The purpose of this chapter is to permit and regulate a form of historic seasonal business (market) activities which were once prevalent in the Borough and which are not squarely addressed by Chapter
203 (Special Events) of the Borough Code. The intention of this chapter is to address said activity on both municipal and private property.
For the purpose of this chapter, the terms used herein are defined
as follows:
FARMERS' MARKET
A sale by farmers, growers, or producers from the local area,
direct to the public, of farmed food products and produce, including
those grown, cultivated, raised, bred, harvested, caught, pickled,
baked, smoked, processed, or prepared, together with the incidental
sale of natural-based products, foods and beverages to patrons.
MARKET
A farmers' market as defined above.
MARKET CONCESSIONAIRE
Any person, persons, firm, association, partnership, corporation
or any other entity that occupies space at a farmers' market
for the purpose of selling or displaying for sale any item, including
food and beverages.
MARKET ITEMS
Farmed food products and produce, including those grown,
cultivated, raised, bred, harvested, caught, pickled, baked, smoked,
processed, or prepared, together with the incidental sale of natural-based
products, foods and beverages to patrons.
MARKET PROPRIETOR
A person or a not-for-profit that proposes to operate a farmers'
market within the Borough of Chester that is licensed pursuant to
this chapter.
NOT-FOR-PROFIT
The selling, or soliciting for sale, of goods, merchandise
or services the proceeds of which action are devoted exclusively to
philanthropic, charitable or religious purposes, as defined in the
Internal Revenue Code, 26 U.S.C. 501, for a religious, charitable,
civic, or veteran organization, service club, volunteer fire or first-aid
company that is located in or has a substantial membership from or
provides substantial service to the Borough or its inhabitants.
PERSON
Includes the singular and plural and shall also mean and
include any person, firm, corporation or partnership or other fictitious
person or de jure entity.
There are hereby created two classes of licenses required for
a farmers' market: one for the proprietor of the market and one
for the concessioners participating in said market.
A. Market proprietor license.
(1) A market proprietor license may be issued to a person or entity qualified
herein as a proprietor.
(2) Any proprietor who proposes to conduct a farmers' market shall
first file a written reservation request with the Borough Clerk, and,
if any farmers' market is to take place on a public park, the
request must also be filed with the Board of Recreation Commissioners,
setting forth the date(s) of the proposed farmers' market on
a form provided by the Borough. Such request must be filed with the
Borough Clerk no earlier than October 1 and no later than November
1 of the calendar year prior to that for which a license is sought.
In no event shall a license issue unless a written request for same
has first been submitted within the aforesaid period. This time period
may only be relaxed by the Mayor and Council, in the exercise of its
sound discretion, upon good cause for the delay being shown by the
applicant to the satisfaction of the Mayor and Council and only if
the request is made at least 90 days prior to the first market date
requested. The request shall be provided by the Borough Clerk to the
Mayor and Council for its consideration. Filing of the request shall
not guarantee approval of said farmers' market or issuance of
a market proprietor license. The request form shall include the following:
(a)
Specification of the nature of the market proposed, and a general
description of the goods to be sold.
(b)
The date, location, and hours of operation of the proposed market(s)
and alternate dates, which may be allowed if such market is canceled
for circumstances beyond the control of the applicant.
(c)
All of the contemplated dates on a single form, if more than
one date is contemplated within the same calendar year.
(d)
In no event shall the filing of a request hereunder excuse compliance
with any other ordinance, notwithstanding that said ordinance shall
not have been disclosed by the Borough Clerk.
(3) If the reservation request shall be approved by the Mayor and Council, and the Board of Recreation Commissioners if the market is to take place on a public park, an applicant for a market proprietor shall submit an application for a proprietor's license to conduct the market to the Borough Clerk, together with payment of such charges as may be required from time to time. All applications for a market proprietor's license must be submitted within 60 after approval of the reservation request. An application for a market proprietor's license must include all information required by §
202-5 of this chapter. Approval of a reservation request will not guarantee that a market proprietor license will be issued.
B. Market concessionaire license.
(1) Application for a market concessionaire license shall be made no
later than 14 days prior to the market for which a concessionaire
license is sought.
(2) A market concessionaire license shall be issued by the Borough Clerk
to those persons defined herein as a market concessionaire and whose
application for said license shall be approved as set forth in this
section.
(3) A market proprietor may be designated by the Borough Clerk as the agent of the Borough Clerk for a market, in accordance with §
202-11C.
(4) A market concessionaire license shall be obtained and a license fee
paid for each date on which a market concessionaire proposes to operate
as set forth herein. The Borough Clerk or agent designated hereby
may issue a market concessionaire license with more than one date
endorsed thereon, provided that the applicant shall pay the daily
fee to the Borough Clerk or agent for each proposed date in advance.
(5) In the event a market proprietor shall cancel or postpone a scheduled
market by 9:00 a.m. on the date for which the same shall have been
scheduled, due to circumstances beyond the control of the proprietor,
any market concessionaire license valid on that date may be used by
the concessionaire in the event that the proprietor shall have provided
for a rescheduling of a market as provided herein, upon the license
being presented to the Borough Clerk or its agent, who shall revalidate
same.
(6) The Borough Clerk or agent shall not refund any fee, or portion thereof,
paid hereunder, for any reason.
No license shall issue to any individual, organization, or entity
who shall directly or indirectly exclude, withhold or deny any person
of any advantage, privilege, membership, or right, or otherwise discriminate
against said person on account of race, creed, color, national origin,
ancestry, marital status, or sex or otherwise as prohibited by law;
nor shall the Borough Clerk or his agent refuse to issue a license
on account of race, creed, color, national origin, ancestry, marital
status, or sex or otherwise as prohibited by law.
Any person violating any of the provisions of this chapter shall be liable for the penalties stated in Chapter
1, General Provisions, Article
III, General Penalty, which in no event shall be less than $500, and, upon conviction, shall forfeit such license issued hereunder and the right to renew such a license and shall be ineligible for the issuance of a license hereunder for a period of one year from the date of conviction.