In Tim Canada’s guest column (Tim Canada: Loveland code does not allow Loveland Farmers’ Market at Jackson Street Market), he states the Loveland Farmers’ Market cannot legally operate at the Jackson Street Market because it is owned by the Loveland-Symmes Firefighter Association. Canada’s point being that per the Loveland code of ordinances, the Farmers’ Market can only be located on city of Loveland owned property.
Here is what the Loveland code says about farmers markets:
717.01 LOCATION; TERMS AND CONDITIONS.
The City hereby designates the City of Loveland Historic District, as depicted on the zoning map, as the site and location for the establishment of a Farmers Market within the City, on the following conditions:
(a) The Farmers Market shall be restricted to the sale of produce and commodities that are grown or produced by the individual vendor. “Produce and commodities” is defined as meats, cheeses, vegetables, nuts, fruits, flowers, herbs, baked goods, candies and “other products” determined to be appropriate for a Farmer ’s Market by the operator of the Farmer ’s Market .
(Ord. 2011-8. Passed 2-22-11.)
1107.01 DEFINITIONS.
An open lot, other than a street, used for the sale of produce and commodities that are grown or produced by multiple individual vendors no more often than once per week (except Sunday) between dawn and dusk from April 1 through November 31. “Produce and commodities” is defined as perishable products such as meats, cheeses, vegetables, nuts, honey, fruits, flowers, herbs, baked goods, candies and “other products” determined to be appropriate for a farmers market by the operator of the farmers market .
(Ord. 2011-36. Passed 6-14-11.)
731.01 PERMIT REQUIRED.
(a) Any person intending to engage in the practice or occupation of soliciting, hawking, or peddling within the City on public streets, sidewalks, parking lots or other places frequented by the public shall apply to the City Manager or the City Manager’s designee for a permit and license for such activity in compliance with the provisions of this section.
(1) Applicants for permits and licenses under this section must file with the City Manager or the City Manager’s designee a sworn application in writing, on a form to be furnished by the City Manager or the City Manager’s designee which shall give the following information:
A. Name and description of the applicant;
B. Permanent home address and full local address of the applicant;
C. A brief description of the nature of the business and the goods to be sold;
D. If employed, the name and address of the employer, together with credentials establishing the exact relationship;
E. The length of time for which the right to do business is desired;
F. A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches in size and the shows the head and shoulders of the applicant in a clear and distinguishing manner;
G. The fingerprints of the applicant and evidence as to the good character and business responsibility of the applicant as will enable the City Manager or the City Manager’s designee to properly evaluate such character and business responsibility; and
H. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor.
(2) On receiving such request with such information, the City Manager or the City Manager’s designee shall review such information and conduct such further investigation as he may consider necessary in order to establish whether or not the purpose of the proposed solicitation or peddling, the manner in which it is to be conducted, the times at which it is to be conducted, and the persons conducting such solicitation are of such kind and character as to present a reasonable probability of detriment to the health, safety and welfare of the citizens of the City. If the City Manager or the City Manager’s designee determines that there is no such probability of detriment to the health, safety and welfare of the community, he shall issue a permit for such solicitation to the applicant on payment of the license fee herein prescribed. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, the kinds of goods to be sold thereunder, the amount of fee paid, the date of issuance, the length of the time the license shall be operative, and the license number and other identifying description of any vehicle used in the soliciting, hawking, or peddling. The City Manager or the City Manager’s designee shall keep a permanent record of all licenses issued. All licenses shall be nontransferable.
(3) Licenses issued under this section shall be valid for a period of not greater than one year. When the period of validity of a license issued hereunder has expired, the licensee may renew such license on updating his application and paying the license fee.
(4) The fee for the license herein provided shall be fifty dollars ($50.00) per year.
(b) Whoever engages in any of the practices for which a license or permit is herein required, without obtaining such license, shall be guilty of a minor misdemeanor. Each day during which such person engages in such practice without such license shall be considered a separate offense.
(Ord. 1974-51. Passed 11-12-74; Ord. 2002-50. Passed 9-10-02.)
(c) The City Manager may, at the City Manager’s discretion, issue a single permit to the Lessee of a Farmers ’ Market in the Historic District pursuant to Chapter 717 of the Code of Ordinances for all vendors who sell produce and commodities at such Farmers ’ Market without the requirement of vendors obtaining a permit from the City of Loveland pursuant to Section 731.01(a). (Ord. 2011-9. Passed 2-22-11.)
(c) Farmers market locations are subject to approval by the Zoning Administrator upon the application of the operator and the operator shall provide the Zoning Administrator with a site plan that clearly identifies: The approximate dimensions of the area being used, the proximity to existing buildings and right-of-ways, on- site parking lot, and a description and approximate location of any structure, implement, stand, display prop, or other such items used for the farmers market , including signs and banners and if not the owner of the site, a lease or other permission to use from the owner.
(e) There shall be no permanent storage allowed on the site, other than that approved for principal use.
(f) No additional lighting is allowed on the site, other than that approved for principal use.
(g) No additional signage is allowed on the site, other than that approved for the principal use; except as shown on the site plan approved by the Zoning Administrator.
(h) All electrical connections, erections of temporary structures, stands, tents, etc. shall be in compliance with applicable codes and regulations and shall be permitted/licensed as applicable.
(Ord. 2011-36. Passed 6-14-11.)
