Secondhand GoodsSwap Meets, Flea Markets, and Open-air Markets
Section § 21660
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.
Section § 21661
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.
Section § 21662
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.
Section § 21663
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.
Section § 21663.1
Section § 21664
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.
Section § 21665
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.
Section § 21666
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.
Section § 21667
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.
Section § 21668
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.
Section § 21669
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.
Section § 21669.1
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.