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HomeMy WebLinkAbout70-09 - Swap MeetsORDINANCE NO. 70-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR SWAP MEETS AND THE NECESSITY FOR A PERMIT FOR THE SAME; ESTABLISHING CONDITIONS TO BE IMPOSED UPON SAID PERMIT; ESTABLISHING THE FEE TO BE PAID FOR THE SAME AND PROVIDING FOR REVOCATION AND PENALTIES. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares as follows: That the practice of holding garage and patio sales in the City of Costa Mesa has surpassed the casual nature and in some instances has become a continuous professional commercial activity. That said activity is contrary to the residential zoning ordinances of the City of Costa Mesa and should be discouraged. That the prevalence of said garage and patio sales results in a comparatively uncontrollable situation from the standpoint of the Police Department and the recovery of stolen property. That it is in the best interest of the health, safety and welfare of the community that swap meets be encouraged and that garage and patio sales be discouraged in order to centralize this type of activity to prevent the uncontrolled traffic in stolen, found, abandoned or other types of property not normally in the commercial stream. That to encourage swap meets and discourage indiscriminate garage and patio sales we intend to prevent instances of public nuisances which result from continuous professional commercial garage and patio sale activity. SECTION 2. Accordingly, the City Council of the City of Costa Mesa hereby adopts Chapter VII, Article 15 of the Costa Mesa Municipal Code which shall read as follows: CHAPTER VII Businesses, Trades and Professions arr;,ta is Sec. 62000. Swap Meet Sales A Swap Meet, as used in this ordinance, means any event which meets all of the following requirements. y I (a) 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. (b) A fee is charged, payable to the operator or organizer of the event, either in the farm of a charge for general admission to the place or location where the event is held or a charge for the privilege of ex- hibiting 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. Sec. 62001. Permit. No person or entity shall establish, organize or conduct a swap meet with- out first obtaining from the City Council of the City of Costa Mesa a permit to do so. Said permit shall be in writing and in a form or forms to be established by the City Council of the City of Costa Mesa. Sec. 62002. Conditions on Permit The City Council of the City of Costa Mesa may impose such conditions as it shall find reasonable in the circumstances upon the permittee, said 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 Department 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 Traffic Engineer:. and Director of Planning shall make a recommendation to the City Council with respect to said parking. (c) The City Council shall establish as a condition for the granting of said permit the days and hours during the day when said swap meet may be conducted. (d) Prior to the granting of any permit hereunder the applicant shall satisfy the City Council that adequate provisions have been made for a clean up and that a good state of housekeeping will be maintained. - 2 F (e) No permit shall be granted to the applicant herein until such time as the fee for said permit hereinafter provided for has been paid. (f) As a condition to the granting of said permit the City Council may upon the recommendation of the Chief of Police and Fire Chief prohibit the sale or trade of flammable, liquids, not including but 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 City Council shall obtain the recommendation of the County Health Officer with respect to County Health requirements in connection with the sale of such items prior to granting the permit. Sec. 62003. Fees The fee for the granting of a permit herein shall be $10.00 per day for each day applicant is open for business. Sec. 62004. Grounds for Revocation The permit granted hereunder may be revoked or temporarily suspended after a hearing of the City Council for any of the following reasons: (a) Violation of this ordinance for the conditions imposed thereunder. (b) Violation of any federal, state or local law or ordinance. (c) Failure to bar any customer or participant who is inviolation of this ordinance or who violates any federal, state or local law or ordinance. Sec. 62005. Penalty Any violation of this ordinance may be penalized under Section 1115 of the Costa Mesa Municipal Code in addition to or in lieu of a revocation or suspension of the permit granted herein. SECTION 3. Swap Meets shall be specifically excluded by this ordinance from licensing under Chapter VII, Article 2 of the Costa Mesa Municipal Code relating to city business licenses. SECTION 4. This ordinance shall take effect and be in full force thirty (30) days from and after its passage and prior to the expiration of fifteen (15) days from its passage shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against same. PASSED AND ADOPTED this day of _ 19 'jp ATTEST: ,yam Mayor of the City of Costa�3esa City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby _certify that the above and foregoing Ordinance No. 70-9 was introduced and considered section by section at a regular meeting of said City Council held on the 10th day of jxnvary 197_, by the following roll call vote: AYES: %l%�dhtl, i (•.�L+.r/�I, 7`r "-, NOES: X4- (� ABSENT: ?L"14 - IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Costa Mesa, this _,FAC day of 19 %O City Clerk and ex -officio Clerk of the City Council of the cCity of CostaMesa - 4 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am th Legal Advertising Manager of the ORANGE COAST DAILY PILOT, a newspaper of gen- eral circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and I certify ,h, City Ordinance Number 70-9 of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper o February 7,1970 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 7 , 1R2 -- at Costa Mesa, California. i/7 `Tejo "_ �1(9pwNm) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 70-9 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the14Y11--_ day of January , 1970 , and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 2nd day of February , 1910 , by the following roll -call vote: AYES: COUNCILMEN - WILSON, TUCKER, ST. CLAIR, JORDAN, PIPs= NOES: COUNCILMEN - ABSENT: COUNCILMEN - NONE I FURTHER CERTIFY that said Ordinance No. 70-9 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 7th day of February 1970 City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa is END 9d9 THE CITY COUN- Ci. to iueresl of the of the normelI, In 'hercNO. mmerc al stream. nut That 1. a meets antl v"roue irdiscrlmied, aaoa "'He Isles we I... to Prevent l alof public nulsonces which result from continuous Pro staignel ca In a c r i a l eater. and vette sale, activity.m SECTION 2. AcmMinely: Me City Ccury cit of Me City at Cesta Mesa H.MW art h Chapter V11, Article 15 of the Costa Mesa Municipal Code which shall Mad as relieve CHAPTER siN 'again essas, Trades and PWOSSiOU Article 25 Soc. Step. Swap Meet sales A S w a p Meet, as used in this a Po6pnal proplfN ntl, fpr RavafNR 6Lc. MON. Grand, al M ,At or A percentage s The permit rMptind hereuntler ma, be of the. value M all revaked or i-,ateilly suspended after Provisions have been mane for a clean A nearine of the CRY Cmuroll for Any of His shell establish, the folleyino recons: Y A swap t (a) Violation of this Ordinance for the be Man the City mniili•me learned Harriers, Cosa shall be in -" (b) Viala+lnn Of any federal, IMM of permit me or forms he he Incl law or ordinance. , Council 0 b Ci- fci Failure to bar a nn+emer e saitl Permit the City Cu,"RO ly upon participant wFw Is in thastim, Of 'hiss son Permit. OMinsMe Or who violates any federal. t tl a City - "A's ,+ate or 0-1 taw m ardleaace. ,on Conditionses b In Me ctrcumstana Sec 62065. Penally said mntlfliom. Any viulntian of this nrdineal. may eeessa'ril, be Ilmlt- he re ,Intl tinder 5adlon 1115 of It 4<IveM4: ='am unifies add' bbsllnq Costa Mesa Municipal Cc Ye In w1i III be 9ranhd Until be unry to f n Ilea a a revocation or it, tied e nn M 1Fe perms small' naree, rise. Dowelmmi odM Erumliallin SECTION 2. Swap Meets shall be ,can ohtalnd e specifically exclWed M this oralnence Or a permit shall f.om H,Marnn antler Che,'rr VI1. ArNr.4 evidence et the 2 of the Cusp Mesa Municipal Corte Ilon that ahignede ....M. fn city h—inea Ilcenso. ang SECTION. 4. This mdinantt shall take Me Eng nee And affect a. M1a in Intl furry Mil I'm IIao4 theft m tee a - mm amt suer tl a+d n rt the City Council ' ai _ ,,l m iia parkine. .....��.h.0 1. ..MisMd env in na -(d) Prior to the 11ranMng of Any a,me wv — — — - Permit hereunder Me amllcanf shall i,, svn•e. SSY PASSED AND ADOPTED thisna a setlsfv the City Council that aamuMe February, 1910 Provisions have been mane for a clean O1 A. L. P n and that a good stale of housekill, Mayor of.the M< CCi ty d Cash MeX nwill be maintained. (s) No Permit shall be granted to the ATTEST: Ilcant herein Until such time as the C. K. PRIEST Clerk of the City of Costa Mesa i he fpr sold Permit hereinafter Insulted CM NI1 STATE OF CALIFORNIA ' 1, has been paid. (f) As a medition to the titanium of COUNTY OF ORANGE I an saitl Permit the City Cu,"RO ly upon CITYOF COSTAPRIEClerk and ex-oF -.' Me r mentlauon of IFe Chief - 1 <entl City Clerk d IM1e City Cnundl of the City Fire Chief prohibit Me sale iicio f Enid. Mesa, hereby certify that Me 01 trade of flammable liquids, no - or Ir showsm foreaoing Opimnce N<. 7. oa duairtti but limited to, cline. Introduced and c nikii . tion bV let.. amlene, thinkers a n d ecNgn at a regular mesure f the saitl 4<IveM4: ='am unifies add' bbsllnq city Crunch held. n Mn 191M1 day 01 thereafter asxa and es: liquid etml<m Italian a, other Janoarv, 19M' and as whsle et a re lei Owning combustible g5zes: any Inge qi adcPlW ,.aid Clay CDuncll Haitiqn M¢ Ina fireworks: adds, causes pr oxiiffG. Me day of Februerv. 19]0, As the following a9enis. roll call vote. N, or l AYES: COUNCILMEN W ncFshaisedilbve aNmalsorable birdststtl TUCKER, ST. CLAIR,COUNCILMEN,so JORDAN, PINK- ' -abs Misted for side a, Dart unless IM1e LEY COUNCILMEN NONE rmit Provided for herein so socri les. NOES: ABSENT : COUNCILMEN NONE the CHI Council shall obtain the WITNESS WHEREOF Fed mendathea M the County Health ,p int my hand ena ahix<a Me Beal Ff day of with cad to Health d Me CIN of Costa Mesa, this Sra My C n eM requirr 11 connection with the sale n. F¢bNarC, K P C. PRIEST q! such teems 9Yi0r. l0 9raglil5 the of such items cer Cle.k and exoxido y Perm il. Clerk of IFe ascii Sec. 6Ma3. Vistaf is IM1e city off Co Costa Mesa Oranue Case' Did'215-70 fulaill,,fee for the .'..fine of a Permit February 7, 1970 heralitshell be 90.00 per day ar each tla, agolirana la en fo r b si .