This chapter shall constitute and be known as the "Market Ordinance of the City of Rochester."
In this chapter, the words import singular or plural as the case demands. As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER The Commissioner of Recreation and Human Services, or his or her designee.
[Added 9-1-1987 by Ord. No. 87-299; amended 6-20-2006 by Ord. No. 2006-196; 10-13-2020 by Ord. No. 2020-316]
COMMISSION MERCHANT A person who receives any kind of farm produce on consignment as the agent for another or who buys outright and sells or offers for sale such produce from an established business location on a jobbing or wholesale basis for resale purposes.
CONSUMER A person who buys produce for the purpose of consuming it himself or herself or of selling it in prepared form in a restaurant, hotel or other eating place.
[Amended 2-14-2006 by Ord. No. 2006-22]
DEALER Any person who is a resident of Rochester or Monroe County and who buys products outside of the market, none of which are grown in New York State, and trucks to the Public Market the whole or any portion of the products sold or offered for sale by him or her and sells such products from a stall space in the Public Market which he or she has rented on a seasonal basis.
[Amended 4-9-1963; 9-3-1985 by Ord. No. 85-383; 2-14-2006 by Ord. No. 2006-22]
FARMER-DEALER A person who buys products outside of the market that are grown only in New York State and trucked to the Public Market, the whole or any portion of the products sold or offered for sale by him or her, and sells such products from a stall space in the Public Market, which he or she has rented on an annual basis.
[Amended 4-9-1963; 2-14-2006 by Ord. No. 2006-22]
FORESTALLING To intercept any person on his or her way to the Public Market to buy up or attempt to buy up a part or all of his or her product or to dissuade or attempt to dissuade him or her from proceeding to the Public Market, for the purpose of reselling goods so bought or of decreasing the amounts or enhancing the prices of products offered for sale on such market.
[Amended 2-14-2006 by Ord. No. 2006-22]
GROWER-FARMER A person who is actually engaged in the business of growing farm products on land owned or leased by himself or herself, or a member of the family of such person, or an employee of such person for a salary or wage, who sells or offers for sale products grown in New York State from a stall space in the Public Market, provided that such products shall consist of at least 50% of his or her own production.
[Amended 4-9-1963; 2-14-2006 by Ord. No. 2006-22]
HUCKSTER Any person who purchases products upon the market or elsewhere and offers the same for sale on the City streets or alleys outside of the market or sells to consumers on or at the market under a license issued pursuant to the provisions of Chapters
68 and
62 of this Code.
PERSONS Includes natural persons, partnerships, associations and corporations.
PUBLIC MARKET or MARKET The space designated in this or other like chapter on which shall be carried on the buying or selling of farm products during specified days and hours.
SUPERVISOR OF MARKETS The Supervisor of Markets as provided for in the Charter of the City of Rochester, who shall also be the Market Master, or any representative in the Market Bureau to whom the duties and powers of such Supervisor of Markets shall be delegated.
[Amended 9-3-1985 by Ord. No. 85-383]
VENDOR One who sells on the market.
That tract of land within the City of Rochester south of Pennsylvania Avenue bounded on the north by private property fronting on the tract from North Union Street to First Street, on the east by private property fronting on the tract from Peck Street to Railroad Street across Railroad Street to the property line of the New York Central Railroad, on the south by the property of the New York Central Railroad and on the west by the center of North Union Street, together with adjoining parcels of land on the north and east, which territories are more fully described by metes and bounds in a map on file in the office of the City Engineer, is hereby declared to be the public market known as the "Rochester Public Market" and subject to the provisions of this chapter.
[Amended 5-11-1954; 2-23-1960; 2-10-1981 by Ord. No. 81-46; 9-3-1985 by Ord. No. 85-383]
A. Only wholesome food products, except those which are hereinafter prohibited, may be sold on the Public Market. Livestock, except rabbits, goats, lambs and poultry, shall not be sold on the public market.
B. There may also be sold on the market at times designated by the Supervisor of Markets or the Commissioner certain other produces of the farm, garden or forest or other new merchandise.
[Amended 9-1-1987 by Ord. No. 87-299]
C. On days on which the Public Market is not open for the sale of food products, the Commissioner may authorize the use of the market for the sale of other merchandise.
[Amended 9-1-1987 by Ord. No. 87-299]
[Amended 5-11-1954; 2-23-1960; 3-22-1960; 4-9-1963; 2-10-1981 by Ord. No. 81-46; 9-3-1985 by Ord. No. 85-383]
A. Stalls, stands or spaces in the Public Market shall be leased according to the requirements established in this section.
B. Every person who desires to lease a stall, stand or space on the Public Market on either a daily, weekly, monthly or annual basis shall first register in the office of the Supervisor of Markets and fill out, under oath, an application giving such information with reference to the applicant's name, address, character, nature, extent and location of his or her business and such other information as may be deemed necessary by the Supervisor of Markets and the Commissioner for the protection of the public welfare and the proper administration of the market.
[Amended 9-1-1987 by Ord. No. 87-299; 2-14-2006 by Ord. No. 2006-22]
C. The Supervisor of Markets shall issue an official identification which shall be prominently displayed by all persons selling on the market as prescribed in the rules and regulations of the Public Market.
D. The Public Market shall be operated as an enterprise activity without cost to the taxpayers of the City of Rochester. The Commissioner shall establish minimum rental rates for the use of the market in order to assure the balanced financial operation of the market enterprise.
[Amended 9-1-1987 by Ord. No. 87-299]
E. The Supervisor of Markets shall designate the stalls, stands or spaces on the Public Market which shall be leased to persons wishing to sell on the market.
F. The Commissioner shall cause the stalls, stands or spaces to be leased on the Public Market on a first-come-first-served basis at the minimum rental rate or direct an auction of the stalls, stands or spaces for the season, after establishing minimum bids to be required at said auction. In years without an auction, a person who rented a stall, stand or space for the previous season shall have the first opportunity to renew the lease for the same stall, stand or space for the following season.
[Amended 9-1-1987 by Ord. No. 87-299]
G. All market stalls, stands or spaces leased on an annual, monthly or weekly basis shall be known as "reserved stall space." Any stall, stand or space not rented by the year, month or week shall be known as "unreserved stall space."
H. The Supervisor of Markets may lease to eligible applicants by the day any unreserved stall space available at the time of application. No person shall enter a reserved stall space which remains vacant and sell therefrom, unless such reserved stall space is properly leased and assigned for the day by the Supervisor of Markets or members of the Supervisor's staff. Any person permitted to lease a reserved stall space for the day, when vacant, shall vacate such stall space at any time the holder of said stall space wishes to enter the stall, and such person shall be assigned without additional charge to any other vacant stall space to which said person is eligible.
I. Hucksters shall be required to lease single stalls, stands or spaces on a seasonal basis.
J. Persons renting stalls, stands or spaces on the Public Market may not sell, sublet or assign their privileges on the market.
K. The Commissioner is authorized to promulgate rules and regulations governing the leasing of stalls, stands and spaces on the Public Market and implementing the requirements set forth in this section.
[Amended 9-1-1987 by Ord. No. 87-299]
[Amended 9-3-1985 by Ord. No. 85-383]
All products offered for sale on the market shall be subject to inspection by the Supervisor of Markets or any duly authorized City or state official.
Forestalling is prohibited.
No buyer or seller on the Public Market shall enter into any agreement or join any organization or combination for the purpose of raising, lowering or fixing abnormal or artificial prices of products sold on the said market or from keeping products off the market or assist others in any manner to accomplish this purpose.
[Added 11-19-2002 by Ord. No. 2002-354]
A. The provisions of Chapter
120 of the Municipal Code, Zoning Code, shall be applicable to all development, redevelopment and exterior alterations to existing buildings within the Public Market.
B. The provisions of §
120-76 of Chapter
120 of the Municipal Code, Zoning Code, shall be applicable to uses within the Public Market.
[Amended 7-22-1969 by Ord. No. 69-329; 9-3-1985 by Ord. No. 85-383]
A. Violations involving the parking, standing or stopping of motor vehicles shall be heard and determined in the Parking Violations Bureau, and violators shall be subject to the penalties established in §
111-85 of the Municipal Code.
B. Other violations of this chapter shall be punishable by a fine not exceeding $150 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by a penalty of not less than $50 nor more than $500, to be recovered by the City of Rochester in a civil action. In addition, vendors violating rules and regulations of the public market may be barred by the Commissioner from selling on the market for up to one month for a first offense, for the rest of the season for a second offense and permanently for a third offense, after the vendor has been served with a notice of the charges and then granted an opportunity to be heard before the Commissioner or a person designated by the Commissioner to conduct the hearing and make a recommendation to the Commissioner.
[Amended 9-1-1987 by Ord. No. 87-299]
C. The court may require a violator to make reparation to the city, in an amount he or she can afford to pay, for the loss or damage he or she caused to the Public Market.
[Amended 2-14-2006 by Ord. No. 2006-22]