Springdale Town Ordinance
10-22-14: FARMERS' MARKETS:
The following regulations are provided to accommodate the selling and buying of a variety of produce and associated goods in farmers' markets. Farmers' markets must be sponsored by a formal committee or organization and may accommodate any number of individual vendors.
A. Standards: Farmers' markets must comply with all of the following regulations:
1. Farmers' markets are allowed in the CC, VC, AG, and PU zones, with the written permission and consent of the property owner.
2. The commodities to be sold at a farmers' market shall be limited to:
a. Farm and garden produce and agricultural products such as fruits and vegetables, plants, flowers, nuts and seeds, meat, poultry, fish, dairy products, and honey;
b. Baked goods, processed food items (such as jams, jellies, salsas, and sauces), and hot or cold beverages; and
c. Nonagricultural arts and crafts products that are handcrafted by the seller.
3. Food items prepared or assembled on site may be sold at farmers' markets, as long as:
a. the prepared or assembled food items are compatible with and complementary to the other products sold at the farmers’ market, and
b. Vendors preparing or assembling food onsite obtain the necessary health department permits.
4. The sponsor of a farmers' market must provide to the town proof of liability insurance sufficient to cover the owner of land where a market is located and market participants.
5. Sufficient parking must be provided such that the farmers' market does not create parking or traffic congestion on or around the property where the market is located. Written permission must be obtained from the owner of any private parking areas used to serve the farmers' market.
6. Farmers' markets may not be established in any manner that impedes or impairs emergency service ingress and egress to any fire hydrant or building. No farmers' market vendor or any vehicle associated with the farmers' market shall be located within fifteen feet (15') of any fire hydrant.
7. The sponsoring committee or organization is responsible for supervising and ensuring the remittance of sales tax from farmers' market sales to the state tax commission.
8. All tents, booths, tables, and other temporary structures used in the operation of the farmers' market must be removed from the farmers' market site at the conclusion of each day the market is in operation except on consecutive days with the permission of the property owner.
9. All trash, fruit or produce remnants, debris, and general litter must be removed from the farmers' market site at the conclusion of each day the market is in operation. The sponsoring committee or organization is responsible for ensuring the general cleanup of the farmers' market area at the conclusion of each day of operation.
B. Health Department Supervision: Each vendor selling processed foods, baked goods, meats, eggs, dairy products, or other goods that may be a health concern is subject to approval of the applicable state and county health and agriculture departments and shall operate according to the rules and regulations of such departments.
C. Months Of Operation And Days Open: Farmers' markets may operate year round. However, no farmers’ market may operate more than three (3) days in any seven (7) day period.
D. Signage: Farmers' markets are allowed one on site temporary banner and two (2) off site temporary banners, provided:
1. The on site banner is limited to twenty (20) square feet in area and the off site banners are each limited to ten (10) square feet in area;
2. The banners meet the color requirements established in chapter 17 of this title;
3. The owner of the property where the banners are placed has given written permission to hang the banners;
4. The banners are not illuminated; and
5. The banners are only displayed on days and during times the farmers' market is actually in operation, except that the off site banners may be displayed a maximum of twenty four (24) hours prior to the operation of the farmers' market.
6. A farmers' market held on property without frontage on SR-9 will be allowed one additional ten (10) square foot off site banner provided such banner is placed along the road or street on which the property fronts and not along SR-9.
E. Application And Permit: An application for a farmers' market permit shall be filed with the director of community development, who shall review the application and issue a farmers' market permit if the proposed market complies with all the standards of this chapter and all other applicable sections of this title. The application shall be on a form available at the town office and shall contain the following required information:
1. Name of the applicant and organizational affiliation;
2. A current copy of the sponsoring committee's or organization's bylaws or rules of operation;
3. Letter of authorization from the owner of the property on which the farmers' market is proposed to be located;
4. Existing zoning of site and contiguous properties;
5. Site plan, drawn to scale, showing proposed locations of all market uses as well as existing permanent structures and parking areas;
6. The proposed dates and times the market will be in operation;
7. Proof of liability insurance sufficient to cover the owner of land where the market is located and market participants; and
8. Color rendering of temporary signage associated with the market and letters of authorization from property owners where the signage will be hung.
F. Suspension Of Permit: The chief of police and the director of community development are authorized to conduct inspections of the farmers' market to ensure compliance with the standards of this section. A farmers' market permit shall be suspended and the market immediately ceased in the event the chief of police or the director of community development finds the market violates any of the provisions of this section or the conditions set forth in the farmers' market permit. The permit may be reinstated at such time as the violation is corrected.
G. Business License Required: A farmers' market permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the town or any other public agency.
H. Fees: In order to offset a portion of the costs incurred by the town in the processing of a farmers' market permit, a fee shall be charged as established by resolution of the town council.