All public food markets must abide by the following.
A. Findings for Approval: The Planning Commission may not approve a conditional use permit unless the Planning Commission finds:
1. The proposed public food market will include high-quality improvements and materials.
2. The proposed public food market will be managed by an entity or person with experience overseeing a successful public food market or similar use.
B. The applicant must submit for the Planning Commission’s review and approval a plan for the mix of tenants and operation. The plan must focus the public food market’s vendors on food and food related products (cookbooks, cooking materials, and ingredients) or homemade products and crafts. The following guidelines should be used as guidelines for such a plan.
1. No more than 33 percent of the floor area of the market can be leased to vendors selling food intended to be consumed onsite.
2. No more than 10 percent of the floor area of the market can be leased to vendors selling general merchandise.
C. An applicant for a public food market must submit and implement an interior design program written by a licensed architect which requires quality materials, regulates how to display products, and sets requirements for keeping spaces clean and well maintained. The program must include requirements related to counter height, demising partitions, merchandising, display, lighting, material, storage, and signs.
D. Stalls must be designed with a rear entrance to provide access and storage.
E. Stalls selling prepared foods for onsite consumption may provide seating at a bar.
F. A communal seating area for patrons to eat foods cooked onsite may be included. If so, one larger seating area must be provided; smaller seating areas spread throughout the market may be provided in addition to the larger seating area.
G. Alcohol sales must be limited to one tenant per 30,000 square feet and limited to rare, high quality, small-batch, or “craft” brews. Single-serve alcohol must not be sold for offsite consumption. Containers of alcohol less than 8 ounces must not be sold for offsite consumption.
H. Cigarettes, other tobacco products, other tobacco related products, vaping products and products containing psycho-tropic cannabis related products must not be sold. Tenants selling non-psycho-tropic CBD products are limited to one per 30,000 square feet.
I. Non-food vendors must be in non-prominent areas such as along rear walls or in spaces furthest from the entrance.
J. The market must have its own entrance from the building’s main façade.
K. Flower or seasonal sales stalls must be provided on at least one side of the building’s main entrance unless the market is along a city-owned sidewalk where outdoor sales is prohibited. In such cases, setting the building back to provide seasonal outdoor sales is encouraged.
L. In cases where the required parking is not city-owned, the required parking for the market may be used as an exterior “Market Square” once a week if permitted by or subject to conditions of the business’s conditional use permit or a separate temporary use permit.
M. Indoor and outdoor displays must be attractive and orderly. Cardboard boxes, plastic crates, wire shelves, wood pallets and other low-quality storage is not allowed.
N. Besides cooked or prepared foods, the vendors must not sell food or products that release obnoxious odors. Areas for fish vendors and greengrocers must be maintained to eliminate odor.
O. The business will be inspected quarterly and pay the Community Preservation inspection fee as defined in the City’s Fee and Fine Schedule. (Ord. 21-1056, 5-4-2021)