[Ord. of 4-6-1999; amended 9-1-2009 by Ord. No. 2009.42]
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
BIDDEFORD PUBLIC MARKET
A venture, to be created and administered by the Downtown Development Commission, and shall be administered in accordance with this chapter.
BIDDEFORD PUBLIC MARKET HOURS OF OPERATION
Shall not commence before 7:00 a.m. and shall end by 6:00 p.m. on Saturday, Sunday and Mondays designated as a holiday, from May 1 to November 1.
DAY STALL
A space within the Public Market area, which is available for rent on a daily basis and from day to day. The hours of operation of day stalls shall be limited to the hours of operation of the Public Market.
FARM-RELATED PRODUCTS
Any agricultural, horticultural, forest or other product of the soil or water, including but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, ornamental or vegetable plants, nursery products, firewood and Christmas trees. Farm-related products shall not include prepared foods which require separate licensing.
MARINE-RELATED PRODUCTS
Any fresh or frozen fish and fish products, edible sea plants or other agricultural items derived from the sea, seafood, shellfish, and sea salts.
POTENTIALLY HAZARDOUS FOOD
Any perishable food which consists in whole or in part of milk products, eggs, custards, whole or ground meat, poultry, fish, shellfish, edible crustacean or other ingredients, including synthetic ingredients capable of supporting rapid and progressive growth of infection or toxigenic microorganisms.
PUBLIC MARKET
A private venture that is distinguished from the Biddeford Public Market, and involves the sale of products as defined in Section 22-47.
PUBLIC MARKET AREA
The public area known as "City Square," and is further described as the public streets and sidewalks within the area bordered by Adams Street and Main Street, Adams Street to Jefferson Street and South Street from Adams Street to Jefferson Street. The public market may also include all of the area known as the "City Hall parking lot," as authorized by the City Manager.
RECURRENT VENDOR
Any individual or entity that rents a day stall for more than six days during any calendar quarter at the public market.
TEMPORARY VENDOR
Any individual or entity that rents a day stall for six days or fewer, during any calendar quarter at the public market.
[Ord. of 4-6-1999; amended 9-1-2009 by Ord. No. 2009.42]
The City Council shall designate by order, the times and days during which certain public property may be used as a public market. A public market shall be for the sale of fruit, vegetables, flowers, seedlings, plants and crafts. The following items may also be sold, provided that the product is produced, processed or manufactured in an establishment licensed by the Department of Agriculture to produce the item, and that the seller has produced, processed or manufactured the item: farm-fresh eggs, provided that they are stored at or below 45° F. during transport to, and display at, the public market, honey, jams, jellies, pickles, relishes, maple syrup, apple cider, packaged herbs or herb blend mixtures and pesto. The following items may be sold, provided that the total amount of sales from all such items does not exceed 49% of the total amount of sales made by the licensee at the public market: any other edible product that is a derivative of plants or produce grown by the licensee, provided that the licensee also has a license from the Department of Agriculture. Any baked goods sold at a public market must be individually or collectively wrapped while displayed and sold. In no event shall any licensee sell at a public market any potentially hazardous foods, which includes any perishable food or food product which consists in whole or in part of milk or any other ingredient capable of supporting rapid and progressive growth of infectious and toxigenic microorganisms, including, but not limited to, cream fillings in pies, cakes or pastries; custard products; meringue-topped bakery products; or butter cream type fillings in bakery products.
[Ord. of 4-6-1999; amended 9-1-2009 by Ord. No. 2009.42]
Except as otherwise provided for in Section 22-49, a vendor in a public market, must be licensed in accordance with "Vendors on public places," pursuant to Chapter 22 Article III, Section 22-33, of this Code.
[Ord. of 4-6-1999; amended 9-1-2009 by Ord. No. 2009.42]
(a) 
The Biddeford Public Market shall be responsible for obtaining a vendor on public place license from the City Clerk, and shall be responsible for all temporary and recurrent vendors.
(b) 
The Downtown Development Commission shall remit to the City Clerk a vendor on public place license fee of $100 for the Biddeford Public Market, per annum. Any additional fees collected by the Downtown Development Commission for operation of the Biddeford Public Market shall be remitted to the City Treasurer, and shall be accounted for in a special revenue fund, and may be dispersed for expenses related to the operation of the Biddeford Public Market, at the direction of the Downtown Development Commission.
(c) 
A vendor renting a day stall at the Biddeford Public Market is not required to obtain a municipal license as long as the following requirements are met:
(1) 
No food item may be displayed for sale or sold at a day stall absent an appropriate license from the City unless the vendor is selling fresh fruits or vegetables or has obtained a valid food license from the Maine Department of Agriculture.
(2) 
No potentially hazardous food may be displayed for sale or sold at a day stall at the Biddeford Public Market unless it remains refrigerated at a temperature of 45° F. or below. Frozen foods shall remain at a temperature required by state rule or regulation.
(3) 
The Biddeford Public Market shall provide to the City Clerk information necessary to allow the City to track vendor participation at the Market. The Biddeford Public Market shall certify that vendors have obtained valid and current commercial liability insurance in an amount of not less than $300,000.
(4) 
The Biddeford Public Market shall allow any City inspector who is on duty to access the premises at the Biddeford Public Market at any and all times for the purpose of inspecting the premises, including day stalls, in order to determine compliance with the provisions of this Code. It is a violation of these regulations for anyone to interfere with or prevent such inspection.
[Ord. of 4-6-1999; amended 9-1-2009 by Ord. No. 2009.42]
During the Biddeford Public Market hours of operation, the Downtown Development Commission is authorized to close public streets to vehicular traffic within the area designated as the "Public Market area," as defined in Section 22-46. Public sidewalks shall remain open to pedestrian traffic, and vendors shall not block access to building or driveway entrances. Additionally, as authorized by the City Manager, parking may be restricted on Adams Street from the intersection of Adams Street and South Street to the driveway exit for the now or formerly, Maine Bank and Trust Company, and on South Street from Adams Street to Jefferson Street. All vehicles that are parked contrary to this article, or that are not authorized to remain within the Public Market area may be towed at the owner's expense.
[Ord. of 4-6-1999; amended 9-1-2009 by Ord. No. 2009.42]
Pursuant to, and in accordance with the provisions of this chapter for public markets, the license of any person who has combined with any other licensee in the fixing or maintaining of a price, fraudulent use of weights or measures, or who intentionally and knowingly deprives another licensee of the use of the latter's designated stall in the market shall be revoked by the City Clerk. In addition, the license of any person who is found in violation of any other section of this article may be suspended or revoked by the City Clerk. Vendors renting a day stall at the Biddeford Public Market may have their vendors privileges revoked by the Downtown Development Commission for violating any provisions of this chapter.
[Ord. of 4-6-1999; amended 9-1-2009 by Ord. No. 2009.42]
Notwithstanding the provisions of Section 22-51, a person who violates this section commits a civil violation for which a forfeiture of not less than $100 and not more than $200 may be adjudged.
[Added 9-1-2009 by Ord. No. 2009.42]
"Solicitation" is a consumer sale or credit sale of goods or services in which the seller or person acting for a company, organization or entity engages in personal solicitation of the sale at a residence, if the buyer's agreement or offer to purchase is given to the seller or person acting for a company, organization or entity.
(1) 
Permit required. No person shall engage in transient sales of consumer merchandise or services within the City without a license from the City Clerk. The permit shall be carried by the seller while engaging in home solicitation sales.
(2) 
Application for permit. Applications for permits for home solicitation will be made to the City Clerk, will be in writing and will contain the following information:
a. 
The name and physical description of the applicant, including a photocopy of the applicant's picture identification.
b. 
The applicant's address.
c. 
A brief description of the nature of the business to be conducted and the goods sold.
d. 
If the applicant is employed, the name and address of the employer, along with credentials establishing exact relationship.
e. 
The length of time for which the solicitation permit is being requested.
f. 
If a vehicle is to be used, a description of that vehicle, along with the license plate number and state registration for that vehicle.
g. 
A sample of an agreement informing the buyer of his or her right to cancel, as required by 9-A M.R.S.A. § 3-503. A sample of this agreement is contained herein.[1]
[1]
Editor's Note: See Subsection (8)
h. 
Such other information as the City Clerk may deem necessary for the proper police and other protection of the City.
(3) 
State permit required. The obtaining and maintenance of a transient seller's permit from the state by the applicant or licensee shall be a condition precedent to the issuance or maintenance of a license.
(4) 
Fees. The fee for home solicitation permits shall be $20 per year. Additional licenses may be issued to employees of a license holder upon payment of $20 per employee, per year; and upon filing of the necessary paperwork with the City Clerk for each employee.
(5) 
Exemptions. The provisions of this article shall not apply to persons selling solely for the benefit of a bona fide nonprofit organization.
(6) 
Revocation of permit. The City Clerk and/or the Chief of Police may revoke a permit if the holder of the permit engages in disorderly conduct, as defined by 17-A M.R.S.A. § 501, or harassment, as defined by 18-A M.R.S.A. § 506-A, while in the course of business.
(7) 
Sample permit application.
I, ___________________________, do hereby make application for a permit for home solicitation sales in the City of Biddeford in compliance with the ordinances of the City.
Street address:
City: _____________ State: _____
Business Phone: __________ Home Phone: __________ Cell Phone: __________
Age: ______ Weight: ______ Height: ______ Hair Color: ______ Sex: M/F
Length of time permit is desired:
Name of company, organization or entity represented:
Address:
Description of business/product(s)/service(s) to be solicited:
Number of vehicles to be operated: __________
Description of vehicle(s) to be operated and license plate number(s):
Signature of applicant:
Date: ____________________
(8) 
Sample right-of-cancellation agreement
Buyer's Right to Cancel
(9-A M.R.S.A. § 3-503)
If this agreement was solicited at your residence and you do not want the goods or service, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or service and must be mailed before midnight of _________________ (stated date three days from date of sale), when cancellation right lapses.
This Cancellation Agreement must be mailed to:
(Name and mailing address of seller)
If you cancel by this date, the seller may not keep any of your cash down payment.
Signature of Buyer:
Date: _______________