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SECTION:
2-12A-1: Definitions
2-12A-2: Permit Required
2-12A-3: Application
2-12A-4: Alcoholic Beverages Disallowed Unless Specific Permission Granted
2-12A-5: Fees
2-12A-6: Safety Protection; Barricades; Cost Of Police Protection
2-12A-7: Approval Process
2-12A-8: Compliance With Laws Prior To The Issuance Of Permit
2-12A-9: Conditions For Issuance Of Permit
2-12A-10: Indemnification And Insurance Requirement
2-12A-11: Duration Of Market Event
2-12A-12: Property Owner Approval
2-12A-13: Cleanup Of Event Site
2-12A-14: Denial Or Revocation Of Permit
2-12A-15: Interfering With Market Event Prohibited
2-12A-16: Animals Prohibited
2-12A-17: Penalty For Violation
As used in this chapter, unless the context otherwise requires, the words and terms defined in this section have the meanings ascribed to them as follows:
APPLICANT: Any person or organization seeking a market permit to conduct a market as described in this chapter.
APPLICATION FEE: The fee to be paid by the applicant at the time the application is filed with the business license official. Such fee shall be set by resolution of the city council and shall be nonrefundable.
CERTIFICATION OR CERTIFICATE: A certificate issued by a state authorizing a producer to sell farm products in the state in which the farm products are grown.
FARMERS MARKET: A temporary or permanent business establishment from which a producer or farm product vendor can sell farm products directly to customers. A farmers' market may also include non-farm product vendors in accordance with this Chapter.
FARM PRODUCTS: All agricultural, horticultural, viticultural and vegetable products of the soil. The term does not include timber products.
FARM PRODUCT VENDOR: A producer, or an authorized agent of a producer, who sells, offers for sale, displays or takes orders for future delivery of farm products in conjunction with a farmers' market.
MARKET: This shall include flea markets, swap meets, food truck roundups, craft sales or any similar gathering by multiple vendors where sales made to attendees of such event.
MARKET PERMIT: The permit to be issued by the city manager or his designated appointee in accordance with this chapter or actually issued after the applicant has met all reviews and requirements set forth by this chapter.
MARKET PROMOTER: Any person who:
A. Promotes a farmers' market or other market type covered under this article by marketing, advertising and soliciting vendors;
B. Operates a farmers' market or other market type covered under this article by negotiating vending space, managing and controlling market operations; or
C. Both promotes and operates a farmers'market or other market covered under this article.
NON-FARM PRODUCT VENDOR: Any person who sells, offers for sale, displays or takes orders for future delivery of products not defined as farm products.
PERMITTEE: Any person or organization that has been issued a market event permit by the city manager or his appointed designee. (Ord. B23-004, 3-28-2023)
Any person or organization desiring to conduct or sponsor a market event on private or public property, and/or which will necessitate the use of the public right of way, shall first obtain a market event permit. Other permits and/or licenses and approvals may be necessary as otherwise required by this code. (Ord. B23-004, 3-28-2023)
A. Filing: Any person or organization wishing to conduct or sponsor a market event shall apply for a market event permit by filing an application and applicable fee with the business license official at least three (3) days prior to the date on which the event is to occur. A penalty fee of twenty-five dollars ($25.00) shall be applied to any application filed after the deadline, however, minor modifications may be made to the permit after submission but before approval with no additional fee. Liquor, beer, alcohol products are not to be sold or served in conjunction with a market event.
B. Contents: The organizer who proposes to conduct a market event, shall file with the business license official an application, on a form furnished by the business license official, setting forth a description of the event, to include the following information:
1. The dates and hours of the event;
2. Any admission costs to customers and attendees;
3. The nature of the event;
4. The anticipated number of customers, spectators, participants and other persons expected to attend the event for each day it is conducted;
5. The location and a map or diagram of the event including site plan, route map, proposed street closures and public right of way use;
6. The locations of market event vendors, other vendors, and temporary improvements including tents, booths and signs;
7. The vendors name, phone number, business name, type of product to be sold;
8. A plan showing accessibility, transportation and on site traffic and parking, including the proposed means of attendee ingress and egress. The plan must be in conformance with the requirements of the city;
9. A plan that indicates how security will be provided;
10. A plan indicating how medical needs will be addressed;
11. A plan regarding sanitation;
12. Proposed business activities;
13. Proposed entertainment and merchant activities, including a description of any recording equipment, sound amplification equipment or other attention getting devices;
14. The name, address, phone number, cellphone number and any other contact information for the market promoter;
15. The name, address, phone number and any other contact information for the person or organization to whom the permit is to be issued, if different from that of the market event organizer;
16. The number of vendors which will participate in the event;
17. The times at which any facilities or equipment for the event will be assembled and any location of such assembly;
18. The type and extent of the promotional advertising specifying the type of media, the geographical area covered by the advertising and other details of the information to be communicated to the public;
19. Insurance coverage proposed to be provided;
20. Any such other information as may be required by the business license official.
C. Vendors: The market event organizer shall be responsible for ensuring that vendors hold any necessary certificates, licensing and or health district permits whether for farm products or non-farm products as may be required. The City shall maintain copies of the market event permits for one year after the close of the last day of the market event.
1. The permittee is responsible for collecting and submitting any and all necessary sales tax to the Department of Taxation.
2. Mobile Food Vendors as defined per the Mesquite Municipal Code 2-5D-2: if the mobile food vendor wishes to only attend the market and not sell throughout the City outside the permitted market, the license requirement and the federal background check may be waived. If the vendor wishes to conduct business in the City outside of the market they are required to undergo the federal background check and obtain the City business license, as outlined in Mesquite Municipal Code 2-5D. (Ord. B23-004, 3-28-2023)
A. No liquor or alcoholic beverages will be permitted to be served, sold or given away at any market event.
B. The permittee promises to make a good faith and diligent effort to ensure that attendees of the market event do not drink nor possess any open containers of any alcoholic beverages inside the area designated for the market event. (Ord. B23-004, 3-28-2023)
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