[HISTORY: Adopted by the City Council of
the City of Marlborough 4-27-1992 by Ord. No. 92-4411B (Ch. 124 of the 1986
Code). Amendments noted where applicable.]
A.
Open air markets are allowed in a district where said
use is specifically allowed by zoning and subject to conditions and
restrictions specified by the City Council only when licensed by the
City Council.
B.
No owner, lessor or other authorized person in control
of land shall operate an open air market unless licensed by the City
Council for a site where said use is specifically allowed by zoning
and subject to conditions and restrictions specified by the City Council.
As used in this chapter, the following terms
shall have the meanings indicated: An Open Air Market, as used herein,
Shall include, but not be limited to, a flea market or other
business transacted by one or more sellers in the open air or from
a vehicle, or under a tent or other temporary structure, where the
primary purpose of the market is business-related, except the following
shall not require a license:
A mobile food service licensed by the Board
of Health.
Outdoor farm stand for the sale of produce raised
on the premises.
Outdoor Christmas tree sales.
Outdoor sales of an occasional nature which
are incidental and accessory to business conducted within a building.
All publicly sponsored or charitable sales or
bazaars.
Yard sales and similar uses are not subject
to this chapter.
It shall be the duty of the City Clerk to keep
records of every person licensed under this chapter, including all
information specified by the City Council.
A.
The City Council shall make restrictions and conditions
as follows:
(1)
The license of the market operator shall be valid
for one year and may be renewed by the City Council.
(2)
Applicant shall provide, in its application for a
license to operate, the following:
(a)
A detailed site plan, such plan to conform to
the standards for site plans submitted for special permit applications.
(b)
A detailed proposal for police security and
traffic control.
(c)
A detailed proposal for the cleaning and restoration
of the area as well as any abutting area in its applications. Said
cleanup, removal and restorations shall be completed within 24 hours
of the end of the operations.
C.
The applicant shall be responsible for compliance
with all City ordinances by vendors, patrons, applicants, its employees
and agents.
D.
No alcoholic beverages shall be allowed, sold, used
or consumed on the site in any manner.
E.
The City Council in its review of any applications
for operation of an open air market shall hold a public hearing on
said applications and shall require the applicant to notify all abutters
within 300 feet as determined by the Assessor's Office and certifying
the same to the Council. Said notice shall be given no less than 14
days before said public hearing.
F.
The City Council shall determine, prior to the issuance
of any license, that said license shall not have an adverse impact
on the area of said license.
G.
The City Council, after notice to the license holder
and after a hearing, may revoke any license issued if the licensee
has failed to conform to the rules and regulations of the City of
Marlborough and the conditions and requirements of the license.
H.
No overnight camping, residing or otherwise staying
on the premises shall be allowed for any persons.
