Chapter 5.06
PUBLIC MARKETS
Sections:
5.06.010 Public markets—Master license.
5.06.040 Master license—Revocation.
5.06.050 Public market license—Other fees and taxes.
5.06.060 Public market defined.
5.06.010 Public markets—Master license.
The operator or governing authority of a public market, as defined herein, shall obtain a master license from the city prior to opening the public market. The license shall expire on the thirty-first of December each year. Application for the master license shall be in writing to the finance director or designee on forms provided by the city. The fee for the master license shall be in an amount set by resolution of the city council. The master license is in addition to any city business registration or license that may be required of the operator by Chapter 5.02. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3820 § 3, 2014; Ord. 3475 § 1, 2001)
5.06.020 Applications.
As a part of an application, the city shall be provided a list of the names of persons, firms or corporations who shall provide produce, food products or merchandise for sale as part of the public market. The list shall also generally describe the type of item sold by each person, firm or corporation. The list shall be updated monthly during the term of the license. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3475 § 1, 2001)
5.06.030 Issuance of license.
A. The finance director or designee shall issue a public market master license, upon application therefor, if he or she is satisfied that the applicant qualifies as a “public market” as defined in Section 5.06.060, has a place of business within the city of suitable size, dimensions and improvements to conduct a public market and otherwise complies with the terms of this chapter.
B. The master license shall be an annual license. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3475 § 1, 2001)
5.06.040 Master license—Revocation.
Any public market master license issued pursuant to this chapter shall be revoked by the city upon a finding that the licensee no longer complies with the terms of this chapter. No license shall be revoked without the applicant being afforded the opportunity for a hearing before the city’s hearing examiner to contest the revocation. The city shall give the licensee notice of the availability of a hearing at least fifteen days before the revocation is to become effective. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3475 § 1, 2001)
5.06.050 Public market license—Other fees and taxes.
A. No tax, license or license fee otherwise assessable under this title shall be assessed against any person, firm or corporation for sales made under a master license issued pursuant to this chapter; provided, that the city’s business and occupation tax shall be assessed against all sales taxable under this title made under said license and against revenue of the operator or governing body of the market. For purposes of this section “made under a master license” means all sales made within a public market as a part of its normal operation by any person, firm or corporation subject to listing under Section 5.06.020.
B. This exemption for sales conducted under a master permit shall apply to a specific public market license so long as the limits specified in the definition of public market set forth below are maintained. Should any master license be revoked for failure to comply with said limits, all sales made under said license shall thereafter be subject to license fees or taxes otherwise assessed under this title.
C. All licensees shall keep records of the volume of sales made under its license and such records shall contain sufficient information to determine eligibility for exemption status under this section. Such records shall be open to inspection by the city clerk or a designee upon reasonable request. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3475 § 1, 2001)
5.06.060 Public market defined.
For purposes of this chapter, “public market” means any market facility operated by a public or private nonprofit organization which is open to the public and which has as an annual average of fifty-one percent of its gross volume the sale of any fruits, vegetables, berries, butter, eggs, milk, poultry or farm produce or edibles raised, caught or produced and sold by any farmer, gardener, or producer, or any meats or fish when sold by the processor of said meats or fish; provided, the public or private nonprofit organization responsible for the operation of the public market may contract with a limited number of vendors to supply produce which cannot be grown locally in reliable quantities. Said facility shall consist of individual booths or stands operated by individual sellers listed pursuant to Section 5.06.020. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3475 § 1, 2001)
5.06.070 Secondhand dealers.
Nothing contained in this chapter shall affect the requirements of Chapter 5.52 relating to secondhand dealers. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3475 § 1, 2001)
5.06.080 Violations.
Any person or persons violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not exceeding one thousand dollars or imprisonment for a period not to exceed ninety days, or by both such fine and imprisonment. Each day of violation of the provisions of this chapter shall be deemed to be a separate offense. (Ord. 3898 § 3 (Exh. A), 2017)