Chapter 14.01
FARMERS MARKET
Sections:
14.01.040 Rules and regulations—Limitations on selling.
14.01.060 Discipline or removal of an approved seller—Appeals.
14.01.010 Purpose.
The purposes of this chapter are as follows:
A. To establish a legal framework for the operation of a farmers market on city-owned property;
B. To provide for a flexible system of management over a farmers market that is responsive to public input and acts in the interests of all the residents of Winters;
C. To meet the need for control over space allocation and enforcement of rules for selling at a farmers market; and
D. To ensure that a farmers market is successfully maintained primarily as an outlet for farmers to sell their produce directly to consumers, while allowing for some product diversity in order to better meet the needs of consumers. (Ord. 2009-04 § 2 (part))
14.01.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings given to them by this section, unless the context otherwise requires:
“Approved seller” means a person selling or offering for sale at the market an item or commodity which he or she has:
1. Grown upon land which the person controls, in the case of fruits, nuts, vegetables, other plant products, or other processed agricultural products;
2. Bred, raised, cultivated, or collected, in the case of animal, poultry, viticulture, vermiculture, aquaculture, egg, honey and bee products;
3. Cooked, canned, preserved, or otherwise significantly treated, in case of prepared foods; or
4. Created, sewn, constructed, or otherwise fashioned from component materials, in the case of crafts.
An approved seller must also have an approved application-to-sell on file with the market manager prior to exercising his/her privilege of selling at the market.
“Employee” means any person, other than a family member as defined in this section, employed by an approved seller at a regular salary or hourly rate, either full- or part-time, but not including any person whose compensation in whole or in part is based on, or consists of, a commission on sales.
“Family member” means a parent, child, grandparent, grandchild, or a family member regularly residing in the approved seller’s household.
“Governing board” means the board of directors or other ruling committee of the market association.
“Market” means a farmers market, certified by the Yolo County agricultural commissioner and located in city-owned property, including, where authorized, temporary use of streets and/or parkland.
“Market association” means a not-for-profit association or corporation which manages and operates the market, also referred to as the “Davis Farmers Market Association” or “DFMA.”
“Market manager” means a person or persons empowered by the governing board to implement market policies and directives, and to oversee the operation of the market.
“Resale” means any sale other than by an approved seller or a family member or employee thereof. (Ord. 2009-04 § 2 (part))
14.01.030 Management.
A. Upon permit approval by the city council, the market association, through its governing board, may manage and operate a farmers market on city-owned property, subject to the following conditions:
1. Membership in the market association shall be open to all approved sellers on an equal basis upon approval by the DFMA governing board.
2. Membership in the market association shall not be a prerequisite for selling at the market.
3. At least twenty (20) percent but no more than thirty (30) percent of the positions on the governing board shall be held by representatives of nonfarmers. For this purpose, a “nonfarmer representative” is anyone who is not a qualified seller of certified and/or noncertifiable products under market rules and regulations. At least half of those positions shall be held by consumer representatives who reside in Davis and/or Winters.
4. All meetings of the market association shall comply with the Brown Act, California Government Code Section 54950 et seq.
5. The market association shall obtain a business license as the sponsor of the market, in accordance with the provisions of Chapter 5.04 of this code.
6. The market’s location, hours of operation, and other conditions of use of city property shall be determined by the city manager, subject to review by the city council.
B. Subject to the conditions in subsection A of this section and the other provisions of this chapter, the market association may:
1. Promulgate rules and regulations for the market pursuant to Section 14.01.040;
2. Issue permits and assign stall spaces for selling at the market;
3. Collect reasonable fees from sellers who utilize the market facilities; and
4. Take any other actions reasonably necessary for the efficient management and operation of the market. (Ord. 2009-04 § 2 (part))
14.01.040 Rules and regulations—Limitations on selling.
A. The market rules and regulations, when promulgated by the market association in furtherance of this chapter and not disapproved by the city council after presentation thereto, shall be deemed to be adopted as part of this chapter and shall have the same force and effect as through expressly included.
B. The market rules and regulations shall incorporate the following provisions, which are hereby made a part of this chapter:
1. All sellers must currently have and display at the market all appropriate permits, licenses and certificates, and comply with all applicable federal, state and local laws, ordinances and regulations.
2. No resale is permitted, and only approved sellers may sell at the market, with the following exceptions:
a. A family member or employee may sell for an approved seller, but no commission may be paid or received in connection with such sales.
b. A certified grower may sell, in accordance with the market rules and regulations, for one other grower who is not a relative; provided, that the seller is also selling his or her own produce and displays both grower certificates.
c. Nonprofit organizations, including the market association, may engage in the resale of items related to or in support of their organizational purposes.
3. Sellers must maintain their stall spaces in a clean and sanitary condition. Each seller shall remove containers, waste, and trimmings before leaving the market. Sellers may not use city trash bins.
C. The market rules and regulations may establish general categories for types of goods sold and may allocate a specific number of stall spaces for each category, subject to the following conditions:
1. A priority system for assigning stall spaces may be based on membership in the market, number of years selling at the market, consumer demand, record of attendance, market commodity mix and compliance with DFMA rules. No priority shall be given on the basis of product origin, except that sales of crafts and prepared foods may be limited to those produced in Yolo County and adjacent counties.
2. If sellers with priority have not arrived at the market or notified the market manager of their intended arrival by a cutoff time established by the market manager, all unused stall spaces shall be made available to qualified sellers on a first-come, first-served basis.
3. Nonprofit organizations shall be at the market whenever stall space is available. When nonprofit applicants exceed space available, a waiting list shall be established.
D. The market rules and regulations shall be distributed to each person who applies for a selling permit and shall be prominently displayed at the market. (Ord. 2009-04 § 2 (part))
14.01.050 Permits to sell.
A. No person shall sell or offer to sell any item at the market except under the authority of a valid permit approved by the market manager.
B. Permits to use the market facilities shall give the seller the privilege of selling at the market only if the following conditions are met:
1. The seller properly files an application for a permit to sell at the market;
2. The seller complies with all ordinances and rules relating to the use of the market facilities;
3. The seller pays all the appropriate stall fees;
4. The seller grants permission for the market manager, or other market association representative, to enter the seller’s premises for the reasonable inspection of land, facilities and records, in order to determine whether the seller is in compliance with the permit conditions. (Ord. 2009-04 § 2 (part))
14.01.060 Discipline or removal of an approved seller—Appeals.
A. A seller may be removed or suspended from any market or have selling privileges in the market conditioned, modified or limited by the market manager or governing board for violations of this chapter.
1. If the market manager or governing board determines that a seller has violated the conditions of the permit to sell or any of the rules or regulations of the market, the market manager may issue a verbal or written warning or may issue a notice of proposed suspension.
2. Any verbal warning or informal written warning may be followed by written notice of proposed suspension documenting such warning. Such written notice of proposed suspension or modification of selling privileges shall be mailed or personally delivered to the seller within seven days of such verbal warning. The notice shall state the time and place of the governing board hearing on the proposed suspension or other action. Such hearing shall be held no later than thirty (30) days after mailing or personal service of the written notice of proposed suspensions. The market manager shall inform the seller of the reasons for the warning or notice.
3. If the market manager issues a notice of proposed suspension, the seller may appear at the hearing before the governing board at the time and place in the notice. The hearing shall be conducted in accordance with this section and the market rules and regulations.
4. The governing board shall, at the time and place set forth in the notice, hold a hearing on the proposed suspension. At the hearing, the seller shall be entitled to present written or oral evidence and argument as to why the permit should not be suspended. The board shall also consider the testimony of the market manager or his or her designee. The governing board may, in its discretion, continue the hearing once to a future date.
5. If the governing board, after a hearing, determines that the seller has violated the permit conditions or the market rules and regulations, it may suspend the seller’s permit for a maximum of ninety (90) days.
6. The governing board may suspend, for any period deemed appropriate, or revoke the permit of any seller whose permit had been previously suspended. The governing board may revoke membership in the market for serious and repeated violations of state, local laws or market rules and regulations. The governing board may also refer the matter to a governmental agency with jurisdiction over the subject at issue. The governing board shall promptly notify the seller in writing of its decision and the findings of fact supporting the decision.
7. A seller whose permit has been suspended, or a seller, applicant, or member aggrieved by a decision of the governing board, may file a written request with the market manager requesting reconsideration of a determination made by the governing board. The person requesting reconsideration shall file the written request within ten (10) days of the adoption of the governing board determination. If no person files a timely request, the governing board shall not take any action pursuant to this section and the governing board’s decision shall be considered final. If a timely request for reconsideration has been filed, at the next available meeting or no later than thirty (30) days from the receipt of the request, the governing board shall consider the request for reconsideration and render a decision within ten (10) days. The governing board’s decision shall be final.
8. Notwithstanding any other provision in this chapter, if the market manager determines that an immediate suspension of a seller’s privilege in the market is necessary to preserve the health, safety or welfare of the market customers, other market sellers, market staff, or the public, the market manager may suspend a seller’s permit to sell. Such a suspension shall be effective immediately. The market manager shall provide the seller with a notice of suspension stating the date, time and place of the governing board’s hearing on the suspension. Thereafter, the hearing procedures detailed above shall be followed.
B.1. In addition to the provisions of subsection A of this section, any person who violates any provisions of this chapter may be deemed guilty of an infraction, punishable by a fine of no more than fifty dollars ($50.00) for a first violation, one hundred dollars ($100.00) for a second violation and two hundred fifty dollars ($250.00) for each additional violation within a year.
2. Every day that any such violation continues shall constitute a separate offense.
C. The market association is authorized to take civil legal action to enforce the requirements of this chapter and the rules and regulations.
D. The remedies provided herein shall not be exclusive, and violation of any provision of this chapter shall be subject to other remedies as may be provided by law. (Ord. 2009-04 § 2 (part))
14.01.070 Free speech area.
A. The market manager shall designate an area, known as the “free speech area,” within the market to be set aside and used by any persons and/or organizations desiring to exercise their constitutional rights of speech and assembly. The free speech area shall be proximately located to the market. If the free speech area is full, the market manager shall designate additional proximate areas.
B. The free speech area shall be subdivided into stall spaces of approximately equal size and proportion. Stall spaces shall be numbered sequentially starting with the space or spaces located closest in proximity to the market. Stall spaces within the free speech area shall be assigned by lottery drawing drawn one at a time from all applications submitted by interested persons and/or organizations until all applications submitted have been drawn and assigned a space.
C. The lottery drawing shall be conducted by the market manager in the afternoon one day in advance of each market day. Stall space assignments selected by lottery drawing shall be valid for the market day in which the space is assigned. Persons and/or organizations submitting applications need not be present at the time of drawing to participate in the lottery. Persons and/or organizations interested in stall spaces within the free speech area shall submit an application to the market manager at least twenty-four (24) hours before the lottery drawing.
D. Lottery drawings shall be open to the public at a date, time and place designated by the market manager; provided, that written notice of the date, time and place of said drawing shall be posted at the free speech area and the market manager’s office forty-eight (48) hours before the lottery drawing.
E. The written application shall include at the least the following information: the name, address and telephone number of persons and/or organizations desiring to execute their rights of speech and assembly.
F. Unassigned stall spaces within the free speech area shall be assigned each market day at the opening of the market on a first-come, first-served basis to persons and/or organizations not participating in the lottery drawing. Assignment of unassigned stall spaces shall be valid for the market day on which the space is assigned.
G. Individuals and/or organizations assigned a stall space within the free speech area shall complete setup of any displays and/or materials no earlier than two hours prior to the public opening of each market day. All displays and/or materials shall be removed no later than two hours following the public close of each market day. The market manager may remove from the free speech area, at the individual’s and/or organization’s expense, any and all displays and/or materials set up before or left after the time period prescribed by this subsection.
H. The market manager retains the right to set reasonable time, place and manner restrictions within the free speech area. (Ord. 2009-04 § 2 (part))