Swap meets attract many citizens, out-of-City and out-of-State participants. State laws regulate the reporting of property for sale or exchange. Nothing herein is intended to supersede, supplant or supplement such State law relative to reporting of such property. Investigation has shown that both new and used items and merchandise are sold at swap meets. Special regulations apply to pawn shops and because swap meets are especially susceptible places to dispose of stolen goods, similar control should be applicable to swap meets.
(Ord. 557 § 3, 2019)
It is the intent of this chapter that swap meets be subject to proper regulations similar to regulations applicable to businesses with similar problems, that swap meet owners and operators pay their share of regulatory costs and that the citizens who attend swap meets be protected by appropriate controls of swap meet operations.
(Ord. 557 § 3, 2019)
The following words and phrases, when used in this chapter, have the meanings in this section unless, from the context, a different meaning is intended or specifically defined:
"Owner or operator"
means any person which controls, manages, conducts or otherwise administers a swap meet.
"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 or used merchandise.
"Swap meet"
means any event:
1. 
At which two or more persons offer personal property for sale or exchange; and
2. 
At which a fee is charged for the privilege of offering or displaying personal property for sale or exchange; or
3. 
At which a fee is charged to prospective buyers for admission to the area where personal property is offered or displayed for sale or exchange; or
4. 
Regardless of the number of persons offering or displaying personal property or the absence of fees, at which 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.
(Ord. 557 § 3, 2019)
It is unlawful for any person to control, manage, conduct or otherwise administer a swap meet in the City without first having procured a business license required by Chapter 4.02 and a regulatory permit required by Chapter 4.03.
(Ord. 557 § 3, 2019)
In addition to the reasons stated in Chapters 4.02 and 4.03, the issuing officer may deny any application if the premises proposed to be used as a swap lot are not a suitable or proper place for swap meets, or if the operation of the swap meet will generate excessive traffic in the surrounding community or unreasonably disturb the peace and tranquility of the residents thereof, or if the health, safety, or welfare warrant such denial.
(Ord. 557 § 3, 2019)
The business defined in this chapter must not open before 6:00 a.m. and must close no later than 6:00 p.m.; provided, however, that the owner or operator must ensure that no one is admitted to the swap meet later than one hour before closing time. Such business must not be conducted on December 25th, Labor Day, Thanksgiving Day, or on such other days as are prohibited by the conditions of granting a license as authorized below. The Sheriff is authorized to issue a license limiting the days and/or hours of operation upon a determination that the peace and tranquility of the residents of the surrounding community require such limitations.
(Ord. 557 § 3, 2019)
All merchandise admitted into the area must be arranged so that the Sheriff, Building Inspector, Health Officer, Fire Department personnel, and other officials may have access for inspection at all times during hours of operation.
(Ord. 557 § 3, 2019)
The owner or operator of any swap meet must 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.
(Ord. 557 § 3, 2019)
It is unlawful for any person to exchange, barter, trade or sell firearms or explosives in a swap meet.
(Ord. 557 § 3, 2019)
Swap meet activities must 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 or her employee to control effectively the ingress and egress of persons and merchandise. The owner or operator of any swap meet must implement best management practices to prevent trash and other pollutants from entering stormwater.
(Ord. 557 § 3, 2019)
Knowingly furnishing false information or failure to furnish information, where information is required by the provisions of this chapter, constitute a violation of this chapter.
(Ord. 557 § 3, 2019)
The requirements of this chapter are not applicable to:
A. 
An event held not more than two times per calendar year that is organized 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 vendors 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;
B. 
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;
C. 
Any vehicle or trailer;
D. 
Any vehicle accessory or vehicle part exclusively for a motor vehicle eligible for registration under Section 5004 of the Vehicle Code.
(Ord. 557 § 3, 2019)