Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point as Ch. 21 of the 1961 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation licenses and permits — See Ch. 375.

§ 362-1 License required.

No person shall, directly or indirectly, offer for sale, distribute, or sell produce or value-added products as defined in this chapter unless such activity is conducted within a duly licensed farmers market pursuant to this chapter. The foregoing notwithstanding, a farmers market license is not required for restaurants, grocery stores or other retail operations where the principal use of the property includes sale of produce, food and/or value added products, provided that such operations are properly zoned and operated in compliance with applicable laws.

§ 362-2 Application for license.

The application for a farmers market license shall be made in writing on a form provided for such purpose by the Village, on which shall be stated:
A. 
The name or names and address of the applicant, and if a corporation or association, the names and addresses of the officers and managers, and if a partnership, the names and addresses of the partners, and the location of the principal office or residence of the applicant;
B. 
The location and type of proposed food service establishment in the Village of Fox Point; and
C. 
Such other information as the Village of Fox Point shall require.

§ 362-3 License prohibited for delinquent taxes.

No farmers market license as defined in this chapter shall be:
A. 
Approved for any applicant who is:
(1) 
Delinquent in the payment of any real property taxes, assessments, special assessments, sanitary sewer assessments, personal property taxes, special charges, professional fee reimbursements, or other claim owed to the Village of Fox Point.
(2) 
Delinquent in the payment of a forfeiture resulting from the violation of any ordinance of the Village of Fox Point.
B. 
Issued for any premises or property for which real property taxes, assessments, special assessments, sanitary sewer assessments, personal property taxes, special charges, professional fee reimbursements or other claims of the Village of Fox Point are delinquent and unpaid.

§ 362-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FOOD
Includes all items used for food, drink, or condiment, whether simple, mixed, or compounded, and items used or intended for use as ingredients in the composition or preparation of food and shall include meat and meat products, poultry and poultry products and dairy products. "Food" shall include fruits and vegetables, commonly known as produce, only to the extent such products have been processed, canned, packaged, or otherwise prepared for sale other than in their natural grown state.
PRODUCE
Includes fruits and vegetables in an unprocessed form, offered for sale in the same condition and state as harvested, excepting any wrapping, or packaging which does not alter their naturally grown state or condition.
VALUE-ADDED PRODUCTS
Bakery goods, beverages, cheese, dog biscuits, eggs, flowers, herbs, herb products, honey, maple syrup, meat, plants, popcorn, poultry, soap and sorghum.

§ 362-5 Farmers market restrictions.

Farmers market operations are subject to the following restrictions:
A. 
Location. A farmers market may be conducted at such places as designated by the Village Board, including Village property.
B. 
Vendors. Vendors at a farmers market must rent or own the land on which the products are grown.
C. 
Produce. Produce sold at a farmers market must be planted, maintained, harvested, and marketed by the vendor, or the vendor's family member(s) or the vendor's paid employee(s).
D. 
License. A farmers market will be conducted under a license issued to a single individual or entity conducting the market. The farmers market licensee may allow additional vendors to operate within the farmers market, provided that the licensee is responsible for ensuring that the vendors comply with the requirements of this Code and all applicable laws.
E. 
Term. Farmers market licenses shall have a one-year duration commencing January 1 and terminating December 31. The rules and regulations of the farmers market may further limit the commencement and termination of the farmers market operation.
F. 
Fees. The Village Board, from time to time, may establish a fee that applies for the issuance of a farmers market license. No farmers market license shall be issued until the applicable fee is paid.
G. 
Rules and regulations. The licensee shall submit to the Village Manager the licensee's rules and regulations that the licensee will enforce regarding the operation of the farmers market. The farmers market operation shall not commence unless and until the rules and regulations are approved in writing by the Village Manager. If approved, no revisions shall be made thereto absent the written approval of the Village Manager. The rules and regulations shall include, but not necessarily be limited to, the following requirements:
(1) 
Persons selling must be family members, paid employees, or paid independent contractors. No brokers, agents or commissioned sellers may sell produce at the market.
(2) 
All vendors must hold and display required local and state licenses.
(3) 
Vendors, prior to participation, shall agree in writing to protect, indemnify, defend, and hold harmless the Village of Fox Point, its boards, commissions, officers, employees and agents, from and against any causes of action, claims, demands, suits, liability, or expense by reason of loss or damage to any property or bodily injury to any person, including death, as a direct or indirect result of use of any rented or occupied market space or in connection with any action or omission of the vendor. This written document shall be in a form approved by the Village Manager, and shall be provided to the Village Clerk/Treasurer prior to the vendor's participation at the farmers market.
(4) 
Such additional rules and regulations as may be required by the Village Manager.

§ 362-6 Prohibited activities.

No person shall manufacture, prepare for sale, expose for sale, transfer, sell, or deliver food or produce unless such is securely protected from filth, flies, dust, or contamination or unclean, unhealthful, or unsanitary conditions. No person shall keep for sale, offer for sale, sell, transfer, or deliver any drugs not conforming to the rules and standards of the United States Pharmacopoeia. No person shall manufacture, prepare for sale, expose for sale, transfer, sell, or deliver any water, liquids, ice, or food or produce which shall be impure, unwholesome, adulterated, or to which any harmful or injurious foreign substance has been added.

§ 362-7 Display of license.

All persons licensed under the provisions of this chapter shall immediately post the license in some conspicuous part of the premises on which the business is carried on, and such license shall remain posted during the period for which the license is in force.

§ 362-8 Violations and penalties.

Any person violating any provision of this chapter shall be subject to the penalties set forth in § 1-4 of the Municipal Code.