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NS-2090
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Last modified
1/3/2012 1:03:20 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2090
Date
10/15/1990
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ORDINANCE NO. NS- 2090 <br /> <br />REL:mb(24) <br />9/23/90 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />AMENDING SECTIONS 41-79.5 OF THE SANTA <br />ANA MUNICIPAL CODE TO CLARIFY THE DEFI- <br />NITION OF "INDOOR SWAP MEET." <br /> <br />001 <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN <br />AS FOLLOWS: <br /> <br />SECTION 1: That section 41-79.5 of the Santa Ana Municipal <br />Code is hereby amended to read as follows: <br /> <br />Sec. 41-79.5. Indoor swap meet. <br /> <br /> An indoor swap meet is a store which has been intern- <br />ally subdivided to allow for individual sales booths which <br />are available for lease to individual tenants for display <br />of goods for sale. For purposes of this section, areas <br />bounded by permanent floor-to-ceiling walls or windows, in <br />which all entry ways are capable of being closed and <br />locked, shall be considered separate stores, and not <br />subdivisions of one store. No store in which one vendor <br />occupies at least eighty percent of the floor area used <br />for sale of goods shall be considered an indoor swap meet. <br />For purposes of this section, each person offering goods <br />for sale in a store who has a permit from the State Board <br />of Equalization to engage in or conduct business as a <br />seller at that store shall be deemed a distinct independent <br />vendor, and each such vendor, other than any person in <br />control of the use and occupancy of the store, shall be <br />deemed a tenant in that store. <br /> <br />SECTION 2: The amendment to section 41-79.5 of the Santa <br />Ana Municipal Code by this ordinance is intended to clarify the <br />previously-existing definition of "indoor swap meet" contained <br />in that section in accordance with past administrative interpre- <br />tation, and not to change the substance of that definition. <br />Therefore, this amendment shall not be construed to alter in any <br />way the status of any existing indoor swap meet, or the building <br />in which it is located, as a legal conforming, legal nonconform- <br />ing or illegal use or building, from the status it would have <br />in the absence of this amendment. <br /> <br />SECTION 3: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to <br />be invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the <br />validity of the remaining portions of this ordinance. The City <br />Council of the City of Santa Ana hereby declares that it would <br /> <br /> <br />
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