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ORD NO 03-2019 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO.03 -2019 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 09-2012 TO CHANGE SUPERVISION OF THE VAN BUREN FARMERS MARKET; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the Farmers Market Grower's Association, supervisory committee for the Van Buren Farmers Market pursuant to the authority of Ordinance No. 09-2012, has decided to discontinue operating in the City of Van Buren; and WHEREAS, the Van Buren Main Street Market, sponsored by Van Buren Original, desires to take on responsibility for the farmers market in the City of Van Buren; and WHEREAS, it is necessary to amend Ordinance No. 09-2012 in order to allow the Van Buren Main Street Market to supervise and conduct the farmers market in the City of Van Buren; and WHEREAS, the amendment of Ordinance No. 09-2012 will benefit area farmers and the producers of food goods and produce, local businesses that use food products, and consumers of all income levels who will gain access to healthier, fresher, less transported foods, in addition to supporting regional agriculture; and WHEREAS, the City of Van Buren finds that without immediate passage, a farmers market in Van Buren may no longer exist, which will fail to satisfy the purposes set forth herein, and therefore, for the protection of the health, welfare and safety of the inhabitants of the City, and as herein set out, an emergency exists and is hereby declared to exist, and this ordinance shall be and become effective immediately upon this passage and adoption by the City Council. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION I: The City of Van Buren hereby amends Section 1 of Ordinance No. 09-2012 to provide that the Van Buren Farmers Market shall be organized and managed by the "Van Buren Main Street Market" (herein referred to as MSM). The "Farmers Market Growers Association"shall no longer be responsible for,or provide management of the Van Buren Farmers Market, and Ordinance No. 09-2012 is amended to reflect the change in supervision. SECTION 2: The City of Van Buren hereby amends Section 3 of Ordinance No. 09-2012 to authorize the MSM to operate inside Freedom Park, located in the 800 Block of Main Street in Historic Downtown Van Buren, within and adjacent to the park, and on the dates and times approved by the Mayor's Office per a proposed marketplace layout and schedule for each calendar year that is to be provided by MSM to the Mayor's Office no later than February 15 of each year. SECTION 3: The City of Van Buren hereby amends Section 4 of Ordinance No. 09-2012 listing the following goods to be sold at the MSM: fruits, vegetables, field crops; meat from locally raised and processed farm animals; plants, flowers(fresh & dried), herbs, tree and garden related items; honey, eggs, nuts, baked goods,jams &jellies, candy, fruit butters, cheese &other dairy products, condiments; handmade crafts. All products sold at the market must be produced in compliance with all applicable regulations of the U.S. Department of Health, U.S. Department of Agriculture, and any like agencies of the State of Arkansas. All crafts will be reviewed and approved by the MSM before they are allowed to be offered at the marketplace. Only original handcrafted items shall be displayed and offered for sale at the marketplace. The MSM shall have the right to accept or reject vendors and products based on criteria established by the MSM. SECTION 4: The MSM shall establish, adopt, and enforce rules and regulations it deems appropriate relative to the operation of the market; and shall promptly remove or cause to be removed any person who is disorderly, or who refuses to obey any rules or regulation relating the management or conduct of the market. SECTION 5: Parking is prohibited to anyone other than the holder of the marketplace spaces, as assigned by the MSM or its designee, and as allowed by the Mayor's Office at the locations and on the days and times established by Section 2 herein. Removal of an unauthorized vehicle by police impoundment is to be upon complaint of a city official or the MSM Market or its designee, and shall be enforceable beginning one hour prior to opening of the market on the days established by Section 2 herein. SECTION 6: Emergency Clause. The Van Buren City Council has determined that an emergency exists and that the immediate adoption and enforcement of this Ordinance, being necessary for the public peace, health, safety and welfare, shall be in full force and effect from and after its passage. SECTION 7: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. SECTION 8: All ordinances, resolutions or other acts of the City in conflict with the terms hereof are repealed or amended to the extent of any such conflict. The remaining provisions of Ordinance No. 09-2012 not specifically modified or amended herein remain in full force and effect. IN WITNESS WHEREOF,the City of Van Buren,Arkansas, by its City Council,did pass, approve, and adopt,by a vote of (0 for and 0 against,the foregoing Ordinance at its regular meeting held on the 28th day of January 2019. Joe Hurt Mayor ATTESTED: APP• y D AS TO FORM: tPs Thom • l ice A. mro e City Clerk/Treasurer City Attorney Main Street Farmers Market Rules and Regulations Vendor Applications are open from December to March 1st. If your product is unique and is not currently being offered at the market it will then be considered after the expected due date. Craft Vendors application deadline is February 1st. Counties -To include the entire state of Arkansas Vendor/Product Types Grower-the seller is the producer of the products being offered for sale Crafter-all crafts offered for sale are original in nature and produced in whole by the seller. No crafts shall be permitted from kits. These items will only be allowed during our special events. All craft items are to be approved. Homemade/Handmade products-all products are to be produced baked or manufactured by the seller and are original in nature. All food items must adhere to the Arkansas Dept. of Health Prepared Food Vendors- must be certified by the Arkansas Dept of Health General Operations 1. The Saturday market is held in the Freedom Park Pavilion 2. The market will operate every Wednesday & Saturday from April-October 3. Hours of operation are 7:30am-12:30pm. Vendors may arrive early as 5:45am to begin set up and must stay till the end of the market day to provide a full market to shoppers arriving through market hours. All vendors must be set up by 7:30 am each market day. 4. Vendors must be in their assigned spaces by 7:00am each market day. After this time access to their space is not guaranteed. 5. Vendors may leave early only under extenuating circumstances and with permission of the market managers. 6. Vendors must notify market management of absence no less than 24 hours before market open time. 7. Vendors are not allowed to park directly at the Pavilion market site. Alternative parking is available 8. Vendors are not allowed to smoke at the market site, Cane Hill Street between market area and depot, nor on the depot platform. Guidelines for Selling 1. All Vendors must have a visible sign clearly showing the name of their business on the table or front of the table in banner form. 2. Each vendor will be responsible for all equipment needed and supplies for the set up of a booth. Displays should be constructed in such a way that they do not block customers walkways or pose any other hazards to customers. 3. Seller must post prices. 4. All products offered for sale must be in good condition. The management reserves the right to direct any inferior goods to be removed from display 5. Vendors are responsible for the actions of their representatives, employees, or agents 6. All spaces must be swept clean at the end of the market day 7. Any vendor who provides samples and/or products that produce waste must provide containers for waste disposal 8. All applicable food safety regulations, both state and local, must be adhered to 9. All licenses and permits for products sold must be kept current. Copies will be kept with market management 10. Vendors will be accepted to the market at the discretion of market management. Market management may revoke the privilege of the sellers at its discretion Fees $35 yearly $5 setup fee for each market 1. The market manager will assign vendor locations. Moving locations is not permitted without approval from the market manager. 2. Fees and payment schedule will be determined annually by Market Management. Daily fees will be due and payable to the Market Manager by end of market day. 3.The market will assign daily vendor spaces depending on availability. Space in the market is not guaranteed. 4. No subletting of booth space is permitted. 5. Refunds are not given 6.Booth sharing is permitted but must be approved by the Market Manager first. Both parties must adhere to the guidelines. Both parties will pay a separate daily vendor fee 7. Double spaces will be permitted at the discretion of the market manager. Booth fees are paid per 10'x10' space. Nonprofit Guidelines: 1. Nonprofits attending the market are classified as Daily Vendors, and are subject to the rules set forward by the Main Street Market 2. Nonprofits must provide an interactive element to the existing market theme and must be relevant to the market interest. 3. Nonprofits may attend only on special events or as specified by market manager. 4. Under no circumstances will the selling of raffle tickets be allowed. Any items for sale must be of handcrafted or handmade nature by the participating group. Exceptions may be available during special market events Entertainment and Performances: 1. All performances must be scheduled with market management at least seven days prior to performance date. 2. Music or demonstration must be family appropriate and relevant to market interest or scheduled special event. 3. Amplification will not be allowed unless prior approval by the market manager. 4. Market Management reserves the right to revoke performance privileges at any time. Compliance: 1. All complaints must be submitted in writing to the market manager. 2. All complaints will be reviewed by the market manager in an attempt to resolve the issue. 3. Application approval serves as the vendor's agreement to abide by the rules of the market, as established by Main Street Market. Disciplinary action is as follows: First offence: Verbal Warning Second offence: Written documentation Third offence: Expulsion from the market I have read and understand all rules and regulations by the Main Street Market Date Received by Date CITY OF VAN BUREN,rARKANSAS ORDINANCE NO. ! -2013 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 9- 2012 TO MODIFY THE GOODS AUTHORIZED TO BE SOLD AT THE FARMERS MARKET; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the Farmers Market Growers Association wishes to allow handmade crafts to be sold at the farmers market in the City of Van Buren;and WHEREAS, it is necessary to amend Ordinance No.9-2012 in order to allow for the selling of such crafts;and WHEREAS, the amendment of Ordinance No.9-2012 will benefit area farmers and the producers of crafts,food goods and produce;local businesses that use food products;and consumers of all income levels who will gain access to healthier,fresher,less transported foods, in addition to supporting regional agriculture;and WHEREAS, the City of Van Buren finds that without immediate passage the fanners market will no longer exist which will fail to satisfy the purposes set forth herein,and,therefore, for the protection of the health,welfare and safety of the inhabitants of the City of Van Buren, and as herein set out,an emergency exists and is hereby declared to exist,and this ordinance shall be and become effective immediately upon this passage and adoption by the City Council. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: Section 4 of Ordinance 9-2012 is amended to provide and substitute the goods authorized to be sold at the farmers market to include: 1. Fruits,vegetables,field crops. 2. Plants,flowers(fresh and dried),herbs,tree and garden related items. 3. Honey,eggs,nuts,baked goods,jams and jellies,candy,fruit butters, cheese,condiments. 4. Dairy products. S. Handmade crafts. All products sold at the farmers market must be produced in compliance with all applicable regulations of the U.S. Department of Health,and/or the U.S. Department of Agriculture,and/or any like agency or agencies of the State of Arkansas. All crafts will be reviewed and approved by the Farmers Market Growers Association before they are offered for sale at the marketplace. Only original handcrafted,finished items shall be displayed and offered for sale at the marketplace. SECTION 2: Emergency Clause. The Van Buren City Council has detennined that an emergency exists and that the immediate adoption and enforcement of this Ordinance being necessary for the public peace, health, safety and welfare,the provisions hereof shall be in full force and effect from and after its passage. SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section,or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate,or invalid by any court of competent jurisdiction,such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. SECTION 4: All ordinances,resolutions or other acts of the City in conflict with the terms hereof arc repealed or amended to the extent of any such conflict. The remaining provisions of Ordinance No. 14-2008 and Ordinance No.9-2012 not specifically modified or amended herein remain in full force and effect. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt, by a vote of for and C against,the foregoing Ordinance at its regular meeting held on the 15'd day of July 2013. I Robert D.Fre; an Mayor ATTESTED: u S TO FORM:Alfre BadQ ellIds Candice A. W Nik City Clerk/Treasurer City Attorney CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. q -2012 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE 10 BE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 14- 2008 TO MODIFY THE NAME OF THE FARMERS MARKET AND TO CHANGE SUPERVISION OF THE MARKET TO THE FARMERS MARKET GROWERS ASSOCIATION; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the Old Town Merchants Association, supervisory committee for the Old Town Van Buren Farmers Market pursuant to the authority of Ordinance No. 14-2008, has decided not to conduct the Old Town Van Buren Farmers Market at the current location provided for in Ordinance No. 14-2008;and WHEREAS, the Farmers Market Growers Association wishes to take on responsibility for the farmers market at a new location in the City of Van Buren; and WHEREAS, it is necessary to amend Ordinance No. 14-2008 in order to allow the Farmers Market Growers Association to supervise and open the farmers market in a new location;and WI IBREAS, modifying Ordinance No. 14-2008 to change the name of the market, change the committee responsible for the supervision of the market, and to extend the period and days of the market will support our region's farmers;ensure the market remains open to consumers in the City,connects consumers directly to local food producers; strengthens urban-real community bonds; educates the general public on the benefits of eating locally produced food; and promotes consumer opportunities for"greener"shopping and healthier diets: and WEER I LAS, the amendment of Ordinance No. I4-2008 will benefit area farmers and the producers of food goods and produce; local businesses that use food products;and consumers of all income levels who will gain access to healthier, fresher, less transported foods, in addition to supporting regional agriculture;and WII EREAS, the City of Van Buren finds that without immediate passage the farmers market will no longer exist which will fail to satisfy the purposes set forth herein,and,therefore, for the protection of the health,welfare and safety of the inhabitants of the City of Van Buren, and as herein set out, an emergency exists and is hereby declared to exist,and this ordinance shall be and become effective immediately upon this passage and adoption by the City Council. • NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BURF.N, ARKANSAS,THAT: SECTION 1: The City of Van Buren hereby amends Section I of Ordinance No. 14-2008 to modify the name of the"Old Town Van Buren Farmers' Market"to the"Van Buren Farmers Market.` Ordinance No. 14-2008 is further amended to provide that the Van Buren Farmers Market shall he organized and managed by the Farmers Market Growers Association(FMGA). The Old Town Van Buren Merchants Association shall no longer be responsible for or provide supervision for the farmers market and Ordinance No. 14- 2008 is amended to reflect the change in supervision. SECTION 2: Section I of Ordinance No. 14-2008 is further modified to amend the location requirement. Specifically,it is amended to state as follows: "On an annual basis,the Van Buren City Council shall determine the location of the farmers market within the corporate limits of the City. That determination will be based on a site location request made by the FMGA to the City Council. The request must he submitted to the Mayor's office at least thirty(30)days prior to the proposed farmers market opening date." SECTION 3: Section 2 of Ordinance 14-2008 is amended to extend the period That the farmers market may be opened,beginning no earlier than April 1, through December 31. The fanners market 'vi 11 continue to be opened on Saturdays,and Section 2 of Ordinance 14-2008 is further amended to provide that the market may be opened one additional weekday, subject to City Council approval, and subject to the availability of goods. The additional weekday request must be submitted to the Mayor's office at least Ihiily(30)days prior to the proposed farmers market opening date. This market shall open no earlier than 6:00 a.m.and shall close no later than 1:00 p.m.during the permissible dates. SECTION 4: Section 3 of Ordinance 14-2008 is amended to provide and substitute the goods authorized to be sold at the farmers market to include'. 1. Fruits,vegetables, field crops. 2. Plants, flowers(fresh and dried), herbs, tree and garden related items, 3. Honey, eggs,nuts, baked goods,jams and jellies,candy, fruit butters, cheese, condiments. 4. Dairy products. All products sold at the fame N market must be produced in compliance with all applicable regulations of the tl.S. Department of Health,and/or the U.S. Department of Agriculture,and/or any like agency or agencies of the State of Arkansas. SECTION 5: Section 4 of Ordinance No. 14-2008 is amended to provide that the individual vendors shall be exempt from both a business privilege license and a mobile vending permit. SECTION 6: Section 5 of Ordinance 14-2008 is amended to substitute the"Fanners Market Growers Association" for the"Old Town Merchants Association" SECTION 7: Section 8 of Ordinance 14-2008 is amended to substitute the"Farmers Market Growers Association"for the"Old Town Merchants Association" SECTION 8: Section 9 of Ordinance 14-2008 is amended to he removed in its entirety. 1 SECFION 9: Emergency Clnuee. The Van Buren City Council has detennincd Ihat all emergency exists and that the immediate adoption and enforcement of this Ordinance being necessary for the public peace,health, safety and welfare,the provisions hereof shall be in full force and effect from and after its passage. SECTION 10: The various provisions and parts of this Ordinance arc hereby declared to he severable, and, if any section or part of a section,or any provision or pad of a provision herein, is declared to he unconstitutional, inappropriate,or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the reinainder of this Ordinance and to that extent the provisions hereto are declared to be severable. SECTION I I: All ordinances, resolutions or other acts of the City in conflict with the terms hereof arc repealed or amended to the extent of any such conflict. The remaining provisions of Ordinance No. 14-2008 not specifically modified or amended herein remain in full force and effect. IN WITNESS WHEREOF, the City of Van Duren, Arkansas, by its City Council,did pass, approve,and adopt,by a vote of (0 for and 0 against,the foregoing Ordinance at its special meeting held on the P day of May 2012. s add---- Robert D. Free Mayor ATTESTED: ' " , PPR ED AS TO FORM: li_65pf�0 'N-.•.'. , 110.`l Baric. C rti., Candice A. Settle t).n,,A City Clerk/l'rensurer City Attorney CITY OF VAN BUREN, ARKANSAS ® ORDINANCE NO. L-2008 BE IT ENACTED BY 'fHE CITY COUNCIL FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO ESTABLISH THE OLD TOWN VAN BUREN FARMERS'MARKET;CREATING AN EXCEPTION TO THE CITY PRIVILEGE LICENSE REQUIREMENT; DECLARING AN EMERGENCY, AND FOR OTHER •PURPOSES. WHEREAS, the City of Van Buren wishes to establish the Old Town Van Buren Farmers' Market to support our region's farmers; to connect consumers directly to local food producers;to strengthen urban-rural community bonds;to educate the general public on the benefits of eating locally produced food; and to promote consumer opportunities for"greener' shopping and healthier diets;and WHEREAS, the City of Van Buren and the Old Town Van Buren Merchants Association wish to create vibrant opportunities for the region's agriculture community to come together with urban residents to share the bounty of our and; to maximize the local consumption of local foods through leadership in the farm direct movement; and • benefit from "greener"distribution channels for farm direct products; and WHEREAS, the establishment of a farmers'market will benefit arca farmers and the producers of food goods and produce;local businesses that use food products; and consumers of all income levels who will gain access to healthier, fresher, less transported foods, in addition to supporting regional agriculture; and WHEREAS, the City of Van Buren has found that the purposes herein require immediate attention,for the protection of the health,welfare and safety of the inhabitants of the City of Van Buren,and as herein set out,an emergency exists and is hereby declared to exist. and this ordinance shall be and become effective immediately upon this passage and adoption by the City Council. NOW,THEREFORE, BE IT ORDAINliD BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION I: The City of Van Buren hereby establishes the Old Town Van Buren Farmers'Market which shall be located at the Old Town Van Buren Parking lot, located on Webster and 7'h and 8i[ Streets in Historic Downtown Van Buren, on the dates and times proscribed herein. SECTION 2: The Farmers'market establ fished hereto may be opened every Saturday, beginning on the 3`a weekend in May,through the l"weekend in October,but shall not be open on any other day. This market shall open no earlier than 6:00 a.m. and shall close no later than 1:00 p.m. during those permissible dates. SECTION 3: The following goods arc hereby authorized to be sold at the Old Town Van Buren Farmers Market: vegetables, honey, raw juices, molasses, fruit, plants, and other produce or agricultural items grown by the Vendor thereof,and any processed farm products derived therefrom and produced by the Vendor thereof. All products sold at the farmers' market must be produced in compliance with all applicable regulations of the U.S. Department of Health, and/or the U.S. Department of Agriculture, and/or any like agency or agencies of the State of Arkansas. SECTION 4: Individual Vendors selling permitted items at the farmers' market shall be exempt from obtaining a business privilege license from the City of Van Buren. Vendors shall however be required to comply with any Federal,State,County.or City statues or ordinances otherwise applicable including but not limited to those relating to sales tax, sanitation, or food manufacturing or sales. SECTION 5: The farmers' market shall be under the supervision of the Old Town Van Buren Merchants Association, which shall establish and enforce appropriate rules and regulations relative to the operation of the fanners' market; and shall promptly remove or cause to be removed any person who is disorderly,or who refuses to obey • any rule or regulation made for the management or conduct of the farmers' market. SECTION 6: Every person who shall offer for sale, at the fanners' market, any article by weight or measure shall have all scales, weights and measures properly examined, tested, stamped,and sealed, in accordance with state law. SECTION 7: At the end of each market day, each Vendor shall he required to leave the marketplace in a clean and sanitary condition,free from waste, debris and insects. SECTION 8: The Old Town Van Buren Merchants Association shall make conveniently located toilet facilities available for market Vendors. A signed letter from the property or business owner granting the market Vendors access to toilet facilities shall he submitted annually to the Van Buren Code Enforcement officials. SECTION 9: Parking is prohibited to anyone other than the holder of the farmers' market space(s), as assigned by the Old Town Van Buren Merchants Association,or its designee, on the days and times established above. Removal of an unauthorized vehicle by police impoundment is to be upon complaint of a city official or the Old Town Van Buren Merchants Association or its designee and shall be enforceable beginning one hour prior to opening of the farmers' market on days as specified above. • • SECTION 10: Emergency Clause. The Van Buren City Council has determined that an emergency • exists and that the immediate adoption and enforcement of this ordinance being necessary for the public peace,health,safety and welfare,the provisions hereof shall be in full force and effect from and after its passage. SECTION 11: The various provisions and parts of this Ordinance arc hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate; or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. SECTION 12: All ordinances,resolutions or other acts of the City in conflict with the terms hereof are repealed or amended to the extent of any such conflict. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council,did pass, approve, and adopt,by a vote of 5 for and 0 against, the foregoing Ordinance at its meeting held on ther,i day of9232,r 2008. Robert D. Freeman, cavo' • ATTESTED: APPR VED AS TO FORM. u 0, ate Barbie Curtis, City ClerkTl reasurer N. Doi did Jenkinier Attorney •