CHAPTER 5.24
FLEA MARKETS
Section
5.24.030 Condition on operator’s permit
5.24.060 Grounds for revocation
5.24.010 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FLEA MARKET. Any event which meets any or 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 it for sale or exchange, including, but not limited to, the activities commonly known as garage sales, rummage sales, and swap meets;
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 the event; and/or
3. The act or practice of carrying on the exchange, barter, trade, sale, or purchase of identifiable, tangible personal property between persons not otherwise licensed to do so in the City, including, but not limited to the activities commonly known as garage sales, rummage sales, and swap meets.
FLEA MARKET OPERATOR. Any person or group of persons organizing or administering any flea market as defined in this section.
FLEA MARKET VENDOR. Any person or group of persons setting up tables or booths or establishing any location within the flea market premises to exchange or sell identifiable, tangible personal property.
(Ord. 452, § 1, passed -- 1974)
5.24.020 PERMIT.
A person or entity wanting to establish, organize or conduct a flea market may apply for a limited term permit. Refer to §§ 17.71.030 and 18.71.030 (Limited Term Permit) for more details. Other planning permits may be required if the site is in the Coastal Zone.
(Ord. 875, § 38, passed 8-25-2008)
5.24.030 CONDITION ON OPERATOR’S PERMIT.
The Technical Advisory Committee may impose such conditions as it shall find reasonable in the circumstances upon the operator-permittee, the conditions to include, but not necessarily be limited to, the following:
A. No permit shall be granted until the permittee produces satisfactory evidence to the Finance Director that a State Board of Equalization resale number has been obtained.
B. The applicant for a permit shall produce satisfactory evidence at the time of the application that adequate and sufficient parking will be provided and the Chief of Police shall make recommendation to the Technical Advisory Committee with respect to the parking.
C. The Technical Advisory Committee shall establish as a condition for the granting of the permit the days and hours during the day when the flea market may be conducted.
D. Prior to the granting of any permit hereunder, the applicant shall satisfy the Technical Advisory Committee that adequate provisions have been made for a cleanup and that a good state of housekeeping will be maintained.
E. No permit shall be granted to the applicant herein until the time as the fee for the permit hereinafter provided for has been paid.
F. As a condition to the granting of the permit, the Technical Advisory Committee may, upon the recommendation of the Chief of Police and Fire Chief, prohibit the sale or trade 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.
G. No edible or perishable foods, merchandise, live animals, or birds shall be offered for sale or trade unless the permit provided for herein so specifies. The applicant shall present evidence of approval of the County Health Officer with respect to county health requirements in connection with the sale of the items prior to granting the permit.
H. Applicant must present evidence of approval from the county health officer regarding sanitary facilities.
I. The Police Department shall have the right to thoroughly inspect the premises where the activity is being conducted at any time during the hours of operation of the flea market, and all persons engaged in the flea market activity on the premises shall render to the Police Department such assistance as may be reasonably necessary for the inspection.
J. Operator must apply for and obtain a City business license.
(Ord. 875, § 39, passed 8-25-2008)
5.24.040 VENDOR’S PERMIT.
Each vendor shall obtain a business license from the City’s Finance Department. The business license shall not be issued until:
A. A valid operator’s permit has been obtained for the flea market in which the vendor is to participate.
B. All vendors shall be subject to the conditions, provisions and requirements of the operator’s permit for the premises upon which the vendor is to participate.
(Ord. 875, § 40, passed 8-25-2008)
5.24.050 FEES.
A. The fee for the granting of a permit herein to an operator shall be in an amount as established from time to time by resolution of the City Council.
B. The City Council may, in its absolute discretion exempt those organizations which it considers to be religious, charitable, educational, or civic, from the requirements of operator’s fees.
(Ord. 452, § 5, passed -- 1974; Am. Ord. 871, § 14, passed 8-25-2008)
5.24.060 GROUNDS FOR REVOCATION.
The permit granted under this chapter may be revoked or temporarily suspended after a hearing of the City Council for any of the following reasons:
A. The violation of this chapter or the conditions imposed hereunder;
B. Violation of any federal, state, or local law or ordinance; and/or
C. Failure to bar any customer, participant, or vendor who violates any federal, state, or local law or ordinance.
(Ord. 452, § 6, passed -- 1974)
5.24.070 RESPONSIBILITIES.
The operator of each flea market shall be responsible for compliance with the provisions of this chapter on the part of each of the vendors therein.
(Ord. 452, § 9, passed -- 1974)
5.24.080 EXCLUSIONS.
Flea markets are specifically excluded by this chapter from licensing under Ordinance 434 of the City, codified in Chapter 5.04, relating to City business licenses.
(Ord. 452, § 8, passed -- 1974)
5.24.090 PENALTY.
Any violation of this chapter may be penalized under Chapter 1.12 of this code in addition or in lieu of a revocation or suspension of this permit granted herein.
(Ord. 874, § 6, passed 8-25-2008)