Possible Farmers Market Itinerant Merchant Exemption Language


I met with City Manager John Prescott and Chamber Director Steve Howe this morning, and we hammered out a draft of an itinerant merchant exemption for farmers markets that includes all our vendors.  This exemption would also negate the necessity of the market applying for a “special events” license.

The draft exemption is as follows:

Sample Ordinance for Farmers Market

An open air market which conforms to all applicable city, county, state and federal health and safety provisions, including South Dakota Department of Agriculture and Department of Revenue regulations and policies. The market is intended to provide an opportunity for individuals to sell items that are locally grown or produced by them for human consumption, garden produce, farm produce, and arts and crafts. Arts and crafts are those items which are hand-made by the creator or creator’s family.

“Farm produce” is intended to cover items not already specifically covered under the “human consumption” language, such as compost and mulch and ornamental crops.  Specific arts and crafts language is to avoid a “flea market” situation.

The City Manager will now run this language by the City Attorney to make sure it’s workable.  If it is, we’ll be bringing this exemption language before the City Council tonight.  Pending market board and vendor approval, I am prepared to support this exemption language, as is Steve Howe from the Chamber of Commerce.

The City Council will have the final say on the exemption’s adoption into city code.  The first hearing will be tonight at 7pm in City Hall, 25 Center Street in Vermillion.  Hope to see you there!

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5 responses to this post.

  1. I really like this kind of up-to-the-minute coverage of developing local news. Helping your neighbors follow this process is valuable, both for understanding and advocating the current issue and for giving people a roadmap for how to participate and interact with city officials in crafting the rules we live by in community. Keep it up… and good luck at the meeting tonight!

  2. Posted by Mary on April 5, 2010 at 12:14 pm

    You go, girl!

  3. Posted by flyingtomato on April 5, 2010 at 3:22 pm

    Thanks, Cory–though there’ve been a number of other things I haven’t been blogging about lately that I should be–simply because I’ve been so involved in this negotiation and also the Home-Processed Foods implementation meeting in Pierre last week. I’m beat! But I also want folks to know where we are in this process, so no one thinks they need to bring their pitchfork. We’d like to keep it civil–though passionate support of the market is always welcome!

    But, coming soon I’ll have the long overdue posts about our downtown Third Place–the Coffee Shop Gallery–being open again on a limited schedule (AND with a “Hometown Homemade” market on Saturdays featuring some of our regular market vendors!) and the opening of Prairie Sun Organics shop downtown as well. So much to cover, so little time–the life of the blogger. 😉

  4. Posted by d mckinney on April 5, 2010 at 4:41 pm

    Two gentle suggestions: the first sentence is not a sentence. The last sentence says (paraphrase) made by the creator or the creator’s family. Whoever made it is the creator, regardless of his/her relationship to the vendor. Perhaps you want something like “by the vendor or the vendor’s family.”

  5. Posted by flyingtomato on April 5, 2010 at 9:06 pm

    D–I didn’t write this–it was a quickly hammered-out draft. But yes, the language is a little clunky–I think it was actually borrowed from MN or IA code.

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