§ 5.04.010. Flea market operator license provisions

Latest version.
  • A. Operator permit application and processing.

    1. First time application and renewal for an operator permit shall be made on a form provided by the permit official.

    2. A plot plan of the site area shall accompany the application and shall show the location and dimension of the following:

    a. All proposed vendor stalls/spaces, including food vendors;

    b. Off-street parking;

    c. Sanitary portables or fixed sanitary facilities;

    d. Existing or proposed structures and uses;

    e. Pedestrian walkways, fire accessways and required setback areas;

    f. Storage areas.

    3. Within thirty days of receipt of the application, the permit official shall issue the operator permit if all applicable provisions have been met. If all applicable provisions have not been satisfied, then the application shall be denied and the permit shall not be issued, until the applicant complies with all applicable regulations.

    4. A new operator's permit shall be required if the outdoor flea market is expanded or changed in any capacity or with any change in owner or operator of the outdoor flea market.

    5. The established annual fee for an operator permit shall be paid and shall be nonrefundable.

    6. The operator shall cooperate and permit the city to conduct inspections of the premises at reasonable times to ensure compliance with this chapter.

    B. Permit denial, suspension and revocation.

    1. The city may suspend or revoke any permit granted hereunder by serving the permittee with written notice by hand-delivery or certified mail, if the permittee is found to be in violation of the code or found to pose a significant health risk to the public.

    2. The permit official shall issue the written notice of denial, suspension or revocation of a permit to the permittee and shall contain, as a minimum, the following:

    a. State the name and address of the location of the flea market and name of the permit holder;

    b. State the permit is denied, suspended or revoked;

    c. Indicate the reason(s) for the denial, suspension or revocation;

    d. Order all or a portion of the flea market to be closed and not accessible to the public;

    e. A statement prohibiting the further use and operation of the flea market;

    f. Recommended corrective measures to bring the structure or flea market into compliance with the requirements of this chapter and any other applicable provision of the code;

    g. Establish a reasonable time limit for the completion of the corrective measures;

    h. State the permit, if suspended, is subject to revocation for failure to complete the corrective measures within the allotted time.

    3. The permit official may post a sign at any location where a permit has been suspended or revoked pursuant to this chapter alerting the public that the location no longer has a valid permit.

    C. Enforcement—Penalty.

    1. Civil and criminal penalties. The city manager and his designees, including but not limited to the code enforcement division, shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person violating any provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is declared to be a nuisance.

    2. Criminal prosecution. Any person violating any provision of this chapter shall, upon conviction, be fined a sum not exceeding two thousand dollars. Each day that a provision of this chapter is violated shall constitute a separate offense.

    3. Civil remedies. Nothing in this chapter shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including, but not limited to the following:

    a. Injunctive relief to prevent specific conduct that violates this chapter or to require specific conduct that is necessary for compliance with this chapter; and

    b. Any other remedy available by law.

(Ord. No. 17691, § 1, 12-6-2011, eff. 2-29-2012)