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Home My WebLink AboutCC ORD 1969-12311231 4.2 3 / ®ac cts.tic»e -, ORDINANCE NO. 1231 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ESTABLISHING REGULATIONS FOR THE CONDUCT OF SWAP MEETS The City Council of the City of National City, California, does hereby ordain as follows: SECTION 1. Section 43.1 of Ordinance 708 is hereby re- pealed. SECTION 2. Ordinance No. 1036 is hereby repealed. SECTION 3. Ordinance No. 1156 is hereby repealed. SECTION 4. Definitions. a. "Swap Meet" means the act or practice of carrying on a single location or premises, the exchange, barter, trade, sale or purchase of personal property among or between twenty-five (25) or more per- sons, not otherwise licensed to do business in the City of Na- tional City. b. "Operator" means any person conducting or operating the business of a swap meet on a premises in the City of National City, not including any participants therein. c. "Vendor" means any per- son selling goods in a licensed swap meet as a sub -tenant of an operator. d. "Identifiable Goods" means tangible personal property which bears a serial number or personalized initials or in- scription, and shall include sec- ond-hand tangible personal property which, at the time it is acquired by the vendor, bears evidence of having had a serial number or personalized initials or inscription. SECTION 5. Prohibited Items. - It shall be unlawful for any person to exchange, barter, trade, or sell in a swap meet, the following items of ,,,,,,�,4personal property: Fire arms, ammunition, ex- gC �Ga d l a�ca plosives, animals and live- 4stock, any item of personal property from which the 11.0_,A,6 Mej. serial number or identifying number has been removed, and any and all other items of personal property which may be prohibited from being exchanged, bartered, traded or sold by Ordinance or Reso- lution made by the City Coun- cil of National City, or the laws of the State of California, or by any and all laws regu- lating the health and welfare of the City of National City, the County of San Diego, or the State of California. SECTION 6. Announcing Prohibitions. The operator shall take the following steps to notify participants in the swap meet of the prohibitions against selling certain property: ' a. The operator shall install and maintain a public address system of sufficient volume to be heard in all parts of the licensed premises during the conduct of the Licensed business. b. The operator shall install and maintain signs in the Eng- lish and Spanish language an- noucing the prohibitions of this ordinance. There shall be in- stalled one sign for every 25 vending sites within the prem- ises. A sign shall be of a mini- mum dimension of 3 feet by 4 feet. In addition to other re- quired signs there shall be in- stalled a required sign at each entrance to the licensed prem- ises. Each sign shall state that the sale of forbidden property is a crime. c. The operator shall give to each vendor entering his prem- ises written notice of the re- strictions of this ordinance. d. The operator shall make oral announcements in the English and Spanish language of the restrictions of this ordi- nance through the use of the required public address system. Announcements shall be made at least once every 60 minutes during the operation of a swap meet as defined herein. e. The operator or his agent shall maintain a constant foot patrol of the licensed premises to observe violations of this or- dinance. The foot patrol shall be of sufficient frequency that each vending site is passed and observed by the patrolman at least once every 60 minutes during the operation of a swap meet as defined herein. f. Upon observing a violation of this ordinance the operator, or his agent, shall communicate with the National City Police Department and report the vio- lation. SECTION 7. Suspension or Revocation of License. Violation of any provision of this Ordi- nance by any person, firm or corporation shall be proper ground for suspension or revo- cation, after hearing before the City Council, of any or all busi- ness licenses issued by the City of National City to such person, firm or corporation, or to the owner or operator of said swap meet. SECTION 8. Vendor to Ob- tain License. Each vendor selling new merchandise at a swap meet shall obtain a busi- ness license from the City of National City for his operations at a swap meet. Such a vendor ma,y give the address of the swap meet at which he operates as his business address, for the purpose of obtaining a City li- cense. SECTION 9. Occasionai Sales. Vendors engaging in the occasional or infrequent sale of goods at a swap meet, and ven- dors dealing exclusively in used merchandise need not obtain a City business license prior to operating at a swap meet. SECTION 10. Control of the Sale of Certain Goods. A person selling any Identifiable Goods must execute a bill of sale, in triplicate, containing the name and address of the seller and the name and address of the buyer, the sales price, and a complete description of the sold goods. The seller shall retain the original and one copy of the bill of sale and deliver one copy to the buyer. The seller shall deliver the original bill of sale to the operator of the swap meet who shall maintain the same on the premises of the swap meet, and make the same available for inspection by City officials at all reasonable times. SECTION 11. Operator's Records. The operator of a swap meet shall obtain from each vendor, the following in- formation: a. Name and address vendor; b. Description of vendor's vehicle with license plate num- ber; c. Stall number assigned to vendor; d. Franchise tax board re- sale number; e. Description of the mer- chandise brought on the swap meet premises by the vendor; the description of merchandise shall be a detailed description, as to those goods the sale of which is controlled by Section 10 hereof. SECTION 12. Annual License Fee. The operator of a swap meet shall pay an annual li- cense fee in the amount of $4,500.00 payable quarterly. SECTION 13. Violation a Mis- demeanor. Any person, firm or corporation who shall violate any provision of this ordinance shall be deemed guilty of a mis- demeanor and shall be punish- able by fine of not more than $500.00 or by imprisonment in the County Jail for a period of not to exceed six months, or by both such fine and im- prisonment. Such fine shall be in addition to, and not in lieu of or dependent on any suspen- sion or revocation of business licenses as mentioned in Section 7. SECTION 14. Investigation of Application. The City Treasurer shall not issue a license to any swap meet operator until the application for such license has been referred to the Chief of Police of the City of National City for investigation and a favorable report on such inves- tigation has been received from the Chief of Police. PASSED AND ADOPTED by the City Council of the City of National City, California, this 7th day of October, 1969, by the following vote- to -wit: AYES: Councilmen Camacho, Colburn, Hogue, Reid, Morgan. NAYS: Councilmen none ABSENT: none KILE MORGAN Mayor of the City of National City, California ATTEST: IONE MINOGUE City Clerk I hereby approve the fore- going Ordinance this 7th day of October, 1969. KILE MORGAN Mayor of the City of National City, California I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 1231 of the Ordi,:nces of the City of National I,ity, California, ted 1 by th • City Council roved by y, on the 19 s. gned) .''b MINOGUE (Seal) City Clerk of the City of National City, California NC48631 10-16-69 AND I HEREBY CERTIFY that the same as been duly blished cco . ing to law. City Clerk, City of National City, Califor