The purpose of this chapter is to
establish a legal framework for the operation of temporary certified
farmers’ markets within the downtown and old town areas of Roseville,
and other selected locations throughout the city as approved by the
planning director; to assure that the certified farmers’ markets
complement rather than conflict with adjacent use; and to ensure that
a certified farmers’ market is maintained primarily as an outlet
for farmers to sell their products directly to consumers, while maintaining
some product diversity in order to better meet the needs of customers.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992; Ord. 4146 § 1, 2004)
For the purposes of this chapter,
the following words and phrases shall have the meanings given to them
by this section, unless the context otherwise requires:
Certified farmers’ market operator.
One or more qualified sellers, or an association of such
sellers, who has received a certified farmers’ market certificate
from the county agricultural commissioner, and who or which manages
a certified farmers’ market under city permit.
Employee.
Any person employed by a qualified seller at a regular salary,
either full or part time, but not including any person whose compensation
in whole or in part is based on, or consists of, a commission on sales.
Family member.
A spouse, parent, child, sibling, grandparent, grandchild,
or any other person regularly residing in a qualified seller’s
household.
Qualified seller.
A person selling or offering for sale at a certified farmers’
market an item or commodity which he or she has:
1.
Grown upon land which the person
controls, in the case of fruits, nuts, vegetables or other plant products;
2.
Bred, raised, cultivated, or caught
in the case of honey; shell eggs; or animal, poultry or fish products;
3.
Cooked, canned, preserved, or otherwise
significantly treated, in the case of processed foods.
Resale.
Any sale other than by a qualified seller, a family member
or employee thereof.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992)
A. No person, business entity, or organization
of any kind shall advertise, maintain, operate, or conduct a certified
farmers’ market without first obtaining a certified farmers’
market permit from the planning director.
B. No person shall sell or offer to sell any
item at a certified farmers’ market unless authorized by the
market operator pursuant to a valid city permit issued pursuant to
this chapter.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992)
A. The applicant shall be an authorized representative
of the farmers’ market operator.
B. The application for a certified farmers’
market permit shall be on a form prescribed by the city and shall
be accompanied by the then current farmers’ market permit fee
as established by the city council. The permit application shall not
be deemed complete until the permit fee has been paid. The application
shall include all of the following information:
2. Hours of operation and dates;
3. Description of parking available to patrons
and growers;
4. Provisions for water and sanitary facilities
(toilets);
6. Documentation indicating that the property
owner consents to use of the property as a temporary certified farmers’
market;
7. A copy of the certified farmers’
market certificate issued by the Placer County agricultural commissioner;
8. Other information required by the planning
director.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992; Ord. 4146 § 1, 2004)
A. Within two working days of receipt of a
complete certified farmers’ market permit application, the planning
director shall circulate the application to affected city departments
for comments. The planning director shall also circulate a notice
of receipt of the application to property owners adjacent to the property
proposed for the market location for comments. Comments from affected
city departments and property owners shall be returned to the planning
director within 10 calendar days of the notice of receipt of application.
Within 20 calendar days of receiving the complete certified farmers’
market permit application, the planning director shall render a decision
to approve or deny the permit and mail a copy of the decision to the
applicant.
B. The planning director shall grant the certified
farmers’ market permit application upon a finding that the establishment,
maintenance or operation of the certified farmers’ market will
not, under the circumstances of the particular case, be detrimental
to the health, safety, and general welfare of persons residing or
working in the neighborhood of such proposed temporary certified farmers’
market, or be detrimental or injurious to property and improvements
in the neighborhood or to the general welfare of the city.
C. In approving an application for a certified
farmers’ market permit, the planning director may impose conditions
restricting operational characteristics, including but not limited
to market duration, time of day, or otherwise, when such restrictions
are deemed necessary in the interest of public health and safety.
D. An approved certified farmers’ market
permit shall expire one year from the date of approval, or other specified
time period as approved by the planning director. However, no certified
farmers’ market permit may be approved for a period exceeding
two years from the date of approval.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992; Ord. 4146 § 1, 2004)
A. Appeal from any finding of the planning
director may be made in writing, to the city council within 10 calendar
days from the date of the director’s action. Within the same
10-day period, the appellant shall pay the then current appeal fee
as established by the city council. Said appeal fee shall be nonrefundable.
B. The city clerk shall schedule a public
hearing to consider the appeal. Such hearing shall be held within
45 calendar days after the date of filing the appeal. The appellant
shall not be granted a continuance of the appeal beyond the 45-day
period.
C. After the appeal hearing, the city council
may sustain the action that is being appealed, grant the appeal or
modify the previous action subject to specified conditions. The city
council shall adopt findings, which specify the facts relied upon
in deciding the appeal.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992; Ord. 4146 § 1, 2004)
A. Except for Historic Old Town Roseville
(east of Washington Boulevard), Roseville Square (bordered by Harding
Boulevard, Douglas Boulevard, Estates Drive and Folsom Road), and
portions of downtown (bordered by Atlantic Street, Folsom Road, Linda
Drive, Oak Street, Pratt Street and Vernon Street), no farmers’
market shall operate on concurrent days within one-half mile of any
existing permanent non-certified farmers’ market.
B. The certified farmers’ market operator
shall insure that all qualified sellers currently have and display
at the market all appropriate permits, licenses and certificates,
and comply with all applicable federal, state and local laws, ordinances
and regulations.
C. No certified farmers’ market shall
be permitted to operate in the single-family residential (R1), residential
small lot (RS), two-family residential (R2) or attached housing (R3)
zone districts.
D. No certified farmers’ market shall
operate on city-owned property without prior written approval from
the office of the city manager. All markets conducted on city property
shall provide proof of liability insurance in coverage deemed necessary
by the city manager or the city manager designee.
E. Operation of a certified farmers’
market shall be limited to one day per week in any single location
permitted by this chapter.
F. No resale is permitted at a certified farmers’
market. Only qualified sellers may sell at a certified farmers’
market, with the following exceptions:
1. A family member or employee may sell for
a qualified seller, but no commissions may be paid or received in
connection with such sales.
2. A qualified seller may sell for another
qualified seller who is not a relative, provided that the seller is
also selling his or her own produce and displays both growers’
certificates.
3. A farmers’ market association may
engage in the resale of T-shirts, shopping bags, aprons or similar
items related to or in support of its organizational purposes.
G. The certified farmers’ market area
shall at all times be maintained in a clean and sanitary condition.
Each qualified seller shall remove containers, waste, and trimmings
before leaving the certified farmers’ market. Qualified sellers
may not use city trash bins.
H. Sanitary facilities (toilets and potable
water) shall be available to qualified sellers and patrons at all
times.
I. The certified farmers’ market shall
at all times comply with all conditions of the certified farmers’
market permit.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992; Ord. 3636 § 1, 2001; Ord. 4146 § 1, 2004)
The planning director or the city
council may revoke or suspend the temporary certified farmers’
market permit at any time upon a finding that any of the conditions
of the permit or the terms of or provisions of this chapter have been
violated.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992)
A violation of the requirements of
this chapter is punishable as an infraction.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992)
Applications for and maintenance
of all farmers’ markets other than a temporary, certified farmers’
market shall be governed by the provisions of the Zoning Ordinance
of the City of Roseville. Applications for and maintenance of a temporary
certified farmers’ market shall not be governed by the Zoning
Ordinance, but shall be governed by the provisions of this chapter.
(Ord. 2601 §
1, 1992; Ord. 2602 § 1, 1992)