§ 17.44.190  INDOOR SWAP MEETS.
   (A)   Indoor swap meets may be operated in the M and selected PD zones, if a conditional use permit is issued. Indoor swap meet uses are prohibited in all other zones.
   (B)   Submittal of plans.  The applicant shall submit a floor plan of the proposed indoor swap meet showing the number, size, location and design of lease space, aisle widths, access points, location of rest rooms, merchandise loading doors, and any other pertinent information required by the city. The applicant shall also submit a sign plan or identification of individual vendor spaces.
   (C)   Interior design control.  The location and design of the lease areas, aisle widths, access points, and other aspects of the interior design shall meet city and state fire and building code requirements. The lease spaces shall not be less than ten feet by ten feet with minimum aisle widths to be determined by the Fire Department and Development Review Committee.
      (1)   There shall be overall design consistency for the interior of the indoor swap meet. Colored elevations showing the colors, textures, and materials for all common areas, vendor areas, and aisles shall be approved by the Development Review Committee. The lease spaces shall be constructed from  a uniform material approved by the Development Review Committee with individual pre-wired electrical boxes provided. All walls, ceilings and floors in lobbies, vendors spaces, and aisle areas shall be freshly painted or sandblasted, of new material, or otherwise in a newly finished condition prior to occupancy. All stall spaces shall have permanently mounted fixtures.
      (2)   Separate rest rooms for men and women shall be provided on the premises inside the building and shall be open to the public free of charge. Maintenance during opening hours shall be provided for continuous clean-up of the rest rooms, snack bar areas, and aisles.
   (D)   Parking.  Indoor swap meets shall comply with all of the following parking requirements:
      (1)   The standard parking requirement set forth in this code for shopping center retail uses;
      (2)   In addition to the parking requirement of division (D)(1) above, at least an extra two parking spaces per partitioned lease space;
      (3)   In addition to the parking requirements of divisions (D)(1) and (2) above, parking for swap meet management and maintenance personnel equal to 10% of customer parking.
   (E)   Merchandise loading.  A designated merchandise loading door shall be established which is not visible from the street. All unloading and loading shall take place during closing hours and the applicant shall designate specific days and hours for these tasks.
   (F)   Security.
      (1)   The Planning Commission shall determine the required number of uniformed security personnel by looking at factors which include, but are not limited to crime in the area, size of the building, interior layout of the building and number of vendors.
      (2)   The building shall be equipped with a burglar alarm. A public address system shall also be required if the Planning Commission determines after looking at factors which include, but are not limited to the size of the building and the number of vendors, that it is necessary for safety or other reasons. However, no loud speaker or sound equipment shall be used in the building which can be heard from the exterior of the building.
      (3)   The Planning Commission shall determine the required level of parking area lighting after looking at factors which include, but are not limited to crime in the area, size of parking area and other factors.
   (G)   Prohibited sales.  No outdoor sales shall be allowed, including but not limited to plants and cars. No wholesaling shall be permitted. The following items shall not be sold at an indoor swap meet:
      (1)   Firearms, ammunition, explosives, fireworks or other weaponry;
      (2)   Auto parts, oil or similar fluids, hubcaps, wheels, batteries or tires;
      (3)   Fish or any type of animals, including birds and reptiles;
      (4)   Alcoholic beverages.
   (H)   Prohibited uses.  The following items and their related activities shall not be permitted on the premises of any indoor swap meet:
      (1)   Pool or billiard tables;
      (2)   Video machines;
      (3)   Dance and entertainment areas.
   (I)   On-site manager.  After looking at factors which include, but are not limited to size of the building and number of vendors, the Planning Commission shall determine whether an on-site manager is required.
   (J)   Vendor obligations.  The applicant shall require each vendor to do as follows:
      (1)   Each vendor shall maintain a record of sales transactions with numerical sequence of receipts. The vendor shall give each customer a copy of the receipt for that transaction. The vendor shall permit inspection of such records by the city or its authorized agent.
      (2)   Each vendor shall comply at all times with California law regarding the collection of sales taxes for each sales transaction, and designate its location in the city as the point of sale for each transaction which is in whole or part negotiated at the vendor's sales area.
      (3)   Each vendor shall read and agree to comply with the conditions contained in the conditional use permit.
   (K)   Theme shopping uses.
      (1)   Definition. A THEME SHOPPING USE is where the retail uses sharing the same facility sell merchandise of the same type and characteristic, and are related in kind, including but not limited to antique malls, jewelry malls, and other uses as identified by the Development Review Committee and Planning Commission.
      (2)   Conditions.  Theme shopping uses shall be subject to the same conditions as indoor swap meets, except that a conditional use permit may be granted for a theme shopping center in the C-RS, NC, or HCD zones, as well as with a conditional use permit in the M and selected PD zones.
   (L)   Snack bars/restaurants.  After considering factors which include, but are not limited to size and location of building, available parking, interior configuration of building, and estimated crowd size, the Planning Commission shall determine whether a snack bar or restaurant may be located within the building. Based on these same factors, the Planning Commission shall also determine the type of food that can be sold, the size of the facility, the facility's location, the arrangement of seating, and other restrictions necessary to preserve the health and safety of the swap meet patrons.
(`83 Code, § 17.44.190)  (Ord. 94-03 § 6, 1994)