Chapter 12.20
FARMERS’ MARKETS

Sections:

12.20.010    License required.

12.20.020    Definitions.

12.20.030    Exemptions.

12.20.040    Application.

12.20.050    Investigation and determination.

12.20.060    Fees.

12.20.070    Expiration of license.

12.20.080    Exhibition of license – Transfer.

12.20.090    Health regulation.

12.20.100    Standards.

12.20.110    Appeal.

12.20.120    Separate offenses.

12.20.130    Violation – Penalty.

12.20.010 License required.

It is unlawful for any person or group to conduct a farmers’ market within the town except when licensed as provided for in this chapter. (Ord. 440, 2013)

12.20.020 Definitions.

The following terms shall be used in the administration of this chapter:

(1) A “farmers’ market” is defined as a group of four or more vendors who sell products in a central location, in either a temporary or permanent structure, and whose products are either home grown, handcrafted, or consist of specialized services that can be performed on site, such as knife sharpening. (Ord. 440, 2013)

12.20.030 Exemptions.

The provisions of this chapter shall not be construed to apply to the following:

(1) Persons selling only fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such persons in the state of Washington;

(2) Individual vendors who otherwise qualify to engage in sales at a farmers’ market site, as defined by this chapter. (Ord. 440, 2013)

12.20.040 Application.

Any person, firm or corporation desiring to conduct a farmers’ market shall make application to the town, on forms to be provided by the town. Such application shall provide:

(1) The name or names of applicant(s), physical and mailing addresses, and phone numbers;

(2) The physical location of the proposed farmers’ market;

(3) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information:

(a) The portion of the property to be used for vendors, reflecting the number of stalls; and

(b) The portion of the property to be used for automobile parking;

(4) License fee, as provided for by this chapter;

(5) The names of all participating vendors and a brief description of their products. (Ord. 440, 2013)

12.20.050 Investigation and determination.

Upon receipt of such application, the town clerk shall cause an investigation of such person’s or persons’ business to be made as deemed necessary for the public good and shall refer the application to the town superintendent or mayor for its determination as to compliance with the standards and requirements of this chapter. An application shall be denied by the town clerk upon written findings that the applicant’s business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Any license issued under this chapter shall contain the number on the license, the date same was issued, the amount of license fee paid, the expiration date of the license, the place where the farmers’ market may be carried on under such license and the name or names of the person or persons authorized to carry on the same. The town clerk shall keep a record of all licenses issued under this chapter. (Ord. 440, 2013)

12.20.060 Fees.

Fees for farmers’ markets shall be the same as the fees set forth by resolution of the town council pertaining to business licenses, said fee being for a business with one to three employees. (Ord. 440, 2013)

12.20.070 Expiration of license.

Any license issued under the provisions of this chapter shall expire at the end of the calendar year in which it was issued. (Ord. 440, 2013)

12.20.080 Exhibition of license – Transfer.

(1) Any license issued under this chapter shall be posted conspicuously at the place of business authorized therein.

(2) Any license issued under this chapter shall not be transferred to any other person, firm, corporation or location. (Ord. 440, 2013)

12.20.090 Health regulation.

All food vendors shall comply with all laws, rules, and regulations regarding food handling. (Ord. 440, 2013)

12.20.100 Standards.

All farmers’ markets licensed under this chapter shall conform to the following standards:

(1) Vendors shall be restricted to individuals who:

(a) Raise produce, herbs, flowers, or nursery crops from seed or plants and care for, cultivate, and harvest the crops offered for sale at the farmers’ market; or

(b) Craft, with their own hands, the products they offer for sale; or

(c) Offer fresh food products that they have processed themselves into the product being offered for sale; or

(d) Offer special services to the customers, such as knife sharpening, machine embroidery, or face painting, that are not otherwise prohibited.

(2) The following products are prohibited for sale at farmers’ markets:

(a) Second hand items;

(b) Ready-to-eat foods that are not prepackaged;

(c) Any hot foods;

(d) Resale or direct sale items. (Ord. 440, 2013)

12.20.110 Appeal.

Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter shall have the right to appeal to the town council. Such appeal shall be taken by filing with the town clerk within 14 calendar days after the notice of decision has been mailed, by certified mail, to the applicant’s or licensee’s last known address, a written statement setting forth the grounds for appeal. The council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by certified mail to the appellant at least five calendar days prior to the date fixed for such hearing. (Ord. 440, 2013)

12.20.120 Separate offenses.

Each day that any person, firm, corporation or association shall operate a farmers’ market without having procured a valid existing license as provided for by this chapter may constitute a separate offense and be punished as such. (Ord. 440, 2013)

12.20.130 Violation – Penalty.

Any person, firm, corporation or association violating any of the provisions of this chapter shall have committed a code infraction and, upon conviction thereof, such person shall be punished by a civil penalty of $250.00. Each day of violation shall be a separate infraction for which such penalty shall be imposed. (Ord. 440, 2013)