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Farmers Market Policy application and license FINAL Propsed and Recommended 11.21.11City of Northampton Proposed Farmers Market Policy Adopted and Recommended by Farmers Market Subcommittee November 21, 2011 Background Massachusetts General Laws (Chapter 40, Section 10) enables municipalities to authorize the use of public space by farmers markets. The City of Northampton has made public property available to farmers markets for many years but has had no formal policy in which to do so. The Farmers Market Subcommittee of the Agricultural Commission was formed in September 2009 in part to recommend and establish a citywide policy. Purpose Statement The purpose of this policy is to promote local agriculture and the availability of fresh healthy foods by making city owned spaces available for use by farmers markets. This policy establishes a unified process for use of city property by farmers markets. It is the intent of this policy to set guidelines on how markets operate on City property. It is not the intent of the policy to regulate or dictate the internal operations of individual markets. Farmers Market Approval A license or permit must be obtained from the City to operate a farmers market on City property. The Community and Economic Development Director is the designated Farmers Market Liaison. The Farmers Market Liaison will determine the appropriate licensing entity, coordinate between the various departments involved in licensing the market, and will be the liaison between the city and the markets regarding problem solving for the markets. This policy is intended to create a clear and streamlined process for permitting farmers markets and to address the logistical, operational, and permitting aspects related to use of city property. Farmers Market Liaison Contact: Teri Anderson, Director Community and Economic Development Office City Hall, Second Floor 210 Main Street Northampton, MA 01060 413-587-1253 tanderson@northamptonma.gov A license/permit may be granted to operate a farmers market on any city owned property in compliance with this policy including but not limited to city streets and sidewalks, parking lots, plazas and parks. It is recommended that the application be submitted at least 30 days prior to start of the market season to allow for sufficient time to process the application. The annual fee for the license shall be $___. (The Committee recommends an annual permit/license fee of between $25 and $100 to cover administrative costs of permit/license review, parking spaces used, and public property space used to balance costs to the city with a reasonable fee that makes it feasible for markets to operate.) The license/permit may be revoked by the City upon finding that the market is not in compliance with the terms of the license/permit after the market has been notified and given the opportunity to resolve the issues of non-compliance. It is the intent of this policy that the City and the farmers markets will work cooperatively together to solve problems that may arise in the operation of markets. The City’s Farmers Market Liaison will assist in problem solving and dispute resolution. Unresolved matters can be taken to the City Property Committee and Board of Public Works for final resolution. Definitions Farmers Market – A Massachusetts farmers market is a public market for the primary purpose of connecting and mutually benefitting Massachusetts farmers, communities, and shoppers while promoting and selling products grown and raised by participating farmers (Massachusetts Department of Agricultural Resources, MDAR). A proposed farmers market must meet the minimum qualifications for Massachusetts Farmers Market as defined by MDAR (see attached MDAR policy). The intention of this policy is to promote locally grown agriculture (Northampton, Pioneer Valley, and Western Massachusetts) and to give first preference to markets consisting of primarily local and regional vendors. Eligible Vendors and Products – Massachusetts grown or grown within 75 miles of the market and raised, grown, and produced by the farmer (including the farmer’s household or employees of the farm). Up to 25% of the farmers at a Farmers Market may be from outside the Hampshire, Franklin, Hampden County area. Products may include the following: Agricultural products including but not limited to: fruits, vegetables, herbs, plants, flowers, nuts, seeds, honey and maple syrup, cider, eggs, dairy products, poultry, meat, and fishery products. Prepared foods processed or prepared by the farmer using products grown on the farm including but not limited to preserves, pickles, juices, home/farm canned products, cheese, and wine. Value-added products prepared by farmers or non-farm producers using the above farm products including but not limited to prepared meals, baked goods, bread, crafts, soap, and oils. Arts and crafts made, produced, or assembled by local and regional vendors and sold by the producer or maker. Up to 25% of the vendors at a farmers market may be non-farm vendors. Farmer cooperatives may be considered a direct grower/producer vendor provided that 100% of the products sold by the cooperative are wholly grown and produced by the members of the cooperative, meet the geographic parameters above, and products are sold directly by members of the cooperative at the market. Ineligible Products – Farmers markets are intended to be primarily agricultural in nature and are not intended to be flea markets or markets for the sale of second hand goods, non-farm products (except as defined above), resale/wholesale of farm products not grown by the persons selling the product, or products prohibited from sale by the Massachusetts Department of Public Health. Local First and Collaboration with Local Businesses – It is the intention of this policy to promote the success of Northampton based farmers and to encourage cross promotion, collaboration, and cooperative relationships between farmers markets and Northampton based businesses. To that end, farmers markets shall reach out to and give first preference to prepared food, non-farm, and value-added vendors that are Northampton based businesses. It is understood that diversity of products is a primary goal in selecting market vendors. First preference shall be given to Northampton based farmers if they can meet the product need desired by the market with the goal of achieving at least 25% Northampton based farmers. Markets are not expected to eliminate existing vendors to meet this goal but to achieve the goal over time as new vendors are sought for the market and through attrition of existing vendors. Entertainment and Ancillary Activities – Farmers markets may provide entertainment or other ancillary activities (including but not limited to cooking or food preservation demonstrations) during the market hours provided it is clearly ancillary to the market and intended to enhance the customer experience or to collaborate and cross promote with local businesses. Proposed entertainment and ancillary activities should be generally described in the farmers market application. Entertainment will be permitted as part of the farmers market license/permit and shall not require a separate entertainment license. Entertainment may be amplified at a low level. Market Manager – A farmers market shall be managed and operated by a market manager or committee who will be responsible for managing the operations of the market, will be the lead contact/liaison with the City, will prepare the license application, and will ensure compliance with the license/permit. Criteria for Approval In granting a farmers market license/permit, the following factors will be considered. The number of markets operating on public property. The intention of this policy is to promote the overall viability of all farmers markets in Northampton in terms of geographic distribution, days of operation, and vibrancy. Existing markets shall have first preference for continuing to operate in an existing location, day, and time period. Approval will not be granted for two or more markets to operate on the same day. The impact on other public uses in and surrounding the proposed location. The impact on public parking, traffic circulation, safe pedestrian access, and access to adjacent businesses and abutters. Adequate insurance. The market shall submit a certificate of insurance for general liability coverage in the amount of $100,000/$1,000,000 with the City named as an additional insured. It is the responsibility of the Farmers Market Manager/Committee or the individual vendors to obtain all applicable Health Department, License Commission, or State of Massachusetts Licenses. Licensing Authority A license or permit shall be issued by the City board or department with jurisdiction over the public property location of the proposed market. Generally this includes: Board of Public Works/ Department of Public Works (Streets, sidewalks, Pulaski Park) Parking Department (Parking lots/structures/plazas) City Property Committee (Generally approves all licenses on city property except property under the jurisdiction of the Board of Public Works. Some licenses may be delegated to departments or Mayor.) The following departments should be notified and given the opportunity to comment or give concurrence on a farmers market license/permit application: Mayor’s Office Police Department (Police Department must review and give concurrence) Fire Department (Fire Department needs notification to determine alternate emergency vehicle routes for street closures) Central Services Department Health Department Building Commissioner’s Department Community and Economic Development Office Office of Planning & Development Any other department that may be impacted by the application or any department or board that has jurisdiction over the proposed location. Other Licenses and Permits: It is the responsibility of the Farmers Market Manager/Committee or individual vendors to obtain all other applicable local and state licenses/permits. Below is a list of other potentially applicable permits. Health Regulations – The Northampton Board of Health requires a vendor permit for value added food products sold at Farmers Markets. Contact the Northampton Health Department at 587-1214 for more information. A copy of the regulations is attached for reference. License Commission – A license must be obtained from the Northampton License Commission and the MA Department of Agricultural Resources to sell farm winery products. Contact the License Commission Office at 587-1210 for more information. A copy of the regulations is attached for reference. Sign Permit - A sign permit must be obtained from the Building Department to erect a sign that will stay in place during the duration of the Farmers Market. Contact the Building Department at 587-1240 for more information. A copy of the regulations is attached for reference. Attachments Farmers Market Annual Application Form Farmers Market Annual License/Permit Policy for Massachusetts Farmers’ Markets – MA Department of Agricultural Resources Board of Health Farmers Market Permit Requirements - http://www.northamptonma.gov/healthdept/Farmers_Markets/ Northampton License Commission license to sell farm winery products at a farmers market - http://www.northamptonma.gov/healthdept/Farmers_Markets/ MA Department of Agricultural Resources license to sell farm winery products at a farmers market - http://www.mass.gov/agr/markets/wineries/winery-application.htm Sign permit Application - http://www.northamptonma.gov/building/uploads/listWidget/9303/sign%20permit.pdf Farmers Market Annual Application Name of Market: Contact Person for Market: (name, address, telephone number, email) Proposed Location, Approximate Number of Vendors, and Space Needs of Market: (Please be as specific as possible and include a sketch or diagram.) Proposed Season, Day and Hours of Operation of Market: Information on Management of Market: (submit the market’s operating rules) Proposed Entertainment and Ancillary Activities: Proposed Signage: Other Information: __________________________________ Signature of Applicant Farmers Market Annual License/Permit A Farmers Market Annual License/Permit is hereby issued in accordance with the City of Northampton Farmers Market Policy to the following Farmers Market. Name of Farmers Market: __________________________________ Location and Parameters of Space Use: _______________________________________ __________________________________________________________________________ __________________________________________________________________________ Season Dates: __________________________________________________ Day(s): __________________________________________________ Hours of Operation: _______________________________________ License Standard Conditions: Parking, Access, Circulation - The site location shall not have a negative impact on public parking, traffic circulation, safe pedestrian access, or access to adjacent businesses and abutters. The proposed site shall have adequate parking for farm vehicles. (List any specific parking, access, circulation conditions.) Signage - A farmers market may be allowed one temporary sign that is affixed to public or private property adjacent to the market site to identify the market during the market season. The sign shall be removed at the end of the market season. (Temporary banners erected only on the day of the market do not require a permit.) Insurance/Liability – The market shall submit a certificate of insurance for general liability coverage in the amount of $100,000/$1,000,000 with the City named as an additional insured. Cleanup – The market shall maintain a clean vending area, clean up and dispose of all trash after each market. (List any specific conditions.) It is the responsibility of the Farmers Market Manager/Committee or individual vendors to obtain all other applicable local licenses (Health Department, License Commission, Building Department) or State of Massachusetts Licenses. Below is a list of other potentially applicable permits. See the Farmers Market Policy for more information on these permits. Health Regulations – The Northampton Board of Health requires a vendor permit for value added food products sold at Farmers Markets. Contact the Northampton Health Department at 587-1214 for more information. License Commission – A license must be obtained from the Northampton License Commission and the MA Department of Agricultural Resources to sell farm winery products. Contact the License Commission Office at 587-1210 for more information. Sign Permit - A sign permit must be obtained from the Building Department to erect a sign that will stay in place during the duration of the Farmers Market. Contact the Building Department at 587-1240 for more information. Other Special Conditions: (Please list) _____________________________ Date of Approval ______________________________ Print Name of Licensing/Permitting Authority ______________________________ Signature of Licensing/Permitting Authority Fee: $____ (The Committee recommends an annual permit/license fee of between $25 and $100 to cover administrative costs of permit/license review, parking spaces used, and public property space used to balance costs to the city with a reasonable fee that makes it feasible for markets to operate.) POLICY FOR MASSACHUSETTS FARMERS’ MARKETS The Massachusetts Department of Agricultural Resources (MDAR) both promotes and regulates agriculture across the Commonwealth. Our goal is to work to increase sales opportunities and delivery of our farmers’ products to all areas of the Commonwealth and beyond. Such broad availability is also intended to include people who otherwise may not have access to those products at the farms themselves, or through traditional retail outlets. Further, MDAR has a regulatory and statutory role in the sale of agricultural products at public markets. For these reasons and others, MDAR has determined that a uniform definition and minimum qualifications are necessary to optimally direct these efforts. As farmers’ markets have grown in Massachusetts and in an effort to maintain the benefit realized by our Commonwealth’s farming interests, it has become increasingly important that such outlets are adequately defined. Accordingly this policy document is intended to provide basic guidance and definitions relative to farmers’ markets in Massachusetts. A Massachusetts Farmers’ Market is a public market for the primary purpose of connecting and mutually benefiting Massachusetts farmers, communities, and shoppers while promoting and selling products grown and raised by participating farmers. Minimum qualifications for a Massachusetts Farmers’ Market: Two or more farmers primarily selling products grown, produced, or raised by the farmers The market has set hours of operation and operates on a regular schedule The products are clearly labeled as to origin The market complies with all applicable local, state, and federal laws and regulations The market must have, and abide by, a set of rules* that governs the operation of the market and, at a minimum, assures the primary purpose of a Massachusetts Farmers’ Market as providing a direct marketing opportunity for Massachusetts farmers, foresters and fisheries and addresses the following: Terms and conditions of sales, including pricing and labeling Grievance procedure Vendor eligibility and product source Compliance by all vendors with local, state, and federal laws and regulations MDAR strongly suggests that farmers’ markets address market and vendor liability, including any insurance requirements in their policies or rules. * Rules must be approved by MDAR if the market is applying for or receiving MDAR sponsored grant funds or intending to include the sale of wine by farm wineries at the market. However, all farmers’ markets are expected to have rules that meet these minimum qualifications. Northampton Board of Health Northampton Farmers Market Permitting Process http://www.northamptonma.gov/healthdept/Farmers_Markets/ The Northampton Farmers Market permitting process is based on the MA DPH Food Protection Program Policies, Procedures and Guidelines memo No. RF-08. This memo defines vendors that require a retail food permit (which is what our farmers market permit requires). The Northampton Health Department’s interpretation of this memo is that vendors selling the following DO NOT need a permit: Fresh Produce (uncut) Unprocessed honey Maple syrup Farm fresh eggs Additionally we are not requiring that meat and poultry vendors obtain a permit but they must be able to demonstrate the meat was slaughtered in a federal and/or state licensed and inspected facility. All other vendors are considered value-added/processed foods and therefore require a permit. The key component of permitting these vendors is establishing that the food is prepared at an approved source (licensed food processing facility, a licensed food establishment or a licensed retail food establishment). A valid copy of these licenses must be submitted with the permit application. For all other conditions (such as sale of fish, temperature control, physical facilities, etc.) please refer to the DPH memo. Fees: Value Added Farmed Goods: Waived Food Prepared in a Licensed Food Service Establishment: $50 Food Prepared on Site: $50 1 Day (Temporary) Food Prepared on Site: $25 MA Department of Public Health Food Safety Farmers Market Guidelines Hard Copy to be inserted. http://www.mass.gov/eohhs/docs/dph/environmental/foodsafety/farmer-market-guidelines.pdf CITY OF NORTHAMPTON LICENSE COMMISSION FARM WINERY LIQUOR LICENSE TO SELL AT FARMERS MARKETS AND AGRICULTURAL EVENTS Massachusetts General Laws Chap 138, §7 (f), §15F, § 19B, Farm Winery Farmers Markets/Ag Event Liquor License S2583 Act Relative to Economic Development Reorganization, Section 139-147 City of Northampton Ordinance §120-1 and §120-4 CORPORATE NAME__________________________________________________________________________ D/B/A NAME________________________________________________________________________________ ADDRESS___________________________________________________________________________________ CONTACT PERSON ___________________________________________________________________________ TELEPHONE NUMBER_________________________________________________________________________ DATE(S) & BEGINNING AND END TIME(s) OF EVENT(s) _____________________________________________ DESCRIPTION & LOCATION OF PROPOSED EVENT _________________________________________________ ___________________________________________________________________________________________ EMAIL______________________________________________________________________________________ ******You will be sent an email of the License Commission meeting agenda, when posted to the public approximately 2-3 days before meeting. A representative of your organization must attend the meeting. ************* The application shall fully and specifically describe the proposed event. The License Commission may grant such license upon such terms and/or conditions as it may prescribe or may deny such license upon finding that issuance of such license would lead to the creation of a nuisance or would endanger the public health, safety or order. Notice of such denial shall be delivered to the applicant in writing and shall include therein a statement of reasons for such denial. Annual Fee = $50.00 (Fee is due at the time the license is picked up) Signed this_____________day of_____________, 2011. _________________________________________________ Signature of Responsible Individual or Agent of Corporation Northampton License Commission City Hall, 210 Main Street Northampton, MA 01060 (413) 587-1210 Fax: (413) 587-1264 Brad A. Shimel, Chair Mary L. Midura, Executive Secretary ========================================================== To Whom It May Concern: Enclosed please find an application for a Farm Winery License to Sell at Farmers Markets and Agricultural Events. The annual fee for the license is $50. Your organization must provide a copy of written approval from a Farmers Market/Agricultural Event at which you have been accepted as a vendor. You must submit all Massachusetts Department of Agricultural Resources (MDAR) application documentation, including the MDAR approval. Applicants must demonstrate that the products sold under this license are primarily made locally. The approved Farm Winery License is valid at one event only. An event with multiple dates/times is considered one event (example: The Saturday Northampton farmers market). Separate applications must be submitted annually for each event. The License Commission holds meetings on the first Wednesday of every month. Please have your application and all necessary documents to me at least seven (7) days prior to a scheduled meeting. Please include your email on the application. You will be sent an email of the License Commission agenda approximately 2-3 days before the meeting at which your application will be considered. A representative of your organization must attend this meeting to hear your application. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Mary L. Midura Executive Secretary Enclosures http://www.northamptonma.gov/healthdept/Farmers_Markets/ LICENSE COMMISSION FOR THE CITY OF NORTHAMPTON Extracts of Law, Rules and Regulations Governing SALE OF WINES AT FARMERS MARKETS AND AGRICULTURAL EVENTS M.G.L. Chapter 138: Section 7 (f), Section 15F and Section 19B: In a city or town wherein the granting of licenses to sell all alcoholic beverages or wines and malt beverages only is authorized under this chapter, special licenses for the sale of wines and malt beverages only, or either of them, may be issued by the local licensing authorities, to the responsible manager of any indoor or outdoor activity or enterprise. Sale to or purchases by persons under twenty-one years are punishable by a fine or imprisonment or both. Licensee may employ any person eighteen years of age or older for the direct handling and selling of alcoholic beverages. No one under eighteen may be employed for the direct handling and selling of alcoholic beverages or alcohol. (M.G.L., Chapter 138 § 34, as amended.) The licensed premises shall be subject to inspection by the Police, the Northampton License Commission and their authorized agents, the Health Department and Building Department to ascertain the manner in which the licensee conducts his/her business. No alcoholic beverage shall be sold or kept for sale on premises not specified on the license. No alcoholic beverages shall be sold to a person who is intoxicated or known to have been intoxicated within six months. (M.G.L., Chapter 138 § 69, as amended.) Owners and/or managers of all licensed liquor establishments will be responsible for all violations or infractions of the law occurring on the premises whether present or not. ALL LIQUOR LICENSES ARE SUBJECT TO SUSPENSION OR REVOCATION FOR ANY VIOLATION OF CONDITIONS OR ANY LAW OF THE COMMONWEALTH OR REGULATION OF THE NORTHAMPTON LICENSE COMMISSION. For Further information regarding alcoholic beverage laws, rules and regulations refer to: Massachusetts General Laws, Chapter 138 Farm Winery Farmers Markets/Ag Event Liquor License S2582 Act Relative to Economic Development Reorganization, Section 139-147: SECTION 142. Said chapter 138 is hereby further amended by inserting after section 15A the following section: Section 15F. Notwithstanding any other provision of chapter 138 , in any city or town wherein the granting of licenses to sell wine is authorized under this chapter, the local licensing authority may issue to an applicant authorized to operate a farmer-winery under section 19B or in any other state, a special license for the sale of wine produced by or for the licensee in sealed containers for off-premise consumption at an indoor or outdoor agricultural event. All sales of wine shall be conducted by an agent, representative, or solicitor of the licensee to customers who are at least 21 years of age. A licensee under this section may provide, without charge, samples of wine to prospective customers at an indoor or outdoor agricultural event. All samples of wine shall be served by an agent, representative, or solicitor of the licensee to individuals who are at least 21 years of age and all samples shall be consumed in the presence of such agent, representative, or solicitor of the licensee; provided, however, that no sample shall exceed one (1) ounce of wine and no more than 5 samples shall be served to an individual prospective customer. For the purposes of this section, the term “agricultural event” shall be limited to those events certified by the department of agricultural resources as set forth in this section. Northampton License Commission, 210 Main Street, Northampton, MA (413) 587-1210 City of Northampton Ordinance Chapter 120-1 and 120-4 Application for Certification of an Agricultural Event for the Sale of Wine Pursuant to M.G.L. c. 138, Section 15F Hard copy to be inserted. http://www.mass.gov/agr/markets/wineries/winery-application.htm Sign Permit Application Hard copy to be inserted http://www.northamptonma.gov/building/uploads/listWidget/9303/sign%20permit.pdf Office Use Approved Denied Date