§ 110.09. FARMERS' MARKET.
(1)
Findings.
(a)
Farmers' markets bring fresh, locally grown produce directly into the Town, which promotes better nutrition and healthier living.
(b)
Farmers' markets provide direct education about the relationship between land use, food production, and efficient delivery of produce directly to consumers.
(c)
Farmers' markets bring people outdoors to walk and mingle with others, engendering community solidarity and connecting suburban residents with farmers.
(d)
Farmers' markets contribute to the physical and mental well-being of individuals and the community.
(e)
Visiting or shopping at a farmers' market can provide a meaningful recreational experience for individuals.
(f)
Farmers' markets contribute to an active and attractive pedestrian environment.
(g)
Reasonable regulation of farmers' markets is necessary to protect the public health, safety and welfare.
(h)
Farmers' market vendors are not considered sidewalk vendors subject to the sidewalk vending ordinance nor are they considered peddlers or solicitors subject to the peddlers and solicitors ordinance.
(2)
Approval process.
(a)
The application for a farmers' market shall include the following information:
1.
The name and contact information for the farmers' market operator.
2.
A description of the types of food, plants, and arts and crafts to be sold.
3.
A site plan of the proposed location of the farmers' market.
4.
An estimation of the number of booths in the farmers' market.
5.
A description of the size of each booth in the farmers' market.
6.
If the proposed location is not owned by the farmers' market operator, proof that the property owner has given permission for the farmers' market to be held on his/her property.
7.
The Town Administrator may require evidence of compliance with other regulations, such as health and fire regulations.
8.
The Town Administrator may require proof of an insurance policy, issued by an insurance company licensed to do business in the State, protecting the owner and the Town from all claims for damage to property and bodily injury, including death, which may arise from operations under or in connection with the owner. Such policy shall be a general liability policy naming the farmers' market operator as insured in an amount not less than five hundred thousand dollars ($500,000.00) per occurrence and one million dollars ($1,000,000.00) aggregate combined single limit for bodily injury, personal injury and property damage. The policy shall specifically provide that the insurer shall provide written notice to the Town at least thirty (30) days prior to cancellation, termination or modification of the coverage.
9.
Such other information as the applicant may choose or as may be requested by the Town Administrator.
(b)
In determining whether to approve a farmers' market, the Town Administrator shall determine, given the information submitted in the application, whether the farmers' market will be able to meet the regulations of the Farmers' Market Ordinance. The approval of a farmers' market shall be granted as a privilege and not as a matter of right. If approved, the Town may require changes to the farmers' market, such as, but not limited to, the temporary suspension or relocation of the farmers' market as deemed necessary for the protection of public interests.
(c)
The farmers' market application must be submitted to the Town Administrator at least sixty (60) days prior to the desired start date of the farmers' market.
(d)
The Town Administrator shall make a decision regarding whether to approve a farmers' market application within a reasonable time after receiving the application, which generally shall not exceed sixty (60) days.
(3)
South Carolina Department of Agriculture approval as community based farmers' market required; minimum number of vendors required.
(a)
The farmers' market must be approved by the South Carolina Department of Agriculture as a community based farmers' market.
(b)
In order to be considered a farmers' market under this section, at least five (5) different vendor businesses must participate in the farmers' market.
(4)
Licensure requirements for farmers' markets not operated by the Town of Lexington. This section pertains to farmers' markets that are not operated by the Town of Lexington.
(a)
It shall be unlawful to hold a farmers' market without first obtaining a business license therefore. Each farmers' market shall obtain an umbrella business license for the entire market.
(b)
Individual farmers' market vendors are not required to obtain a business license for their booths. However, individual farmers' market vendors are required to report sales on a uniform accounting sheet at the end of each market day to the market operator prior to leaving the premises. Any farmers' market vendor who fails to report sales to the market operator at the end of each market day shall not be permitted to return to the farmers' market.
(c)
At the end of the calendar year, the farmers' market operator must provide the Town with an accounting of each booth's gross income for the year.
(5)
Licensure requirements for farmers' markets operated by the Town of Lexington. This section pertains to farmers' markets that are operated by the Town of Lexington.
(a)
Individual farmers' market vendors are required to obtain the following:
1.
Vendors without a physical location (other than the farmers' market) in the Town of Lexington are required to obtain a farmers' market vendor permit at a cost of two hundred twenty-five dollars ($225.00) for the full season, seventy dollars ($70.00) for the first day of the season that they participate in the market, or thirty dollars ($30.00) for each day within the season thereafter. This permit includes a business license fee, and satisfies all Town of Lexington business license requirements with respect to participation in the farmers' market for vendors with no physical location in the Town of Lexington. This permit includes a business license fee. The vendors must display their farmers' market vendor permits and business licenses at their booths.
2.
Vendors with a physical location in the Town of Lexington are required to obtain a farmers' market vendor permit at a cost of one hundred twenty-five dollars ($125.00) for the full season or twenty dollars ($20.00) for one (1) day. Because businesses with a physical location in the Town of Lexington have business licenses for that location, they are not required to pay an additional business license fee to participate in the farmers' market. The vendors must display their farmers' market vendor permits and business licenses at their booths.
(b)
License and permit fees fee to be waived during first year of participation. Notwithstanding the above, and in order to encourage participation in the Town of Lexington Farmers' Market, the business license fee shall be waived for out-of-town vendors without a physical location in town, and the farmers' market vendor permit shall be waived for all participants during their first year of participation in the Town of Lexington Farmers' Market.
(6)
Permitted merchandise.
(a)
No merchandise shall be sold by a farmers' market vendor except for the following: food products grown primarily by the booth operators themselves, plant materials grown primarily by the booth operators themselves, and arts and crafts produced primarily by the booth operators themselves.
(7)
Prohibited locations.
(a)
No farmers' market [shall] be held in a location where the International Building Code, International Fire Code, Town of Lexington Zoning Ordinance, or other regulations prevent it.
(b)
Additionally, no farmers' market may be held:
1.
At any location that does not provide a clear passageway for pedestrians of at least four feet (4') in width.
2.
Within ten feet (10') of an entrance to any building.
3.
At any location where it would obstruct pedestrian traffic at crosswalks or sight clearance at intersections.
4.
In any zoning district except those zoned commercially or industrially, or in a public park regardless of the zoning district of the park.
5.
In determining whether a proposed location is suitable for a farmers' market, the Town Administrator may rely on the professional judgment of public safety personnel, such as, but not limited to, the fire marshal and police chief.
(8)
Prohibited conduct.
(a)
No farmers' market vendor shall:
1.
Have a booth on any street, sidewalk or parking lot where a farmers' market is prohibited.
2.
Operate a booth between eleven (11:00) p.m. and six (6:00) a.m. of the following day.
3.
Leave booth unattended.
4.
Store, park or leave any booth overnight on any street, sidewalk or parking lot.
5.
Sell food or beverages for immediate consumption unless there is a litter receptacle which is available for patron's use.
6.
Leave any location without first picking up, removing and disposing of all trash refuse remaining from sales made by the vendor.
7.
Violate the Health and Sanitation Ordinance of the Town of Lexington.
8.
Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under a booth.
9.
Solicit or conduct business with persons in motor vehicles.
10.
Sell anything other than the items listed as permissible above.
11.
Sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifiers or similar device to attract the attention of the public.
12.
Operate no more than one (1) time per week.
(9)
Advertising for farmers' markets not operated by the Town of Lexington. This section pertains to farmers' markets that are not operated by the Town of Lexington.
(a)
Advertising within a booth is considered exempt from the Sign Ordinance. Advertising outside a booth is considered nonexempt from the Sign Ordinance. The farmers' market operator is allowed to have a permanent or temporary sign as an individual business under the Sign Ordinance.
(b)
No vehicle with a sign attached or painted on it may be conspicuously parked in close proximity to the right-of-way in such a way to advertise a business or the farmers' market to the passing motorist or pedestrian.
(10)
Advertising for farmers' markets operated by the Town of Lexington. This section pertains to farmers' markets that are operated by the Town of Lexington.
(a)
Vendors at farmers' markets that are operated by the Town of Lexington shall obtain a banner for their booths that is produced by the Town of Lexington. The fee for this banner shall be seventy-five dollars ($75.00). The purpose of this banner is to create a uniform appearance between the booths.
(b)
Advertising within a booth is considered exempt from the Sign Ordinance. Advertising outside a booth is considered nonexempt from the Sign Ordinance. The Town of Lexington shall post such signage that it deems necessary to promote the farmers' market with exemption from the Sign Ordinance requirements.
(c)
No vehicle with a sign attached or painted on it may be conspicuously parked in close proximity to the right-of-way in such a way to advertise a business or the farmers' market to the passing motorist or pedestrian.
(11)
Penalty.
(a)
Whoever violates any provision of this chapter for which no penalty is otherwise provided, shall be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed on each day that a violation occurs or continues.
(Ord. 2009-16, § 1, passed 8-3-09; Ord. 2011-09, § 1, passed 5-2-11)