[Ord. of 3-3-1980; Ord. of 5-10-2004]
For the purpose of this chapter, the following terms are to
be deemed and construed to have the meaning indicated in this section:
A gathering of vendors who are engaged in the growing or
production of farm produce, for the purpose of retail sale of their
produce to the public. Such a gathering is further characterized by
the lack of permanent display or storage.
Any individual, partnership or corporation other than a nonprofit
group described in (2) above who would undertake to organize and operate
a farmers' market.
Any local, social, charitable agricultural, educational,
fraternal, religious or benevolent organization incorporated under
Title 13, Maine Revised Statutes, Chapter 81, § 901.
[Ord. of 3-3-1980; Ord. of 5-10-2004]
It shall be unlawful for anyone to operate a farmers' market in the City of Old Town without first obtaining a farmers' market license provided for by § 6.5-3 of this chapter.
(a)
Issuance generally. A farmers' market license may be issued
by the City Council if it finds the proposed market promotes the general
welfare of the residents of the City.
(b)
Application for licenses. Application for a farmers' market
license shall be made on application forms provided by the City Clerk,
approved by the City Council, and shall, among other things set forth:
(1)
Name, telephone number and address of the sponsoring group or
sponsor;
(2)
Name, telephone number and address of the person designated
by the sponsoring group as responsible for the project;
(3)
The proposed location of setup accompanied with diagram of arrangement
of vendors.
(4)
The proposed opening and closing dates and the proposed day(s)
and hours of operation;
(5)
The maximum number of vendors allowed at the farmers' market
(no more than five vendors per day);
(6)
Provisions relating to the operation of the market regarding
the maintenance of public safety and sanitation;
(7)
Such other information as the City Council may, in its discretion,
require.
(c)
Licensing authority for renewals. Upon receipt of an application to relicense the same activity that has been previously approved by the City Council, the City Clerk is hereby vested administrative authority to grant or deny a renewal license in accordance with the provisions of this chapter. In the event the application is denied, the City Clerk shall give the applicant written notice. The applicant may appeal a decision by the City Clerk to deny a license to the City Council within 30 days of receipt of written notice. The City Council will review the appeal by using the same appeal process established in § 6.5-4.
(d)
Conditions of farmers' market license. The farmers' market
license is subject to such rules and regulations as the City Council,
with advice of the sponsor or sponsoring group, may from time to time
promulgate.
(e)
Duration of farmers' market license. Farmers' market licenses
will expire on the last day of October of each year.
(f)
Transfer of farmers' market license. No farmers' market
license may be transferred without consent of the City Council.
(g)
The applicant must certify on the application that none of the produce
to be sold will be raised/grown outside the State of Maine. All vendors
not residing in the City of Old Town must obtain from the City Council,
selectman, or town/City Clerk where they reside, a certificate of
qualifications to the effect that they reside in the town or own or
rent in the town property capable of being cultivated.
(h)
Public liability insurance must be filed with the City Clerk's
office before your license can be issued. This insurance must name
the City of Old Town as the "additional insured" and must be in the
amount of at least $100,000.
(i)
Crafts, souvenirs, meat, poultry (including shellfish/seafood) cannot
be sold at the farmer's market.
(j)
In the event the City grants a special event permit during the term
of the license for an event which is to take place at the same location
designated for the farmer's market, the licensee agrees to temporarily
relocate during the special event to a new location designated by
the parks and recreation director.
[Ord. of 5-10-2004]
(a)
The code enforcement officer, fire inspector or health officer may
suspend a license upon a determination of a violation of the terms
of this article, other City ordinances or state law. Licenses may
be revoked after notice and hearing by the City Council based upon
falsehood, misrepresentation or omissions of information that was
listed on the application for the license or for cause.
(b)
Any applicant or holder of a license may appeal a suspension of a
license by the code enforcement officer, fire inspector or health
officer to the City Council within 30 days of receipt of a written
notice. The City Council shall hold a public hearing within 21 days
after receipt of a written notice of such appeal. The appeal must
be in writing and filed with the City Clerk and suspending officer
(code enforcement officer, fire inspector or health officer). The
suspending officer shall be present at the hearing. The City Council,
after such hearing, may vote to revoke the license or modify the decision
of the code enforcement officer, fire inspector or health officer
to suspend a license if the City Council determines that:
[Ord. of 5-10-2004]
Any person who shall violate a provision of this chapter or code or shall fail to comply with any of the requirements thereof, or who shall violate any permit or license issued pursuant to this chapter or code, shall be subject to penalties and provisions as defined in § 1-8 of the Code for the City.
[Ord. of 3-3-1980; Ord. of 5-10-2004]
The provisions of this chapter shall be severable and if any
phrase, clause, sentence, section or provision, or the application
thereof, shall be held invalid, the remainder of this article and
the application thereof shall not be affected thereby.
