It is the intent of this division that swap meets be subject
to proper regulations, that swap meet owners and operators pay their
share of regulatory costs and that the citizens who attend swap meets
be protected by appropriate control of swap meet operations.
(Ord. No. 95-1, § 1, 2-8-95)
The hours of operation for businesses regulated by this division
shall be as specifically approved by the conditional use permit for
the particular swap meet, but not earlier than 6:00 a.m. nor later
than 6:00 p.m. Sunday through Thursday, and not earlier than 6:00
a.m. nor later than 11:00 p.m. on Fridays and Saturdays; provided
however, that no one shall be admitted to the swap meet lot within
one hour of closing. Such businesses shall not be conducted on Christmas
Day and Thanksgiving Day.
(Ord. No. 95-1, § 1, 2-8-95; Ord. No. 97-12, § 1, 6-11-97)
Swap meet activities shall be conducted only in a building,
structure or other area enclosed by a permanent fence which is sufficient
to enable the owner or operator, or his employee, to control effectively
the ingress and egress of persons and merchandise.
(Ord. No. 95-1, § 1, 2-8-95)
The owner or operator of an enterprise described in this division,
or his employee or agent, shall be required to submit daily to the
chief, on forms prescribed by him, an admission record showing the
following information on merchandise brought to the swap meet for
sale or trade:
(1)
The
date and time of the entry;
(2)
The
name and address of the person bringing the merchandise;
(3)
A
description of the vehicle and license number, if any, of the vehicle
bringing the merchandise;
(4)
A
general description which reasonably describes all property brought
in the trading area; provided, however, that where property is identifiable
by 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)
The
signature of the person bringing such merchandise.
(Ord. No. 95-1, § 1, 2-8-95)
The forms of admission records required by section 16-153 of
this article shall be available for inspection by the chief or the
business license officer during normal business hours.
(Ord. No. 95-1, § 1, 2-8-95)
A licensee shall, within one month after the expiration of each
calendar year, file with the director a duly verified statement showing
in detail the total gross receipts of the licensee during the preceding
calendar year arising from his swap meet operations.
(Ord. No. 95-1, § 1, 2-8-95)
All merchandise admitted into a swap meet area shall be arranged
so that the chief, the building inspector, the county health officer,
the fire chief and other officials may have access for inspection
at all times during hours of operation.
(Ord. No. 95-1, § 1, 2-8-95)
The operator of a swap meet shall post the local regulations
relative to swap lots and swap meets in a conspicuous place on the
premises where the swap meet is conducted.
(Ord. No. 95-1, § 1, 2-8-95)
Every merchant or vendor who does not possess a business license
in the City of Escondido and who regularly sells new or used merchandise
and services at a swap meet shall obtain a business license from the
City of Escondido and shall pay an annual administrative fee of $35
for the calendar year or any part thereof, as may be adjusted from
time to time by resolution of the city council.
(Ord. No. 95-1, § 1, 2-8-95)
(a)
Vendors
engaging in the regular sales of goods at a swap meet must obtain
a city business license prior to selling at any swap meet. A vendor
shall be considered to be engaging in the "regular sale of goods"
if the vendor obtains space, booth or location at any swap meet in
the City of Escondido on more than four occasions in any calendar
year.
(b)
The
owner, promoter or operator of any swap meet in the City of Escondido
shall keep and maintain a record or list of all sellers at the swap
meet on each date the swap meet was open for business and shall, upon
demand by the city business license officer or designee, provide the
list on record for inspection.
(Ord. No. 95-1, § 1, 2-8-95)
No one shall operate a swap meet lot in the city unless such
person has been issued a license as provided in this division. For
the applicable license fee, see section 16-62 of this chapter.
(Ord. No. 95-1, § 1, 2-8-95)
The chief shall approve or deny the issuance of the license
for which an application is made pursuant to this division. The chief
shall have the power to deny any application if:
(1)
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
(2)
The
premises proposed to be used as a swap lot is not a suitable or proper
place for swap meets; or
(3)
The
health, welfare or public morals of the community warrant such denial.
(Ord. No. 95-1, § 1, 2-8-95)
