Los Banos City Zoning Code
ARTICLE 42
CERTIFIED FARMERS' MARKETS
§ 9-3.4201 Purpose.
The general purpose of this article is to establish a legal framework for the operation of certified farmers' markets within the City of Los Banos, as approved by the Community Development Director; to assure that the certified farmers' markets complement rather than conflict with adjacent use; and to ensure that a certified farmers' market is maintained primarily as an outlet for farmers to sell their products directly to consumers, while maintaining some product diversity in order to better meet the needs of customers.
(§ 1, Ord. 1135, eff. November 21, 2015)
§ 9-3.4202 Definitions.
Terms that are defined or described by the provisions of Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, and related regulations promulgated thereunder, as the same may be amended from time to time, are intended to have their same meaning under the provisions of this article, unless a different meaning is expressly set forth herein. For the purposes of this article, the following words and phrases shall have the meanings given to them by this section, unless the context otherwise requires:
shall mean a location approved by the Merced County Agricultural Commissioner where agricultural products are sold by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users, meeting the requirements of California Code of Regulations Title 3, Section 1392 et seq., as those sections now exist or may hereafter be amended. A certified farmers' market may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency.
shall mean a certificate issued by the Merced County Agricultural Commissioner authorizing the location where agricultural products are sold by the producers directly to consumers, or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. The certificate is valid only when bearing the original signatures of the county Agricultural Commissioner and the authorized representative of the certified farmers' market. Upon receipt of a certified farmers' market certificate, an operator shall assume and retain responsibility for all aspects of the operation of a certified farmers' market at the location specified; including, but not limited to, legal, financial and regulatory compliance requirements.
shall mean a local government agency, one or more certified producers, or a non-profit organization who has received a certified farmers' market certificate from the Merced County Agricultural Commissioner, and who or which manages a certified farmers' market under a certified farmers' market permit issued by the City.
means the actual costs which a department of the City incurs in connection with activities for which a certified farmers' market permit is required under this article, including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, the closure of streets or intersections, the diverting of traffic, the salaries of City personnel involved in administration or coordination of City services for the event, the cost to the City to provide support personnel, equipment, materials and supplies, cleanup and restoration, and related City costs, such as fringe benefits or employee overtime. Departmental service charges shall not include costs incurred by the City to provide ordinary levels of police protective services to those engaged in activities or conduct for which a special event permit is required pursuant to this article.
(§ 1, Ord. 1135, eff. November 21, 2015)
§ 9-3.4203 Certified farmers' market permit required.
(a)
No person, business entity, or organization of any kind shall maintain, operate, or conduct a certified farmers' market in the City without first obtaining a certified farmers' market permit issued by the City in accordance with this article.
(b)
No person shall sell or offer to sell any item at a certified farmers' market unless authorized by the market operator pursuant to a valid certified farmers' market permit issued to the market operator by the City pursuant to this article.
(c)
One business license and one certified farmers' market permit issued to the market operator shall be sufficient for all vendors of an approved certified farmers' market.
(§ 1, Ord. 1135, eff. November 21, 2015)
§ 9-3.4204 Permit period.
An approved certified farmers' market permit shall expire one year from the date of issuance.
(§ 1, Ord. 1135, eff. November 21, 2015)
§ 9-3.4205 Application for certified farmers' market permit.
A certified farmers' market operator desiring to establish a certified farmers' market in the City of Los Banos shall submit a written application for a permit to operate in a form acceptable to and with all supporting information required by the Community and Economic Development Department. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid yearly for such renewal application. The permit application shall not be deemed complete until the permit fee has been paid. Permits to operate are nontransferable.
(a)
The applicant shall be an authorized representative of the certified farmers' market operator.
(b)
The application shall include all of the following information:
(1)
Site plan;
(2)
Hours of operation and dates;
(3)
Description of parking available to patrons and growers;
(4)
Provisions for water and sanitary facilities (toilets);
(5)
Description of requested signage;
(6)
If located on private property, documentation indicating that the property owner consents to use of the property as a certified farmers' market;
(7)
A copy of the certified farmers' market certificate issued by the Merced County Agricultural Commissioner;
(8)
A copy of the rules and regulations pertaining to the operation of the certified farmers' market;
(9)
Other information as required by the Community and Economic Development Director.
(§ 1, Ord. 1135, eff. November 21, 2015)
§ 9-3.4206 City review and determination.
(a)
Within three business days of receipt of a complete certified farmers' market permit application, the Community and Economic Development Director shall circulate the application to affected City departments for comments. The Community and Economic Development Director shall also circulate a notice of receipt of the application to property owners within three hundred (300′) feet of the property proposed for the market location for comments. Comments from affected City departments and property owners shall be returned to the Community and Economic Development Director within 10 calendar days of the circulation of the notice of receipt of application. Within 30 calendar days of receiving the complete certified farmers' market permit application, the Community and Economic Development Director shall render a decision to approve or deny the permit and mail a copy of the decision to the applicant.
(b)
The Community and Economic Development Director shall grant the certified farmers' market permit application upon a finding that the establishment, maintenance or operation of the certified farmers' market will not, under the circumstances of the particular case, be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of such proposed certified farmers' market, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
(c)
In approving an application for a certified farmers' market permit, the Community and Economic Development Director may impose reasonable conditions restricting operational characteristics to mitigate any potential adverse effects on the neighborhood or surrounding area in addition to the standards for permit as set forth in Section 9-3.4207, including, but not limited to, number of vendors, seasonal market duration, days of operation, hours of operation, site location, parking, signage, or otherwise, when such restrictions are deemed necessary in the interest of public health and safety.
(§ 1, Ord. 1135, eff. November 21, 2015)
§ 9-3.4207 Standards for permit.
(a)
The certified farmers' market operator shall insure that all sellers currently have and display at the market all appropriate permits, licenses and certificates, and comply with all applicable Federal, State and local laws, ordinances and regulations.
(b)
No certified farmers' market shall be permitted to operate in any residential zone districts within the City with the exception of a public park, school grounds, or church property.
(c)
No certified farmers' market shall operate on City-owned property or in the public right-of-way without prior written approval from the office of the City Manager which may be conditionally approved or denied in the sole discretion of the City Manager.
(1)
All certified farmers' markets conducted on City property or in the public right-of-way shall have on file with the Community and Economic Development Department, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the operator is insured (and naming the City as an additional insured) under a liability insurance policy providing minimum coverage of One Million and No/100ths ($1,000,000.00) Dollars for injury or death arising out of the operation of the certified farmers' market.
(2)
All certified farmers' markets conducted on City property or in the public right-of-way shall be required to execute a hold harmless agreement in a form approved by the City.
(3)
All certified farmers' markets conducted on City property or in the public right-of-way shall be responsible for any damage by reason of the use of public property and shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.
(4)
All certified farmers' markets conducted on City property or in the public right-of-way shall be responsible for all City departmental service charges, as the same are defined in this article, which are incurred in connection with or resulting from the permittee's activities under the permit.
(d)
Operation of a certified farmers' market shall be limited to no more than two consecutive days per week. The City may further limit the days of operation in accordance with Section 9-3.4206(c).
(e)
The certified farmers' market area shall at all times be maintained in a clean and sanitary condition.
(f)
The certified farmers' market shall at all times comply with all conditions of the certified farmers' market permit.
(g)
All certified farmers' markets, and each certified producer, producer and/or other vendor shall completely remove all equipment, merchandise and other materials, including, without limitation, waste materials, from the site upon of the conclusion of their respective activities.
(h)
The certified farmers' market shall operate only on improved surfaces, including, but not limited to, pavement or lawn.
(i)
The certified farmers' market shall not offer for sale or otherwise distribute any alcoholic beverage.
(j)
The certified farmers' market shall not use amplified sound for any purpose.
(k)
The certified farmers' market shall operate as a physically cohesive collection of vendors on a site, excepting only those limited physical separations as may be required by State or local law for vendors of non-agricultural products located near a certified farmers' market.
(l)
The certified farmers' market shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site.
(m)
The certified farmers' market shall have secured with the property owner of the site on which the certified farmers' market plans to operate, and prior to the commencement of any operation of the certified farmers' market, provision for all of the following:
(1)
Refuse disposal and sufficient trash and recycling receptacles within the area of the certified farmers' market;
(2)
Litter removal within and within the boundaries of the certified farmers' market; and
(3)
Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.
(§ 1, Ord. 1135, eff. November 21, 2015)
§ 9-3.4208 Suspension/revocation of permit.
(a)
Violation and noncompliance. The Community and Economic Development Director or designee may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this article. If a suspended permit lapses during the suspension period, a new application must be filed at the end of the suspension period. In any such case, the permit holder shall have the right to appeal in the time and manner set forth in this section.
(b)
Revocation and suspension of permit to operate. When the City concludes that grounds for denial, suspension, revocation or refusal to renew a permit to operate exist, he or she shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residential address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit.
This notice shall state:
(§ 1, Ord. 1135, eff. November 21, 2015)
§ 9-3.4209 Appeal.
The decision of the Community and Economic Development Director or designee may be appealed as provided by the appeal procedure provided in Part 6 of Article 23 of this chapter.
(§ 1, Ord. 1135, eff. November 21, 2015)