Chapter 16.40 — MUNICIPAL MARKET

Cross reference— For provisions on the Director of Public Service, see the City Charter.

A.

"Municipal market" means and includes a market for the sale of the commodities mentioned in this Chapter and such other commodities as may hereafter be permitted to be sold at the municipal market established and maintained for the public convenience. This municipal market shall be located along the east side of Cedar Avenue starting at a point sixteen feet (16') north of Ocean Boulevard, thence northerly two hundred sixty-two feet (262') to the southerly edge of the library service driveway, except for an intervening nineteen (19) foot crosswalk; or at such other locations as may be designated by the City Manager and subject to the approval of the City Council.

B.

"Vendor" means and includes persons, helpers, officers, agents and employees doing business, or offering to do business at the municipal market.

(Prior code § 7450)

The municipal market shall be open for business from seven o'clock (7:00) a.m., to twelve o'clock (12:00) p.m. on every Tuesday, Thursday and Saturday; provided, that if any of the days is a holiday, the municipal market may, upon order of the Director of Public Service, be open for business on the preceding day; and provided further, that the municipal market shall not be open for business on Sunday, on the first day of January, the thirtieth of May, the fourth day of July, the first Monday in September, the last Thursday in November if the last Thursday in November is designated by proclamation by the President of the United States, if not so designated then any day so designated, or the twenty-fifth of December. In the event a parade or similar civic event is to be held in the vicinity of the municipal market on a day when it would usually be open for business, the Director of Public Service may, if he determines that the public safety and welfare so require, direct that the municipal market be closed for business on such day. The Director of Public Service shall, if practicable, give notice for one (1) week prior to the closing by posting a conspicuous notice therefor at the municipal market. If the market is closed for business for the day upon

which a parade or similar civic event is held, the Director of Public Service may permit it to be opened for business for one (1) day on any preceding or succeeding Monday, Wednesday or Friday which is not a holiday.

(Prior code § 7450.1)

The Director of Public Service shall have supervision and control of the municipal market and shall receive applications, issue and revoke permits, collect revenues and perform such other duties as may be required by ordinance or resolution.

(Prior code § 7450.2)

The Director of Public Service shall divide the territory covered by the municipal market along the curblines into spaces six feet (6') in width and shall mark and number the spaces consecutively. The spaces shall extend from the curbline of Chestnut Avenue easterly twenty feet (20').

(Prior code § 7450.3)

No person, as principal, agent, employee or otherwise, conducting business at the municipal market shall place any goods, any stand, table or other equipment, or any automobile or other vehicle or any part of any thereof, outside of the space allotted for the business.

(Prior code § 7450.4)

The Director of Public Service shall allot spaces or portions of spaces to vendors holding permits as provided for in this Chapter, and no vendor shall occupy more than one (1) space nor more than one (1) location, nor any space or location not previously allotted to the vendor by the Director of Public Service.

(Prior code § 7450.5)

If any space is not occupied by the vendor to whom it has been allotted by eight a.m., on any market day, the vendor shall forfeit the right to use the space for the market day, and the same may thereafter be allotted to any other vendor for the market day; and the price paid by the forfeiting vendor shall be forfeited to the City.

(Prior code § 7450.6)

Each vendor shall not have more than one (1) helper at the municipal market.

(Prior code § 7450.7)

Vendors shall not sell or distribute any commodity to any other vendor at the municipal market.

(Prior code § 7450.8)

No vendor shall sell or offer for sale at the municipal market any commodity which is not wholesome, clean and sanitary.

(Prior code § 7450.9)

Vendors shall not use scales, weights or measures which do not accurately conform to the standard of weights and measures of the State.

(Prior code § 7450.10)

Vendors shall keep all cooked food, game, relishes and dairy products in enclosed receptacles with solid coverings sufficient to effectively protect the contents thereof from dust, dirt and other foreign matter.

(Prior code § 7450.11)

All commodities sold or offered for sale at the municipal market shall be kept not less than eighteen inches (18") above the surface of the street.

(Prior code § 7450.12)

No person, as principal, agent, employee or otherwise, shall distribute handbills, advertising matter, or literature of any kind at the municipal market.

(Prior code § 7450.13)

No person, as principal, agent, employee or otherwise, shall combine with any other person to fix or regulate the price of any commodity or commodities at the municipal market.

(Prior code § 7450.14)

Each vendor shall conspicuously display a readily legible sign, card or tag immediately adjacent to each classification or grade of commodity sold or offered for sale by him indicating the price of the commodity.

(Prior code § 7450.15)

Vendors shall not acquire new stock or replenish their stock of commodities at the municipal market nor on any streets along which the municipal market is or may be located after eight-thirty a.m. of any market day.

(Prior code § 7450.16)

Vendors shall conduct their business at the municipal market in an orderly and quiet manner and shall not solicit trade in an offensive manner nor by hawking or "spieling" in a loud voice.

(Prior code § 7450.17)

Each vendor to whom space is allotted shall keep the space clean and sanitary; shall provide a receptacle sufficient to securely hold all of the rubbish and refuse of the vendor arid shall place all such rubbish and refuse in the receptacle; and shall within fifteen (15) minutes after the close of the municipal market, or after vacating the space, remove the receptacle and all rubbish, refuse, goods, commodities and all other articles placed there by such vendor or that may have accumulated upon the space during the conduct of the municipal market.

(Prior code § 7450.18)

No vendor shall sell or offer for sale any commodity at the municipal market after the time fixed for the closing of the business of the municipal market in this Chapter.

(Prior code § 7450.19)

The following named commodities, and no others, unless specifically authorized by the Council, shall be sold or offered for sale at the municipal market:

A.

Vegetables, fruit, nuts, eggs, poultry, game, dairy products, jams, jellies, preserves, honey, relishes;

B.

Cooked foods, bread and pastry;

C.

Items of foods sold to the public at lunchstands;

D.

Ice cream, milk, cider, similar refreshments, articles of handicraft (home products).

(Prior code § 7450.20)

Every person selling or offering for sale any commodity at the municipal market shall pay to the City the license taxes or fees prescribed therefor by the licensing provisions of this Code.

(Prior code 7450.21)

No person, as principal, agent, employee or otherwise, shall at the municipal market sell or offer for sale or solicit orders for the sale of any commodity not authorized in this Chapter to be sold at the municipal market.

(Prior code § 7450.22)

No person, as principal, agent, employee or otherwise, shall occupy or attempt to occupy any space or carry on or attempt to carry on any business at the municipal market without having first obtained a permit so to do in the manner provided in this Chapter, and no person, as principal, agent, employee or otherwise, shall cry or vend newspapers, periodicals or any other publications upon or along any portions of streets used for the conduct of the municipal market except at stands therein for which the vendors hold permits, or upon or along any portion of any street or sidewalk immediately adjacent thereto during the time the municipal market is being conducted.

(Prior code § 7450.23)

Permits for conducting business at the municipal market shall be granted by the Director of Public Service upon application therefor by any person desiring to conduct business at the Municipal Market; such application shall be made in writing and shall state the name and address of the applicant, a statement of the kind or kinds of commodities desired to be sold at the Municipal Market, a statement of the place, giving street number or other address, where the commodity is produced, manufactured or purchased, and a statement of the time when the applicant desires to use the permit; every such application shall be accompanied with sufficient money to pay the market fees for the time requested in the application; if the application is in accordance with the provisions of this Chapter and the business proposed to be conducted at the Municipal Market is authorized by this Chapter, the Director of Public Service shall issue a permit to the applicant; provided, however, that the Director of Public Service may revoke and cancel any permit to do business at the Municipal Market upon the violation of the provisions of this Chapter by the holder of any permit, or for any misrepresentation in the application of Chapter vendor for permit, or upon a

permittee's conviction of any misdemeanor arising out of or incident to the carrying on of the permittee's business at the Municipal Market, or for any misrepresentation of goods or commodities sold or displayed by the permittee, and notice of the revocation and cancellation shall be given verbally or in writing to the vendor and after such notice is given it is unlawful for the person whose permit has been revoked or cancelled to carry on or offer to carry on any business at the Municipal Market; and, provided further, that the Director of Public Service may refuse to issue a second permit to any person whose permit has been previously revoked or cancelled.

(Prior code § 7450.24)