Chapter 4.90
COMMUNITY ORIENTED
OPEN AIR MARKETS

Sections:

4.90.010  Definitions.

4.90.020  Activities requiring a license.

4.90.025  Exemptions.

4.90.030  Prohibited activities.

4.90.040  Licensees limited to nonprofit community oriented organizations.

4.90.050  Sponsor licensee – Business license required when.

4.90.060  Premises – Zoning and land use requirements.

4.90.070  License fee.

4.90.080  Term of license.

4.90.090  Application for license.

4.90.100  Records.

4.90.110  Administration.

4.90.120  Violation of the provisions of the chapter – Civil infraction.

4.90.010 Definitions.

A. “Community oriented open air market” shall mean a site or location where new or used items are sold by two or more individual vendors, with each vendor operating independently from the other vendors and subleasing booths, stalls or tables for the purpose of placing before the public for sale on a temporary basis used goods, new wares or merchandise.

The activities of the market shall be limited to daylight hours on Saturday and Sunday of each week during the months of July, August and September of each year. No other community oriented open air market activities shall be licensed under the provisions of this chapter nor eligible as a permitted use under the provisions of ECDC 16.60.020(D) and 16.15.010 (A).

B. “Vendor” shall mean any person, association, group, partnership, corporation or firm who exhibits goods or services in a community oriented open air market provided through a duly licensed sponsor, for the purpose of selling, bartering, trading, exchanging for advertising such goods or services for sale.

C. “Sponsor” shall mean any person, association, group, partnership, corporation or firm engaged in the business of providing to any vendor, directly or indirectly, sale spaces, areas or structures within a site licensed for a community oriented open air market for the purpose of using such location during the term of the market's license. During the study phase in which this ordinance is effective, the promoter shall be a nonprofit organization as described in ECC 4.90.040.

D. “Sales area” shall mean any stall, booth, stand, space, section, unit or specified floor area within a licensed community oriented open air market location where goods or services are offered or displayed by a vendor for the purpose of sale, trade, barter, exchange or advertisement.

E. “Rental space” shall mean all space at the licensed business location to be used for the undertaking being licensed except for that space specifically set aside and designated for vehicle parking, fire lanes and refuse collection areas. [Ord. 3032 § 1, 1995; Ord. 3015 § 3, 1995].

4.90.020 Activities requiring a license.

It shall be unlawful for any person to own, use or permit property to be used as a market until the market and site have been licensed under this chapter. No person shall then sell or offer for sale products at any location in conjunction with a market activity until sponsor has been duly licensed and each vendor submitted to the city. Nothing in this chapter shall be deemed to authorize activities to be conducted in accordance with the market's activities unless appropriately licensed as required under another provision of this code; provided, however, that business license requirements are limited as provided in ECC 4.90.050. For example, pawnbrokers and dealers of secondhand goods shall not conduct activities in accordance with a market until duly licensed in accordance with the provisions of Chapter 4.75 ECC. Licensing under the provision of this chapter shall be an alternative to special event licensing under the authority of the city council or a license for a public amusement as required under Chapter 4.32 ECC.

A. It shall be unlawful for any person to sell or offer for sale goods at a community oriented open air market unless such person has been listed on the application fee of the licensee and paid the processing requirement specified herein.

B. All structures employed on the site shall comply with the requirements of the State Building Code, including but not limited to the Uniform Building and Fire Code elements. [Ord. 3015 § 3, 1995].

4.90.025 Exemptions.

The provisions of this chapter shall not be applied to:

A. Require any farmer, gardener or other person who sells any fruits, vegetables or other farm produce or edibles produced by such person within Snohomish County, Washington and exempt pursuant to RCW 36.71.090 from paying any fee or application. Such persons are exempt from the licensing and fee requirements of ECC 4.90.080 but may be listed by the licensee as a vendor when sales are conducted in conjunction with a community oriented open air market.

B. Garage sales conducted by an individual on his or her private property and not exceeding 12 days or 12 times per year are exempt from the provisions of this ordinance. [Ord. 3015 § 3, 1995].

4.90.030 Prohibited activities.

It shall be unlawful for any person to own, use or permit property to be used for any of the following prohibited acts in conjunction with the market and unlawful for any person to conduct any of the following acts in conjunction with the public market:

A. The sale of any raw meat, fish or poultry product unless approved in writing for inclusion by the Snohomish County Health District;

B. The sale of any beverage or foodstuff unless appropriately licensed from the Snohomish County Health District; and

C. No sound amplification system shall be used in conjunction with the market which produces noise which is audible beyond the boundaries of the area designated in the application. [Ord. 3015 § 3, 1995].

4.90.040 Licensees limited to nonprofit community oriented organizations.

This temporary license and use provision has been established by the Edmonds city council in order to study the effects of open air markets on the community and determine appropriate limits and conditions for license issuance. Based upon limited right-of-way and other available area and the 1994 working test, licenses to conduct a community oriented open air market shall be issued only to nonprofit community organizations. Nonprofit community organizations are hereby defined to mean: bona fide nonprofit religious, charitable, benevolent, fraternal or social organizations recognized by the United States Internal Revenue Service as a charitable institution exempt from taxation under Section 503C of the Internal Revenue Code and whose principal offices or meeting place is located within the city of Edmonds. [Ord. 3032 § 2, 1995; Ord. 3015 § 3, 1995].

4.90.050 Sponsor licensee – Business license required when.

The issuance of a community oriented open air market license to the sponsor is intended to serve as a master license authorizing limited business activities during the hours of daylight on Saturday and Sunday during July, August and September. Vendors at the markets renting or leasing space from the master licensee are not required to have a city business license unless they engage in other business activities subject to licensing under the provisions of this title. By way of illustration and not limitation the following examples are offered:

A. Pawnbrokers and secondhand dealers are required to have licenses as provided by Chapter 4.75 ECC.

B. A business license shall be obtained by any vendor who conducts covered business activities beyond the premises licensed as a community oriented open air market and/or outside of the time for which the license is issued. For example, a business operating from a booth on the premises licensed as a community oriented open air market during the days of approved market operation shall not require a business license to conduct such activities. If, however, the vendor conducts other business activities subject to the provisions of Chapter 4.72 ECC, the person conducting such activities shall be duly licensed in accordance with the provisions of that chapter. [Ord. 3015 § 3, 1995].

4.90.060 Premises – Zoning and land use requirements.

A premises licensed as a community oriented open air market shall be considered a temporary use for the purposes of ECDC 16.50.010(A)(7) and ECDC 16.60.020 Uses (D)(1). As a temporary activity, the city council finds that any signs or structures used in accordance with the market do not require review or approval by the architectural design board; provided, however, that when a location is utilized for a business use other than an community oriented open air market, the location of the market shall not decrease the required available parking for the underlying permanent business use below the standards established by Chapter 17.50 ECDC. [Ord. 3015 § 3, 1995].

4.90.070 License fee.

An applicant for a license to operate a community oriented open air market shall pay a $50.00 fee. This fee is based upon the cost to the city of reviewing and processing the application and shall be submitted in conjunction with the application. Each participating vendor shall pay $5.00 for its participation in the community oriented open air market during each calendar year. No application shall be deemed complete until all fees have been paid. [Ord. 3032 § 3, 1995; Ord. 3015 § 3, 1995].

4.90.080 Term of license.

Each license issued under this chapter shall be limited to the number of days approved for operation for the community oriented open air market for which the license was issued. Licenses shall be valid only during daylight hours in July, August and September of each year. No license shall be effective beyond September 30th of each year. [Ord. 3032 § 4, 1995; Ord. 3015 § 3, 1995].

4.90.090 Application for license.

Each applicant for a license to operate a community oriented open air market shall file an application with the city clerk accompanied by the license fee provided for in ECC 4.90.070. The application shall be in writing and submitted on a form prepared by the city clerk and signed by the applicant. The application shall give the applicant's nonprofit organization's business address and principal business location, a copy of documents indicating its charitable nonprofit status as well as the residence address and phone number of the applicant's agent. In addition to such other information as the city clerk shall require, the application shall be accompanied by:

A. A plot plan showing the location of any outdoor facilities or activities. Adequate parking and ingress and egress shall be maintained during the course of this temporary special event. Adequate precautions shall be put in place to prevent vehicular access to pedestrian pathways within the confines of the activity. Applications to utilize a site or lot already occupied by an existing business shall show on the plot plan the location of all parking required to be provided under the provisions of Chapter 17.50 ECDC for such business.

B. A list of each and every vendor participating or anticipated to participate in the market for which the license is sought shall be submitted to the city clerk. The listing shall include the vendor's name, address and business phone number together with a general description of goods and/or services offered by each vendor. Any changes in the list of vendors shall be provided to the city clerk in a minimum of three business days prior to the date of the proposed change (i.e., the first date at which the new vendor will participate in the market).

C. Provisions for event management and garbage control shall be addressed in a management plan. All tables, tents, booths, signs and other structures associated with the market shall be removed at the end of each day; provided, however, that approved outdoor storage may be provided between the close of business Saturday night and the commencement of business on Sunday morning. Garbage receptacles shall be strategically located and have sufficient capacity to accommodate the vendors and estimated members of the public in attendance. In addition the area shall be kept clean of rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The license holder shall be responsible to keep the area clean. The area to be kept clean shall include the area immediately surrounding sidewalks and public streets.

D. Temporary signage announcing the event shall be approved on the site in the licensing process in accordance with the requirements of ECDC 20.60.080.

E. The fire marshal shall designate appropriate fire lanes through the licensed area on the plan. These fire lanes are intended for pedestrian use and shall be kept free of structures, debris or other blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the license. The police chief may, in his or her sole discretion, require that security personnel be provided by the community oriented open air market during times and in a number designated by the police. [Ord. 3015 § 3, 1995].

4.90.100 Records.

The named licensee sponsor of the community oriented open air market shall maintain a record of all vendors participating in the event. Such record shall be available for inspection by the city clerk or a designated agent during normal business hours of city offices (that is 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding legal holidays). [Ord. 3015 § 3, 1995].

4.90.110 Administration.

The license for a community oriented open air market may be revoked at the discretion of the mayor at any time for failure to comply with the provisions of this chapter or for violation of any other provision of the city code. Notice of revocation shall be served personally 24 hours prior to the date such revocation shall be effective. The licensee may request a hearing before the Edmonds city council; provided, however, that in the interim no activity shall be conducted until such time as the Edmonds city council has heard the appeal of the licensee from the original determination of the mayor. [Ord. 3015 § 3, 1995].

4.90.120 Violation of the provisions of the chapter – Civil infraction.

Any person violating any of the requirements of this chapter shall be guilty of a civil infraction and shall be punishable by a fine of up to $1,000. Each day of violation shall be a separate offense. [Ord. 3015 § 3, 1995].