(Added by Ord. No. 147,883, Eff. 1/1/76.)
(a) Definitions. As used in this article.
1. “ANTIQUE SHOW” Means an occasional display-type show consisting of booths, rooms or display areas wherein antique merchandise is displayed, exhibited or offered for sale or exchange. For the purpose of this section the merchandise must be displayed, exhibited or offered for sale or exchange upon the basis, express or implied, that the value of the property, in whole or in substantial part is derived from its age or from its historical associations. For the purposes of this section, merchandise shall be considered antique because of age if it is at least 50 years old. (Amended by Ord. No. 149,484, Eff. 5/19/77.)
2. “COLLECTORS EXCHANGE SHOW” means an occasional display type show consisting of booths, rooms or display areas wherein a single, specific category of secondhand collector’s personal property, of a like or similar character, is displayed, exhibited or offered for sale or exchange to the general public or other participating collectors or exhibitors. (Added by Ord. No. 147,883, Eff. 1/2/76.)
3. “LIKE OR SIMILAR CHARACTER” means a particular identifying characteristic of specific items which places them in a class by themselves, such as dolls, electric trains, miniature furniture, chinaware, musical instruments, vases, lamps, clocks, or other similar items collected because of such similarity. (Added by Ord. No 147,833, Eff. 1/2/76.)
4. For the purposes of this section, the terms “promoter” and “exhibitor” do not include promoters of, or exhibitors at shows or events billed or conducted exclusively as “coin” and/or “stamp” shows, events or exhibits where numismatic or philatelic objects and related supplies and materials are displayed, exhibited or offered for sale or exchange. (Added by Ord. No. 149,484, Eff. 5/19/77. )
(b) Permit Required.
1. Promoter. No person shall arrange, advertise or promote an antique show or a collectors exchange show without a written permit from the Board. (Added by Ord. No. 147,883, Eff. 1/2/76.)
2. Exhibitor. For the purposes of this section, the term “exhibitor” shall mean any person who displays, exhibits or offers for sale or exchange any secondhand personal property at an antique show or at a collector’s exchange show. (Amended by Ord. No. 161,524, Eff. 8/17/86.)
3. Professional Societies. (Added by Ord. No. 156,264, Eff. 2/6/82.)
(i) Upon written application, the Board may grant to a professional society or association of bona fide collectors and to its bona fide collector members named in the application, a single event exemption from the requirements of this section in order that it may conduct an antique show or a collectors exchange show, provided that the Board is first informed and determines that the society or association:
a. holds such an event in the City of Los Angeles no more frequently than annually;
b. deals solely in, and is limiting this event to, personal property one of the types referred to in Subsections (a)1, (a)2, or (a)3 of this section;
c. has, and for the event will employ, procedures competent to prevent the exhibition, display for sale, or sale of stolen property; and
d. will amend its application not less than 7 days before the beginning of the event applied for to set forth the names of any additional members of the society or organization who are bona fide collectors who will participate in the event.
(ii) The display for sale, or sale of stolen property at any event for which there has been a grant of exemption under (i) shall cause said grant of exemption to have no further force or effect as to the collector or collectors involved.
4. The provisions of this section shall not apply to or preclude the sale of donated property wherein all the proceeds or profits from such sale are to be donated to any religious, charitable, benevolent, civic or other nonprofit organization which has a valid social services permit issued by the Police Department. (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.)
(c) Conditions of Issuance of Permits. (Amended by Ord. No. 149,484, Eff. 5/19/77.) The Board may issue permits for collector’s exchange shows and antique shows subject to the following conditions with respect to application for permits and the promoting of and participation in such shows:
1. When the Board has determined that the cost of police investigation services will be increased because of the conduct of an antique or collectors’ exchange show, the Board may require the promoter to make payment into the general fund of the City of Los Angeles an amount calculated at the current hourly rate of a Detective II for each hour of investigation on a weekday and 150% of the current hourly rate of a Detective II for each hour of investigation on a Saturday, Sunday or holiday involving the show, up to a maximum of 16 hours per day of show operation, plus 23.1% of such amount for administrative costs. The promoter shall pay the amount due to the Office of Finance within 30 days after the bill is mailed to the promoter by the Board. (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.)
2. The promoter, prior to the event, shall verify to the Police Department that all exhibitors will display only the unique type of merchandise permitted to be displayed, exhibited, or entered for sale or exchange at such show and that each exhibitor has submitted their catalog or inventory list to the Police Department, as required by this subsection, and has consented to an inspection by a police officer of all goods under such exhibitor’s control at the show before permitting any exhibitor to participate in such show. Failure on the part of the promoter to verify the above information is grounds for the Police Department to close the show or event.. (Amended by Ord. No. 161,524, Eff. 8/17/86.)
3. (None)
4. (None)
5. An antique show or collector’s exchange show shall be conducted in a building or other structure at a location which meets and complies with all current zoning, health, safety and fire regulations and standards of the laws of the State of California and ordinances of the City of Los Angeles applicable to such an operation. The promoter shall be responsible for obtaining all necessary permits and approvals under this requirement. (Amended by Ord. No. 149,484, Eff. 5/18/77.)
6. Each exhibitor shall file a written notice of intent to participate in an antique or collector’s exchange show with the promoter at least 14 days prior to the scheduled date of the show or event. The promoter shall deliver all such notices to the Board at least 14 days prior to the scheduled date of the show or event. Upon application by the promoter and the exhibitor, the Board may approve the participation of an exhibitor who has not filed an application 14 days prior to the scheduled date of the show or event if it determines that such exhibitor has failed to comply with the provisions herein for reasons beyond the exhibitor’s control and that strict application of the 14 day provision herein shall result in practical difficulties or unnecessary hardships inconsistent with the purpose and intent of that time limitation. (Amended by Ord. No. 149,484, Eff. 5/19/77.)
7. Each exhibitor shall provide the Police Department with a catalog or inventory listing all items intended to be displayed, exhibited or offered for sale or exchange at the event or show at least 7 days prior to the scheduled date thereof, except that any exhibitor whose application for participation in a show or event has been approved by the Board pursuant to the provisions of Subdivision 6 of this subsection within 7 days prior to the scheduled date thereof shall submit said catalog or inventory on the date of the Board’s approval. Each exhibitor shall make available for inspection by the Department on each day of the event or show a list of all modifications and changes to the original list. The catalog or inventory need not include items previously reported to the Department and held pursuant to departmental rules and regulations for the handling of secondhand merchandise, nor need it include items imported into the United States which are received by the exhibitor subsequent to the submission of said inventory listing, provided, however, that proof of importation must be presented to the Department upon request. Any catalog or inventory prepared for submission to the Department may, for convenience, group together or otherwise categorize items, provided that unique markings, serial numbers or other specific identifying characteristics, where available, shall be detailed and listed therein. (Amended by Ord. No. 161,524, Eff. 8/17/86.)
(d) Identification of Buyer or Recipient. Each exhibitor shall give to each buyer or recipient of any item set forth in a catalog or inventory list required by this section and sold or disposed of at the show or event, a written invoice for any sale over $5.00. The invoice shall contain a description of the article, the selling price thereof, and the name and address of the purchaser. The copies of all such invoices shall be kept by the exhibitor for 6 months after the sale or disposition and shall be available for inspection by a police officer or other representative of the Board. (Amended by Ord. No. 149,484, Eff. 5/19/77.)
(e) Mixing of Personal Property. The display, exhibition, offer, sale or exchange of dissimilar items of secondhand personal property or general merchandise shall not be allowed or permitted under this section. Such shall be governed by applicable ordinances regulating sales of secondhand goods; wares and merchandise. (Added by Ord. No. 147,883, Eff. 1/2/76.)