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(a) Application consideration. An application for a permit pursuant to this Article IX must be submitted to the issuing authority, which will verify the information on the application form. The issuing authority is empowered to conduct any and all investigations to verify the information on the application. The issuing authority may include in its approval such conditions as may be necessary to ensure adequate parking and traffic circulation, to minimize impacts on adjacent property, to ensure compliance with all applicable laws and to otherwise protect the health, safety and welfare of the community. A permit may not be granted unless the issuing authority finds that:
(1) The conduct of the
will not impair the safe and orderly movement of pedestrian or vehicular traffic;
(2) The conduct of the
will not require the diversion of so great a number of city police resources as to pose an adverse impact on the health, welfare and safety of the public;
(3) The concentration of vehicles,
at the
will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the
;
(4) The conduct of the
is not reasonably likely to cause injury to
or property;
(5) Adequate sanitation and other required health facilities are or will be made available in or adjacent to the
area;
(6) There are sufficient parking places near the
;
(7) The applicant has paid all fees required in City Code Appendix A;
(8) The application meets all applicable code requirements; and
(9) The application is not detrimental to the public health, safety or welfare.
(b) Denial.
(1) Denying an application. The issuing authority may deny an application completely or in part. The issuing authority must explain the reason for denial in a written notice. The issuing authority must mail the notice of denial to the applicant at the street address provided in the application, and may send a copy electronically to the electronic mail address provided in the application. The notice of denial must inform the applicant that he or she has 20 days to request an administrative review, counting from the date the issuing authority mailed the notice of denial.
(2) Request for administrative review. An applicant has a right to request an administrative review of the issuing authority's decision to deny a permit. The applicant must serve the request for review on the issuing authority within 20 days, counting from the date the issuing authority mailed the notice of denial. The applicant must include with the request all documents and written arguments in support of the applicant's position.
(3) Written decision. If the issuing authority receives a request for administrative review within the 20-day period, the City Manager or the City Manager's designee must review the request and issue a written decision to the applicant within 20 days, counting from the date of receipt of the request. This written decision must be mailed to the applicant at the address on the permit application.
(a) Location.
are subject to the following location requirements:
(1) Zoning districts.
are permitted uses in multiple zoning districts as stated in Chapter 21 of the city code.
(2) Permitted within the right-of-way.
are permitted within the right-of-way subject to requirements in § 17.68 of this code.
(b) Sampling and demonstrations.
vendors providing food samples or conducting food and cooking demonstrations must do so in accordance with M.S. § 28A.151.
(c)
vendors.
(1) Primarily farmers. At least 60% of vendors must be farmers. The other vendors, up to 40%, are limited to the following types:
(A)
;
(B)
;
(C)
;
(D)
;
(E)
; and
(F) Vendors of services.
(d) Hours and frequency.
(1)
vendors are not allowed to begin setting up earlier than 7:00 a.m. if located on or within 250 feet of a residential property. This restriction does not apply to a farmers market vendor if all residential property within 250 feet of the vendor is situated on the other side of an arterial street.
(2) No
is allowed to be open for the transaction of business on any day of the week before 7:00 a.m. or after 8:00 p.m.
(3) The
is not allowed to conduct business for more than six total hours in a seven day period in the same location, except that
exempt from permit requirements under § 14.605 are not allowed to conduct business for more than eight total hours in a seven day period in the same location.
(4) The
is not allowed to operate more than twice per seven day period in the same location.
(5) The
site must be entirely free of refuse, litter, recyclables, equipment, and vendors two hours after the farmers market's advertised closing time.
(e) Parking.
(1) A
must provide three code-compliant parking stalls per market vendor.
(2) The applicant must demonstrate that display area and
parking will not negatively impact the parking required on site for non-
uses during periods when the
is open.
(f) Tents and canopies. Permits are required for tents subject to requirements stated in § 21.301.21.
(g)
goods.
(1) Compliance with local, state, and federal regulations.
(A) All items must be transported, prepared, labeled, displayed, stored, and sold in accordance with local, state and federal regulations and are subject to inspection.
(2) Prohibited vendors and goods. The following types of vendors are prohibited from
:
(A) Vendors selling any entity's non-food product as an agency, franchisee, distributor, or licensee; or on consignment; or by any third-party arrangement; and
(B) Vendors selling
.
(h) Signs. Signs for the are subject to requirements stated in Chapter 21, Article III, Division D of this code.
(i) Permits and licenses. All permits and licenses required by the Minnesota Departments of Health or Agriculture or city are the responsibility of the vendors.
(j) Market manager. All
must have a designated manager. The market manager must be present when the is open and is responsible for the supervision, management, and control of the , including:
(1) Obtaining any required permits for the
from the City of Bloomington;
(2) Ensuring compliance with the farmers market's policy documents and all the
requirements listed herein;
(3) Ensuring all market vendors are in compliance with all required local, state, and federal licenses and regulations prior to vending;
(4) Ensuring a current list of all market vendors is available to city staff to review at all times during the
season;
(5) Ensuring prompt removal of all refuse, litter, and recyclables from the
and areas of public right-of-way within 100 feet of the
; and
(6) Maintaining a record, on site and easily accessible to city staff and other officials, of all market vendors who qualify for exemption under M.S. Chapter 28A. Each individual vendor record must contain at minimum the following data:
(A) Vendor name, business name, and contact information;
(B) The address and approximate total acres of farm or garden;
(C) A list of farm products sold; and
(D) A list of vehicles used for delivery of farm products.
(k) Insurance. Commercial General Liability and Auto insurance for all vendors at a minimum of $1,000,000 must be obtained to cover any on city property that requires a permit under this Article IX. A certificate of insurance must be filed with the city.
A violation of any provision of this Article IX shall be a misdemeanor under state law.
(Ord. 2017-17, passed 6-5-2017)
If any section, subsection, sentence, clause or phrase of this Article IX is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article IX. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
(Ord. 2017-17, passed 6-5-2017)
ARTS AND CRAFTS FESTIVAL. An association of two or more art vendors or
who assemble at a defined location primarily for the purpose of selling directly to the consumer their arts or crafts.
ART VENDOR. Art, as used in this chapter, are those items which are handmade and sold only by the creator of the item or the creator's designated seller. Art items shall include, but are not limited to: handmade baskets, glassware, jewelry, macramé, needlework, painted clothing, paintings, pottery, rugs, wooden toys or carvings, and other similar items.
FOOD SERVICE VENDOR. A vendor who sells foods prepared for immediate consumption at the festival and who is licensed according to Minnesota law or city ordinance.
HANDICRAFTS. Non-food products that are substantially made or crafted by hand, where any materials used for crafting a product must be significantly altered or enhanced by the handicraft producer and handcrafted components must functionally and/or aesthetically dominate any non-handcrafted (commercial) components.
HANDICRAFT (CRAFT) VENDOR. A vendor who produces
, who has control over the means and methods of production and who assumes the principal financial and liability risk for the production enterprise.
ISSUING AUTHORITY. The City of Bloomington License Section, Building and Inspection Division, Environmental Services Division or City Fire Marshal.
VENDOR OF SERVICES. A vendor who provides a service intended for immediate consumption including, but not limited to, chair massage and face painting.
(Ord. 2019-4, passed 1-7-2019)
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