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HomeMy WebLinkAboutOrd 45 I ORDINANCE NO. 45 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY ADDING CHAPTER 5.70 TO THE CATHEDRAL CITY MUNICIPAL CODE, ESTABLISHING REGULATIONS 1 RELATING TO SWAP MEET SALES OPERATIONS. I a The city council of the City of Cathedral City does ordain as follows: SECTION 1. A new chapter, to be numbered 5.70 hereby is added to the Cathedral City Municipal Code, to read as follows: Chapter 5.70 SWAP MEETS Sections: 5.70.010 "Swap meet" defined. 5.70.020 Permit required. 5.70.030 Conditions on permit. 5.70.040 Fees. 5.70.050 Revocation or modification of permits. 5.70.010 "Swap meet" defined. As used in this Chapter, "swap meet" means any event which meets all of the following: (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. (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 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. 5.70.020 Permit required. It shall be unlawful for any person to establish, organize or conduct a swap meet without first obtaining a permit therefor from the city council. 5.70.030 Conditions on permit. The city council may impose such a' conditions as it shall find reasonable in the circumstances upon the permittee, said conditions to include but not necessarily be limited to the following: (1) No permit shall be effective unless and until the permittee produces evidence satisfactory to the city manager that State Board of Equalization Resale Numbers as may be required by State law have been or will be obtained by all vendors who participate or will par- ticipate in the swap meet(s) and that such resale numbers are assigned to the City. 000371 (2) 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 city manager shall make a recommendation to the city council with respect to said parking. (3) 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. (4) Prior to the granting of any permit hereunder the applicant shall satisfy the city council that adequate provisions have been made for clean up and that a good state of housekeeping will be maintained. (5) No permit shall be effective unless and until the fee pro- vided for hereinafter has been paid. (6) As a condition to the granting of said permit the city council may upon the recommendation of the city manager or the police or fire authorities, 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 com- bustible gases; any type of fireworks; acids, caustics or oxidizing agents. (7) 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 city's health officer with respect to health and sanitation requirements in connection with the sale of such items prior to granting a permit involving such sales. 5.70.040 Fees. Each permittee shall pay a fee or fees, in advance, computed at the rate of $10.00 per day for each day applicant is open for business, to cover application processing, inspections and necessary policing. 5.70.050 Revocation or modification of permits. (a) Any permit granted pursuant to the provisions of this chapter may, after the permittee has been afforded the opportunity of a due process hearing as hereafter stated, be revoked or modified by the city council for any of the following grounds or reasons: (1) Any acts done under the permit have interfered or tended to interfere with the normal flow of vehicular or pedestrian traffic on any public right-of-way; (2) There was given any false or fictitious information in con- nection with the application for and obtaining of the permit; (3) There has been a violation of or a failure to comply with any condition attached to the permit or any provision or regulation of this chapter or of any other applicable rules or regulations; (4) Permittee hasfailed to bar any customer or participant who permittee knows is in violation of this chapter or the permit conditions, or who permittee knows is using or will use the activities covered by the permit in violation of any federal, state or local law. (5) Any other reason exists for which the permit might have been lawfully denied in the first instance, or that for any reason the continued operations under the permit will be inimical to the public safety or general welfare of the community. (b) Such a revocation or modification of a permit shall be made only after opportunity has been granted to the permittee for a due process hearing before the city council after ten days' notice to said permittee, 2 000372 setting forth the nature and grounds of complaint against him and stating the time and place such hearing will be held. (c) Upon failure of the permittee to respond to the opportunity for hearing after receiving notice of such hearing, the permit may be revoked, or may be modified in such particulars as are deemed necessary in the public interest, and any such revocation or modification shall be effective upon notice or knowledge thereof being received by the permittee, orally or in writing. Any such order of revocation or modification shall also be effective as to any employee or agent of the permittee which employee or agent has been notified orally or in writing of the substance of the order. (d) Any such revocation or modification of any permit may be in ad- dition to any penalties otherwise provided for by law. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. POSTING. The city clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the 3 public places desig- nated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, to- gether with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held on December 15 , 1982, by the following vote: Ayes: Councilmembers Case, ,Krings, Martin, Smith, and Mayor Murphy Noes: None Absent: None •111#_i / 7/? Apr , ATTEST: MAYOR / CITY CLERK APPROVED AS TO FORM: APP AS TO CONTENT: . °141/ta - ITY ATTORNEY CITY MANAGER 3 000373 j I HEREBY CERTIFY that the foregoing Ordinance No. 'jl-Jr was duly adopted by the City Council of the City of athedral City, California, in a meeting thereof held on the 154" day of �,,,l , , 1982 , and that the same was posted within 15 days of the above date in at least the three public places specified for such postings by the said City Council.E E.e-/71;1 /4 V;‘).31./ LEM MA CITY CLERK CITY OF CATHEDRAL CITY a 000374