[HISTORY: Adopted by the Township Committee of the Township of Westampton 5-10-2011 by Ord. No. 6-2011. Amendments noted where applicable.]
Board of Health — See Ch. 43.
This chapter shall be cited and referred to as "Farmers' Market."
For the purpose of this chapter, unless the context clearly indicates a different meaning, the following definitions shall apply:
- AGRICULTURAL VENDORS
- Local farmers that produce and/or grow one or more of the following products: fruit, vegetables, plants (starts, annuals, perennials, herbs), cut flowers and herbs, dairy products, farm-raised meat, seafood, and eggs. Also included are value added products, such as jams, jellies, salsa, honey, soaps, herbal oils, etc., which are made from one or more of the above referenced items.
- CRAFT VENDORS
- Vendors that take an active part in the making of the items they sell.
- FARMERS' MARKET
- The area set aside for the use of selling agricultural products, food products and crafts.
- FOOD VENDORS
- Vendors that take an active part in making/baking the majority of the items they sell.
An area to be selected by the Township will be set apart as the Farmers' Market at specified times during the year for the use of agricultural, food and craft vendors, subject to the rules and regulations set forth in this chapter and included in the Farmers' Market application.
General parking shall be restricted from the Farmers' Market area between 2:30 p.m. and at least 8:00 p.m.
The Farmers' Market shall be under the supervision of the Township of Westampton and managed by the Township of Westampton. The Township shall establish and enforce any rules and regulations relative to the Farmers' Market, and shall promptly remove or cause to remove any person who is disorderly who refuses to obey any rules and regulations made for the management or conduct of the Farmers' Market.
The Farmers' Market shall be occupied and operated from June 1 to October 31 of each year, on Thursdays of each week, at times to be determined by the Township.
Vendors will be allotted an estimated twenty-foot-by-eight-foot vending area in the parking lot. Parking is prohibited to anyone other than the holder of the Farmers' Market space as assigned by the Township on the days and times established by the Township.
Removal of any unauthorized vehicle must be made upon a complaint to the Township's Police Department and shall be enforceable beginning two hours prior to opening of the Farmers' Market.
Vendors who shall offer for sale at the Farmers' Market any article by weight or measure shall have all scales, weights and measures properly examined, tested, stamped and sealed.
Vendors selling prepared foods shall prepare and serve foods in accordance with all applicable federal, state and local health regulations. All foods and beverages sold or used in food preparation shall be first quality and conform in all respects to federal, state and local food and other laws, ordinances and regulations.
The Township shall have the right and privilege of entering a vendor's assigned area for the purpose of making inspections. The Burlington County Health Department shall be contacted prior to operating for a preopening inspection/approval to determine compliance with all regulations. The Township and its agents or employees shall have the right and privilege of inspecting the vendor's farming operation for the purpose of making inspections to ensure compliance with the producer requirements in the Farmers' Market rules. The Township will provide at least 48 hours' notice prior to an inspection. If the vendor is found to be noncompliant with the requirements set forth in the Farmers' Market rules, the Township reserves the right to terminate the vendor from participating in the Farmers' Market.
Vendors shall indemnify and hold harmless the Township of Westampton and its officers, employees, agents and servants from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses including attorneys fees, incurred or suffered on account of property damage or loss and/or personal injury, including loss of life, of any person, agency, corporation or governmental entity which shall arise out of the course of or in consequence to any acts or omissions of the applicant, its employees, agents, servants or subcontractors in the performance of the work described in these specifications. The Vendor further agrees that this indemnification by the applicant shall continue after completion of the market season for all claims, demands, suits, actions, recoveries, judgments, costs and expenses including attorneys fees resulting from acts or omissions by the applicant, its employees, agents, servants or subcontractors, which occur prior to the completion of the season.
Application submission. Any vendor interested in participating in the Farmers' Market shall submit an application on a form provided by the Township of Westampton. The application must contain all the requested information and documents to be deemed complete. Incomplete applications shall be rejected and the fee shall not be reimbursed. Every vendor is required to execute a defense and indemnification agreement for the Township of Westampton.
Deadline for submission of application. Vendors must file a complete application no later than April 1 of each year. Applications received after this deadline will be accepted, and if there are vacancies available at the market, vendors will be selected at the discretion of the Township. If there are no vacancies at the time an application is received, the applicant will be placed on a waiting list for participation in the market.
Application fee. The application must be accompanied with a check made payable to the Township of Westampton in the amount of $25.
Market fees. If a vendor is selected to participate in the Farmers' Market, a fee of 10% of the total sales up to $25 must be made to the Township of Westampton for each market day the vendor is present at the market to sell its goods. A vendor is permitted to pay the per-market-day fee in advance.
The Township reserves the right to remove an approved vendor and substitute another vendor if the approved vendor fails to pay the required fee or fails to participate on two consecutive Farmers' Market days. If fees are paid in advance and a market day is subsequently cancelled by the Township due to inclement weather, the fee will be refunded. If a vendor chooses not to appear due to inclement weather or any other reason, the fee will not be refunded. If a vendor is removed for failure to appear, and the vendor has prepaid, the removed vendor shall be reimbursed for the prepaid days only.
Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be fined not more than $1,000. A separate offense shall be deemed committed on each day that a violation occurs or continues.