HomeMy WebLinkAboutNS-2090 - Amending Sections 41-79.5 of Santa Ana Municipal Code to Clarify Definition of Indoor and Swap MeetORDINANCE NO. NS- 2090
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9/23/90
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-79.5 OF THE SANTA
ANA MUNICIPAL CODE TO CLARIFY THE DEFI-
NITION OF "INDOOR SWAP MEET."
001
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That section 41-79.5 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-79.5. Indoor swap meet.
An indoor swap meet is a store which has been intern-
ally subdivided to allow for individual sales booths which
are available for lease to individual tenants for display
of goods for sale. For purposes of this section, areas
bounded by permanent floor-to-ceiling walls or windows, in
which all entry ways are capable of being closed and
locked, shall be considered separate stores, and not
subdivisions of one store. No store in which one vendor
occupies at least eighty percent of the floor area used
for sale of goods shall be considered an indoor swap meet.
For purposes of this section, each person offering goods
for sale in a store who has a permit from the State Board
of Equalization to engage in or conduct business as a
seller at that store shall be deemed a distinct independent
vendor, and each such vendor, other than any person in
control of the use and occupancy of the store, shall be
deemed a tenant in that store.
SECTION 2: The amendment to section 41-79.5 of the Santa
Ana Municipal Code by this ordinance is intended to clarify the
previously-existing definition of "indoor swap meet" contained
in that section in accordance with past administrative interpre-
tation, and not to change the substance of that definition.
Therefore, this amendment shall not be construed to alter in any
way the status of any existing indoor swap meet, or the building
in which it is located, as a legal conforming, legal nonconform-
ing or illegal use or building, from the status it would have
in the absence of this amendment.
SECTION 3: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
002
ORDINANCE NO. NS-2~0
PAGE TWO
have adopted this ordinance and each section, subsection, sent-
ence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconsti-
tutional.
SECTION 4: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
ordinance and all rights and obligations thereunder appertain-
ing shall continue in full force and effect.
ADOPTED this 15th day of 0ct0ber , 1990.
ATTEST:
JC l~e~e oCf' t~Ycou//n c~.
COUNCILMEMBERS:
Young Aye
Acosta Aye
Griset ^ye
May Aye
McGuigan Aye
Norton Abstained
Pulido Aye
APPROVED AS TO FORM:
City Attorney