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.