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.
A temporary market meeting the requirements of California Code of Regulations Title 3, Section 1392 et seq., as those sections now exist or may hereafter be amended, and certified as such by the Placer County agricultural commissioner.
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:
1. 
Site plan;
2. 
Hours of operation and dates;
3. 
Description of parking available to patrons and growers;
4. 
Provisions for water and sanitary facilities (toilets);
5. 
Requested signage;
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)