§ 20.11.155. Farmers' market.

1.

Purpose and intent. The purpose and intent of a Farmers Market is to allow local farmers to sell agricultural products directly to the community and for the community to have the opportunity to buy locally grown produce and other agricultural products. The intent of the following conditions is to ensure that the operation of the Farmers' Market is consistent with protection of health, safety, and welfare of the City.

2.

Definition. For the purpose of this article, the following definitions shall apply unless the context indicates or requires a different meaning:

a.

A "Farmers' Market" is a public market at which farmers and often other vendors sell produce directly to consumers. The term Farmers' Market applies to a Certified Farmers' Market and non-Certified Farmers Market.

b.

A "California Certified Farmers Market (CFM)" is:

i.

Operated by a local government agency, one or more certified producers, or a nonprofit organization;

ii.

Certified by and operating in a location approved by the County Agricultural Commissioner; and

iii.

Where farmers sell their own agricultural products or processed products made from agricultural products directly to consumers ("direct marketing").

If the applicant does not meet the requirements of a Certified Farmers' Market, the applicant may operate a non-Certified Farmer's Market but shall adhere to the regulations established in this section.

c.

A "Farmers' Market operator" is the person that manages the Farmers' Market.

d.

A "Farmers' Market vendor" can be a producer and/or farmer.

3.

Allowed zone district. All Farmers' Markets are prohibited in any zone district except for General Commercial (GC), Downtown Commercial (DC), Community Retail Commercial (CRC), and Industrial (I) and is subject to conditional use permit approval by the City.

4.

Permit and fees.

a.

At all operating times, all Certified Farmers' Markets shall have in effect a current and valid approval for a Certified Farmers' Market issued by the Kern County Agricultural Commission in accordance with applicable State Law and/or all non-Certified Farmers' Market shall have a current and valid approval from the City;

b.

Farmers' Market operators and vendors shall pay any and all additional fees, assessments or costs related to the project, which are levied or required by any and all public agencies; and

c.

All Certified Farmers' Market operators and vendors have obtained required operating and health permits. The permits (or copies) shall be in the possession of the Farmers' Market operator or vendor, and on the site of the Farmers' Market during all operating hours.

5.

Parking regulations.

a.

The location of a Farmers' Market must have sufficient parking for Farmers' Market customers or not impair public safety and cause traffic congestion on public rights-of-way.

b.

Parking shall be provided at a ratio 1.5 parking space per vendor stall.

c.

Vendors shall be permitted to park their personal vehicles within individual stalls where space permits.

6.

Sign regulations.

a.

Signs advertising the Farmers' Market are subject to the provisions of Section 20.14.60 (Flags, Pennants, and Banners) of the City's Zoning Ordinance.

7.

Regulations.

a.

All Farmers' Markets and vendors shall comply with all the provisions of the Delano Zoning Ordinance and Municipal Code;

b.

All Farmers' Markets and vendors shall comply with all applicable Federal, State, and Local laws. Regulations also include, but are not limited to the following:

i.

California Department of Food and Agriculture pertaining to Direct Marketing (Article 6.5, Group 4, Subchapter 1, Chapter 3, Title 3 of the California Administrative Code);

ii.

California Food and Agricultural Code pertaining to Direct Marketing (Division 17, Chapter 10.5, Sections 47000-47050);

iii.

Department of Public Health California Health and Safety Code pertaining to Certified Farmers' Markets (Division 104, Part 7, Chapter 12, Sections 114370-114373); and

iv.

Kern County Environmental Health Services Department regarding agricultural products sold at Certified Farmers' Market.

c.

All Farmers' Markets and vendors shall accept forms of payment by participants of federal, state, and local food assistance programs including Women, Infants, and Children (WIC) Farmers' Market Nutrition Program (FMNP) and Senior Farmers' Market Nutrition Program;

d.

Agricultural products shall comprise at least seventy-five percent of the retail space available;

e.

The sale of other agricultural products such as processed food (cheese, dried fruit, etc.), or craft related products, shall not exceed twenty-five percent of the available retail space;

f.

The sale of second-hand or used merchandise is prohibited;

g.

The sale of alcohol products is limited to wine only, by bottle, and is subject to the regulations of Alcoholic Beverage Outlet in Section 20.11.50 of the Zoning Ordinance and provided the vendor has obtained Permit 79 from the Alcoholic Beverage Control (ABC) Department. Due to the privileges granted by Permit 79, wine tasting and consumption is prohibited on-site;

h.

Prices shall be posted and visible to the consumer;

i.

All Farmers' Markets operators and vendors shall be responsible for the proper disposal of waste and any excess produce and other refuse;

j.

The location of the Farmers' Market shall be in an area that contains ground paving such as concrete, gravel, or approved equivalent to reduce dust;

k.

Operational hours of the Farmers' Market shall be limited to no more than three times a week with hours of no earlier than 8:00 a.m. and no later than 7:00 p.m., and maximum operational duration of four hours. Set-up time shall be limited to one hour before operating time and clean-up shall be limited to one hour after closing time;

l.

The Farmers' Market operator shall be responsible for providing lighting during operational hours;

m.

Farmers' Markets and vendors must provide their own equipment and must meet all health and safety requirements;

n.

Farmers' Market operators shall submit a set of Farmers' Market Rules and Regulations to the Community Development Department. These rules and regulations shall include, but are not limited to the following:

i.

Details of operation.

ii.

Details of stalls and set-up and clean-up.

iii.

A set of resolutions for disputes. Disputes shall be resolved between the Farmers' Market operator and party involved. If the dispute cannot be resolved, the concern may be raised to the Community Development Department.

o.

A Farmers' Market proposed to be located on public property shall have proof of liability of insurance in accordance with the City of Delano policy;

p.

A non-certified Farmers' Market shall become a Certified Farmers' Market within two years of the approval date of the conditional use permit; and

q.

No person under the age of eighteen shall be permitted to sell goods or work as a Farmers' Market vendor unless his/her parents or guardian have given written permission and said individual is supervised by an adult at all times.

(Ord. No. 2009-1205, § 1(Exh. A), 9-21-2009)