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HomeMy WebLinkAbout4405 ORDINANCE NO. AN ORDINANCE regulating farmers market vendors on the City boardwalk. THE CITY OF BREMERTON DOES HEREBY ORDAIN: 5.30.010 PURPOSE. The purpose of this chapter is to ensure that farmers market vendors are appropriately located on the boardwalk, compatible with allowed uses, meet minimum aesthetic standards, are conducive to the public health, safety and welfare, and provide a public service and convenience to boardwalk pedestrians. 5.30.020 DEFINITIONS. Terms used in this chapter pertain to the following meanings: (a) Boardwalk - The City's overwater park mounted on piling that extends from the First Street Dock, its southern border; to the USS Turner Joy, its northern border; to Puget Sound, its eastern border; to the Inner Harbor Line, its western border; and includes all real estate within these boundries such as the viewing platform above the pump house and the landscaped park area within the Inner Harbor Line. (b) Farmers Market - Any market facility operated on the boardwalk by a public or private nonprofit organization which is open to the public. Said facility shall consist of individual booths or stands operated by individual sellers who are registered members of the market organization. At least seventy-five percent of total vendors shall sell only home-grown or home-produced fruits, vegetables, berries, butter, eggs, milk, poultry or any farm produce or edibles, or any meats or fish when sold by the 1 processor of said meats or fish, or homemade crafts. (c) Master License - The regulatory license issued to a farmers market organization operating on the boardwalk that encompases all sales activity generated within the farmers market as part of its normal operation by any registered member individual, firm or corporation. Registered members are exempt from individual licensing for farmers market sales activity only. 5.30.030 LICENSE REQUIRED - FARMERS MARKET. (a) Farmers Market - Master License - Agreement - Term. 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. The licensee shall keep records of the volume and type of sales made under its license and such records shall contain sufficient information to determine continued eligibility to operate under a master license as a farmers market. In addition to obtaining a master license a farmers market organization must enter into an agreement with the City for use of the boardwalk that may include operational requirements that are in addition to the applicable provisions of this chapter. The master license term shall be from May 1 to April 30 of the following year. 5.30.045 APPLICATION FOR MASTER LICENSE - FARMERS MARKET. The master license application for a farmers market organization must be submitted six weeks in advance and shall include the following in addition to the application requirements set forth in the BMC 5.03: (a) The appropriate license fee as set by Council resolution. (b) A list of the names of persons, firms or corporations who shall provide produce or merchandise for sale as part of the farmers market. The list shall also generally describe the type of item sold by each said person, firm or corporation. The list shall be updated every three months during the term of the license. (c) A Certificate of Insurance evidencing comprehensive general liability insurance provided by an insurer authorized to write such business in the State of Washington. The certificate shall evidence coverage of at least $1,000,000 per occurrence and shall include products liability coverage if the sale or distribution of edible products is involved. The certificate shall also name the City of Bremerton as an additional insured for all activities. (d) A signed Farmers Market Agreement approved administratively with the City outlining operational criteria. 5.30.055 LICENSE ISSUANCE - RENEWAL - LOCATION - FARMERS MARKET. Upon successful completion of the application process a master license will be issued for the regulatory year. The Master License holder must reapply by March 15 every year using the application requirements outlined in this chapter and BMC 5.03 and the Farmers Market Agreement. The location of the farmers market on the boardwalk will be defined on the master license and consistent with the Farmers Market Agreement. 5.30.080 ALCOHOLIC BEVERAGES - SALE - CONSUMPTION. The sale and consumption of alcoholic beverages is prohibited on the boardwalk. 5.30.090 BOARDWALK ACCESS. Motorized vehicles of vendors, customers or suppliers are prohibited on the boardwalk. However, approved golfcart-like vehicles may be used to transport farmers market members' carts and supplies. 5.30.100 SPECIAL EVENT PREEMPTION. The City reserves the right to preempt farmers market usage of the boardwalk for City sponsored special events or licensed special events. At least 30 days notice will be provided. 5.30.110 LICENSE REVOCATION - FARMERS MARKET. A farmers market master license is wholly of a temporary nature and vests no permanent rights. It may be revoked or suspended at any time for good cause by the City without notice including but not limited to any of the following conditions: (1) The Health Department withdraws approval or cancels necessary permits; (2) The Fire Department withdraws approval or cancels necessary permits; (3) The farmers market insurance certificate is not current or does not evidence the coverage required by this chapter; (4) The Farmers Market Agreement with the City has been terminated. APPROVED by the City Council of the City of Bremerton this /O PASSED by the City Council of the City of Bremerton this /Y EI~EEN FITZ, cour{ci~President APPROVED this day of , 199 . 4 LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk