The Council finds and determines that the practice of holding
farmers' markets has become increasingly popular in the City,
County and surrounding cities. The Council desires to provide a means
to allow farmers, growers, and artisans to join together and offer
their produce, artifacts, and products to the citizens of the City,
while maintaining order, and a uniform means of regulation and licensing
of such businesses.
(Ord. 95-335 §1)
The following terms, as used in this chapter, are defined as
follows:
means unused articles, generally hand-made or elaborated
by the seller, such as incense, candles, baskets, clothing and the
like.
means a location certified by the County Agricultural Commission and operated as specified in Article 6.5 (commencing with Section 1392) of Title 3 of the California Administrative Code and, additionally, that sellers are represented by a sponsor which has received approval from the City, under its licensing provisions, to organize sellers to conduct the direct sale of produce, artifacts, and products to the public at the time and place and in the manner approved by the City and in conformity with safety standards set forth for such operations by the California Health and Safety Code.
means the City of Guadalupe.
means the gathering of 2 or more sellers in a public location
or private location open to the public for the purpose of offering
produce, artifacts, and products for sale directly to the public.
means any fruit or vegetable in its raw or natural state
or shell eggs or both.
means comestibles generally produced or elaborated by the
seller such as honey, juices, olives, cheese, baked goods and the
like.
means individuals offering produce grown by the seller for
sale directly to the public at a location other than the location
where the product was raised, grown and/or produced. "Sellers"
also means individuals offering products produced or elaborated by
the seller for sale directly to the public at a location other than
the location where the product was produced. "Sellers"
also means individuals offering artifacts crafted or elaborated by
the seller for sale directly to the public at a location other than
the location where the artifact was manufactured.
means any individual person or any or all domestic and foreign
corporations, partnerships, associations, syndicates, clubs, trusts,
societies, joint ventures or firms which serve(s) to coordinate and
obtain licenses and permits for any 2 or more sellers of produce,
artifacts, or products permitted to be sold at a certified farmers'
market within the City.
(Ord. 95-335 §2)
All certified farmers' markets approved to do business
within the City shall have a sponsor, who shall bear the responsibility
of coordinating the individual sellers of produce, artifacts, or products
apply for necessary licenses, oversee and control the farmers'
market event and location in conformity with all applicable laws and
represent the farmers' market as a group in its dealings with
the City. The sponsor or the sponsor's personal representative
is required to be on site during the operation of any farmers'
market.
(Ord. 95-335 §3)
This chapter shall in no respect apply to or affect any person,
firm, corporation or association engaged in selling farm produce raised,
grown and/or produced at a given location and also sold to the public,
wholesalers, or retailers at that same location.
(Ord. 95-335 §4)
It is unlawful for sellers to form a farmers' market to
offer produce, artifacts, or products for sale to the public at a
location within the City, other than that on which the produce was
raised, grown, and/or produced, or the artifacts or products were
manufactured unless, such sellers first form a certified farmers'
market as defined above and obtain a certified farmers' market
license from the City to conduct such market and sales. A separate
licensee is required for each certified farmers' market organization
and for each farmers market location and will only be issued to a
sponsor of such farmers' market as defined above.
(Ord. 95-335 §5)
The license required shall be issued only upon the written application
of a sponsor of an organized group of sellers, which is qualified
as a certified farmers' market, filed with the City Clerk. Such
application shall set forth the following information:
A.
Name
and address of the applicant/sponsor;
B.
Proposed
location and time(s) of operation of the farmers' market;
C.
Evidence of current status as a certified farmers' market within the County by the County Agricultural Commission as specified in Article 6.5 (commencing with Section 1392) of Title 3 of the California Administrative Code.
(Ord. 95-335 §6)
A.
All
locations for farmers' markets held within the City must be
in compliance with all applicable laws including the City's
Zoning Ordinance.
B.
The
location, manner and hours of operation must not pose a hazard to
traffic or pedestrians or create a nuisance to neighboring residents
and businesses.
(Ord. 95-335 §7)
Intoxicated persons shall not be allowed to come on or remain
on the premises. No drinking of alcoholic beverages shall be permitted
on the premises of a farmers' market.
(Ord. 95-335 §8)
The license fee for each approved certified farmers' market
shall be an amount per year established by resolution of the City
Council, due and payable by the sponsor in advance of the first day
of July of each year; provided that license fees covering a farmers'
market commenced after the first day of July, shall be prorated for
the balance of the initial year but no refund shall be given for farmers'
markets discontinued prior to completing a full year of operation.
(Ord. 95-335 §9; Ord. 2013-414 §15)
A license may be renewed by the same sponsor issued the original
license, upon payment of the annual fee for each year where renewal
is requested and providing updated information on the organization,
business, and sponsor is provided to the City Clerk. Renewal applications
and payment of renewal fees are due prior to July 1st of each year.
(Ord. 95-335 §10)
A.
No license
issued under this chapter shall be in any manner assignable, or authorize
any person, other than the sponsor therein named to carry on such
business.
B.
A separate
license must be obtained for each farmers' market group and
for each farmers' market location by the designated sponsor
of a farmers' market organization.
(Ord. 95-335 §11)
A.
The
premises on which a certified farmers' market is held or proposed
to be held are subject to inspection and approval by the City Health
Officer, Building Inspector, Chief of Police, Fire Department and/or
delegates of the same, to ascertain that the premises and practices
are in conformity with local, County and State laws.
B.
Nonconformity
with local, County and State laws may result in either non-issuance,
suspension or cancellation of a license.
(Ord. 95-335 §12)
A.
It shall
be the duty of the City Administrator, and he or she is hereby directed,
to enforce each and all of the provisions of this chapter. The Health
Officer, Chief of Police, Fire Inspector and Building Inspector shall
render such assistance in the enforcement hereof as may from time
to time be required by the City Administrator.
B.
The
City Administrator may act on information within his or her personal
knowledge or observation or that provided by the City Council, other
City or County departments or citizens in determining when additional
inspection and/or enforcement measures are required under this chapter.
C.
On request
by the City, but in no case more frequently than monthly, the sponsor
shall provide the City with the names and addresses of all sellers
participating in the farmers' market during the 60 days immediately
preceding the date of the request.
(Ord. 95-335 §13)
Every license granted under this chapter is granted and accepted
by all parties with the express understanding that the license may
by revoked for any cause specified in this chapter by the City Administrator
after reasonable notice to the license holder and an opportunity given
the license holder to be heard on the matter. If, after such hearing,
the City Administrator finds grounds for revocation exist, he or she
may then revoke or suspend the license. Grounds for the City Administrator
taking action to suspend or revoke a license include but are not limited
to:
A.
That
the licensee, in the operation of the business, has violated or is
violating any ordinance of the City or of Santa Barbara County, or
any law or regulation of the State or any of its agencies, of the
United States Government or any of its agencies;
B.
That
the premises for which the license was granted have become a public
nuisance;
C.
That
the premises for which the license was granted are being operated
in a disorderly manner.
(Ord. 95-335 §14)
A.
Any
licensee whose license has been suspended, revoked or where issuance
or renewal of the license has been denied by the City Administrator
as hereinabove provided, may appeal the decision of the City Administrator
to the City Council by filing notice thereof, in writing. The City
Council shall then thereupon set a hearing on the matter and give
notice to the applicant and the City Administrator, other City officials
involved in the decision, and other interested individuals, of such
hearing. At the hearing, the City Council shall hear the applicant
and any other interested persons who may present pertinent facts as
to whether or not the license should be issued and/or remain in effect.
B.
At the
conclusion of the hearing or at any time within 30 days thereafter,
the Council shall determine whether or not the license should be issued,
renewed or the revocation sustained, and shall make its order accordingly.
(Ord. 95-335 §15)
Any person guilty of violation of any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment in accordance with the general penalty provision then in effect in the City pursuant to Chapter 1.08 of this code, as amended.
(Ord. 95-335 §16)
If any provision, clause, sentence or paragraph of this chapter
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
of this chapter which can be given effect without the invalid provision
or application, and to this end the provisions of this chapter are
declared to be severable.
(Ord. 95-335 §17)
