Sec. 10-40. Owner or operator duties; records inspection and retention.
A. The owner or operator of a swap meet shall:
1. Deliver the forms identified by Section 10-41 of this Article to each swap meet participant prior to the swap meet participant’s entry into the swap meet lot.
2. Note on the form identified by Section 10-41(A) of this Article the time of entry of each swap meet participant into the swap meet lot.
3. Require each swap meet participant to complete the forms required by, and in compliance with, Section 10-41 of this Article.
4. Require each swap meet participant to deliver the original of the reports required by Section 10-41 to the swap meet owner or operator in compliance with that section.
5. Prohibit a swap meet participant from operating on its swap meet lot who has not completed the reports as required by Section 10-41 of this Article and delivered them to the owner or operator as required by that section.
B. The reports and records identified by Sections 10-40(J) and 10-41 of this Article, all leases, licenses or other agreements entered into by the owner or operator with a swap meet participant to operate at the swap meet lot, and any owner or operator admission records shall be made available for reasonable inspection by any City of Phoenix license inspector or peace officer of this State when the business premises are lawfully occupied and during normal business hours. The reports and records required by this section, and any leases, licenses or other agreements identified by this section, shall be retained on the business premises of the owner or operator for a period of twelve months, provided that an owner or operator may deliver the reports required by Section 10-41(A) of this Article to the Phoenix Police Department at any time ninety days after the form has been completed as required by that subsection.
C. The owner or operator shall verify the information required pursuant to subsections 10-41(A) and (B) of this Article within two hours after the swap meet participant has entered the swap meet lot.
D. Verification of the full name and date of birth of the swap meet participant shall be from an unexpired driver’s license or unexpired identification license issued by any state, provided that the license includes a photograph of the licensee; an armed forces identification card; a valid unexpired government-issued passport which contains a photograph of the person and the date of birth; or an identification card issued by the Immigration and Naturalization Service of the United States Department of Justice which contains a photograph of the person and date of birth.
E. Verification of the date of entry, general description of merchandise, and signature shall be by physical observation.
F. Verification of an unexpired privilege tax account number, if provided by the swap meet participant on the form required by Section 10-41 of this Article, shall be from the original or a copy of an unexpired City of Phoenix issued license in the name of the swap meet participant.
G. The person making the physical observations required by this section shall sign his name to the form, including his printed name and the date of the observations.
H. No owner or operator shall permit a swap meet participant to remain on the swap meet lot who has failed to either complete or deliver the forms as required by Section 10-41 of this Article.
I. Subsections A, and C through H, of this section do not apply to any swap meet participant who sells exclusively new merchandise or who has a valid, unexpired regulatory license issued by the City of Phoenix for the location of the swap meet pursuant to chapter 19 of this Code.
J. The owner or operator of the swap meet shall record the name, privilege tax account number, most recent date of entry, and space occupied, of each swap meet participant permitted on the swap meet lot who sells exclusively new merchandise, and the name, regulatory license number, most recent date of entry, and space occupied, of each swap meet participant permitted on the swap meet lot who has a valid, unexpired regulatory license issued by the City of Phoenix for the location of the swap meet pursuant to chapter 19 of this Code. (Ord. No. G-743, § 1; Ord. No. G-4011, § 6, 1997; Ord. No. G-4030, § 1, 1997; Ord. No. G-4038, § 6, 1997)