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Sec. 8-251. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Flea market operation means any facility where activities take place commonly known as, but not limited to swap shops, penny markets and where tangible articles are bought, sold or exchanged.
Flea market operator means any person who owns or controls the premises at which the activity defined as a flea market operation is conducted.
Flea market vendor means any person, firm or corporation who engages in or conducts the activity of buying, selling or exchanging, whether on a casual or regular basis, any tangible articles, whether new, secondhand or used, in any facility described in the definition of flea market operation.
(Rev. Ords. 1987, § 8-184(a)—(c))
Cross reference— Definitions generally, § 1-2.
Sec. 8-252. - Permit required.#
It shall be unlawful for any flea market operator to operate unless a permit shall be applied for, granted and in existence, all in compliance with the provisions of this article and with sections 8-201 and 8-204.
(Rev. Ords. 1987, § 8-184(d))
Sec. 8-253. - Vendor's record of inventory and employees.#
Every flea market vendor in the city shall provide the flea market operator with a record of inventory of articles (other than used wearing apparel) to be offered for sale or exchange prior to offering them for sale or exchange at the flea market operation. Such record of inventory shall be legibly written in the English language, either in ink or typewritten, and shall include a description of such tangible articles making up the inventory that can be specifically described by serial number, model number, brand name, personalized initials or personalized inscription or which bear evidence of having had a serial number, model number, brand name, personalized initials or personalized inscription. If any such articles have been acquired by the flea market vendor within a period of 60 days prior to the date of proposed sale, the inventory shall also include the identity by name and address of the person from whom such articles were received and the date such articles were received. Every vendor shall also complete a form indicating the real name of the person conducting the activity, any fictitious name under which the activity is being conducted and the name of all employees whether paid or not. The record forms required by this section will be those furnished by the police department of the city.
(Rev. Ords. 1987, § 8-184(e))
Sec. 8-254. - Inspection of record of inventory and employees.#
The record of inventory and employees required by section 8-253 shall be made available by the flea market operator at any time after receipt thereof from the flea market vendor. The police department shall also have the right to thoroughly inspect the premises where the activity is being conducted, at any time during normal hours, to compare the entry kept in the record of inventory and employees with the articles and employees located on such premises. All persons in charge of such premises shall render to the police department such assistance as may reasonably be necessary to enable it to complete such an inspection.
(Rev. Ords. 1987, § 8-184(f))
Sec. 8-255. - Duties and responsibilities of operator.#
It shall be the duty of every flea market operator to see that all vendors using the flea market operation are advised of the reporting requirements of this article. The flea market operator will also be responsible for seeing that each vendor receives the forms prescribed by the police department for recording inventory and employees, and that each vendor is advised that such record of inventory and employees is to be returned properly filled out to the operator prior to offering any articles for sale or exchange in the flea market operation. The operator will make such completed forms available to the police department on demand. The operator shall not allow any vendor to sell or exchange articles unless the records requested in section 8-253 have been provided to such operator. Failure to perform the above stated duties and responsibilities by the flea market operator will be grounds for permit revocation or suspension.
(Rev. Ords. 1987, § 8-184(g))
Sec. 8-256. - Merchandise to be held or impounded.#
Articles may be disposed of, provided there has been compliance with the provisions of section 8-253. Articles which the police department have reasonable grounds to believe were stolen may be impounded or left with the vendor under a hold order at the discretion of any member of the city police department. An article may be impounded or held under a hold order by the city police department for a period of 30 days pending investigation as to the ownership of the article. It shall be unlawful for any flea market vendor to dispose of any property contrary to any hold order issued by a member of the police department.
(Rev. Ords. 1987, § 8-184(h))
Sec. 8-257. - Receipt of goods from minors by vendors.#
It shall be unlawful for any person operating as a flea market vendor, or for any employee or agent thereof, to receive any articles by purchase or otherwise from any minor with the intent to sell or exchange such articles at a flea market operation.
(Rev. Ords. 1987, § 8-184(i))
Sec. 8-258. - Exceptions.#
Religious, benevolent, charitable and civic organizations operating as nonprofit flea market vendors shall be exempt from the provisions of this article, provided that all articles presented for sale or exchange have been donated.
(Rev. Ords. 1987, § 8-184(j))
Sec. 8-259. - Penalty for false statements and failure to make report.#
Any person who fails to make a report required by this article or who makes a false statement in any report required by this article is guilty of a misdemeanor.
(Rev. Ords. 1987, § 8-184(k))