[HISTORY: Adopted by the Commissioners of Rehoboth Beach 5-21-2007 by Ord. No. 0507-01. Amendments noted where applicable.]
The Commissioners of the City of Rehoboth Beach find that the operation of a farmers market in the City gives the residents and visitors to Rehoboth Beach an opportunity to purchase fresh produce and other food products to which they might not otherwise have access, provides a market for local growers and fosters a sense of community. It is therefore the policy of the City of Rehoboth Beach to permit and encourage, under clearly defined conditions, the operation of a farmers market in Grove Park.
As used in this chapter, the following terms shall have the meanings indicated:
- FARMERS MARKET
- A market organized and operated by a local organization at which farmers, growers or producers from the local area are present in person to sell their own produce, direct to the public from a stall. The majority of products sold will have been grown, reared, caught, pickled, baked, smoked or processed by the vendor.
- Any entity legally formed in the State of Delaware and which has been ruled to be tax-exempt under section 501(c)(3) of the Internal Revenue Code.
- The period from May 1 to October 31 of any year.
- Any person or entity, separate from any other vendor, who grows and/or markets a product which is typically not marketed widely, but is sold at the vendors facility or other farmers markets and who pays the permit holder a fee to sell at the farmers market. The permit holder may be considered a vendor and sell products during the hours of the farmers market.
No one shall operate a farmers market until first having obtained a permit from the City. Only one permit shall be issued each season to operate a farmers market in Grove Park.
The administration of this chapter shall be by the City Manager.
Any organization desiring to operate the farmers market for the ensuing season shall, by January 1, file an application with the City Manager providing at a minimum the following information:
The name of the applicant and whether it is incorporated.
The Employer Identification Number or other identifying number assigned to the applicant by the Internal Revenue Service.
The mailing address of the applicant and any telephone number.
The names, addresses and telephone numbers of at least three officers or directors of the applicant who will be responsible for operation of the farmers market and their relevant experience.
The intended day of the week, hours, and the beginning and ending date for the operation of the farmers market.
Equipment and other resources the applicant has available for operation of the farmers market.
The experience, in the operation of a farmers market or other similar enterprise, of the organization and those individuals who will be directly responsible.
The intended disposition of the net proceeds, if any, of the operation of the farmers market.
The City Manager shall be vested with the sole discretion to issue a permit to the applying organization which in his determination best meets the purpose and policy of this chapter, in accordance with the following:
He shall base his decision on the following:
Past experience of the various applying organizations with the operation of the farmers market.
The equipment and other resources available to the applying organizations.
The level of relevant experience of the individuals who will be responsible for the operation of the farmers market.
Preference shall be given to organizations organized and based within the City limits.
Preference shall be given to organizations that have demonstrated a commitment to benevolent work within and around the City.
He may reject the application of any organization that has previously held a permit and failed to satisfactorily operate the farmers market.
He shall issue his findings and determination in writing.
He may reject all applicants, if in his determination none of the applicants has the necessary experience and resources to successfully operate the farmers market.
The permit holder shall operate the farmers market one day per week as indicated in the permit, which shall not be a Friday, Saturday or Sunday and shall not change days of the week without authorization of the City Manager.
The farmers market shall be operated for a maximum of four hours on any day.
The permit holder shall have two hours before and two hours after the close of the farmers market to set up and remove its equipment.
The permit holder shall determine when to start at the beginning of the season, but there after shall operate the farmers market each week until they determine to terminate operation for the season. If the farmers market fails to operate any week during this period, for any reason other than inclement weather, the permit holder shall give satisfactory reason to the City Manager why he should not revoke their permit.
Only those vendors selected and approved by the permit holder may set up and sell during the hours of the farmers market.
On all days that the farmers market is operated there shall be a minimum of five vendors and a maximum of 25 vendors present.
Vendors shall be chosen to make the widest selection of produce and food products available.
Preference shall be given to vendors closest to Rehoboth Beach and those that grow their product or incorporate the least previously processed ingredients.
In accordance with generally accepted standards, there shall be no discrimination in the selection of vendors.
The permit holder shall be the sole judge as to which vendors to include in the farmers market. No vendor shall inure any rights or privileges from the City by virtue of having been selected by the permit holder to participate in the farmers market.
Before a permit is issued and at all times that a permit is active the permit holder shall have in force a liability insurance policy in the minimum amount of $1,000,000 for bodily injury and $120,000 for property damage issued by a company licensed to do business in the State of Delaware in which the permit holder shall be the party insured, naming the City as an additional insured.
There shall be no admission charge levied by the permit holder for any person to enter Grove Park or the area of the farmers market at any time.
No person shall be denied access to Grove Park by the permit holder, except that no one shall be granted access by the permit holder who has previously been barred from the park by the City or other governmental authority having jurisdiction.
One motor vehicle per vendor shall be permitted in Grove Park during the hours approved for the farmers market including setup and break-down; however, motor vehicles shall be located only where there will be no adverse impact to the park and where the City Manager approves.
The permit holder shall have the use of the two pavilions located in Grove Park during the hours of the farmers market; and the City Manager shall not accept any reservation for either pavilion during the hours of the farmers market.
The permit holder shall be responsible to leave Grove Park in as neat and clean a condition at the end of each event as it was at the start. No equipment or other material shall be stored in the park or left in the park overnight unless previously approved by the City Manager.
Demonstrations sponsored by the permit holder and related to food, the preparation of food or other related subjects shall be permitted during the hours the farmers market is in operation. Entertainment sponsored by the permit holder and limited to that which does not create a nuisance in the neighborhood shall be allowed if permission is first obtained from the City Manager. The City Manager may withhold permission if in his sole discretion he feels the proposed entertainment is inappropriate or might constitute a nuisance to the neighborhood.
The permit holder shall, at all times the farmers market is in operation, have sufficient persons staffing the farmers market to ensure that the event remains orderly and attendees concerns and needs are adequately addressed.
The permit holder shall pay a fee of $100 to the City for the season. Vendors shall not be required to be separately licensed by the City.
The City Manager may revoke the permit of any organization to which a permit has been issued, pursuant to provisions of this chapter, because of any violation of the provisions of this chapter or of any other ordinance of the City or of any statute of the State of Delaware, or of any statute of the United States of America; provided, however, that before any permit is revoked by the City Manager, he shall personally meet with a representative of the permit holder to review in detail the specifics of the violation. The permit holder shall have five days to correct the violation; if at the end of this five-day period the violation remains or if the violation recurs the same season then the City Manager in his sole discretion may revoke the permit.