(a) Definitions. As used in this article:
1. “SECONDHAND DEALER” means a person engaging in, conducting, managing, or carrying on the business of buying, selling, or otherwise dealing in secondhand or rebuilt or reconditioned goods, wares and merchandise. The term does not include secondhand dealer-jewelry, or persons holding permits as auto wreckers or used car dealers or secondhand book dealers. The acceptance, sale or disposal of used automobile tires or automobile batteries taken in part payment for new tires or batteries shall not be deemed to constitute the doing of the business of a secondhand dealer.
2. “SECONDHAND DEALER – JEWELRY” means a person engaging in, conducting, managing or carrying on the business of buying, selling, or otherwise dealing in secondhand jewelry, precious and semi-precious stones and metals and imitations thereof, watches, rings, bracelets, and other similar goods, wares and merchandise.
(b) Permit Required. No person shall engage in, manage, conduct or carry on the business of a secondhand dealer or a secondhand dealer-jewelry without a written permit from the Board.
(c) Change of Location. A change of location may be endorsed on a permit by the Board upon written application by the permittee accompanied by the change of location fee prescribed in Section 103.12.
(d) Permittee, Responsible for Conduct of Premises. It shall be the duty of permittee to see that no secondhand goods are sold or purchased by the permittee’s agent or any other person in or upon the permittee’s premises or location other than in the course of permittee’s business.
(e) Advertising Restrictions. No permittee shall advertise any goods for sale when such goods are not actually for sale at the premises at the time the advertisement is inserted in the newspaper or medium.
Within 24 hours after the sale of any goods that have been advertised for sale, the permittee shall withdraw or cancel any advertisement relative to such goods.
(f) Hold-Order. A police officer may place a hold- order upon property acquired by the permittee in the course of the permittee’s business, for a period of 90 days, and upon release of such property, may require the permittee to keep a record of the disposition of such property. It shall be unlawful for any person to dispose of any property contrary to any hold-order issued by a police officer.
(g) Holding Period. Property acquired in the course of permittee’s business shall be reported and held for such period of time as is fixed by rule and regulation of the Board.
(h) Violation. No permittee shall clean, alter, repair or otherwise change the appearance, melt, destroy, sell, export or otherwise dispose of any article, goods, wares, merchandise, waste materials, junk or things obtained in the course of the permittee’s business until such articles have been held for the period required by the Board.
(i) Exemption. (Added by Ord. No. 158,621, Eff. 2/20/84.) Any person engaging in, conducting, managing, selling, exchanging, displaying or offering for sale or exchange, secondhand personal property at a swap meet is exempt from Subsections (a) through (h), inclusive, of this section, and any rules and regulations promulgated by the Board pursuant to said subsections, but is subject to the following provisions and conditions:
1. Definitions. As used in this subsection:
a. “Swap Meet” means any event where secondhand goods are offered or displayed for sale or exchange and
(1) A fee is charged for the privilege of offering or displaying secondhand goods for sale or exchange; or
(2) A fee is charged to prospective buyers for admission to the area where secondhand goods are offered or displayed for sale or exchange.
b. “Swap Meet Operator” means any individual, partnership, corporation, business association or other person or entity which sponsors, controls, manages or otherwise conducts a swap meet.
c. “Swap Meet Vendor” means any individual, partnership, corporation, business association or other person or entity which sells, exchanges, displays, or offers for sale or exchange, any secondhand goods at a swap meet.
2. Permit Required. No person or entity shall operate a swap meet without a written permit from the Board, except that a permit shall not be required for any event sponsored by and for the exclusive benefit of any community chest, fund, foundation, association or corporation organized and operated solely for religious or charitable purposes provided that no portion of any admission fee charged swap meet vendors or prospective purchasers, or the receipts from the sale or exchange of new or secondhand goods, inures to the benefit of any shareholder, officer, employee, person or entity organizing, sponsoring or conducting such event.
a. No permit shall be issued which will permit the sale or display of firearms, flammables, and hash pipes or other manipulative instruments relating to the use or consumption of drugs or their derivatives.
b. No permit shall be issued unless the swap meet operator has first obtained a business tax registration certificate.
c. No permit shall be issued for a swap meet requiring a conditional use pursuant to Section 12.24 of this Code until such conditional use has been obtained.
d. When the Board has determined that the cost of police investigation services will be increased because of the operation of a swap meet, the Board may require the swap meet operator 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 swap meet, or up to a maximum of 16 hours per day of swap meet operation, plus 23.1% of such amount for administrative costs. The swap meet operator shall pay the amount due to the Office of Finance within 30 days after the bill is mailed to the swap meet operator by the Board. (Amended by Ord. No. 173,300, Eff. 6/30/00, Oper. 7/1/00.)
e. A permit shall be issued, denied or revoked pursuant to the provisions of this chapter; however, the Board shall place no other conditions on the operation of a swap meet permitted pursuant to Section 12.24 of this Code other than those permitted by this subsection.
f. Each swap meet operator, prior to each swap meet, shall verify to the Police Department that each swap meet vendor has consented to an inspection by a police officer of all goods under such vendor’s control at the swap meet before permitting such vendor to participate in the swap meet. Failure on the part of the swap meet operator to verify the above information is grounds for the Police Department to close the swap meet. (Added by Ord. No. 161,524, Eff. 8/17/86.)