Section § 21660

Explanation

This law is all about making sure that swap meets, flea markets, and open-air markets follow the rules when it comes to selling and displaying items. It requires vendors at these markets to report on the personal property they sell or display. This applies to merchandise that's either new or used, but there are some specific exemptions outlined. Also, local laws can't override this law, but it doesn't interfere with local zoning or land use rules, meaning if a city doesn't allow these markets, that's fine. Plus, transactions in these markets aren't covered by other rules meant for secondhand dealers, so they don't have to worry about being labeled as such.

It is the intent of the Legislature in enacting this article to require the reporting of personal property exchanged, sold, or offered for sale or exchange at swap meets, flea markets, and open-air markets, and information regarding vendors selling or displaying new merchandise, for the purpose of ensuring that swap meet, open-air market, and flea market operators and vendors are in complete compliance with all state laws and regulations applicable to displaying, offering for sale, selling, and exchanging new and previously owned merchandise.
This article shall apply to operators and vendors at swap meets, flea markets, and open-air markets unless the merchandise or the transaction is specifically exempt under this article and shall not be superseded or supplanted by any provisions or ordinances or charters of any city, county, or city and county, nor supplemented by any local ordinances or charters or provisions. Nothing contained in this article shall be deemed to affect the land use and zoning regulatory power of a local agency, nor be construed to require any local agency to permit swap meets, flea markets, or open-air markets if local land use or zoning regulations prohibit those operations.
Any transaction that is regulated by this article shall not be subject to the provisions of Article 4 (commencing with Section 21625), regulating transactions in identifiable secondhand tangible personal property. No person, partnership, or corporation shall be considered a “secondhand dealer” within the meaning of Section 21626 because of activities regulated by this article.
Article 5 (commencing with Section 21650) of this chapter shall not apply to operators or vendors at swap meets, flea markets, or open-air markets.

Section § 21661

Explanation

This law describes what a "swap meet" is, including flea markets and open-air markets, where multiple people sell or exchange items. It lays out conditions for when an event is considered a swap meet, such as charging fees for selling items or being held more than six times a year. The law also applies to both indoor and outdoor markets and defines the roles of "operators" and "vendors." Vendors are categorized based on how often they participate: "casual" for twice a year or less, and "regular" for three or more times a year.

(a)CA Business & Professions Code § 21661(a) As used in this article, the term “swap meet” includes a flea market or an open-air market and means an event at which two or more persons offer merchandise for sale or exchange and that meets one of the following conditions:
(1)CA Business & Professions Code § 21661(a)(1) A fee is charged for the privilege of offering or displaying merchandise for sale or exchange.
(2)CA Business & Professions Code § 21661(a)(2) A fee is charged to prospective buyers for parking or for admission to the area where merchandise is offered or displayed for sale or exchange.
(3)CA Business & Professions Code § 21661(a)(3) The event is held more than six times in any 12-month period.
(b)CA Business & Professions Code § 21661(b) Notwithstanding subdivision (a), the term “swap meet,” as used in this article, includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period.
(c)CA Business & Professions Code § 21661(c) The term “swap meet,” as used in this article, is interchangeable and applicable to “flea markets,” “indoor swap meets,” “open-air markets,” or other similar terms, regardless of whether these events are held either inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business.
(d)CA Business & Professions Code § 21661(d) “Operator,” as used in this article, means any person, partnership, organization or corporation that controls, manages, conducts or otherwise administers a swap meet.
(e)CA Business & Professions Code § 21661(e) “Vendor,” as used in this article, means any person, partnership, organization or corporation who exchanges, sells, or offers for sale or exchange any merchandise at a swap meet. A swap meet vendor shall be classified according to the following categories:
(1)CA Business & Professions Code § 21661(e)(1) A “casual swap meet vendor” means a vendor who participates in a swap meet two times or less per year.
(2)CA Business & Professions Code § 21661(e)(2) A “regular swap meet vendor” means a vendor who participates in a swap meet three or more times per year.

Section § 21662

Explanation

This law section outlines specific situations where certain rules don't apply. It says that the rules don't cover events held twice a year or less if they solely benefit charities, religious groups, or similar organizations, as long as no profit goes to individuals involved. It also doesn't apply to events selling only new merchandise by manufacturers or licensed merchants, or to sales involving old vehicles, vehicle parts, and memorabilia that are eligible for special vehicle registration.

The provisions of this article shall not apply to:
(a)CA Business & Professions Code § 21662(a) An event held not more than two times per calendar year that is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, hospital, or charitable purposes, if no part of any admission fee or parking fee charged vendors or prospective purchasers, or the gross receipts or net earnings from the sale or exchange of merchandise, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event.
(b)CA Business & Professions Code § 21662(b) An event at which all of the merchandise offered or displayed is new, and all persons selling, exchanging, offering, or displaying merchandise for sale or exchange are manufacturers or licensed retail or wholesale merchants.
(c)CA Business & Professions Code § 21662(c) Any vehicle or trailer or any vehicle accessory or vehicle part usable for a motor vehicle eligible for vehicle registration under Section 5004 of the Vehicle Code, and items of memorabilia or history, or both, relating to these vehicles.

Section § 21663

Explanation

This law requires vendors at swap meets to report detailed information about the items they are selling. They must complete a form prescribed by the California Department of Justice, which includes their personal details, descriptions of the merchandise, vehicle information used for transport, and any tax permit numbers. If they don't have a tax permit, vendors must state they don't plan to sell enough to need one. The law also states that swap meet owners are not responsible for verifying the vendors' information. The facts can be kept on paper or electronically.

(a)CA Business & Professions Code § 21663(a) Except as provided in Section 21663.1, every vendor shall report all merchandise offered or displayed for sale or exchange on a form, prescribed or approved by the California Department of Justice, containing all the following information:
(1)CA Business & Professions Code § 21663(a)(1) The name and address of the vendor.
(2)CA Business & Professions Code § 21663(a)(2) A description of the merchandise offered for sale or exchange, including serial numbers and personal identification marks, or if there is no serial number, other identification marks or symbols, if any, or a general description of the item.
(3)CA Business & Professions Code § 21663(a)(3) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(4)CA Business & Professions Code § 21663(a)(4) The make, year, color, state of registration, and license number of the vehicle or vehicles in which the merchandise is transported to the swap meet.
(5)CA Business & Professions Code § 21663(a)(5) The California seller’s permit number (State Board of Equalization sales tax number), if any, of the vendor.
(6)CA Business & Professions Code § 21663(a)(6) The vendor’s motor vehicle driver’s license number and its state of issuance or California identification card numbers.
(7)CA Business & Professions Code § 21663(a)(7) If the vendor is an agent of an individual, company, partnership or corporation, the name and business address of the principal.
(8)CA Business & Professions Code § 21663(a)(8) The dates of sale for which the report is made.
(9)CA Business & Professions Code § 21663(a)(9) A receipt number given by the operator for the dates of the sale or the space used by the vendor.
(10)CA Business & Professions Code § 21663(a)(10) A requirement that the vendor check an appropriate box that sets forth his or her permit number for sales tax purposes.
If the vendor’s permit number is not listed in the appropriate place on the form, the vendor shall indicate that he or she has not and does not contemplate making more than two sales of sufficient size, scope, and character within a 12-month period to require a permit.
(b)CA Business & Professions Code § 21663(b) In addition to the official governmental form, consisting of an original and at least two copies, the information required may be recorded on a computerized or other similar record that contains the same information required by subdivision (a).
(c)CA Business & Professions Code § 21663(c) In no case shall a swap meet owner or operator be liable or responsible for the accuracy of, or any discrepancy in, any information submitted by the vendors on the forms provided to them by the swap meet owners or operators.

Section § 21663.1

Explanation
If you're a vendor selling new items or have a local business license in California, you don't have to follow a certain law if you're selling at a swap meet held at least monthly at a location owned or long-leased by the swap meet organizer. You must provide the organizer your name, address, sales tax number, driver's license number, and business license details, unless you're using the organizer's license. The organizer needs to keep this information for six months and show it to authorities if asked but isn't responsible for any mistakes you make in your information.
(a)CA Business & Professions Code § 21663.1(a) A vendor selling or displaying new merchandise and a vendor holding a business license issued by a city, county, or city and county of this state are not required to comply with Section 21633 if the swap meet is conducted at the same location at least once per month on real property owned by the operator or leased to the operator for a period of not less than one year.
(b)CA Business & Professions Code § 21663.1(b) A vendor meeting the conditions of subdivision (a) shall, at a minimum, provide the operator with the following information prior to offering or displaying merchandise for sale at the event:
(1)CA Business & Professions Code § 21663.1(b)(1) The name and address of the vendor.
(2)CA Business & Professions Code § 21663.1(b)(2) The vendor’s California seller’s permit number (State Board of Equalization sales tax number).
(3)CA Business & Professions Code § 21663.1(b)(3) The vendor’s motor vehicle driver’s license number and its state of issuance or his or her California identification card number.
(4)CA Business & Professions Code § 21663.1(b)(4) The vendor’s business license number and its city or county of issuance, unless the vendor is operating under a business license issued to the operator.
(c)CA Business & Professions Code § 21663.1(c) The operator shall maintain the information required by this section in written or electronic form for six months after the date of its receipt and shall make copies of the information available for inspection, upon request, to any peace officer or any authorized representative of the Board of Equalization or Department of Justice.
(d)CA Business & Professions Code § 21663.1(d) In no case shall the operator be liable for the accuracy of, or any discrepancy in, any information submitted by a vendor.

Section § 21664

Explanation

This law requires swap meet operators to provide vendors with forms from the Department of Justice, which vendors must fill out and submit detailing the items they plan to sell. Vendors have to give these completed forms to the swap meet operator by the end of the business day. The swap meet operator then shares these forms with local police or the sheriff within 24 hours to help track stolen goods and detect sales tax evasion. Regular vendors, who take part in swap meets frequently, only need to submit forms every 60 days or every six months if they have a long-term agreement, unless they are selling items not listed before. Casual vendors need to submit forms each time they sell. These reports are for preventing crime and tax evasion, not for creating ownership records.

(a)CA Business & Professions Code § 21664(a) The swap meet operator shall obtain sufficient blank forms from the Department of Justice at a cost not to exceed the actual cost to the department, or shall cause to be printed and be available sufficient forms approved by the department, for the use of vendors attending the swap meet, and shall distribute them to vendors as needed. The vendor shall submit the completed form to the operator who shall note on the vendor’s copy that the vendor has submitted the form. The vendor shall submit the form to the swap meet operator prior to the close of the business day on which the item is to be placed on sale. The swap meet operator shall provide this form required by subdivision (a) of Section 21663 to the chief of police, if the swap meet occurs within the territorial limits of an incorporated city, or the sheriff, if the swap meet occurs outside a city, within 24 hours, or, before the end of the first working day following the swap meet. The original shall also be available to the State Board of Equalization to permit them to detect possible sales tax evasion. The reports shall not be utilized by a chief of police, a sheriff, the Department of Justice, or any other governmental agency for the purpose of providing a permanent record of property ownership, nor shall the information derived from these reports form the basis for any record other than reports which assist in tracing and recovering of stolen property or assist in detecting sales tax evasion.
(b)CA Business & Professions Code § 21664(b) Every vendor shall submit to the swap meet operator the form disclosing the information required by subdivision (a) of Section 21663 for each swap meet at which he or she is a vendor prior to the close of the business day at which the item is to be placed on sale. Items described in reports previously submitted pursuant to paragraph (2) of subdivision (a) of Section 21663 may be omitted from the description on the forms submitted at subsequent swap meets if the vendor furnishes the swap meet operator of each subsequent swap meet with two copies of the report previously submitted, marked to indicate personal property currently being offered or displayed.
(c)CA Business & Professions Code § 21664(c) A vendor who regularly offers or displays for sale or exchange any new or used personal property or merchandise shall be required to submit to the swap meet operator the form disclosing the information required by subdivision (a) of Section 21663 only once every 60 days. The vendor shall, however, submit a new report at any swap meet at which he or she is a vendor and offers or displays for sale or exchange any personal property not included by generic classification in the previously submitted report. For purposes of this subdivision, a vendor shall be deemed to regularly offer or display for sale or exchange any items of merchandise if such vendor participates for four or more days in a month at a swap meet conducted at the same location. Any vendor claiming to be a regular seller of new or used merchandise under the provisions of this subdivision shall so indicate on the bimonthly report.
(d)CA Business & Professions Code § 21664(d) Every vendor shall submit to the swap meet operator the form disclosing the information required by subdivision (a) of Section 21663 for each swap meet at which he or she is a vendor prior to the business day on which the item is to be placed on sale. A vendor who regularly offers or displays merchandise for sale or exchange shall be required to submit to the swap meet operator the form disclosing the information required by subdivision (a) of Section 21663 only once every six months, provided the vendor has a written agreement with the swap meet operator for a periodic term of one month or longer. All other casual vendors shall submit the form disclosing the information required by subdivision (a) of Section 21663 on each instance of offering merchandise for sale or exchange at the swap meet.

Section § 21665

Explanation

If you run a swap meet, you have to keep a copy of the reports you collect for six months and let certain law enforcement officers check them if they ask. Vendors at swap meets need to have a copy of a report describing what they're selling, ready to show during the event.

(a)CA Business & Professions Code § 21665(a) Swap meet operators shall retain a copy of the reports collected by them for six months and shall make the copies available for inspection, upon request, by a peace officer as defined in Section 830.1 or subdivision (a) of Section 830.3 of the Penal Code, or a peace officer of the Department of the California Highway Patrol as defined in subdivision (a) of Section 830.2 of the Penal Code, when the swap meet occurs on state property, or properly identified representatives of the State Board of Equalization or Department of Justice.
(b)CA Business & Professions Code § 21665(b) Vendors shall have available for inspection during the swap meet a completed copy of the report form which was submitted to the swap meet operator describing the goods offered or displayed for sale or exchange at the swap meet.

Section § 21666

Explanation

This law requires vendors at swap meets to provide a receipt with their name and address for any item bought for more than $15. Additionally, vendors can't sell items that the swap meet operator has banned. The swap meet owner must clearly let vendors know which items are prohibited, either by posting signs or giving written notices, and must place a sign at the entrance telling vendors to provide receipts as required.

(a)CA Business & Professions Code § 21666(a)  Upon request, a vendor shall provide the purchaser a written receipt disclosing the vendor’s name and address for any items purchased which has a selling price in excess of fifteen dollars ($15).
(b)CA Business & Professions Code § 21666(b) No vendor shall offer or display at a swap meet any new or used personal property or merchandise of a kind which the swap meet operator has expressly prohibited. Every swap meet owner shall post or display in prominent places at the swap meet, or give written notice to every vendor prior to the commencement of a swap meet of the kinds of personal property or merchandise which may be not offered for sale or exchange. The swap meet owner or operator shall also post a sign at the main entrance of the swap meet which states that vendors are required to issue receipts in accordance with subdivision (a).

Section § 21667

Explanation

If you break any rule in this article, other than a specific part mentioned in another section, you could face a misdemeanor charge. This might lead to up to six months in jail or fines. The fines start at $50 for your first offense, $100 for the second, and $200 for the third and any later offenses.

A violation of any provision of this article, except subdivision (b) of Section 21666, is a misdemeanor and may be punishable by up to six months in county jail, a fine of fifty dollars ($50) for the first violation, one hundred dollars ($100) for the second violation, and two hundred dollars ($200) for the third and subsequent violations.

Section § 21668

Explanation

This law allows a city's police chief or an area's sheriff to waive specific rules for swap meet organizers and vendors if they decide it's not needed for public interest. If a swap meet is in both a city and an area outside it, the city's police chief has the authority to grant these waivers.

A chief of police of a city or the sheriff of an area outside of the city may waive any requirement of this article for swap meet operators and vendors in the city or area outside of the city if the chief of police or sheriff determines it is not necessary or appropriate in the public interest to impose the requirement. If the swap meet is located in both the city and area outside of the city, the chief of police of the city has the authority to grant the waiver authorized by this section.

Section § 21669

Explanation

If you want to run a swap meet on government-owned land in California more than once a year, there are a few rules you need to follow. You must have a business license and, if necessary, a California seller's permit. You also need insurance that covers at least $2 million, naming the government entity as insured, plus a contract agreeing to take responsibility for any problems that arise. Finally, you have to follow other rules specific to swap meets. Government entities are not allowed to compete with private swap meet businesses unless they follow similar rules.

(a)CA Business & Professions Code § 21669(a) All swap meets which are conducted two or more times per calendar year on any premises or property owned or leased by any city, county, city and county, state, or any other local governmental agency, entity, or board, shall comply with all of the following procedures:
(1)CA Business & Professions Code § 21669(a)(1) The swap meet operator shall have a valid business license.
(2)CA Business & Professions Code § 21669(a)(2) The swap meet operator shall have a valid California seller’s permit number (State Board of Equalization sales tax number), if applicable.
(3)CA Business & Professions Code § 21669(a)(3) The swap meet operator shall provide the state or local governmental entities described in this subdivision upon whose property the swap meet is being held, a certificate of insurance certifying that the swap meet operator maintains public liability and property damage insurance for the operation of the swap meet of at least two million dollars ($2,000,000), and that the policy names that governmental entity as an additional insured under the policy.
(4)CA Business & Professions Code § 21669(a)(4) The swap meet operator shall provide the state or local governmental entity a hold harmless and idemnification agreement for his or her operation of the swap meet and activities and acts arising from that swap meet.
(5)CA Business & Professions Code § 21669(a)(5) The swap meet operator shall comply with all other provisions of this article relating to swap meets.
(b)CA Business & Professions Code § 21669(b) State or local governmental entities shall not operate or manage a swap meet for profit in direct competition to a private enterprise, unless they comply with subdivision (a) of Section 21662.

Section § 21669.1

Explanation

This law requires swap meets held on government property with large crowds to provide specific documentation and assurances. The operator must disclose ownership details, certify that major investors have no dishonesty-related criminal convictions, show financial capability, confirm they aren't behind on government payments or laws, have a track record of managing large swap meets, and present a comprehensive operations plan covering security, crowd control, sanitation, and emergency response.

In addition to the requirements specified in subdivision (a) of Section 21669, all swap meets conducted on the premises or property of a state or local governmental entity that has or expects to have an average daily attendance of 10,000 or more persons shall provide all of the following:
(a)CA Business & Professions Code § 21669.1(a) A statement of ownership, including the identity of individuals holding a financial interest of 5 percent or more.
(b)CA Business & Professions Code § 21669.1(b) A sworn statement that no individuals who have a financial interest of 5 percent or more in the swap meet have been convicted of any crime involving dishonesty or moral turpitude.
(c)CA Business & Professions Code § 21669.1(c) A financial statement showing the operator’s financial capability to operate a major swap meet and to meet any financial obligations to the lessor and subcontractors.
(d)CA Business & Professions Code § 21669.1(d) A statement that the operator is not knowingly delinquent in any payments owed to a state or local governmental entity and that he or she is not knowingly in violation of any state or local law or ordinance related to public health or safety standards.
(e)CA Business & Professions Code § 21669.1(e) Evidence that the operator has a minimum of five years of experience in the management and operation of a swap meet for profit with an average daily attendance of 5,000 or more.
(f)CA Business & Professions Code § 21669.1(f) A plan for operations, including security, crowd control, sanitation, and emergency medical response.