[HISTORY: Adopted by the Town Board of the Town of Southeast 10-25-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
It is the intent of this chapter to establish reasonable restrictions and procedures for the establishment and operation of farmers markets in the Town of Southeast, New York. Notwithstanding the general prohibition of vending, peddling or soliciting contained in Chapter 103 of the Town Code, it is hereby found and determined that farmers markets should be allowed by permit to increase access to healthy, local/regional, and affordable foods, encourage community-building, support local/regional agriculture and economic development, and promote agri-tourism. It is further found and determined that, in an effort to protect the health, safety and welfare of the residents and customers, the operation of farmers markets should be limited to commercial and institutional properties where sufficient parking and access exists, and that permits for such operation should be granted on an annual basis.
It shall be a violation of this chapter for any person to operate a farmers market in the Town of Southeast without having a permit therefor.
It shall be a violation of this chapter for any commercial and/or institutional property owner to allow his or her property to be used for the operation of a farmers market by any person or persons who do not have a permit therefor.
As used in this chapter, the following terms shall have the meanings indicated:
- ACTIVELY PRODUCING FARM
- Land used for the production for sale of crops, livestock, or livestock products.
- AGRICULTURAL PRODUCTS
- Agricultural products shall include any agricultural commodity or product, whether raw or processed, derived from "crops, livestock and livestock products" as defined by § 301.2 of the New York State Agriculture and Markets Law, as last amended, which includes but shall not be limited to field crops, fruits, vegetables, horticultural specialties, livestock and livestock products, maple products, aquaculture products, woody biomass, apiary products, and actively managed log-grown woodland mushrooms.
- The form and supporting information or documentation prescribed by the Town Board seeking the issuance of a farmers market permit.
- COMMUNITY SUPPORTED AGRICULTURE (CSA)
- A community of individuals who pledge support to a farm operation through the advanced purchase of farm shares, which allows the growers and consumers to share the risks and benefits of food production. The farm share purchase covers the anticipated costs of the farm operation and in return farm shareholders receive farm produce typically on a weekly basis from a central pick-up location throughout the growing season.
- FARMERS MARKET
- A market that operates on a seasonal/year-round basis from booths, tables, or stands in a fixed location and is organized for the purpose of farms directly selling to the public local/regional agricultural products that were grown or produced on said farms. All products for sale must be locally or regionally grown or raised, or produced or processed by hand from local or regional agricultural products. Typical farmers market products include fresh vegetables and fruits; pickled vegetables; jams; sauces; wool; eggs; cuts of meats; smoked meats, handmade sausage and similar meat products; honey and other bee products; grains; maple syrup; flowers; locally or regionally baked goods; and dairy products such as milk, yogurt, and cheese. A farmers market shall not include resellers, the sale of antiques, flea market vendors, or manufactured products. A farmers market with two or more booths may permit the operation of a booth by a brick and mortar food wholesaler or retailer with a location in the Town of Southeast.
- FARMERS MARKET PERMIT
- The permit issued by the Town Code Enforcement Officer which shall be proof that a particular farmers market has met the qualification requirements and that the location endorsed thereon has been approved by the Town for the purpose stated therein.
- HANDMADE PRODUCT
- An agricultural product produced or processed locally, regionally or by hand by an artisan, crafts person, or butcher, at a small scale for the purpose of selling at a farmers market, crafts market, or local/regional specialty retail store. Handmade products shall not include imported, mass produced products, or manufactured products.
- Includes agricultural products grown or produced in the Hudson Valley Region of New York State.
- The particular physical site, approved by the Town Code Enforcement Officer, where the farmers market shall be operated on specified days per week during permitted hours.
- MANUFACTURED PRODUCTS
- A finished product, good, or ware assembled on a large scale either by manual labor or by machinery for the purpose of selling at retail.
- Includes agricultural products grown or produced in the states of New York, New Jersey, Connecticut, Massachusetts, Vermont, or Pennsylvania.
- A vendor that purchases vegetables, fruit, meat, and other agricultural products at wholesale through a distributer for the purpose of reselling. A reseller shall not include a local/regional farmer or producer selling another local/regional farmer or producer's agricultural products as a means to increase the diversity of products offered or to bridge periods of low supply of commodities produced on-farm.
All applications for the operation of a farmers market shall be made to the Town Code Enforcement Officer on a form prescribed by the Town Board and shall be accompanied by the requisite fee(s) and proof of general liability insurance with limits of liability not less than $1,000,000 per occurrence. The Town of Southeast shall be listed as an additional insured on the policy of general liability insurance.
The application shall be accompanied by a plan, drawn to scale, showing the general location of the lot where such farmers market is to take place and also showing provisions for site access and parking, together with the written consent of the owner of the lot. In the case of prepared food sales, a current food vendor's permit issued by the State or Putnam County Department of Health should be provided as applicable.
Within 10 days after the application has been fully submitted, the Town Code Enforcement Officer shall approve, with conditions, said application and issue a temporary permit or disapprove the application. If the application is disapproved, the Town Code Enforcement Officer shall state his/her reasons for disapproval, in writing.
Any applicant may appeal the decision of the Town Code Enforcement Officer to disapprove such application to the Town Board, who shall either affirm the decision of the Town Code Enforcement Officer or approve the application with conditions.
The outdoor sale may be permitted on any commercial and institutional properties in the Town of Southeast, New York, or on any property owned by a not-for-profit or philanthropic organization. Such location shall be declared on the permit.
Permits shall be issued on an annual basis from January 1 to December 31.
The annual fee for a farmers market permit shall be set by the Town Board and included in the annual fee schedule adopted by the Town Board, as the same may be amended from time to time. Any permit issued after August 1 shall be half of the seasonal permit fee and shall run for the balance of the season. These fees shall be collected by the Town Building Department at the time of the application.