shall pay the city forty dollars for each day the swap meet is operating to defray the city’s costs and expenses in performing inspection to determine if the operators and participants in the meet are complying with the provisions of this chapter and conditions of the permit; provided however, no bona fide religious organization, including groups officially sponsored thereby and no educational institution, including student and/or parent organizations officially sponsored thereby shall be required to pay the fee if all the money or any other property received from the operation of such a swap meet is retained by the permittee and used solely to further the purposes of the permittee. If any such money or property is retained or used by any person other than permittee, this exemption shall not apply. (Ord. 146 1, 1971: Ord. 133 3, 1970)
5.28.040 Exhibitor.
Every person who desires to exhibit for sale, barter, trade or exchange identifiable, tangible personal property at a swap meet shall, before he is permitted to exhibit such identifiable, tangible personal property at the swap meet, furnish to the operator of the swap meet or a person designated in advance by the operator to receive such information, a written notice containing all of the following information:
(1) The name and current address of the person who desires to exhibit for sale, barter, exchange or trade identifiable, tangible personal property at the swap meet;
(2) An accurate description, including any identifying manufacturer’s or license number, of every item of identifiable, tangible personal property which such person will exhibit at the swap meet for sale, barter, trade or exchange;
(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 for sale, barter, trade or exchange. (Ord. 133 4, 1970)
5.28.050 Written notice.
Every person who sells, barters, trades or exchanges any identifiable, tangible personal property at a swap meet shall furnish to the operator of the swap meet, or a person designated in advance by such 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 which was sold, bartered, traded or exchanged;
(2) The name and current address of the person selling, bartering, trading or exchanging the identifiable, tangible personal property;
(3) The name and current address of the person who purchased or received the identifiable, tangible personal property. (Ord. 133 5, 1970)
5.28.060 Report to sheriff.
Within twenty-four hours after the close of the swap meet, the operator of the swap meet shall transmit the information he receives pursuant to Sections 5.28.040 and 5.28.050 to the Riverside County sheriff on a form prescribed or approved by the sheriff. (Ord. 133 6, 1970)
5.28.070 Revocation or suspension of permit.
Any swap meet permit granted under this chapter may be revoked or suspended for any period of time by city council resolution after a hearing of the city council for any of the following reasons:
(1) Permittee’s violation of this chapter or the conditions imposed on the permit;
(2) Permittee’s violation of any federal, state or city law or ordinance.
The city clerk shall give a permittee seventy-two hours’ written notice of the city’s intent to revoke or suspend, said notice to be deemed given when deposited in the United States mails postage prepaid and addressed to permittee at the address stated on his application for the permit. The notice shall state the grounds for the proposed revocation or suspension.
At the hearing the permittee shall have the opportunity to present to the council any relevant evidence on the question of suspension or revocation prior to the council’s decision thereon. The council’s decision to revoke or suspend shall be final and may only be made after it has first found that either or both of the reasons stated in subparagraphs (1) and (2) of this section do exist. (Ord. 133 7, 1970)
5.28.080 Duties of operator.
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 such swap meet is conducted.
The operator of such swap meet shall be responsible for compliance with the provisions of this chapter on the part of each participant therein. (Ord. 133 8, 1970)
5.28.090 Violation--Penalty.
(Repealed Ord. 634, 1991) (Ord. 527 4 (part), 1984: Ord. 133 9, 1970)