Code of Ordinances Amendment - Title 4 Farmers' Markets Copyrighted
March 4, 2019
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment- Title 4 Farmers'
Markets
SUMMARY: City Manager recommending approval of the creation of a
Farmers' Market Permit and an amendment to the Farmers'
Market Ordinance.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 4 Business and License Regulations,
Chapter4 Central Market
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Farmers' MarketOrdinanceAmendment-MVM Memo City Manager Memo
Staff Memo Staff Memo
Farmers' MarketOrdinanceAmendment Ordinance
Farmers' MarketApplication Permit Supporting Documentation
Suggested Motion Wording Supporting Documentation
THE CITY OF Dubuque
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7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Recommendation to Amend Farmers' Market Ordinance and Establish a
New Farmers' Market Permit Application Process
DATE: February 27, 2019
Assistant City Manager Cori Burbach recommends City Council approval of the creation
of a Farmers' Market Permit and an amendment to the Farmers' Market Ordinance.
Under the permitting requirements, an entity wanting to hold a farmers' market must
obtain a Farmers' Market Permit to operate on public property within City limits. The
permit will be valid for one calendar year at a cost of$50 for the permit and $300 for a
damage deposit. The costs are similar to the existing Special Event fees and reflect
staff time to review and administer the permit.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
THE CITY OF Dubuque
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DUB E ' il�� i;;
Masterpiece on the Mississippi �°' Z°'Z
2013 2017
TO: Michael C. Van Milligen, City Manager
FROM: Cori Burbach, Assistant City Manager
DATE: February 25, 2019
RE: Recommendation to Amend Farmers' Market Ordinance and Establish a
New Farmers' Market Permit Application Process
INTRODUCTION
This memorandum requests Mayor and City Council approval of the attached
ordinance amendment and establishment of a Farmers' Market Permit and
application process.
BACKGROUND
The Dubuque Farmers' Market is the oldest farmers' market in the state of lowa. The
Dubuque Farmers' Market is currently located around City Hall, sprawling over
several city blocks and is designated by City Code as the Central Market (Chapter 4-
4-1). The Market is managed by Dubuque Main Street. The Dubuque Farmers'
Market is held Saturdays from May through October each year and has been one
way to provide local healthy foods to our community. Dubuque Main Street does not
complete a special event permit application for the Market, but works with City staff
to ensure all pertinent requirements are met through the leadership of a market
manager.
Over the last year, other entities have started markets or similar events in the City.
These markets varied in format and location, and were designated as special events.
As such, review of the event went through the City's special event permitting
requirements. As these markets grew and became more established, the creation of
a Farmers' Market Permit and application process was explored. Creation of such a
permit, which would streamline the event permitting process for regularly occurring
events, is in line with recommendations from the Imaging Dubuque Comprehensive
Plan to increase access to healthy local foods, and is in line with recommendations
from the Arts Master Plan Working Groups to support markets that include local
artisans.
By amending the ordinance and creating a permitting process, all interested entities
will have the opportunity to operate under a Farmers' Market designation if they meet
the requirements. The Central Market and other designated farmers' markets that
obtain and comply with the City's Farmers' Market Permit application will be a
"farmers' MarkeY' as provided for in the lowa administrative code and subject to the
rules in this code.
DISCUSSION
Staff from the City Manager's Office, City Clerk's Office, City Attorney's Office,
Health, Planning, and Police Departments met to develop the attached
recommendation.
Staff recommend the creation of a Farmer's Market Permit and an amendment to the
Farmers' Market Ordinance. Under the permitting requirements, an entity wanting to
hold a farmers' market must obtain a Farmers' Market Permit to operate on public
property within city limits. The permit will be valid for one calendar year at a cost of
$50 for the permit and $300 for a damage deposit. These costs are similar to the
existing Special Event fees and reflect staff time to review and administer the permit.
Requirements of a Farmers' Market include:
. A Farmers' Market Application must be submitted at least 60 days prior to the
farmers' market start date. (Note that because of this new process, a 30-day
deadline will be allowed in 2019.)
. The event must operate as a farmers' market. The state of lowa defines a
farmers' market as "a marketplace which operates seasonally principally as a
common market for fresh fruits and vegetables on a retail basis for off-the-
premises consumption."
. At least 50°k of vendors at the market must sell fresh fruits and vegetables,
meats, eggs, dairy goods, bakery goods, honey, salsa, jams and jellies, pickles,
syrup, sauces, wine, spices, bedding and potted plants, cut flowers, and/or pet
treats/pet food. Other product categories may fit the market needs, if they
support rather than impair the markeYs primary function of facilitating farm or
producer direct sales. Any applicable food processing rules apply to products
being sold.
. No more than 10°k of vendors may provide alcohol tastings at a farmers' market.
If a market organizerwishes to provide alcohol, otherthan tastings at their event,
they have two options. First, an entity may apply for a City issued special event
permit and associated lowa ABD liquor license for an area physically separated
from the farmers' market area (e.g. "beer tenY'). Customers would not be able
to bring alcohol from licensed area to the market area. Or, an event organizer
may apply for a special event permit and associated liquor license, which would
allow them to serve alcohol under the City's special event and lowa ABD
permitting processes when all requirements have been met.
. Market Manager Responsibilities: Each farmers' market must identify and
designate a market manager. Leadership of a responsible market manager is
key to the success of a farmers' market. The market manager is responsible for
all activities before, during and after the market.
In addition to the recommended creation of a Farmers' Market Permit, changes to lowa
Code establishing a Farmers' Market Food Establishment License will simplify the
permitting process for vendors who sell at markets across Dubuque County.
RECOMMENDED ACTION
I respectfully recommend Mayor and City Council approval of the attached ordinance
amendment and establishment of the Farmer's Market Permit Application Process.
Attachments
cc: Pam McCarron, Permit Clerk
Mary Rose Corrigan, Public Health Specialist
Laura Carstens, Planning Services Manager
Maureen Quann, Assistant City Attorney
Mark Dalsing, Police Chief
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330.Dubuque IA 52001 563.589-4381
ORDINANCE NO. 13-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 4 CENTRAL MARKET
NOW, THEREFORE, BE IT ORDAINED BY .THE CITY COUNCIL OF. THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 4, Chapter 4 of the City of Dubuque Code of Ordinances is
amended to read as follows:.
CHAPTER4
CENTRAL MARKET AND OTHER FARMERS' MARKETS
4-4-1: MARKET AREAS DELINEATED:
A. Central Market Area: The property of the city adjacent to the city hall, together with
such parts of the streets and sidewalks located within the area bounded by the south side
of Tenth Street, the north side of Thirteenth Street, the west :side of Central Avenue and
the east side of Main Street, and such distances on Iowa Street between Thirteenth and
Fourteenth Streets on both sides thereof as may be necessary for three (3) standard auto
parking stalls, will constitute and be known as the Central Market.
B. Other areas will be delineated as farmersmarkets and a map of such areas will
be filed with the offices of the City Manager, the City Clerk, the Health Services
Department, and the Planning Services Department if the applications for such markets
and subsequently the markets themselves comply with the rules and regulations for a
farmers' market set forth in the City's farmers' market permit application, the City of
Dubuque Code of Ordinances, and any other applicable local, state, and federal laws.
4-4-2: FARMERS' MARKET; DISPLAY OF MERCHANDISE:
The Central Market and any other designated farmers' markets that obtain and comply
with the City's farmers' market permit application will be a "farmers' market" as provided
for in the Iowa administrative code and will be subject to the rules relating thereto.
Inspections may be conducted by the city manager who is under contract with the state
department of inspections and appeals. Subject to such regulation and the limitations and
prohibitions set forth hereinafter, any person, firm or corporation may display, offer for
sale or sell on the streets or sidewalks of the Central Market or another farmers' market,
flowers, plants, arts, crafts or food items which have been raised, produced, procured or
crafted by the local vendor and which are displayed and sold at a stall for which a permit
has been issued as provided for in this chapter.
4-4-3: MARKET STALLS ESTABLISHED; ISSUANCE OF PERMITS:
A. Spaces For Stalls Established; Fees: The city manager is authorized to establish
spaces for stalls in the Central Market or other designated farmers' markets as may be
necessary and to issue permits for the use of such stalls. The fees for such permits shall
be established by the city manager.
B. Use Of Metered Parking Spaces: When a permit holder uses a metered parking
space on days other than authorized by the holder's permit, the permit holder shall comply
with the parking meter requirements of this code.
4-4-4: RESTRICTED PARKING IN CENTRAL MARKET AND OTHER DESIGNATED
FARMERS' MARKETS:
When stalls in the Central Market and other farmersmarkets have been established by
the city manager and signs are erected giving notice thereof, no person shall park a
vehicle in such stall between the hours of six o'clock (6:00)' A.M. and twelve o'clock
(12:00) noon on Saturdays in the months of May through October unless the vehicle has
on display a permit as described in this chapter.
4-4-5: DISPLAY PERMIT RESTRICTED TO CENTRAL MARKET AREA OR OTHER
FARMERS' MARKET:
A market stall permit authorizes a person to display foods or crafts only in the Central
Market or other designated farmers' markets as provided in this chapter and as specified
on the market stall permit. Market stall permits are market specific and only allow a permit
holder to display foods or crafts in the market expressly stated on the stall permit.
4-4-6: REVOCATION OF PERMIT:
In any case where it is found that items displayed, offered for sale or sold have not been
raised, produced, procured or crafted by the local vendor, or have been processed,
manufactured or crafted by the local vendor in violation of any city ordinance or permit
agreement, the permit may be revoked by the city manager.
4-4-7: MARKET MASTER DESIGNATED; DUTIES GENERALLY:
The city manager shall establish and carry out such procedures, policies and rules
relating to the Central Market or other designated farmers' markets and their operations
as are necessary to provide for acceptable sanitation and to protect the public health,
safety and welfare.
4-4-8: TRAFFIC REGULATIONS:
The city manager shall restrict or regulate the sidewalk and street traffic in the area of the
Central Market or other designated farmers' markets as may be necessary to protect the
public health, safety and welfare.
4-4-9: INSPECTION; CONFISCATION OF FOOD UNFIT FOR CONSUMPTION:
All food or food products displayed, sold or offered for sale at the Central Market and
other designated farmers' markets shall be subject to inspection by the city manager. If
any food or food product is found to be unfit for human consumption, the city manager
shall confiscate and destroy the food, and the person displaying, offering for sale or selling
such food shall be guilty of a misdemeanor.
4-4-10: WEIGHTS AND MEASURES:
The weights and measures approved, standardized and adopted by the state department
of agriculture shall be the standard weights and measures used for the sale of all
merchandise required to be sold by weight or other measure at the Central Market and
other farmers' markets. All sales by weight shall be by avoirdupois weight, and all sales
of commodities by measure shall be by standard volume containers, specifically, pint,
quart, peck or bushel.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 4th day of March 2019.
'29 0
L/
Roy D. Buol, Mayor
Attest:
Kevfr(S. Firnstahl, CMC, City Clerk
EFFECT OF AMENDMENT
CHAPTER 4
� CENTRAL MARKET AND OTHER FARMERS' MARKETS
� 4-4-1 : MARKET AREAS DELINEATED:
� A. Central Market Area: The property of the city adjacent to the city hall, together with
such parts of the streets and sidewalks located within the area bounded by the south side
of Tenth Street, the north side of Thirteenth Street, the west side of Central Avenue and
the east side of Main Street, and such distances on lowa Street between Thirteenth and
Fourteenth Streets on both sides thereof as may be necessary for three (3) standard auto
parking stalls, will constitute and be known as the Central Market.
B. Other areas will be delineated as farmers' markets and a map of such areas will
be filed with the offices of the City Manaqer, the City Clerk, the Health Services
Department, and the Planninq Services Department if the applications for such markets
and subsequentiv the markets themselves complv with the rules and requlations for a
farmers' market set forth in the City's farmers' market permit application, the City of
Dubuque Code of Ordinances, and anv other applicable local, state, and federal laws.
4-4-2: FARMERS' MARKET; DISPLAY OF MERCHANDISE:
The Central Market and anv other desiqnated farmers' markets that obtain and complv
with the City's farmers' market permit application will be a "farmers' markeY' as provided
for in the lowa administrative code and will be subject to the rules relating thereto.
Inspections may be conducted by the city manager who is under contract with the state
department of inspections and appeals. Subject to such regulation and the limitations and
prohibitions set forth hereinafter, any person, firm or corporation may display, offer for
� sale or sell on the streets or sidewalks of the Central Market or another farmers' market,
flowers, plants, arts, crafts or food items which have been raised, produced, procured or
crafted by the local vendor and which are displayed and sold at a stall for which a permit
has been issued as provided for in this chapter.
4-4-3: MARKET STALLS ESTABLISHED; ISSUANCE OF PERMITS:
A. Spaces For Stalls Established; Fees: The city manager is authorized to establish
� spaces for stalls in the Central Market or other desiqnated farmers' markets as may be
necessary and to issue permits for the use of such stalls. The fees for such permits shall
be established by the city manager.
B. Use Of Metered Parking Spaces: When a permit holder uses a metered parking
space on days otherthan authorized by the holder's permit, the permit holder shall comply
with the parking meter requirements of this code.
4-4-4: RESTRICTED PARKING IN CENTRAL MARKET AND OTHER DESIGNATED
FARMERS' MARKETS:
� When stalls in the Central Market and other farmers' markets have been established by
the city manager and signs are erected giving notice thereof, no person shall park a
vehicle in such stall between the hours of six o'clock (6:00) A.M. and twelve o'clock
(12:00) noon on Saturdays in the months of May through October unless the vehicle has
on display a permit as described in this chapter.
4-4-5: DISPLAY PERMIT RESTRICTED TO CENTRAL MARKET AREA OR OTHER
FARMERS' MARKET:
A market stall permit authorizes a person to display foods or crafts only in the Central
Market or other desiqnated farmers' markets a�e�as provided in this chapter and as
specified on the market stall permit. Market stall permits are market specific and onlv
allow a permit holder to display foods or crafts in the market expressly stated on the stall
ep rmit.
4-4-6: REVOCATION OF PERMIT:
In any case where it is found that items displayed, offered for sale or sold have not been
raised, produced, procured or crafted by the local vendor, or have been processed,
manufactured or crafted by the local vendor in violation of any city ordinance or permit
agreement, the permit may be revoked by the city manager.
4-4-7: MARKET MASTER DESIGNATED; DUTIES GENERALLY:
The city manager shall establish and carry out such procedures, policies and rules
� relating to the Central Market or other desiqnated farmers' markets and i#�their
operations as are necessary to provide for acceptable sanitation and to protect the public
health, safety and welfare.
4-4-8: TRAFFIC REGULATIONS:
The city manager shall restrict or regulate the sidewalk and street traffic in the area of the
� Central Market or other desiqnated farmers' markets as may be necessary to protect the
public health, safety and welfare.
4-4-9: INSPECTION; CONFISCATION OF FOOD UNFIT FOR CONSUMPTION:
All food or food products displayed, sold or offered for sale at the Central Market and
other desiqnated farmers' markets shall be subject to inspection by the city manager. If
any food or food product is found to be unfit for human consumption, the city manager
shall confiscate and destroy the food, and the person displaying, offering for sale or selling
such food shall be guilty of a misdemeanor.
4-4-10: WEIGHTS AND MEASURES:
The weights and measures approved, standardized and adopted by the state department
of agriculture shall be the standard weights and measures used for the sale of all
merchandise required to be sold by weight or other measure at the Central Market and
other farmers' markets. All sales by weight shall be by avoirdupois weight, and all sales
of commodities by measure shall be by standard volume containers, specifically, pint,
quart, peck or bushel.
City of Dubuque
Farmers' Market Permit Application
(This completed application must be submitted at least
60 days prior to the farmers' market start date)
The City of Dubuque proudly supports farmers' markets as one way to provide healthy
local foods to the community. Farmers' Markets operate as special events on public
property. As such, many of the same requirements of the City's Special Event Permit
apply. However, a farmers' market may operate on a regular basis for one year under a
single application. A person, entity, or organization that wishes to operate a farmers'
market must complete and submit this form.
Requirements of a Farmers Market
To qualify for the farmers' market permit, the following requirements must be met:
1 . Farmers' Market Definition: Event must operate as a farmers' market. The State
of lowa defines a farmers' market as "a marketplace which operates seasonally
principally as a common market for fresh fruits and vegetables on a retail basis for off-
the-premises consumption."
2. Types of Goods: At least 50°k of vendors at the market must sell fresh fruits and
vegetables, meats, eggs, dairy goods, bakery goods, honey, salsa, jams and jellies,
pickles, syrup, sauces, wine, spices, bedding and potted plants, cut flowers, and/or pet
treats/pet food. Other product categories may be allowed to fit the market needs, if they
support rather than impair the markeYs primary function of facilitating farm or producer
direct sales. Any applicable food processing rules apply to products being sold.
3. Market Manager Responsibilities: Each farmers' market must identify and
designate a market manager. Leadership of a responsible market manager is key to
the success of a farmers' market. The market manager is responsible for the following
activities before, during and after the market:
. Act as the administrator of the market, exercising general supervision over the
market and its activities. Keep the operation of the market running smoothly
and effectively.
. Facilitate compliance of all vendors with applicable State and City regulations.
This includes ensuring that vendors have obtained Farmers Market Food
Establishment License, Mobile Food Unit License, or Temporary Food
Establishment License. License applications and guidance for vendors can be
found on the City of Dubuque Food License, Safety & Inspection webpaqe.
. Communicate and ensure information flows between City staff, vendors, and
neighboring businesses and residents. Keep vendors aware of market policies,
City requirements, etc.
. Serve as quality control person for the market. All products must comply with
the food guidelines developed for the market and applicable regulations.
. Maintain a clean, attractive and safe market at all times. This includes
appropriate management of barricades and other pedestrian and vehicle
management tools, waste management, and electricity use.
. Arrange for someone to be responsible for the market during any absences.
. Follow additional best practices as recommended in the lowa Farmers' Market
Development Manual.
Failure to comply with these responsibilities may result in the loss of the farmers' market
permit, and/or denial of future permit applications.
4. Beer & Alcohol: No more than 10°k of vendors may serve alcohol tastings as
defined in lowa Administrative Code Section 185-16.7 as part of the farmers' market.
These vendors must be identified on the market site plan. All vendors must comply with
applicable lowa Alcoholic Beverages Division rules. More information on beer/liquor
licenses can be found on the City's Beer/Liquor licenses webpage.
The sale and serving of alcoholic beverages for on-site consumption requires a liquor
license issued through the ABD as well as a City issued Special Event Permit separate
from this application. The organization that will sell alcohol must complete a Special
Event application and comply with all related regulations. The site plans for the special
event (where alcohol will be sold and consumed) and the farmers' market may not
overlap. If both are occurring at the same time, a designated area must be identified
for alcohol sales and consumption, and individuals may not remove alcohol from that
area to the farmers' market area.
5. Utilities: If electrical/water sources will be needed, please note whether you
intend to use City of Dubuque power/water or self-contained sources such as
generators and bottled water. If City utilities will be used, connection and payment
arrangements must be made with the appropriate City department (electrical: 563-589-
4155, water: 563-589-4291). A licensed electrician is required by the City for any
electrical hook up. If applicable, please indicate on the application the name of the
State of lowa Master A Electrical Contractor and the permit number (if known).
� FARMERS' MARKET APPLICATION
Farmers' Market Name:
Farmers' Market Date(s):
Farmers_ Market Time(s):
Farmers' Market Location:
Street Closure: ❑YES 0 NO Location:
Set-Up Date/Time: Tear-Down Date/Time:
Please contact a traffic control company to obtain the proper devices for the street closure.
Meter Bag(s): ❑YES 0 NO Location:
Please contact the Parking Division at 563-589-4266 for information on meter bags.
Electrical Source: Water Source:
Name of State of IA Master A Electrical Contractor:
Electrical Permit Number (if known):
Applicant/Organization Name:
Applicant/Organization Address:
Applicant/Organization Phone Number:
Market Manager Name:
Market Manager Phone Number:
(number City staff should use during the market operation to contact the manager with any concerns)
Anticipated Attendance:
Please submit the following with the completed application:
1 . Site Plan 4. Insurance Certificate and
2. Weather Plan Page Endorsements (Schedule A)
3. Indemnity Agreement 5. Fees: $50 permit fee/$300 damage
Deposit (refundable)
I have read this application for a Farmers Market Permit and have accurately and
truthfully completed the application to the best of my knowledge.
Signature Date
Office Use Only:
City Manager Review:Approved: Yes No
Initials: Date:
INDEMNITY AGREEMENT
In consideration for the granting of permission by the City of Dubuque, lowa to the
undersigned for the use of the following described property:
For the following purpose only:
On the following date(s):
The undersigned agrees to defend, indemnify and hold harmless the City of Dubuque,
its agents, officers and employees, from and against any and all claims for injury or
damages to persons or property arising out of or caused by the use of such property.
The undersigned further agrees upon receipt of notice from the City of Dubuque to
defend at its own expense the City of Dubuque, its agents, officers and employees from
any action or proceeding against the City of Dubuque, its agents, officers or employees
arising out of or caused by the use of such property. The undersigned agrees that a
judgment obtained in any such action or proceeding shall be conclusive in any action by
the City, its agents, officers or employees against the undersigned, when so notified as
to the undersigned's cause of the injury or damage, as to the liability of the City, its
agents, officers and employees to the plaintiff in the first named action, and as to the
amount of the damage or injury. The City of Dubuque, its agents, officers and
employees may maintain an action against the undersigned to recover the amount of
the judgment together with all the expenses incurred by the City, its agents, officers and
employees in the action.
I HAVE READ THIS INDEMNITY AGREEMENT, I UNDERSTAND THE EFFECT OF
THIS INDEMNITY AGREEMENT, I AM AUTHORIZED TO SIGN THIS INDEMNITY
AGREEMENT, AND I AM SIGNING THIS INDEMNITY AGREEMENT VOLUNTARILY.
Dated this day of , 20_
By:
Title:
SITE PLAN
A site plan of the area to be used for the Farmers Market is required. Please create the
site plan using the instructions below.
Site Maps:
Site maps are recommended such as those obtained from www.maps.qooqle.com or
www.mapquest.com.
Please include a detailed layout of the market area and indicate the location of all the
following, (if applicable):
➢ Stages
➢ Tents
➢ Power and water sources
➢ Food/BeverageM/ine or Beer Tasting Vendors
➢ Retail vendors
➢ Portable toilets
➢ Temporary traffic control devices (barricades, cones, etc.)
➢ Proposed parking
➢ Trash/Recycling Receptacles
WEATHER PLAN
Please complete the weather plan page.
1 . How do you plan to track inclement weather?
2. Who is responsible for getting the word out to attendees regarding inclement
weather conditions and how will they do it?
3. Where will your attendees seek shelter and has permission been
granted for the space(s)?
4. Alternative rain date and/or contingent weather plan:
(Cancellation of event, rescheduling, rain delay, etc.)
5. Other related information:
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
March 08, 2019,
and for which the charge is $67.72
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa
this Zir,Of day of
,20/7 .
otary ' `.lic in and for Dubuque Co , Iowa.
MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2.020
OFFICIAL r tion will be a "farmers' authorizes a person to dardized and adopted
PUBLICATION market" as provided "display foods or crafts by the state depart -
ORDINANCE for in the Iowa admin- only in the Central rnent of agriculture
istrative code and will ,.Market or other desig- shall be the standard
be subject to the rules noted farmers"'.markets ', weights: and measures
relating thereto. In ias °.provided in _ this - used for the sale of all J,
spections may be con- ' chapter and as speci- merchandise required
ducted by the - city . fled on the market stall to be sold by weight or
1 manager who is under permit .Market stall ' other measure at the
contract with the state perits are market Central Market and
department of inspec speOifyc.and only allow other farmers markets.
tions and appeals. Sub -a pernilt"holder to dis- All sales by, weight
sect to such regulation play foods or crafts in S' shall .be`by avoirdupois,
NO.13-19
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 4
BUSINESS AND LI-
CENSE REGULA-
TIONS, CHAPTER 4
CENTRAL MARKET
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF and the limitations and the market expressly weight; -and all sales of
DUBUQUE, IOWA: prohibitions set forth stated.on the stall per- commoditiesby mea-
. Section 1. ,Title 4, hereinafter, any per- mit. - sure shall be by Stan- �
Chapter4 of the City of son, firm or corpora- .4-4-6: REVOCATION dard volume contain-
Dubuque; Code of Ordi- 1 tion may display, offer OF PERMIT ers, specifically, ;,pint,
nances is amended to for sale or sell on the In any case where it is ! quart,.peck or. bushel.
read as follows: , streets or sidewalks of - found that items dis- Section, 2. This Ordi-
CHAPTER 4 the Central Market or played, offered for sale' nance takes effect on
CENTRAL! MARKETAND I another farmers' mar--. or,sold have not been publication.
OTHER ket, flowers, plants, .raised,0 produced, pro-. Passed, approved,
MARKETS " arts, crafts or food cured r crafted by the and adopted, the 4th
4-4-1: MARKET AREAS items which have been local vendor, or. have day of March 2019:
DELINEATED: ' raised, produced,' pro- ,been'.processed,,manu- /s/ Roy 11 Buol,'Mayor
A. Central ,Market cured or crafted by the factored or crafted by „ At#est' '`
Area:, The property of local vendor and which ,the local vendor m vio; /s/Kevin S�F;i'rnsfah'I,
the city adjacent to'the are displayed and sold," lotion of any 'city ordi f CMC City Clerk
city hall together with ''at a stall, for which a nance or permit Pubfisl ed,.officially in
such . parts of .the permit has been issued agreement, the permit,' the Telegraph Herald
streets and sideWalks as provided for in this i may revoked by the , newspaper ,on'. the 8th`
'located within the area chapter. city manager ; daybflvlarch, 2019.
bounded by'the south, ` 4-4-3: MARKET 4-4-7: MARKET MAS-.'L/Kevin S. Filrnstahl,
side -,of Tenth?,street, STALLS ESTABLISHED; TER DESIGNATED; DU- ` CMG, CityClerk
the north;sideof ihir ISSUANCE OF PERMITS: TIES GENERALLY it 3/8
teenth Street the, west A. Spaces' For .Stalls . The city "=manager-: —
' iside of Central A,0 us " Established; Fees: The shall establish and car
and the. 'east 'side' of city manager is autho- ry out such proce-
Main
Street and such,: rized to establish dures, policies and
distances;: on ,.Iowa' spaces for stalls in the , rules relating to the
Street rybetween Thir- Central Market or oth- Central Market or oth
teenth and Fourteenth er designated farmers' er designated 'farmers l
Streets ,ori both' sides markets' as may be markets and their op-;
thereofm
as'ay be,nec- necessary and to issue erations as are neces
essary-for `three.,(3)' permits for the use of sary<to provide for.
standard--auto"perking such stalls. The fees for acceptable sanitation
stalls will constitute such permits shall be- and to protect the pub
and he ,known as the I established by the city. lic health, safety and
Cental„Market ' manager: � welfar.:
B Other areas will be B• Use of Metered 4-4-8:e
TRAFFIC REGU
delineated as farmers', Parking Spaces: When LATIONS:
markets and :a map of:' a permit holder uses a The city manager
such areas will'be filed metered parking space shall 'restrict or regu-
with the offices ofthe od days other than au- late the.sidewalk and
City Manager, the City • thorized by the hold- street traffic ° in the
Clerk, the Health Ser- 1 er's permit, the permit area of the Central
vices Department, and holder: shall comply Market or other desig-
the Planning ,Services . with the parking meter. nated fahrem 'markets
Department if the;'ap- requirements of this as may benecessarys to
plications for such code. •;. •' protect the public
markets ,and subse- 4 4 4:, RESTRICTED health, safety and we
l-
quently, the markets 1 PARKING IN CENTRAL' fare,
themselves comply MARKET' AND OTHER i 4=4-9: INSPECTION; 'I
with ".the 'rules and reg- DESIGNATED FARM- CONFISCATION. OF.:,
ulations for a farmers' ERS” MARKETS: FOOD UNFIT FOR CON -
market set forth in the ;When stalls 'in the SUMPTION:
City's farmers' market Central Market and All food or food prod- �;
permit application,` the ' other farmers' markets ucts displayed,' sold or
City of Dubuque Code have been established offered for sale at the
of Ordinances, and any by the city manager Central Market and,
other applicable local, and signs are erected other designated farm
state, and federal laws, giving notice thereof, . ers' ,markets shall be
4-4-2: FARMERS' MAR- no person shall park a subject to inspection',
KET; DISPLAY OF MER- vehicle in such stall be; by' the city manager. If:j
CHANDISE: tween'the 'hours of six , any food or food prod
The Central Market' o'clock (6:00) A.M. and uct is found to be unfit
and any other desig- twelve o'clock (12:00) 'for' human consump
hated farmers markets' noon on Saturdays jntion, the city manager
hat obtain and comply the months of May shalconfiscate"fand
with the City's farmers' through October unless destroy the food, and
market permit applica- the vehicle has on dis- the person displaying,:
play' a permit as de= . offering for sale: or sell
scribed in this chapter. ing such food shall be
4-4-5: DISPLAY PER- guilty'' of a .`misde-
MIT RESTRICTED TO , meanor.
CENTRAL MARKET 4-4-10: WEIGHTS AND I
AREA OR OTHER FARM- MEASURES:
ERS MARKET: The weights and mea -
es market stall permit sures approved, stan