21660.  It is the intent of the Legislature in enacting this article
to require the statewide reporting of personal property exchanged,
sold or offered for sale or exchange at "swap meets" in a uniform
manner designed to permit the correlation of such reports with other
reports of law enforcement agencies in order to assist in tracing and
recovering stolen property and with the State Board of Equalization
to detect possible sales tax evasion.
   This article shall apply to swap meet operators and vendors, as
defined herein, unless the personal property or the transaction is
specifically exempt herein and shall not be superseded or supplanted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 such ordinances or charters
or provisions.  Nothing herein contained 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 where such
local land use or zoning regulations prohibit such operations.
   Any transaction which 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 21661
because of activities regulated by this article.
   Article 5 (commencing with Section 21650) of this chapter shall
not apply to swap meet operators and vendors.



21661.  As used in this article:
   (a) "Swap meet" means any event:
   (1) At which two or more persons offer personal property for sale
or exchange; and
   (2) At which a fee is charged for the privilege of offering or
displaying personal property for sale or exchange; or
   (3) At which a fee is charged to prospective buyers for admission
to the area where personal property is offered or displayed for sale
or exchange; or
   (4) 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.
   (5) The term "swap meet" is interchangeable and applicable to
"flea markets," "indoor swap meets," 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.
   (b) "Swap meet operator" means any person, partnership,
organization or corporation which controls, manages, conducts or
otherwise administers a swap meet.
   (c) "Vendor" means any person, partnership, organization or
corporation who  exchanges, sells, or offers for sale or exchange any
personal property at a swap meet.  A vendor shall be classified
according to the following categories:
   (1) A "casual vendor" means a vendor who participates in a swap
meet three times or less per month.
   (2) A "regular vendor" means a vendor who participates in a swap
meet four or more times per month.
   (3) A "monthly vendor" means a vendor who participates in a swap
meet under the terms of a lease of one or more months undertaken with
a swap meet operator.



21662.  The provisions of this article shall not apply to:
   (a) An event held not more than two times per calendar year which
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, provided
that 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 personal property, 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) An event at which all of the personal property offered or
displayed is new, and all persons selling, exchanging, or offering or
displaying personal property for sale or exchange are manufacturers
or licensed retail or wholesale merchants.
   (c) Any vehicle or trailer.
   (d) 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.



21663.  (a) Every vendor shall report all personal property 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) The name and address of the vendor.
   (2) A description of the personal property offered for sale or
exchange, including serial numbers and personal identification marks,
or where there is no serial number, other identification marks or
symbols, if any, or a general description of the property.
   (3) A certification by the vendor that to the vendor's knowledge
and belief, the information contained on the form is true.
   (4) The make, year, color, state of registration, and license
number of the vehicle or vehicles in which the personal property is
transported to the swap meet.
   (5) The California seller's permit number (State Board of
Equalization sales tax number), if any, of the vendor.
   (6) The vendor's motor vehicle driver's license number and its
state of issuance or California identification card numbers.
   (7) If the vendor is an agent of an individual, company,
partnership or corporation, the name and business address of the
principal.
   (8) The dates of sale for which the report is made.
   (9) A receipt number given by the swap meet operator for the dates
of the sale or the space used by the vendor.
   (10) A requirement that the vendor check an appropriate box which
sets forth the vendor's 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) 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 which contains the
same information required by subdivision (a).
   (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 swap meet vendors on the forms provided
to them by the swap meet owners or operators.



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) 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) 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) 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.


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) 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.


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) 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).



21667.  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.



21668.  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.



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) The swap meet operator shall have a valid business license.
   (2) The swap meet operator shall have a valid California seller's
permit number (State Board of Equalization sales tax number), if
applicable.
   (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) 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) The swap meet operator shall comply with all other provisions
of this article relating to swap meets.
   (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.



21669.1.  (a) 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 which
has or expects to have an average daily attendance of 10,000 or more
persons shall provide all of the following:
   (1) A statement of ownership, including the identity of
individuals holding a financial interest of 5 percent or more.
   (2) 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.
   (3) 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.
   (4) 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.
   (5) 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.
   (6) A plan for operations, including security, crowd control,
sanitation, and emergency medical response.