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