[HISTORY: Adopted by the City Council of the City of Marlborough 4-27-1992 by Ord. No. 92-4411B (Ch. 124 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building and site development — See Ch. 270.
Junk and secondhand dealers — See Ch. 377.
Outdoor sales from fixed location — See Ch. 468, Art. III.
Zoning — See Ch. 650.
A. 
Open air markets are allowed in a district where said use is specifically allowed by zoning and subject to conditions and restrictions specified by the City Council only when licensed by the City Council.
B. 
No owner, lessor or other authorized person in control of land shall operate an open air market unless licensed by the City Council for a site where said use is specifically allowed by zoning and subject to conditions and restrictions specified by the City Council.
As used in this chapter, the following terms shall have the meanings indicated: An Open Air Market, as used herein,
OPEN AIR MARKET
Shall include, but not be limited to, a flea market or other business transacted by one or more sellers in the open air or from a vehicle, or under a tent or other temporary structure, where the primary purpose of the market is business-related, except the following shall not require a license:
A. 
A mobile food service licensed by the Board of Health.
B. 
Outdoor farm stand for the sale of produce raised on the premises.
C. 
Outdoor Christmas tree sales.
D. 
Outdoor sales of an occasional nature which are incidental and accessory to business conducted within a building.
E. 
All publicly sponsored or charitable sales or bazaars.
A. 
The fee for a license issued pursuant to this chapter shall be as follows:
(1) 
Application fee: $150.
[Amended 2-9-2004 by Ord. No. 04-9962C]
(2) 
For advertising, paid at the time of the application: $50.
B. 
No holder of an open air market license shall carry on the business in any other place than that designated in its license.
A. 
The City Council shall make restrictions and conditions as follows:
(1) 
The license of the market operator shall be valid for one year and may be renewed by the City Council.
(2) 
Applicant shall provide, in its application for a license to operate, the following:
(a) 
A detailed site plan, such plan to conform to the standards for site plans submitted for special permit applications.
(b) 
A detailed proposal for police security and traffic control.
(c) 
A detailed proposal for the cleaning and restoration of the area as well as any abutting area in its applications. Said cleanup, removal and restorations shall be completed within 24 hours of the end of the operations.
B. 
The following shall be determined by the City Council:
(1) 
Hours of operations.
(2) 
Hour which vendors/sellers may set up and hour which vendors/sellers must vacate the premises after closing.
(3) 
Hour when consumers/patrons may enter the premises for any reason before opening.
C. 
The applicant shall be responsible for compliance with all City ordinances by vendors, patrons, applicants, its employees and agents.
D. 
No alcoholic beverages shall be allowed, sold, used or consumed on the site in any manner.
E. 
The City Council in its review of any applications for operation of an open air market shall hold a public hearing on said applications and shall require the applicant to notify all abutters within 300 feet as determined by the Assessor's Office and certifying the same to the Council. Said notice shall be given no less than 14 days before said public hearing.
F. 
The City Council shall determine, prior to the issuance of any license, that said license shall not have an adverse impact on the area of said license.
G. 
The City Council, after notice to the license holder and after a hearing, may revoke any license issued if the licensee has failed to conform to the rules and regulations of the City of Marlborough and the conditions and requirements of the license.
H. 
No overnight camping, residing or otherwise staying on the premises shall be allowed for any persons.