Chapter 12.40
COMMUNITY MARKET

Sections:

12.40.010    Definitions.

12.40.020    Street closure permitted.

12.40.030    Activities requiring a license and permit.

12.40.040    Exemptions.

12.40.050    Prohibited activities.

12.40.060    Sponsor limited to nonprofit community-oriented organizations.

12.40.070    License and permit requirements of sponsor.

12.40.080    License requirements of vendor.

12.40.090    Records.

12.40.100    Street and parking lot use permit.

12.40.110    Administration.

12.40.120    Violation of the provisions of this chapter – Civil infraction.

12.40.010 Definitions.

(1) “Community-oriented organization” shall mean a nonprofit organization with a mission of improving economic development of the city of Longview.

(2) “Market area” shall mean that area designated for the purposes of operating a market as provided for in this chapter and specifically approved through a street and parking lot use permit from the department of public works of the city.

(3) “Master business license” shall mean, for this chapter, a business license granted by the city of Longview for the purpose of a sponsor to hold a community market in compliance with the terms and conditions set forth in this chapter.

(4) “Community market” (also to include the term “market” in this chapter) shall mean a site or location where goods and/or services, including produce and prepared food items, are sold or displayed by two or more individual vendors, with each vendor operating independently from the other vendors and subleasing from a sponsor booths, stalls or tables for the purpose of placing before the public such goods and/or services for sale or display on a temporary basis.

The activities of the market shall be limited to daylight hours on Fridays and Saturdays during the months of April, May, June, July, August, September and October. Those Fridays, Saturdays, and the hours of permitted activity may be further limited in accordance with LMC 12.40.100(1)(a).

(5) “Vendor” shall mean any person, association, group, partnership, corporation or firm who exhibits goods and/or services at the market for the purpose of selling, bartering, trading, and/or exchanging for advertising such goods and/or services for sale.

(6) “Sponsor” shall mean a nonprofit community-oriented organization. The status of nonprofit shall be determined in accordance with the Internal Revenue Code.

(7) “Sales area” shall mean any stall, booth, stand, space, section, unit or specified area within a permitted market area where goods and/or services are offered or displayed by a vendor for the purpose of sale, trade, barter, and/or exchange for advertisement.

(8) “Rental space” shall mean all space of the market area to be used for the undertaking being licensed and permitted except for that space specifically set aside and designated for vehicle parking, fire lanes and refuse collection areas. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.020 Street closure permitted.

Where authorized by a street and parking lot use permit issued by the public works department, specific streets and alleys may be closed to vehicular traffic during the hours and on days specified under this chapter, and be used for the purpose of operating a market. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.030 Activities requiring a license and permit.

(1) It shall be unlawful for any person to own, use or permit property to be used as a market until the market and site have been licensed and permitted under this chapter. No person shall display, sell or offer for sale goods and/or services at any location in conjunction with a market activity until the sponsor has been duly licensed by the city. Nothing in this chapter shall be deemed to authorize activities to be conducted in accordance with the market’s activities unless appropriately licensed as required under other applicable provisions of this code; provided, however, that business license requirements are limited as provided in LMC 12.40.040. For example, pawnbrokers and dealers of secondhand goods shall not conduct activities in accordance with a market until duly licensed in accordance with the provisions of Chapter 5.64 LMC.

(2) It shall be unlawful for any person to display, sell or offer for sale goods and/or services at a market unless such person has been listed by the sponsor and the sponsor has obtained the master business license and permit as required in LMC 12.40.070.

(3) All structures employed on the site of the market shall comply with the requirements of the State Building Code, including but not limited to the International Building and Fire Code elements. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.040 Exemptions.

The provisions of this chapter shall not be applied to:

(1) Require any farmer, gardener or other person who sells any fruits, vegetables or other farm produce or edibles produced by such person within Cowlitz County, Washington, and exempt pursuant to RCW 36.71.090 from paying any fee or application to the city. Such persons are exempt from the business licensing requirement, but must be listed by the sponsor as a vendor when sales are conducted in conjunction with the market.

(2) Garage sales as defined in LMC 5.05.110(22) are exempt from the provisions of this chapter.

(3) The Farmers Market as permitted under Chapter 12.30 LMC. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.050 Prohibited activities.

It shall be unlawful for any person to own, use or permit property to be used for any of the following acts in conjunction with the market and unlawful for any person to conduct any of the following acts in conjunction with the market:

(1) The sale of any raw meat, fish or poultry product unless approved in writing for inclusion in the market by the Cowlitz County health department;

(2) The sale of any beverage or foodstuff unless appropriately licensed by the Cowlitz County health department;

(3) No sound amplification system shall be used in conjunction with the market which produces noise considered to be a nuisance by persons beyond the boundaries of the market area;

(4) The display or sale of any goods or services in violation of Chapter 19.70 LMC or violation of any of the provisions of LMC 9.22.050;

(5) The use of any inflatable amusement structures or play areas, including moonbounces and trampolines, except with advance written authorization by the director of public works;

(6) The use of mechanical amusement devices, except with advance written authorization by the director of public works; and

(7) The use of pyrotechnics and fireworks. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.060 Sponsor limited to nonprofit community-oriented organizations.

A master business license to operate a market shall be issued only to a nonprofit community-oriented organization. The determination of the nonprofit status will be in accordance with the United States Internal Revenue Code. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.070 License and permit requirements of sponsor.

(1) The sponsor shall pay an annual $50.00 fee for a master business license to operate a market. The master business license will authorize limited business activities in accordance with this chapter during the hours of daylight on Fridays and Saturdays during April, May, June, July, August, September and October. However, those Fridays, Saturdays and the permitted hours may be further limited in accordance with LMC 12.40.100(1)(a). At no time will the master business license be effective beyond October 31st of each year. At the time the sponsor submits an application for a master business license, the sponsor shall provide the following information:

(a) The name, address and principal business or activity location of the sponsor;

(b) A copy of the documents indicating the sponsor’s nonprofit status, as well as the nature and description of the sponsor’s business or activity that qualifies it to be a community-oriented organization;

(c) The name, address, telephone number, and e-mail address of the sponsor’s agent; and

(d) A list, including the contact name, address, telephone number and a general description of goods and/or services offered, of each and every vendor participating or anticipated to participate in the market. Any changes in the list of the vendors shall be provided to the city a minimum of three business days prior to the date of the proposed change (i.e., the first date at which the new vendor will participate in the market).

(2) The sponsor shall also be required to pay for and obtain a street and parking lot use permit from the department of public works in accordance with LMC 12.40.100. Failure of the sponsor to obtain a street and parking lot use permit will be grounds for revocation of the master business license and subject the sponsor to the penalties provided for in the Longview Municipal Code, including the unauthorized use of the public right-of-way and civil action for unauthorized use of the city’s real property.

(3) Upon the sponsor’s compliance with the terms and conditions of this chapter, the sponsor has the authority to grant written permission to vendors to engage in the display and sale of goods and/or services. Any person who engages in the sale or display of goods and/or services under this chapter without written permission granted by the sponsor shall be guilty of a misdemeanor; each day that a person engages in such business, or while his or her permission is suspended, shall constitute a separate offense. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.080 License requirements of vendor.

Every vendor, except as specifically exempted in LMC 12.40.040, shall be required to have or obtain a business license from the city. Each vendor shall also comply with any other licensing requirements that apply to the goods and/or services displayed or offered by the vendor. For instance, pawnbrokers and dealers of secondhand goods shall not conduct activities in accordance with a market until duly licensed in accordance with the provisions of Chapter 5.64 LMC. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.090 Records.

The sponsor of the market shall maintain a record of all vendors participating in the event as set forth in LMC 12.40.070(1)(d). Such record shall be available for inspection by the city clerk or a designated agent during normal business hours of city offices (that is, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays). (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.100 Street and parking lot use permit.

(1) A street and parking lot use permit may be issued by the department of public works to the sponsor, allowing the sponsor to conduct a market in the area approved by the permit, in accordance with the rules and regulations adopted by the sponsor and as approved by the city. Such street and parking lot use permit shall specify the conditions for use of the streets, alleys, and parking lots, street closure and signage requirements, and shall include, but not be limited to, the following conditions:

(a) The activity of the market will not interfere or conflict with street maintenance or construction work, or work on buildings or structures under an approved right-of-way permit, or other street use or parade permits approved by the city council; it is the intent of this provision that street and building construction, maintenance and repair, and city-wide celebrations including parades that include the market area as a part of the route thereof, shall have priority over the market.

(b) A copy of the market’s rules and regulations and any amendments thereto shall be filed in the office of the department of public works along with the street and parking lot use permit. Such rules and regulations shall be reviewed and approved by the city.

(c) Tents, canopies and/or other similar forms of shelter may be erected and maintained only during the time of street closure in compliance with the International Fire Code, Chapter 24. Such tents, canopies and/or other shelters may contain tables, chairs, benches, umbrellas, awnings, display racks, decorative items such as plants, pictures, works of art, and/or freestanding signs, including “sandwich board” signs as described in LMC 16.13.040. The department of public works shall establish reasonable conditions that shall be applicable to each vendor/participant of the market relating to said placement of tables, chairs, benches, umbrellas, awnings, display racks, and/or any other items which are proposed for placement in or on the market area. Any such tent, canopy and/or other similar forms of shelter, as well as any table, chair, bench, umbrella, awning, display rack and/or any other items which are placed for the purposes of the market, shall be taken down and/or removed at the close of the market each day for single day events, and at the end of the market period for each consecutive day event.

(d) The sponsor shall, as a condition of being granted a street and parking lot use permit, agree, in its behalf and on behalf of all of its vendors/participants to whom or to which it grants permission to engage in sales and displays under the provisions of this chapter and in accordance with the market’s rules and regulations, to indemnify and hold the city, including its elected or appointed officials and officers, employees, contractors, agents and/or volunteers, free and harmless from all liability arising by reason of the use and/or occupancy of the market area, or any portion thereof for such purposes, and at all times during the duration of such permit and activity, and shall maintain public liability and property damage insurance in an aggregate amount of not less than $1,000,000 per incident, naming the city of Longview as a co-insured. An acceptable certificate of insurance shall be filed with the department of public works prior to the issuance of a permit under this chapter.

(e) The sponsor, and all vendors/participants to whom or to which it grants permission to engage in sales and/or displays, shall keep and maintain the sidewalks, medians and planting strips, and pedestrian and fire access lanes in the market area, in a clean, neat and safe manner at all times, and shall leave the entire market area in a neat and clean manner after the conclusion each day of the conduct of the sales and display activities provided for herein.

(f) No electrical cords or wiring shall be permitted which interfere with pedestrian traffic, and all electrical wiring shall comply with the provisions of Chapter 16.24 LMC.

(g) Provisions for garbage control shall be provided in accordance with the street and parking lot use permit. Garbage receptacles shall be strategically located and have sufficient capacity to accommodate the vendors and estimated members of the public in attendance. In addition, the area shall be kept clean of rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The sponsor shall be responsible to keep the area clean. The area to be kept clean shall include the market area and the area immediately surrounding the market area.

(h) Except as may otherwise be provided for in the street and parking lot use permit, provisions for discharge of waste water shall comply with Chapters 15.26 and 16.02 LMC.

(i) The street and parking lot use permit shall specify the traffic control requirements as determined by the director of public works. Except as otherwise approved by the city council, the sponsor shall be solely responsible for the costs of the required traffic control, including the option of retaining of a private firm to carry out the traffic control; such private firm shall maintain proper traffic control certification and is subject to approval by the director of public works.

(j) Any signage shall be in compliance with Chapter 16.13 LMC.

(k) The fire marshal shall designate appropriate fire lanes through the market area. These fire lanes are intended for pedestrian use and shall be kept free of structures, debris or other blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the master business license and street and parking lot use permit.

(l) The police chief may, in his/her sole discretion, require that security personnel be provided by the sponsor during times and in a number designated by the police chief.

(m) Pedestrian walkways shall be maintained free and clear of all obstructions at all times, and shall allow for a continuous walkway along the length of the market area.

(n) Except as may otherwise be provided for in the street and parking lot use permit, landscaped areas and areas containing trees and the dirt areas around such trees shall not be disturbed or used in connection with market activities.

(o) Pedestrian entrances to all buildings shall be maintained free and clear of all obstructions at all times.

(2) Failure to comply with the provisions of this section and the street and parking lot use permit, including the maintenance of pedestrian walkways, shall constitute grounds for suspension of any master business license and/or permit granted under this chapter. The director of public works shall have the power and authority to order such suspension if the sponsor and/or the vendors fail to heed a written warning issued by said director or his/her designee. Such suspension shall be for not less than one calendar week. More than two suspensions within any calendar month will result in revocation of the master business license and permit hereunder issued to the sponsor for the market. In the event of the cancellation or termination of required insurance coverage, and/or of the suspension or revocation thereof, the master business license and permit issued to the sponsor shall be suspended until such insurance is reestablished. Upon written request of the sponsor, a hearing before the city manager shall be conducted with regard to any revocation. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.110 Administration.

The license for a market may be revoked at the discretion of the city manager or his/her designee at any time for failure to comply with the provisions of this chapter or for violation of any other provision of the city code. Notice of revocation shall be personally served on the sponsor’s agent or, in the absence of the agent, any officer, director, or other bona fide representative of the sponsoring community-oriented organization, at least 24 hours prior to the date such revocation shall be effective. The sponsor may request a hearing before the Longview city council; provided, however, that in the interim no activity shall be conducted until such time as the Longview city council has heard the appeal of the sponsor from the original determination of the city manager or his/her designee. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).

12.40.120 Violation of the provisions of this chapter – Civil infraction.

Any person violating any of the requirements of this chapter shall be guilty of a civil infraction and shall be punishable by a fine of up to $1,000. Each day of violation shall be a separate offense. This provision for penalties shall be in addition to any other penalties provided by the Longview Municipal Code or other applicable laws. (Ord. 3168 § 1, 2011; Ord. 2992 § 1, 2007).