Chapter 5.18
FARMERS MARKET

5.18.000    Chapter Contents

Sections:

5.18.010    Farmers markets--Master license.

5.18.020    Applications.

5.18.030    Issuance of license.

5.18.040    Master license--Revocation.

5.18.050    Farmers market license--Other fees and taxes.

5.18.060    Farmers market--Defined.

5.18.010 Farmers markets –Master license

The operator or governing authority of a farmers market, as defined herein, shall obtain a master license from the city prior to opening said market. Application for said license shall be in writing on forms provided by the city. The city clerk shall impose a fee of sixty dollars for the issuance of said license.

(Ord. 4502 §1(part), 1984).

5.18.020 Applications

As part of said application, the city shall be provided a list of the names of persons, firms or corporations who shall provide produce or merchandise for sale as part of the public market. The list shall also generally describe the type of item sold by each said person, firm or corporation. The list shall be updated quarterly during the term of the license.

(Ord. 4502 §1(part), 1984).

5.18.030 Issuance of license

A.    The city clerk shall issue a farmer’s market master license, upon application therefore, if the clerk is satisfied that the applicant qualifies as a “farmers market” as defined below, has a place of business within the city of suitable size, dimensions and improvements to conduct a farmers market and otherwise complies with the terms of this agreement.

B.    The master license shall be an annual license in accord with Sections 5.02.010.

(Ord. 4502 §1(part), 1984).

5.18.040 Master license –Revocation

Any farmers market master license issued pursuant to this chapter shall be revoked by the city clerk upon a finding that the licensee no longer complies with the terms of this ordinance. No license shall be revoked without the applicant being given the opportunity for a hearing before the clerk to contest the revocation. The clerk shall give the licensee notice of the availability of a hearing at least fifteen days before the revocation is to become effective.

(Ord. 4502 §1(part), 1984).

5.18.050 Farmers 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 of nonfood items made under said license and against revenue of the governing body or operator of the market. For purposes of this section, “made under a master license” means all sales made within a farmers market as part of its normal operation by any person, firm or corporation listed by the licensee pursuant to Section 5.18.020 of this chapter.

B.    This exemption for sales conducted under a master permit shall apply to a specific farmers 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 licenses shall keep records of the volume of sales made under its license and such records shall contain sufficient information to determine eligibility for exemption under this section. Such records shall be open to inspection by the city clerk upon reasonable request.

(Ord. 4502 §1 (part), 1984).

5.18.060 Farmers market –Defined

For purposes of this chapter, the term “farmers market” means any market facility operated by a public or private nonprofit organization which is open to the public and which has an annual average of at least seventy-five percent of its gross volume the sale of any fruits, vegetables, berries, butter, eggs, milk, poultry or any 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 operations of the farmers 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 5.18.050 of this chapter.

(Ord. 5038 §1, 1989; Ord. 4502 §1(part), 1984).