[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.
A.Â
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.
B.Â
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:
Land used for the production for sale of crops, livestock,
or livestock 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.
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.
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.
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.
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
Permits shall be issued on an annual basis from January 1 to December
31.
B.Â
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.
