(a) Eligibility Requirements. Any permittee who is a regular Market vendor may request a permanent location in the Market. To the extent that the Commissioner determines that it is logistically and operationally feasible to accommodate such requests, the Commissioner is authorized to assign permanent locations in the Market to regular Market vendors. Such assignments shall be made on a first-come, nondiscriminatory basis based on the order in which permit applications requesting a permanent location at the Market are received from regular Market vendors, with preference given first to legacy vendors and secondarily to featured vendors who make such a request pursuant to Section 4-11-050(i). Holders of single-day permits are not eligible to request a permanent location in the Market.
(b) Retention Requirements. If a permittee is assigned a permanent location in the Market during any calendar year pursuant to subsection (a) of this section, such permittee shall be allowed to retain that permanent space during the next calendar year and each consecutive calendar year thereafter so long as the permittee continues, without lapse, to hold a valid permit under this chapter and to be a regular Market vendor. Provided, however, that the Commissioner, in his or her discretion, may relocate or reassign any permanent vendor space in the event of operational necessity or special circumstances. Provided further, that the Commissioner may also relocate or reassign permanent vendor spaces during the Markers low season, from December to March, for operational purposes. In such case, the affected vendor may be permitted to return to their permanent vendor space in April.
(c) Permanent Location Reservation Fee – Payment. Any permittee who requests and is assigned a permanent location in the Market shall be assessed the permanent location reservation fee set forth in subsection (e) of this section. Such fee shall be: (1) in addition to the permit fee required under Section 4-11-060(b); (2) payable to the Department upon notification from the Department that the permanent location has been approved; and (3) non-refundable.
(d) Failure to Arrive in a Timely Manner. If a person who has been assigned a permanent space in the Market fails to arrive at the Market within one hour prior to the time the Market is scheduled to open to the public, such person’s permanent space at the Market for that day may be reassigned by the Commissioner to another properly permitted vendor for use on that day in accordance with Section 4-11-070(a).
(e) Permanent Location Reservation Fee. The fee to reserve a permanent location in the Market shall be as follows:
(1) Legacy vendor.....$50.00 per calendar year
(2) Featured vendor.....$75.00 per calendar year
(Added Coun. J. 3-13-19, p. 96577, § 13)