Chapter 5.06
FARMERS’ MARKET

Sections:

5.06.010    Farmers’ markets—Master license.

5.06.020    Applications.

5.06.030    Issuance of license.

5.06.040    Master license—Revocation.

5.06.050    Farmers’ market license—Other fees and taxes.

5.06.060    Farmers’ market—Defined.

5.06.010 Farmers’ markets—Master license.

The operator or governing authority of a farmers’ market, as defined herein, shall obtain a master license from the town prior to opening said market. Application for said license shall be in writing on forms provided by the city. The town clerk shall impose a fee of sixty dollars ($60.00) for the issuance of said license. (Ord. 476 § 1 (part), 2002)

5.06.020 Applications.

As part of said application, the city shall be provided a list of the names of persons, firms or corporations who shall provide produce or merchandise for sale as part of the public market. The list shall also generally describe the type of item sold by each said person, firm or corporation. The list shall be updated quarterly during the term of license. (Ord. 476 § 1 (part), 2002)

5.06.030 Issuance of license.

A.    The town clerk shall issue a farmers’ market master license, upon application therefor, if the clerk is satisfied that the applicant qualifies as a “farmers’ market” as defined below, has a place within the town of suitable size, dimensions and improvements to conduct a farmers’ market and otherwise complies with the terms of this chapter.

B.    The master license shall be an annual license.

C.    The master license provided for by this chapter is separate from, and in addition to, the business license issued under Chapter 5.02, which may also be required when applicable. (Ord. 691 § 4, 2020; Ord. 476 § 1 (part), 2002)

5.06.040 Master license—Revocation.

Any farmers’ market license issued pursuant to this chapter shall be revoked by the town clerk upon finding that the licensee no longer complies with the terms of this chapter. No license shall be revoked without the applicant being given the notice of the availability of a hearing at least fifteen (15) days before the revocation is to become effective. (Ord. 476 § 1 (part), 2002)

5.06.050 Farmers’ market license—Other fees and taxes.

A.    No tax, license or license fee otherwise assessable under this title shall be assessed against any person, firm or corporation for sales made under a master license issued pursuant to this chapter; provided, that the town’s business and occupation tax shall be assessed against all sales of nonfood items made under said license and against revenue of the governing body or operator of the market. For purposes of this section, “made under a master license” means all sales made within a farmers’ market as part of its normal operation by any person, firm or corporation listed by the licensee pursuant to Section 5.06.020.

B.    This exemption for sales conducted under a master permit shall apply to a specific farmers’ market license so long as the limits specified in the definition of public market set forth below are maintained. Should any master license be revoked for failure to comply with said limits, all sales made under said license shall thereafter be subject to license fees or taxes otherwise assessed under this title.

C.    A licensee shall keep records of the volume of sales made under its license and such records shall contain sufficient information to determine eligibility for exemption under this section. Such records shall be open to inspection by the city clerk upon reasonable request. (Ord. 476 § 1 (part), 2002)

5.06.060 Farmers’ market—Defined.

For purposes of this chapter, the term “farmers’ market” means any facility operated by a public or private nonprofit organization which is open to the public and which has an annual average of at least seventy-five percent (75%) of its gross volume, the sale of any fruits, vegetables, berries, butter, eggs, milk, poultry or any farm produce or edibles raised, caught or produced and sold by any farmer or gardener, or any meats or fish when sold by the processor of said meats or fish. Said facility shall consist of individual booths or stands operated by individual sellers listed pursuant to Section 5.06.050. (Ord. 476 § 1 (part), 2002)