[HISTORY: Adopted by the Town Council of the Town of Cromwell 4-6-2016 . Amendments noted where applicable.]
The Town of Cromwell recognizes the community benefits from
a properly certified and approved farmers' market, as well as
the need to protect the health, safety and general welfare of the
Town's residents. This chapter is intended to balance those interests
by creating the following rules, procedures and special exceptions
for an approved farmers' market.
As used in this chapter, the following terms shall have the
meanings indicated:
An approved, formally organized and regularly scheduled event
for the sale of local food produce and products in a common marketplace
which is certified and operated under the general guidelines, rules
and regulations of the State Department of Agriculture.
The person responsible for organizing and applying for an
approved and certified farmers' market.
Any company, corporation, individual or group of individuals
associated in any form, whether principal or agent, unless specifically
exempted by statute from the provisions hereof.
Includes "peddler" and "solicitor" and "canvasser" as defined in Chapter 178 and shall also include any person (as defined above) selling or bartering or carrying for sale or barter or offering therefor any goods, wares, merchandise or services.
A.
It shall be unlawful for any person to host a farmers' market
in the Town of Cromwell unless it has been approved in accordance
with this chapter and has received a permit from the Chief of Police.
B.
In addition to the other requirements under this chapter, an approved
farmers' market must meet all of the following criteria, terms
and conditions.
(1)
The farmers' market must be certified and operated under the
general guidelines, rules and regulations of the State Department
of Agriculture for certified farmers' markets.
(2)
The farmers' market must have a responsible Market Manager as
defined herein.
(3)
The farmers' market must be organized principally for the purpose
of offering for sale Connecticut grown farm products as defined by
the Department of Agriculture and state law.
(5)
All farmers' markets must comply with all other Town ordinances
and zoning regulations and obtain any necessary zoning permits.
(6)
All farmers' markets must be approved by the Chief of Police
as to location, parking and hours of operation.
(7)
Any proposed use of Town property for a farmers' market also
must be approved by the Town Council for both location and hours of
operation.
(8)
All farmers' markets shall be deemed a seasonal use subject
to annual approval in accordance herewith.
A.
The Market Manager shall make an application to the Chief of Police
at least 10 days prior to each farmers' market season verifying
compliance with state certification for farmers' markets and
providing a list and relevant information for all proposed vendors
on a form provided by the Chief of Police.
B.
The Market Manager shall be responsible for notifying the Chief of
Police of the need to update the approved vendor list as necessary
and no less than 24 hours prior to each actual Farmer's Market
event to account for new vendors. It shall be the responsibility of
the Market Manager to ensure that each vendor is listed on an approved
application form from the Chief of Police.
A.
It shall be within the Chief of Police's discretion to determine
whether a particular application meets the requirements of this chapter.
The Chief of Police also has the discretion to deny authorization
for any particular vendor or person associated with such vendor to
participate in the farmers' market based upon the following:
(1)
Any person, association or corporation any of whose members have
been convicted of any crime involving moral turpitude, including but
not limited to rape, sexual battery, corruption of a minor, child
molestation, harassment or offenses relating to dangerous drugs, as
defined by the Connecticut General Statutes.
(2)
Any person who has been convicted of any felony or misdemeanor involving
the use of physical violence within five years of the date of application.
(3)
Any person who is on probation or parole at the time of application
shall be reviewed by the Chief of Police and may require additional
information.
(4)
Any person on probation or parole for a felony who has completed
less than two years of probation or parole, or to any person on probation
or parole for a misdemeanor who has completed less than six months
of said probation or parole.
(5)
Prior violation of this chapter or other rules or regulations governing
the operation of the farmers' market.
(6)
Nothing in this section shall be construed as to limit the discretion
of the Chief of Police to refuse participation by any person for these
or other related issues.
B.
The permit, along with the list of approved vendors, as may be amended,
shall be posted and available for public viewing at each farmers'
market event.
C.
All vendors on an approved list in conjunction with a farmers' market that is a nonprofit organization recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code shall be exempt from complying with Chapter 178 only during the hours of and at the location of that approved farmers' market event but shall be otherwise responsible for complying with this chapter and all other applicable state and local laws.
Each permit, unless sooner revoked, shall be deemed seasonal
and shall expire on the last day of December succeeding the date of
the issuance thereof and shall be personal to the Market Manager who
made application and shall not be transferable.
A.
Permits issued pursuant to this chapter may be revoked by the Chief
of Police of the Town of Cromwell, after notice and a hearing before
the Town Council, for any of the following causes:
B.
Any violation of this chapter or of any other ordinance of the Town
by the Market Manager and/or its vendors is the joint and severable
responsibility of the Market Manager and the offending vendor and
may result, in addition to the imposition of any applicable penalties,
in the imposition of other sanctions. Other sanctions may include,
at the Chief of Police's discretion, a prohibition on approval
of any future applications on behalf of that Market Manager for a
farmers' market and/or denying future participation by a particular
vendor.
It shall be the duty of the Chief of Police to keep records
of all applications and permits granted under the provisions of this
chapter in a book provided for that purpose, giving the number and
date of each permit, list of vendors and market manager(s).
