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4191FOLLOWS: ORDINANCE NO. 4191 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 3.78 TO TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SWAP MEETS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Chapter 3.78 be, and the same is hereby, added to Title 3 of the Anaheim Municipal Code, to read as follows: "CHAPTER 3.78 SWAP MEETS SECTION 3.78.010 DEFINITIONS. As used in this Section, the following words, terms or phrases shall have the meaning hereinafter set forth: .010 Swap Meet. Any event which meets all of the following requirements: .0101 The place or location at which the event is held has been advertised by any means what- soever as a place or location to which members of the public, during a specified period of time, may bring identifiable, tangible property and exhibit the same for sale or exchange. .0102 A fee is charged, 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 property at such event. .020 Swap Meet Exhibitor. Any person exhibiting, displaying, selling, exchanging, offering for sale or exchange any property at a swap meet. .030 Swap Meet Operator. Any person conducting or operating the business of a swap meet on any premises in the City excluding, however, swap meet exhibitors. -1- SECTION 3.78.020 FEES. .010 Every person engaged in the business of swap meet operator shall pay an annual license fee of one hundred dollars ($100.00). .020 Each swap meet exhibitor par- ticipating in a swap meet shall pay a fee in the amount of fifty cents ($ .50) per swap meet stall per day. Where two or more swap meet exhibitors share a single stall, each such exhibitor shall pay a separate daily stall fee. Such fee shall constitute a debt owed by the swap meet exhibitor to the City and shall be extinguished only by payment to the swap meet operator. The swap meet exhibitor shall pay the fee to the swap meet operator at the time and on each day the swap meet exhibitor participates in the swap meet. Any unpaid fee shall be paid upon the termination of the swap meet exhibitor's participation in the specific swap meet. Each swap meet operator shall collect the fee imposed by the provisions of this Section to the same extent and at the same time as any other fees are collected from every swap meet exhibitor. The amount of the fee shall be separately stated from any other moneys collected by the swap meet operator. The fee shall be in addition to any other license fee required by this title. .030 On or before the tenth day of the month following the close of the calendar month, each swap meet operator shall file a return with the License Collector showing the total amount of the fees collected under this Section and such other information as may be required by the License Collector. At the time the return is filed, the swap meet operator shall remit the full amount of the fees collected to the License Collector. Returns and payments shall be due immediately upon cessation of business by the swap meet operator for any reason. .040 Every swap meet operator shall hold all fees collected under this Section in trust for the account of the City until payment thereof is made to the License Collector. Any swap meet operator who fails to remit the fees within the time specified shall pay a penalty of ten percent (10%) for each month said payment is overdue." -2- SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chap- ter of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 18th daX of November, 1980. ATTEST: CITY CLERK OF TIN—CITY OF ANAHEIM FAL,JR:fm -3- OF THE—CLOY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4191 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of November, 1980, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of November, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Overholt ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4191 on the 18th day of November, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of November, 1980. CITY CLERK OF THE CITY ANAHEIM (SEAL) a I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4191 and was published once in the Anaheim Bulletin on the 28th day of November, 1980. CITY CL