[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:
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, with one
additional market date between November 15 and January 15.
[Amended 3-19-2021 by Ord. No. 0321-05]
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:
A.
The name of the applicant and whether it is incorporated.
B.
The Employer Identification Number or other identifying
number assigned to the applicant by the Internal Revenue Service.
C.
The mailing address of the applicant and any telephone
number.
D.
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.
E.
The intended day of the week, hours, and the beginning
and ending date for the operation of the farmers market.
F.
Equipment and other resources the applicant has available
for operation of the farmers market.
G.
The experience, in the operation of a farmers market
or other similar enterprise, of the organization and those individuals
who will be directly responsible.
H.
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:
A.
He shall base his decision on the following:
(1)
Past experience of the various applying organizations
with the operation of the farmers market.
(2)
The equipment and other resources available to the
applying organizations.
(3)
The level of relevant experience of the individuals
who will be responsible for the operation of the farmers market.
(4)
Preference shall be given to organizations organized
and based within the City limits.
(5)
Preference shall be given to organizations that have
demonstrated a commitment to benevolent work within and around the
City.
B.
He may reject the application of any organization
that has previously held a permit and failed to satisfactorily operate
the farmers market.
C.
He shall issue his findings and determination in writing.
D.
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.
A.
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.
B.
The farmers market shall be operated for a maximum
of four hours on any day.
C.
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.
D.
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.
[Amended 3-19-2021 by Ord. No. 0321-05]
On all days that the farmers market is operated
there shall be a minimum of five vendors and a maximum of 38 vendors
present.
A.
Vendors shall be chosen to make the widest selection
of produce and food products available.
B.
Preference shall be given to vendors closest to Rehoboth
Beach and those that grow their product or incorporate the least previously
processed ingredients.
C.
In accordance with generally accepted standards, there
shall be no discrimination in the selection of vendors.
D.
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.
A.
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.
B.
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.
[Amended 3-19-2021 by Ord. No. 0321-05]
The permit holder shall pay a fee of $500 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.
