This chapter shall constitute and be known as
the "Market Ordinance of the City of Rochester."
In this chapter, the words import singular or
plural as the case demands. As used in this chapter, the following
terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of Recreation and Human Services, or his
or her designee.
[Added 9-1-1987 by Ord. No. 87-299; amended 6-20-2006 by Ord. No. 2006-196; 10-13-2020 by Ord. No.
2020-316]
COMMISSION MERCHANT
A person who receives any kind of farm produce on consignment
as the agent for another or who buys outright and sells or offers
for sale such produce from an established business location on a jobbing
or wholesale basis for resale purposes.
CONSUMER
A person who buys produce for the purpose of consuming it
himself or herself or of selling it in prepared form in a restaurant,
hotel or other eating place.
[Amended 2-14-2006 by Ord. No. 2006-22]
DEALER
Any person who is a resident of Rochester or Monroe County
and who buys products outside of the market, none of which are grown
in New York State, and trucks to the Public Market the whole or any
portion of the products sold or offered for sale by him or her and
sells such products from a stall space in the Public Market which
he or she has rented on a seasonal basis.
[Amended 4-9-1963; 9-3-1985 by Ord. No. 85-383; 2-14-2006 by Ord. No. 2006-22]
FARMER-DEALER
A person who buys products outside of the market that are
grown only in New York State and trucked to the Public Market, the
whole or any portion of the products sold or offered for sale by him
or her, and sells such products from a stall space in the Public Market,
which he or she has rented on an annual basis.
[Amended 4-9-1963; 2-14-2006 by Ord. No. 2006-22]
FORESTALLING
To intercept any person on his or her way to the Public Market
to buy up or attempt to buy up a part or all of his or her product
or to dissuade or attempt to dissuade him or her from proceeding to
the Public Market, for the purpose of reselling goods so bought or
of decreasing the amounts or enhancing the prices of products offered
for sale on such market.
[Amended 2-14-2006 by Ord. No. 2006-22]
GROWER-FARMER
A person who is actually engaged in the business of growing
farm products on land owned or leased by himself or herself, or a
member of the family of such person, or an employee of such person
for a salary or wage, who sells or offers for sale products grown
in New York State from a stall space in the Public Market, provided
that such products shall consist of at least 50% of his or her own
production.
[Amended 4-9-1963; 2-14-2006 by Ord. No. 2006-22]
HUCKSTER
Any person who purchases products upon the market or elsewhere and offers the same for sale on the City streets or alleys outside of the market or sells to consumers on or at the market under a license issued pursuant to the provisions of Chapters
68 and
62 of this Code.
PERSONS
Includes natural persons, partnerships, associations and
corporations.
PUBLIC MARKET or MARKET
The space designated in this or other like chapter on which
shall be carried on the buying or selling of farm products during
specified days and hours.
SUPERVISOR OF MARKETS
The Supervisor of Markets as provided for in the Charter
of the City of Rochester, who shall also be the Market Master, or any representative
in the Market Bureau to whom the duties and powers of such Supervisor
of Markets shall be delegated.
[Amended 9-3-1985 by Ord. No. 85-383]
VENDOR
One who sells on the market.
That tract of land within the City of Rochester
south of Pennsylvania Avenue bounded on the north by private property
fronting on the tract from North Union Street to First Street, on
the east by private property fronting on the tract from Peck Street
to Railroad Street across Railroad Street to the property line of
the New York Central Railroad, on the south by the property of the
New York Central Railroad and on the west by the center of North Union
Street, together with adjoining parcels of land on the north and east,
which territories are more fully described by metes and bounds in
a map on file in the office of the City Engineer, is hereby declared
to be the public market known as the "Rochester Public Market" and
subject to the provisions of this chapter.
[Amended 5-11-1954; 2-23-1960; 2-10-1981 by Ord. No. 81-46; 9-3-1985 by Ord. No. 85-383]
A. Only wholesome food products, except those which are
hereinafter prohibited, may be sold on the Public Market. Livestock,
except rabbits, goats, lambs and poultry, shall not be sold on the
public market.
B. There may also be sold on the market at times designated
by the Supervisor of Markets or the Commissioner certain other produces
of the farm, garden or forest or other new merchandise.
[Amended 9-1-1987 by Ord. No. 87-299]
C. On days on which the Public Market is not open for
the sale of food products, the Commissioner may authorize the use
of the market for the sale of other merchandise.
[Amended 9-1-1987 by Ord. No. 87-299]
[Amended 5-11-1954; 2-23-1960; 3-22-1960; 4-9-1963; 2-10-1981 by Ord. No. 81-46; 9-3-1985 by Ord. No. 85-383]
A. Stalls, stands or spaces in the Public Market shall
be leased according to the requirements established in this section.
B. Every person who desires to lease a stall, stand or
space on the Public Market on either a daily, weekly, monthly or annual
basis shall first register in the office of the Supervisor of Markets
and fill out, under oath, an application giving such information with
reference to the applicant's name, address, character, nature, extent
and location of his or her business and such other information as
may be deemed necessary by the Supervisor of Markets and the Commissioner
for the protection of the public welfare and the proper administration
of the market.
[Amended 9-1-1987 by Ord. No. 87-299; 2-14-2006 by Ord. No. 2006-22]
C. The Supervisor of Markets shall issue an official
identification which shall be prominently displayed by all persons
selling on the market as prescribed in the rules and regulations of
the Public Market.
D. The Public Market shall be operated as an enterprise
activity without cost to the taxpayers of the City of Rochester. The
Commissioner shall establish minimum rental rates for the use of the
market in order to assure the balanced financial operation of the
market enterprise.
[Amended 9-1-1987 by Ord. No. 87-299]
E. The Supervisor of Markets shall designate the stalls,
stands or spaces on the Public Market which shall be leased to persons
wishing to sell on the market.
F. The Commissioner shall cause the stalls, stands or
spaces to be leased on the Public Market on a first-come-first-served
basis at the minimum rental rate or direct an auction of the stalls,
stands or spaces for the season, after establishing minimum bids to
be required at said auction. In years without an auction, a person
who rented a stall, stand or space for the previous season shall have
the first opportunity to renew the lease for the same stall, stand
or space for the following season.
[Amended 9-1-1987 by Ord. No. 87-299]
G. All market stalls, stands or spaces leased on an annual,
monthly or weekly basis shall be known as "reserved stall space."
Any stall, stand or space not rented by the year, month or week shall
be known as "unreserved stall space."
H. The Supervisor of Markets may lease to eligible applicants
by the day any unreserved stall space available at the time of application.
No person shall enter a reserved stall space which remains vacant
and sell therefrom, unless such reserved stall space is properly leased
and assigned for the day by the Supervisor of Markets or members of
the Supervisor's staff. Any person permitted to lease a reserved stall
space for the day, when vacant, shall vacate such stall space at any
time the holder of said stall space wishes to enter the stall, and
such person shall be assigned without additional charge to any other
vacant stall space to which said person is eligible.
I. Hucksters shall be required to lease single stalls,
stands or spaces on a seasonal basis.
J. Persons renting stalls, stands or spaces on the Public
Market may not sell, sublet or assign their privileges on the market.
K. The Commissioner is authorized to promulgate rules
and regulations governing the leasing of stalls, stands and spaces
on the Public Market and implementing the requirements set forth in
this section.
[Amended 9-1-1987 by Ord. No. 87-299]
[Amended 9-3-1985 by Ord. No. 85-383]
All products offered for sale on the market
shall be subject to inspection by the Supervisor of Markets or any
duly authorized City or state official.
Forestalling is prohibited.
No buyer or seller on the Public Market shall
enter into any agreement or join any organization or combination for
the purpose of raising, lowering or fixing abnormal or artificial
prices of products sold on the said market or from keeping products
off the market or assist others in any manner to accomplish this purpose.
[Added 11-19-2002 by Ord. No. 2002-354]
A. The provisions of Chapter
120 of the Municipal Code, Zoning Code, shall be applicable to all development, redevelopment and exterior alterations to existing buildings within the Public Market.
B. The provisions of §
120-76 of Chapter
120 of the Municipal Code, Zoning Code, shall be applicable to uses within the Public Market.
[Amended 7-22-1969 by Ord. No. 69-329; 9-3-1985 by Ord. No. 85-383]
A. Violations involving the parking, standing or stopping of motor vehicles shall be heard and determined in the Parking Violations Bureau, and violators shall be subject to the penalties established in §
111-85 of the Municipal Code.
B. Other violations of this chapter shall be punishable
by a fine not exceeding $150 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment, or by a penalty of not less
than $50 nor more than $500, to be recovered by the City of Rochester
in a civil action. In addition, vendors violating rules and regulations
of the public market may be barred by the Commissioner from selling
on the market for up to one month for a first offense, for the rest
of the season for a second offense and permanently for a third offense,
after the vendor has been served with a notice of the charges and
then granted an opportunity to be heard before the Commissioner or
a person designated by the Commissioner to conduct the hearing and
make a recommendation to the Commissioner.
[Amended 9-1-1987 by Ord. No. 87-299]
C. The court may require a violator to make reparation
to the city, in an amount he or she can afford to pay, for the loss
or damage he or she caused to the Public Market.
[Amended 2-14-2006 by Ord. No. 2006-22]