CHAPTER 35.
CERTIFIED FARMERS’ MARKETS

Sections:

5-35.01    Definitions

5-35.02    Business Tax Certificate

5-35.03    Health and Sanitation Requirements

5-35.04    Farmers’ Market Permit to Operate

5-35.05    Farmers’ Market Locations

5-35.06    Signage

5-35.07    Cleanliness

5-35.08    Open-Air Barbeques or Outdoor Wood-Burning Ovens

5-35.09    Operation Within Specified Distance of Toilet and Handwashing Facility

5-35.10    Administrative Regulations

5-35.11    Penalties

5-35.01 Definitions.

For purposes of this chapter, the following definitions apply:

(a)    “Certified farmers’ market” or “farmers’ market” shall be defined as provided in California Administrative Code Title 3, Section 1392.2(a) or any successor provision.

(b)    “Certified farmers’ market certificate” or “farmers’ market certificate” shall be defined as provided in California Administrative Code Title 3 Section 1392.2(b) or any successor provision.

(c)    “City” shall mean the City of Emeryville.

(d)    “Code” shall mean the Emeryville Municipal Code.

(e)    “Community event” shall be defined as provided in Health and Safety Code Section 113755 or any successor provision.

(f)    “Eating and drinking establishments” shall be defined in Section 9-4.4.320, or any successor provision, of this code.

(g)    “Enforcement agency” shall be defined as provided in Health and Safety Code Section 113773 or any successor provision.

(h)    “Enforcement officer” shall be defined as provided in Health and Safety Code Section 113774 or any successor provision.

(i)    “Food” shall be defined as provided in Health and Safety Code Section 113781 or any successor provision.

(j)    “Food facility” shall be defined as provided in Health and Safety Code Section 113789 or any successor provision.

(k)    “Open-air barbeque” shall be defined as provided in Health and Safety Code Section 113843 or any successor provision. An “open-air barbeque” may include a fire box for heating, storage and disposal of hot coals, heated lava, hot stones or other material utilized to cook food and no more than one (1) worktable of a size not in excess of fifteen (15) square feet which may not be used for dining by the general public.

(l)    “Peddle” and “peddler” shall be defined as provided in Chapter 27 of Title 5, or any successor provision.

(m)    “Permanent food facility” shall be defined as provided in Health and Safety Code Section 113849 or any successor provision.

(n)    “Police Chief” means the Chief of Police or his/her designee.

(o)    “Solicit” and “solicitor” shall be defined as provided in Chapter 27 of Title 5, or any successor provision.

(p)    “Temporary food facility” shall mean, consistent with Health and Safety Code Section 113930 or any successor provision, a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event and only as a part of the community event.

(q)    “Vendor,” “street vendor,” and “sidewalk vendor” shall be defined as provided in Chapter 27 of Title 5, or any successor provision.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.02 Business Tax Certificate.

It shall be unlawful to operate a certified farmers’ market on any public street or public sidewalk within the City without first obtaining a business tax certificate and paying the applicable business license tax for each market location, pursuant to Chapter 1 of Title 3. Notwithstanding those provisions, no business tax certificate shall be issued without evidence that the business tax certificate applicant has obtained all permits required by this chapter and has a valid certified farmers’ market certificate. The original of the City business tax certificate shall be displayed conspicuously at all times at the location of the farmers’ market.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.03 Health and Sanitation Requirements.

The farmers’ market certificate holder shall obtain a health permit from the enforcement agency if necessary. The health permit shall be displayed conspicuously at all times at the location of the farmers’ market. Evidence of such health permit shall be made available to the Finance Department as part of the business tax certificate application or renewal.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.04 Farmers’ Market Permit to Operate.

(a)    It shall be unlawful to operate a farmers’ market on any public street or public sidewalk within the City without first obtaining a farmers’ market permit from the Police Department pursuant to the provisions of this chapter for each farmers’ market location. The farmers’ market permit shall be displayed conspicuously at all times at the location of the farmers’ market. Evidence of such farmers’ market permit shall accompany the business tax certificate application or renewal application to the Finance Department.

(b)    The certified farmers’ market certificate holder shall apply for the farmers’ market permit required by this chapter. Individual vendors, peddlers, and/or solicitors operating within the certified farmers’ market need not apply for a permit to vend, peddle, or solicit within the certified farmers’ market.

(1)    Notwithstanding the provisions of this section, every vendor, peddler, or solicitor operating in a certified farmers’ market must obtain a business tax certificate and pay the applicable business license pursuant to Chapter 1 of Title 3.

(2)    Notwithstanding the provisions of Chapter 27 of Title 5, Sections 5-27.1.05(e), (f) and (g) and Sections 5-27.2.05(e) and (f) shall not apply to vendors, peddlers, or solicitors operating in a certified farmers’ market permitted under this chapter. All other provisions of this code shall apply to vendors, peddlers, and solicitors operating in a certified farmers’ market.

(c)    Each proposed farmers’ market location shall require a separate permit.

(d)    Any farmers’ market permit issued pursuant to this chapter shall automatically expire, terminate and be of no further force and effect at 5:00 p.m. on December 31 of each year.

(e)    Any farmers’ market permit issued pursuant to this chapter is nontransferable.

(f)    An applicant desiring a farmers’ market permit shall file an annual application with the Chief of Police, on a form furnished by the Police Department, setting forth the following information and including the accompanying data:

(1)    Names, addresses and telephone numbers of the permit applicant and of all persons financially interested in the business;

(2)    The names of the vendors to operate within the certified farmers’ market. Only those vendors specified in the application shall be allowed to vend in the certified farmers’ market.

(3)    The location at which the applicant intends to operate;

(4)    The desired location of the farmers’ market;

(5)    Intended day(s) and hours of operation at such location;

(6)    Whether the applicant intends to operate an open-air barbeque at such location;

(7)    The location of the toilet and handwashing facility required by this chapter;

(8)    If the toilet and handwashing facility required by this chapter is on private property, a copy of an enforceable contract between the private property owner and the applicant allowing applicant to utilize such facilities on the day(s) and hours of operation;

(9)    A copy of the health permit required by this chapter;

(10)    An acknowledgement by the applicant of the obligation to comply with Chapter 14 of Title 6 regarding food service waste reduction;

(11)    Agreement by the applicant to indemnify and hold harmless the City, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s sales location;

(12)    Evidence of general liability and, in the case of any mobile vendors operating within the farmers’ market, automobile liability insurance in a form and at levels of coverage acceptable to the City;

(13)    Previous farmers’ market permits issued to the permit applicant in other cities and the status of those permits;

(14)    Such further information as the Police Department may require.

(g)    The application shall be accompanied by an application fee. If the application is denied, the application fee shall not be returned to the applicant. The application fee shall be set forth in the City’s Master Fee Schedule.

(h)    The Police Department shall conduct an investigation of the application and may issue a farmers’ market permit to the applicant within thirty (30) days of its receipt if the Police Chief finds that all of the following conditions have been met:

(1)    An accurate application has been filed;

(2)    The required application fee has been paid;

(3)    All applicable provisions of this chapter have been or will be met;

(4)    The proposed location is in compliance with Section 5-35.05, will not cause evident traffic congestion, impede pedestrian or bicycle movement, or violate applicable federal or state accessibility laws; and

(5)    The applicant and all the persons listed in subsection (f)(1) of this section have no previous convictions under state or federal law concerning theft, possession of stolen property, or the sale of narcotics.

(i)    The Police Chief may deny the application if it is inaccurate, incomplete or unable to meet the requirements of subsection (h) of this section.

(j)    The Police Chief may impose permit conditions of approval necessary to maintain the public health, safety or the general welfare of the City.

(k)    The Police Chief may revoke a farmers’ market permit if it is determined and found thereafter that the application was inaccurate, that the permit holder failed to meet requirements of this chapter, or that the permit holder is operating in a manner detrimental to public health, safety or the general welfare of the City.

(l)    Any revocation of a farmers’ market permit or denial of a farmers’ market permit application may be appealed to the City Council pursuant to the provisions of Chapter 4 of Title 1.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.05 Farmers’ Market Locations.

A valid farmers’ market permit holder shall be permitted to operate on public streets and sidewalks from the hours of 11:00 a.m. until 6:00 p.m. daily, subject to the conditions set forth below:

(a)    No farmers’ market shall locate within five hundred feet (500') of a freeway entrance or exit;

(b)    No farmers’ market shall locate within fifty feet (50') of any bus stop;

(c)    No farmers’ market shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;

(d)    No farmers’ market shall operate in the RM Medium Density Residential Zone or the S-M Shoreline Management Zone, as those zones are described in Chapter 6 of Title 9, or any successor provision, of this code.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.06 Signage.

(a)    Notwithstanding the provisions of Chapter 34 of Title 5, signs advertising the farmers’ market shall be governed by this section.

(b)    The permit holder may display up to six (6) signs advertising the farmers’ market. The signs may be located on- and/or off-site of the farmers’ market. The location of the signs shall be approved by the Police Chief and shall be made part of the conditions of approval for the permit.

(c)    Signs shall meet the following design review requirements, as determined by the Director of Planning and Building, or his/her designee:

(1)    Compatible with the Neighborhood. The materials, colors, graphic style, and other features must be in keeping with the visual character of the street or area in which the sign is proposed.

(2)    Readable. The proportion between different parts of the sign, its visibility from important vantage points, and other design features shall be considered.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.07 Cleanliness.

The farmers’ market permit holder shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation that remains within twenty feet (20') of the farmers’ market’s location.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.08 Open-Air Barbeques or Outdoor Wood-Burning Ovens.

Consistent with Health and Safety Code Section 114143, any open-air barbeque or outdoor wood-burning oven in a farmers’ market and permitted to operate on any public street or sidewalk shall meet all of the following requirements:

(a)    The open-air barbeque or outdoor wood-burning oven is operated on the same premises as, in reasonable proximity to, and in conjunction with, a temporary food facility, or a mobile food facility that is operating at a community event. The certified farmers’ market permit holder shall be responsible for ensuring the open-air barbecue or outdoor wood-burning oven is operated in full compliance with this chapter.

(b)    The open-air barbeque or outdoor wood-burning oven is not operated in, or out of, any motor vehicle, or in any location that may constitute a fire hazard, as determined by the local enforcement officer and/or the City Fire Marshal.

(c)    The open-air barbeque or outdoor wood-burning oven is separated from public access to prevent food contamination or injury to the public by using ropes or other approved methods.

(d)    The open-air barbeque shall be equipped with an impervious and easily cleanable floor surface that extends a minimum of five feet (5') from the open-air barbeque or outdoor wood-burning oven facility on all open sides.

(e)    An open-air barbeque or outdoor wood-burning oven shall not operate on any day in which a “Spare the Air” alert or “No Burn” announcement has been issued by the Bay Area Air Quality Management District.

(f)    All ashes and coals shall be cooled before disposal. Ashes and coals shall be doused and saturated with water and the fire shall be completely extinguished. The ashes and coals shall then be placed into a metal container with a tight-fitting lid that is only used to collect ashes and coals and properly disposed of off-site of the farmers’ market. Ashes and coals shall not be placed into any City trash can at any time.

(g)    The Fire Chief or his/her designee may order the immediate suspension of open-air barbeque and/or outdoor wood-burning oven operations which are conducted in violation of this section, or which are deemed unsafe or constitute a public nuisance or hazard, as determined by the Fire Chief or his/her designee.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.09 Operation Within Specified Distance of Toilet and Handwashing Facility.

Any mobile food facility or temporary food facility within a farmers’ market shall be operated within two hundred feet (200') travel distance of an approved and readily available toilet and handwashing facility, to ensure that restroom facilities are available to mobile food facility or temporary food facility employees whenever the mobile food facility or temporary food facility is stopped to conduct business for more than a one (1) hour period or if the mobile food facility or temporary food facility operates an open-air barbeque or outdoor wood-burning oven.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.10 Administrative Regulations.

The City may adopt administrative regulations that are consistent with and further the terms and requirements set forth within this chapter. All such administrative regulations must be in writing.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)

5-35.11 Penalties.

Any violations of this chapter shall be punishable as an infraction as provided in Chapter 2 of Title 1. Every day of operating a farmers’ market without a valid farmers’ market permit constitutes a separate offense.

(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)