7-38-142  Produce merchants – Operational requirements – Unlawful acts.
   It shall be unlawful for any produce merchant to engage in any of the following activities at any produce stand operated by such produce merchant:
   (1)   To equip such produce stand with an electronic sound-amplifying device;
   (2)   Unless specifically allowed by the Commissioner of Business Affairs and Consumer Protection pursuant to objective criteria adopted by rule, to make sales from such produce stand between the hours of 10:00 P.M. and 6:00 A.M.;
   (3)   To fail to comply with any applicable rules, including, but not limited to, any rules governing the physical characteristics, size, appearance or signage of a produce stand;
   (4)   To conduct business activities at such produce stand in a manner that impedes the flow of vehicular or pedestrian traffic;
   (5)   To use a portable generator at such produce stand or to connect such produce stand to water, electrical or utility services of any type;
   (6)   To dump or dispose of water or waste onto the public way, private or public property;
   (7)   To obstruct or block any sidewalk, driveway, public way, parking zone, loading zone or drop-off zone at or in connection with the operation of such produce stand;
   (8)   To sell any items at such produce stand other than: (i) produce, or (ii) beverages meeting the definition of “prepackaged and non-perishable food” in Section 4-8-010. Any such beverages sold shall not contain more than 1 gram of added sugars per serving as the term “added sugars” is defined by the U.S. Food and Drug Administration at 21 C.F.R. Section 101.9(c)(6)(iii);
   (9)   To combine any activity authorized under a mobile food vendor license to engage in a produce merchant business with any activity for which a different or separate license or permit is required under this Code, other than a public way use permit issued under Chapter 10-28 of this Code, including, but not limited to, any permit required in connection with participation in any farmers market, as defined in Section 4-12-010, or any outdoor special event, as defined in Section 10-8-335;
   (10)   To display produce items at such produce stand on the ground or in any area other than the designated produce stand;
   (11)   To fail to affix and display in a conspicuous location at such produce stand a copy of a valid mobile food vendor license to engage in a produce merchant business, and, if the produce stand is on the public way, a valid public way use permit issued by the Department of Business Affairs and Consumer Protection;
   (12)   To use or to cause to be used any open fire or flame at such produce stand, including, but not limited to, any candle, open-flame heating device, open-flame illuminating device, torch or similar object;
   (13)   To allow such produce stand to touch, lean against or be affixed to any building, structure, vehicle or other fixture;
   (14)   To fail to keep the area within 20 feet of such produce stand free of trash;
   (15)   To fail to keep on the licensee’s person, at all times when such produce display stand is being set up, operated or disassembled, proof that the owner of the property on which such produce display stand is located has given the licensee written permission to erect and operate such produce display stand at that specific location at that specific time, or that the licensee has been issued a public way use permit for the operation of a produce stand at that specific location;
   (16)   To exceed the scope of any written permission given to the licensee by the owner concerning the operation of such produce stand on the owner’s property, or the scope of any public way use permit;
   (17)   To operate a produce stand directly in front of or immediately adjacent to any fixed business engaged in the business of selling the same produce as sold at the produce stand, or to operate a produce stand within 200 feet of another produce stand.
(Added Coun. J. 6-6-11, p. 28654, § 2; Amend Coun. J. 7-25-12, p. 31326, § 2; Amend Coun. J. 7-20-16, p. 28718, § 4; Amend Coun. J. 12-13-17, p. 63286, § 3; Amend Coun. J. 3-13-19, p. 96592, § 18)