(A) Borough Council shall have the right to authorize a non-profit organization or community-based organization (the “sponsor”) to conduct a farmers’ market upon the streets, parks, or other public areas in the borough at such dates, times, and locations as Council deems appropriate and subject to such additional terms and conditions as Council deems appropriate.
(B) As used herein, the term FARMERS’ MARKET shall mean the sale of fruits, vegetables, other produce, bread and bakery products, meat and meat products, dairy products, or other food items and plants which are grown or produced primarily by the vendor and which are intended primarily for home consumption or use.
(C) Vendors who obtain a permit from the sponsor of the farmers’ market shall not be required to obtain a transient retail business license for sales conducted at the authorized farmers’ market.
(D) The sale of items included within the definition of farmers’ market items under division (B) above by persons who have not received a permit from the sponsor of the farmers’ market shall be subject to the following restrictions:
(1) On days on which the farmers’ market is in operation, no license shall be issued for the sale of such items outside of the farmers’ market;
(2) On days on which the farmers’ market is not in operation, but which are seven days or less prior to a farmers’ market day, or seven days or less after a farmers’ market day, a license may be issued provided a license fee is paid in the amount established, from time to time, by resolution of Borough Council; and
(3) On days on which the farmers’ market is not in operation and which are more than seven days prior to a farmers’ market and more than seven days after a farmers’ market, a license may be issued without license fee pursuant to the terms of § 111.03.
(Ord. 2008-04, passed 7-7-2008)