§ 20.11.245. Swap meet.

1.

Intent. This section is intended to establish standards to regulate swap meet operations and sales in order to ensure the safety and well-being of swap meet customers and vendors.

2.

Applicability. All swap meets shall comply with the provisions of this section and all other standards and permit procedures pursuant to the zone district in which such swap meets are located.

3.

Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

The term swap meet is interchangeable with and applicable to flea market.

a.

Swap meet. A swap meet shall be defined as a periodic or occasional market held in an open area or within a structure where groups of individual sellers offer goods for sale to the public.

b.

Swap meet vendor. A vendor shall be defined as an individual or group who engages in the retail sale of goods at a swap meet, each being charged a display fee.

c.

Swap meet operator. An operator shall be defined as a person, family, association or other business entity that promotes or authorizes the operation of a swap meet on their property, or on property they rent, lease or otherwise control.

4.

Permit and fees.

a.

No person shall operate the business of renting space or allocating space to swap meet vendors without first obtaining the necessary permits as described in this section. The swap meet operator shall pay any and all additional fees, assessments or costs related to the project, which are levied or required by any and all public agencies.

b.

Those who sell new or used merchandise in California, including handicrafts, are generally required to hold a seller's permit (BOE-410-D or BOE-400-SPA) issued by the Board of Equalization. The swap meet vendor shall prominently display all licenses and permits. The swap meet operator shall keep accurate records of the names and addresses of each swap meet vendor and a brief description of the type or types of merchandise offered for sale by that seller.

5.

Permitted zone district. Swap meets are prohibited in any zone district except for General Commercial (GC), Industrial (I) and Community Retail Commercial (CRC).

6.

Conditional use permit required. Swap meet shall be subject to approval of a Conditional Use Permit. The Conditional Use Permit will allow for consideration by the Planning Commission of a swap meets location with respect to surrounding properties.

7.

Sign regulations. Event signage will be allowed with a valid sign permit on swap meet premises for the purpose of advertisement. Signs are subject to provisions of the City of Delano's Zoning Ordinance section 20.14.60 (Flags, Pennants and Banners).

8.

Parking requirements.

a.

Parking shall be provided at the ratio of one and one-half parking spaces per vendor's stall. Vendors are permitted to park their vehicles in vendor stalls that are large enough.

b.

The swap meet operator shall provide adequate parking and shall not unreasonably impair public safety or cause traffic congestion on public rights-of-way.

9.

General regulations.

a.

The swap meet shall be established and maintained at all times in compliance with all applicable Federal, State and local laws and regulations;

b.

The swap meet operator shall comply with all City ordinances, including, without limitation, the City's Zoning Ordinance;

c.

All dirt areas shall be treated with paving, chip sealing, gravel or other surfacing to reduce dust;

d.

Operational hours of the swap meet shall be limited to Saturdays and Sundays only, with hours no earlier than 7:00 a.m. and no later than 3:00 p.m. and maximum operational duration of eight hours. Set-up time shall be limited to one hour before operating time and clean-up shall be limited to one hour after closing time;

e.

No person under the age of eighteen shall be permitted to sell goods or work as a swap meet vendor unless supervised at all times by an adult;

f.

Vendors shall be responsible for the proper disposal of waste and any excess retail items;

g.

Vendors shall be responsible for providing their own display materials (e.g., tables, chairs, etc.);

h.

All merchandise and advertising signs shall be kept within vendor's display areas as indicated by separating poles or lines. No displays are allowed in any area designated for parking or for access ways;

i.

Smoking is prohibited on swap meet premises;

j.

The swap meet operator and property owner shall be liable for the safety and security of swap meet vendors and customers;

k.

No food shall be sold at a swap meet unless the appropriate license has been obtained through the Kern County Environmental Health Services Department;

l.

All vendors shall obtain a City of Delano Business License.

10.

The following items are prohibited for sale or purchase at a swap meet:

a.

Firearms, ammunitions, fireworks, popping caps, dynamite, or any other explosive material;

b.

Wild animals including, but not limited to, poisonous snakes, large cats (tigers, lions, etc.);

c.

Any books or other materials that may be considered pornographic;

d.

Illegal, pirated or stolen items;

e.

Alcoholic products and beverages.

(Ord. No. 2009-1204, § 1(Exh. A), 10-19-2009)