AN ORDINANCE related to farmers markets; stating the Seattle City Council's findings regarding the economic impacts of farmers markets; adopting and authorizing the establishment of a program regarding farmers markets; amending the current Department of Parks and Recreation (Parks) fee schedule (Attachment 1 to Ordinance No. 122850) and the current Seattle Department of Transportation (SDOT) fee schedule (Exhibit A to Ordinance No. 122295) to clarify the appropriate application of certain Parks and SDOT permit fees to farmers markets participating in the program; amending SMC 11.26.260C in order to exempt farmers markets from service parking permits; amending SMC 22.602, Schedule B, Table 22.602.045B, in order to establish certain Seattle Fire Department (SFD) permit codes and fees for farmers markets participating in the program; amending SMC 3.14.620 to clarify that the Director of the Office of Economic Development (OED) has authority to adopt rules; authorizing and directing the OED to adopt rules implementing this ordinance; and ratifying and confirming certain prior acts.

WHEREAS, farmers markets are an important contributor to Seattle's economic and cultural life; and

WHEREAS, due to widespread redevelopment of property in Seattle's neighborhood business districts, existing farmers markets are experiencing difficulty staging markets on privately owned sites and market sponsors have asked the City to assist them in securing more stable locations on public property; and

WHEREAS, the City owns and operates various real properties and manages public rights of way, including property under the jurisdiction of the Department of Parks and Recreation (Parks), the Seattle Department of Transportation (SDOT), and the Fleets and Facilities Department (FFD); and

WHEREAS Parks, SDOT, the Seattle Fire Department (SFD), and the Office of Economic Development (OED) have adopted administrative rules implementing a program for farmers markets, which clarify how their respective fee schedules are applied to farmers markets participating in the program; and

WHEREAS, several farmers markets have applied for and been granted permits to use property and or public rights of way under Parks' and SDOT's jurisdictions to stage and support those farmers markets; and

WHEREAS, SDOT's and Parks' current fee schedules do not include specific references to particular permits for farmers markets located on City-owned property within those departments' jurisdictions; and

WHEREAS, SFD is authorized to charge a variety of permit fees, including those authorized by SMC Section 22.602 and its attached schedules, which do not include a specific reference to particular permits for farmers markets; and

WHEREAS, the City wishes to adopt and authorize the establishment of the program; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council makes the following legislative findings regarding the economic impacts of farmers markets on Seattle.

1. The City has a substantial interest in identifying stable locations for farmers markets because they are extremely popular in the neighborhoods and provide valuable public benefits. The markets provide fresh regionally produced farm products directly to consumers who shop in neighborhood business districts. Other public benefits brought by these simple, popular markets include: improved access to high quality fresh fruits and vegetables; increased use of adjacent City-owned property or rights-of-way for desirable purposes such as pedestrian and recreational uses; the provision of a regular gathering place for people to interact in their neighborhood business districts; increased commerce for adjacent businesses due to greater pedestrian traffic on market days; and preservation of local farm land from redevelopment. Regional small farmers report that neighborhood farmers markets have become a vitally important source of revenue that enables them to keep their farms in production.

2. City-owned properties or rights-of-way located in or near neighborhood business districts are often the most stable sites for farmers markets because they are not subject to redevelopment pressures. Examples of these types of properties include temporary use of Parks properties, SDOT street closures, and properties controlled by FFD and they are the most suitable publicly-owned sites upon which to locate regularly recurring farmers markets.

3. A major barrier to using City-owned property or rights-of-way for such farmers markets has been the manner in which certain fees have been computed for regularly recurring farmers markets. Regularly recurring farmers markets use public property or rights-of-way in substantially the same manner each time, so certain fees should, as provided below, be calculated on an annual rather than a weekly or other "per use" basis.

Section 2. The City hereby adopts and authorizes the establishment of a Farmers Market Program which was first operated as the Farmers Market Pilot Program described in Multi-Departmental Administrative Rule (MDAR) 09-01 (Attachment A). Parks, SDOT, SFD, and OED are authorized to continue implementing the farmers market program described in MDAR 09-01, including the authority to interpret and apply the applicable fee schedules and to waive or assess certain fees in the manner described in the rule. OED shall have primary responsibility for administering the program. The Director of OED is authorized and directed to adopt, and if necessary amend, additional administrative rules implementing the program. Farmers markets that wish to participate in the program shall submit applications to OED on forms developed for that purpose. OED shall process the applications, determine initial eligibility, coordinate the issuance of necessary permits, and periodically verify participating farmers markets' ongoing eligibility to participate in the program. Participating farmers markets shall promptly notify OED of any material changes in their operations that might affect their eligibility to participate in the program.

Section 3. Parks Permits. The Parks 2009-2010 Fee Schedule, Attachment 1 to Ordinance No. 122850, is amended as follows:

* * *

PERMITS

USE PERMITS

Use Permits authorize non-department groups to utilize Department of Parks and Recreation property for special events (i.e., runs, boating, concerts, day camps, community festivals, rallies, commercials, etc.).

* General Provisions

NOTE: Insurance and/or a performance bond may be required except as limited by the First Amendment for political or religious activities as provided by SMC 18.12.045 or by applicable rules. An application fee will be collected upon formal written application. This fee is non-refundable, except when the Department denies a request.

Minimum, per surface (advertising banner, canopy/tent wall, sign, vehicle surface, inflatables, other) per day for posting commercial signage in a park in conjunction with a special event. (Maximum fees are subject to negotiations.)

Note: Farmers Markets Program.

The current 2009-2010 fee schedule shall be applied to regularly recurring farmers markets, as that term is defined in applicable rules, as follows:

An annual Standard Application Fee is required at a fee of $75;

An hourly use fee of $10, with a five hour minimum, shall apply;

The fees described above as a "booth fee" and as "10% of gross income" shall not apply;

If Parks reasonably determines that a Parks event staff person is required to be present in order to monitor the use, the standard fee of $20 per hour shall apply; and

Other Parks fees such as for electrical utility hookups shall apply as provided in the table above.

Section 4. SDOT Street Use Permits. SDOT's Fee Schedule, Exhibit A to Ordinance No. 122295, is amended as follows:

Exhibit A: Street Use Permit Fee Schedule, Effective January 1, 2007

Activities that use the public Rights-of-Way and that block mobility

Section 5. SDOT Traffic Service Parking Permits. Section 11.26.260 of the Seattle Municipal Code, which section was last amended by Ordinance 120994, is amended as follows:

11.26.260 Service parking permit Fee Time period

* * *

C. As to on-street service parking permits, those nonprofit, tax-exempt organizations currently recognized by the United States of America as exempt from federal taxation pursuant to Section 501(c) (1) or (3) of the Internal Revenue Code of 1954, 26 U.S.C., Section 501, as now hereafter amended, deemed by the Traffic Engineer to have a need to occupy street space while performing an on-street service function, shall be exempt from fee payment for on-street service parking permits. Also exempt from fee payment are the Seattle Department of Transportation street and traffic maintenance crews. The Traffic Engineer may also exempt from fee payment a regular recurring Farmers Market as defined by the MultiDepartmental Administrative Rule 09-01 or its successor Rule.

Section 6. Fire Department Permits. SMC Chapter 22.602.045, Schedule B, is amended as follows:

SMC 22.602.045 Fees.

B . The fees for the following special event permits are established in Schedule B. See Table 22.602.045B.

Schedule B

Table 22.602.045 B

Special Event Permits

Time Charge. When an inspection or permit application review for a Schedule B permit is requested or is required for Seattle Fire Code compliance to be performed outside regular business hours (Monday through Friday, 8:00 AM to 4:30 PM), a time charge will be added to the Schedule B permit cost. The time charge, when applicable, will be equal to the actual labor cost, including applicable administrative overhead costs and other services.

Late Fee Applied. Schedule B permit applications received by the Seattle Fire Department less than 10 business days prior to the event for which they apply shall be assessed a late fee in addition to the permit fee and any applicable time charge. The late fee shall be equal to 50 percent of the original permit fee.

****

Section 7. SMC 3.14.620 is amended as follows:

SMC 3.14.620 Director -Powers and authority.

Under the direction of the Mayor, the duties and powers of the Director of the Office of Economic Development shall be as follows:

A. To appoint, remove, assign, supervise, and control all officers and employees of the Office of Economic Development in accordance with applicable civil service laws and rules;

B. To manage the preparation of the annual budget of the Office of Economic Development, under the guidance of the Director of Finance; authorize appropriate expenditures and carry out the adopted budget; develop and manage programs; and undertake authorized activities;

C. To make, modify, alter, and extend loans under the City's business loan programs consistent with the laws and ordinances relating to each program; to accept, release, subordinate, and foreclose on security interests in real and personal property; and to sign and deliver documents and to take other actions as shall be necessary or appropriate for such purposes;

D. To develop programs and seek additional funding sources for economic development;

E. To accept unrestricted donations of funds from identified donors in an amount up to One Thousand Dollars ($1,000);

F. To enter into and enforce contracts (including agreements for expert and consultant services) subject to applicable purchasing and bidding ordinances; and execute interdepartmental agreements, and, as authorized by ordinance, intergovernmental agreements;

G. To serve as the City's representative to boards, commissions, and organizations engaged in economic development activities;

H. To serve as the City's representative to the Seattle Small Business Lenders Association;

I. In connection with any project or program now or hereafter coming within the responsibility of the Office of Economic Development but previously vested by ordinance in another City department, to exercise all authority vested in the director of such other department with respect to such project or program, unless otherwise provided by ordinance;

J. To administer all ordinances pertaining to the Office of Economic Development; and

K. To exercise such other and further powers and duties as shall be prescribed by ordinance.; and

L. To adopt, amend, and rescind administrative rules, as provided in the City's Administrative Code, in order to implement the Director's powers and authority.

Section 8. Any act consistent with the authority of this ordinance taken prior to its effective date is hereby ratified and confirmed.

Section 9. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2009, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2009.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2009.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2009.

____________________________________

City Clerk

(Seal)

Attachment A: Multi-Departmental Administrative Rules MDAR 09-01

Gary Keese:gek

OED Farmers Market ORD.doc

July 14, 2009

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