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HomeMy WebLinkAboutOrdinance 69911 13 West Mountain Street Fayetteville, AR 72701 (47e) 575-8323 Ordinance z 6991 File Number: 2026-884 AN ORDINANCE TO EXPAND THE PHYSICAL FOOTPRINT OF THE FAYETTEVILLE FARMER'S MARKET, ALLOW ADDITIONAL MARKET DAYS AND TIMES, AND AUTHORIZE THE SALE OF ALCOHOLTC BEVERAGES FOR OFF-PREMTSES CONSUMPTION BY AMENDING $ 1t4.02 FARMERS MARKET OF THE FAYETTEVILLE CODE AND DECLARING AN EMERGENCY WHEREAS, staff recommends approval of an ordinance to amend City Code $ I 14.02 to expand the physical footprint of the Farmers' Market, add additional market dates and timeframes, and allow for the sale of alcoholic beverages for off-prem ises consum ption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Councilof the City of Fayeffeville, Arkansas hereby repeals $ 114.02 (BXl) of the Fayetteville Code and enacts a new $ 114.02 (BXl) as follows: "The four streets around the Square: East, Mountain, Block and Center shall be closed to vehicular traffic immediately before and during the operation of the Farmer's Market on Saturdays. The exterior parking spaces for these four (4) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non-vendor vehicular traffic. Mountain Street, extending eastward from the Square up to Alley 36, will be closed to vehicular traffic during the operation of the Farmers' Market; however, access to Alley 36 will remain unobstructed. The street may be used for vendors and food trucks. The Farmers' Market shall be responsible for purchasing the necessary street closure barricades as determined by the City of Fayetteville to support the expanded operation. Barricades shall meet the requirements of the Manualon Uniform Traffic Control Devices. Additionally, vehicle barriers capable of stopping a vehicle at 30 mph or similar standard as determined by the city must be in place during events by April 7,2028. Vendors using large commercial delivery vehicles, such as box trucks, shall either be located on the interior parking spaces around the Old Post Office Building or outside the designated market area to maintain storefront visibility. No vendor parking is allowed on the west side of Block Avenue, except for food trucks which shall be limited to the southernmost and northernmost parking spaces." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals $ 114.02 (C) of the Fayetteville Code and enacts a new $ 114.02 (C) as follows: "Days and Hours. The Farmers' Market may be open and operating Tuesdays and Thursdays from 6:00 a.m. until l:00 p.m. and on Saturdays from 6:00 a.m. until 2:00 p.m. from the last two Saturdays in March until Christmas. The Page 1 JCF*^< AI r sN Ordinance: 6991 File Number: 2026-884 Farmers' Market may open and operate Tuesdays from 2:30 p.m. to l0:00 p.m." Section 3: That the City Council of the City of Fayefteville, Arkansas hereby repeals $ I 14.02 (D) of the Fayetteville Code and enacts a new $ 114.02 (D) as follows: "Articles Permitted to Be Sold. The following articles may be sold at the marketplace established hereby: vegetables, honey, raw juices, molasses, fruit, and other produce grown by the vendor thereof, plants, artwork, craft work, and other processed farm products produced by the vendor thereof. All products sold at the marketplace must be produced in compliance with all applicable regulations of the State Department of Health and have all appropriate permits. Food prepared by local vendors including baked goods from local bakeries, nuts, coffee, tea, non-alcoholic beverages, alcoholic beverages for off-premises consumption, and items from approved food trucks may also be sold." Section 4: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should be effective without delay so that the Farmer's Market may promptly expand its footprint, offer more spaces for vendors and food trucks, and allow more uses such as alcoholic beverages for off-premises consumption. Therefore, to preserve our citizens' peace, health, safety and welfare, the City Council hereby determines that an emergency exists such that this amending ordinance shall become effective upon its passage and approval. PASSED and APPROVED on April 21 ,2026 Approved:Attest: Y o --a a-FAYETTEVILLE:a a a Molly Rawn,Kara P zxton,C This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $: tz.o8 o aoao Page 2 a Created: 2026-02-24 15:05:51 [EST] (Supp. No. 39) Page 1 of 3 114.02 Farmer's Market (A) Operation of the Farmers' Market on the Square. The nonprofit Rural Mountain Producers Exchange is authorized to continue to operate the Farmers' Market on the Fayetteville Square in conformance with the following conditions. This marketplace shall be located on the interior parking spaces (those parki ng spaces adjoining the Old Post Office) of the Downtown Square. Vendors shall be permitted to park their vehicles at right angles to street curbs provided that no vehicle shall be permitted to extend into the street in such a manner as to obstruct the free flow of traffic, and no vehicle shall be parked within 15 feet of any fire plug. All public sidewalks around the Square shall remain freely available to the public with the inside two -thirds width of the sidewalks free from any tables, booths or displays. Farmers' Market vendors may occupy no more than one-third (1/3/) of the width of the sidewalk directly in front of their assigned parking space. As long as pedestrian traffic is not obstructed or hindered, the corners of the Square's sidewalks and any unoccupied space around the outside third of the sidewalk can be used during the authorized hours and days of the Farmers' Market for governmental communications, free speech and acoustic music purposes. No sound amplification may be used unless approved by the city through its special event permit process. (B) Expanded Saturday Use of the Square. (1) The four streets around the Square: East, Mountain, Block and Center shall be closed to vehicular traffic immediately before and during the operation of the F armer's Market on Saturdays. The exterior parking spaces for these four (4) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non-vendor vehicular traffic. Mountain Street, extending eastward from the Square up to Alley 36, will be closed to vehicular traffic during the operation of the Farmers’ Market; however, access to Alley 36 will remain unobstructed. The street may be used for vendors and food trucks. The Farmers’ Market shall be responsible for purchasing the necessary street closure barricades as determined by the City of Fayetteville to support the expanded operation. Barricades shall meet the requirements of the Manual on Uniform Traffic Control Devices. Additionally, vehicle barriers capable of stopping a vehicle at 30 mph or similar standard as determined by the city must be in place during events by April 7, 2028. Vendors using large commercial delivery vehicles, such as box trucks, shall either be located on the interior parking spaces around the Old Post Office Building or outside the designated market area to maintain storefront visib ility. No vendor parking is allowed on the west side of Block Avenue, except for food trucks which shall be limited to the southernmost and northernmost parking spaces. (2) Pedestrian Aisles. To facilitate the flow of pedestrians between storefront and th e streets, midblock pedestrian aisles of at least 5 feet in width shall be maintained on both sides of each closed street if both sides of the street are occupied by vendors or exhibitors (as further shown on Exhibit A which shall remain attached to this ordinance for future reference, but not codified). On the west side of East Avenue, the Old Post Office access easement shall be such an aisle. On the south side of Mountain Street, the opening into the Town Center Plaza shall be used for the aisle. (3) Exhibition Spaces. A minimum of 28 feet on either side of all four (4) closed streets shall be set aside, integrated and managed by the Rural Mountain Producer Exchange management as exhibition space for nonprofit charitable corporations and free speech entities including issue campaigns and candidates. The Exchange management shall make available an online form for the reservation of exhibition space on a first-come, first-served basis. No vehicles may be parked within exhibit spaces. Unclaimed exhibition space shall be managed by the Rural Mountain Producers Exchange management and may be used by store owners for sidewalk sales, as temporary seating or by market vendors. (4) Prepared Food Vendors. Vendors serving prepared food for consumption at the Farmer s' Market shall not be located directly in front of any restaurant storefront without the written permission of the Created: 2026-02-24 15:05:51 [EST] (Supp. No. 39) Page 2 of 3 restaurant owner. Prepared food vendors must supply their own garbage container, ensure the area around their vending location remains constantly clean and litter free throughout their operation and prior to leaving and remove all of their equipment and the garbage container, the contents of which must be properly disposed of in a private (not public) dumpster to which they have legal access. (5) Animal Services Corner. The City of Fayetteville Animal Services Division may continue to occupy its normal location in the intersection of Mountain Street and East Avenue for its pet adoption program and other uses. (C) Days and Hours. The Farmers' Market may be open and operating Tuesdays and Thursdays from 6:00 a.m. until 1:00 p.m. and on Saturdays from 6:00 a.m. until 2:00 p.m. from the last two Saturdays in March until Christmas. The Farmers’ Market may open and operate Tuesdays from 2:30 p.m. to 10:00 p.m. (D) Articles Permitted to Be Sold. The following articles may be sold at the marketplace established hereby: vegetables, honey, raw juices, molasses, fruit, and other produce grown by the vendor thereof, plants, artwork, craft work, and other processed farm products produced by the vendor thereof. All products sold at the marketplace must be produced in compliance with all applicable regulations of the State Department of Health and have all appropriate permits. Food prepared by local vendors including baked goods from local bakeries, nuts, coffee, tea, non-alcoholic and alcoholic beverages, and items from approved food trucks may also be sold. (E) Sanitation. At the close of each market day, each vendor shall be required to leave the marketplace in a clean and sanitary condition, free from debris and insects. (F) Use of Public Streets for Business Prohibited; Exception. It shall be unlawful for any person to use any public street, public parking place, or public sidewalk, as a place of business except as authorized by this section; provided, any merchant whose building is adjacent to a public sidewalk may conduct business thereon if pedestrian traffic is not obstructed thereby; provided further, the City Council may approve temporary use of a public street, place, or sidewalk as a marketplace where such use is part of an event, activity, or celebration of general public interest. The City Council may impose reasonable conditio ns on such use as are necessary to safeguard the public health, safety, and welfare. (G) City Laws and Regulations Prevail Over Rural Mountain Producers Exchange Board Policies. If the Mayor determines that a policy of the Rural Mountain Producers Exchange Board concerning its operation of the Farmers' Market on city property violates the law or city regulations, such policy shall be revoked and no longer operative. The Rural Mountain Producers Exchange Board may appeal such revocation of any of its policies to the City Council. (H) Dogs on the Square During Farmers' Market. The presence of properly leashed and socialized dogs shall be allowed on the Square during Farmers' Market. Each person with as leashed dog shall immediately clean up and remove any and all feces from their dog. The available plastic bag must be immediately shown to any Fayetteville Animal Control Officer or Police Officer when requested. If a dog damages any vendor's produce or product, the owner or handler shall immediately pay the fu ll value to the vendor for such damaged produce or product. Any unprovoked dog that acts aggressively toward other dogs or provokes other dogs, and any dog that growls or acts aggressively toward any person shall immediately be removed from the entire Square area by its owner or handler and never returned until properly socialized not to be aggressive to humans, dogs or other animals. A Fayetteville Animal Control Officer or Police Officer can order any owner or handler to immediately remove a dog from the Farmers' Market area if in their opinion the dog is not properly socialized or is otherwise a safety or other type of problem. Failure to obey such lawful orders or any other violation of any provision of this subsection can be punished by a fine of up to $250.00. (I) Annual Report to City Council. The Rural Mountain Producers Exchange shall present its annual written report and answer questions about the operation and revenues received and expended in the Rural Mountain Producers Exchange to the City Council during its first meeting in March of each year. This written report shall include year-to-year changes in gross revenues and expenditures and the portion of revenue that is Created: 2026-02-24 15:05:51 [EST] (Supp. No. 39) Page 3 of 3 used for administrative overhead, and not actual sales numbers. It shall also p rovide this same information relative to its operation on any other city property such as the Botanical Gardens at the Lake Fayetteville Park. This information will not be combined but differentiated between the Square and other locations. The Rural Mountain Producers Exchange shall publish a map of the Square showing the locations of vendor and nonprofit exhibit spaces and provide for online reservation for nonprofits. (J) Vendor Fees. The Rural Mountain Producers Exchange shall not adjust the fees it ch arges to vendors except by a vote of its full membership. (K) Services That Would be of Benefit as a Complement for the Farmer's Market. Services that would be of benefit as a complement for the Farmer's Market are allowed if approved by Rural Mountain Pr oducer Exchange Board. (L) Personal Care Products. Personal care products including soaps and lotions handcrafted by local artisans may be offered for sale. (Code 1965, §13-14; Ord. No. 2040, 8-20-74; Ord. No. 2846, 8-17-82; Ord. No. 2862, 10-5-82; Ord. No. 2925, 6-7- 83; Code 1991, §114.03; Ord. No. 4045, §1, 7-15-97; Ord. No. 4248, 6-6-00; Ord. No. 5309, 4-6-10; Ord. No. 5587, 6-4-13; Ord. No. 6258, §§1, 2, 11-19-19; Ord. No. 6849, §§1, 2, 3-4-25) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-884 MEETING OF APRIL 21, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Justin Clay, Parking Manager SUBJECT: An ordinance to amend § 114.02 of the Fayetteville City Code to update the regulations governing the Farmers' Market operations. RECOMMENDATION: Staff recommends approval of an ordinance to amend City Code § 114.02 to expand the physical footprint of the Farmers' Market, add additional market dates and timeframes, and allow for the sale of alcoholic beverages. BACKGROUND: City Code § 114.02 sets out the guidelines and regulations that govern the Farmers' Market operations. The Farmers' Market has requested these revisions to support their activities and objectives. DISCUSSION: The specific requests are as follows: 1. Expand the Saturday Market footprint half a block to the east along Mountain Street. The current footprint is limited to the four streets around the Downtown Square (Block Avenue, Mountain Street, East Avenue, and Center Street). The Farmers' Market has agreed to purchase the necessary barricades for this expanded street closure and will do so within the next two years. 2. Extend the market season to begin on the second to last Saturday in March and to end on Christmas. Currently, the market season runs from April to Thanksgiving. 3. Allow for Tuesday night markets between the hours of 2:30pm and 10:00pm. 4. Allow alcoholic beverages to be sold. A markup of § 114.02 with the requested changes is attached along with a map that shows the expanded market footprint. BUDGET/STAFF IMPACT: Minimal staff impact in assisting with temporary barricades for street closures associated with the expanded footprint. ATTACHMENTS: 3. Staff Review Form, 4. 114.02_Farmers Market_Markup_Final_3.18.26_Red line, 5. Fayetteville Farmers Market Proposed Closure, 6. 114.02_Farmers Market_Markup_Final_Clean_3.18.26, 7. Additional Information - City Attorney Handout Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-884 AN ORDINANCE TO EXPAND THE PHYSICAL FOOTPRINT OF THE FAYETTEVILLE FARMER’S MARKET, ALLOW ADDITIONAL MARKET DAYS AND TIMES, AND AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION BY AMENDING § 114.02 FARMERS MARKET OF THE FAYETTEVILLE CODE AND DECLARING AN EMERGENCY WHEREAS, staff recommends approval of an ordinance to amend City Code § 114.02 to expand the physical footprint of the Farmers’ Market, add additional market dates and timeframes, and allow for the sale of alcoholic beverages for off-premises consumption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 114.02 (B)(1) of the Fayetteville Code and enacts a new § 114.02 (B)(1) as follows: “The four streets around the Square: East, Mountain, Block and Center shall be closed to vehicular traffic immediately before and during the operation of the Farmer's Market on Saturdays. The exterior parking spaces for these four (4) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non-vendor vehicular traffic. Mountain Street, extending eastward from the Square up to Alley 36, will be closed to vehicular traffic during the operation of the Farmers’ Market; however, access to Alley 36 will remain unobstructed. The street may be used for vendors and food trucks. The Farmers’ Market shall be responsible for purchasing the necessary street closure barricades as determined by the City of Fayetteville to support the expanded operation. Barricades shall meet the requirements of the Manual on Uniform Traffic Control Devices. Additionally, vehicle barriers capable of stopping a vehicle at 30 mph or similar standard as determined by the city must be in place during events by April 7, 2028. Vendors using large commercial delivery vehicles, such as box trucks, shall either be located on the interior parking spaces around the Old Post Office Building or outside the designated market area to maintain storefront visibility. No vendor parking is allowed on the west side of Block Avenue, except for food trucks which shall be limited to the southernmost and northernmost parking spaces.” Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 114.02 (C) of the Ordinance: 6991 File Number: 2026-884 Page 2 Fayetteville Code and enacts a new § 114.02 (C) as follows: “Days and Hours. The Farmers' Market may be open and operating Tuesdays and Thursdays from 6:00 a.m. until 1:00 p.m. and on Saturdays from 6:00 a.m. until 2:00 p.m. from the last two Saturdays in March until Christmas. The Farmers’ Market may open and operate Tuesdays from 2:30 p.m. to 10:00 p.m.” Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 114.02 (D) of the Fayetteville Code and enacts a new § 114.02 (D) as follows: “Articles Permitted to Be Sold. The following articles may be sold at the marketplace established hereby: vegetables, honey, raw juices, molasses, fruit, and other produce grown by the vendor thereof, plants, artwork, craft work, and other processed farm products produced by the vendor thereof. All products sold at the marketplace must be produced in compliance with all applicable regulations of the State Department of Health and have all appropriate permits. Food prepared by local vendors including baked goods from local bakeries, nuts, coffee, tea, non-alcoholic beverages, alcoholic beverages for off- premises consumption, and items from approved food trucks may also be sold.” Section 4: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should be effective without delay so that the Farmer’s Market may promptly expand its footprint, offer more spaces for vendors and food trucks, and allow more uses such as alcoholic beverages for off-premises consumption. Therefore, to preserve our citizens’ peace, health, safety and welfare, the City Council hereby determines that an emergency exists such that this amending ordinance shall become effective upon its passage and approval. City of Fayetteville Staff Review Form 2026-884 Item ID 4/7/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Justin Clay 3/18/2026 PARKING MANAGEMENT (430) Submitted By Submitted Date Division / Department Action Recommendation: An ordinance to amend § 114.02 of the Fayetteville City Code to update the regulations governing the Farmers' Market operations. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Amendment attached?No Budget Amendment $- Remaining Budget $- Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: Created: 2026-02-24 15:05:51 [EST] (Supp. No. 39) Page 1 of 3 114.02 Farmer's Market (A)Operation of the Farmers' Market on the Square. The nonprofit Rural Mountain Producers Exchange is authorized to continue to operate the Farmers' Market on the Fayetteville Square in conformance with the following conditions. This marketplace shall be located on the interior parking spaces (those parki ng spaces adjoining the Old Post Office) of the Downtown Square. Vendors shall be permitted to park their vehicles at right angles to street curbs provided that no vehicle shall be permitted to extend into the street in such a manner as to obstruct the free flow of traffic, and no vehicle shall be parked within 15 feet of any fire plug. All public sidewalks around the Square shall remain freely available to the public with the inside two -thirds width of the sidewalks free from any tables, booths or displays. Farmers' Market vendors may occupy no more than one-third ( 1/3/) of the width of the sidewalk directly in front of their assigned parking space. As long as pedestrian traffic is not obstructed or hindered, the corners of the Square's sidewalks and any unoccupied space around the outside third of the sidewalk can be used during the authorized hours and days of the Farmers' Market for governmental communications, free speech and acoustic music purposes. No sound amplification may be used unless approved by the city through its special event permit process. (B)Expanded Saturday Use of the Square. (1)The four streets around the Square: East, Mountain, Block and Center shall be closed to vehicular traffic immediately before and during the operation of the F armer's Market on Saturdays. The exterior parking spaces for these four (4) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non-vendor vehicular traffic. Mountain Street, extending eastward from the Square up to Alley 36, will be closed to vehicular traffic during the operation of the Farmers’ Market; however, access to Alley 36 will remain unobstructed. The street may be used for vendors and food trucks. The Farmers’ Market shall be responsible for purchasing the necessary street closure barricades as determined by the City of Fayetteville to support the expanded operation. Barricades shall meet the requirements of the Manual on Uniform Traffic Control Devices. Barricades must be in place no later thanAdditionally, vehicle barriers capable of stopping a vehicle at 30 mph or similar standard as determined by the city must be in place during events by April 7, 2028. Vendors using large commercial delivery vehicles, such as box trucks, shall either be located on the interior parking spaces around the Old Post Office Building or outside the designated market area to maintain storefront visibility. No vendor parking is allowed on the west side of Block Avenue, except for food trucks which shall be limited to the southernmost and northernmost parking spaces. (2)Pedestrian Aisles. To facilitate the flow of pedestrians between storefront and th e streets, midblock pedestrian aisles of at least 5 feet in width shall be maintained on both saides of each closed street if both sides of the street are occupied by vendors or exhibitors (as further shown on Exhibit A which shall remain attached to this ordinance for future reference, but not codified). On the west side of East Avenue, the Old Post Office access easement shall be such an aisle. On the south side of Mountain Street, the opening into the Town Center Plaza shall be used for the aisle. (3)Exhibition Spaces. A minimum of 28 feet on either side of all four (4) closed streets shall be set aside, integrated and managed by the Rural Mountain Producer Exchange management as exhibition space for nonprofit charitable corporations and free speech entities including issue campaigns and candidates. The Exchange management shall make available an online form for the reservation of exhibition space on a first-come, first-served basis. No vehicles may be parked within exhibit spaces. Unclaimed exhibition space shall be managed by the Rural Mountain Producers Exchange management and may be used by store owners for sidewalk sales, as temporary seating or by market vendors. (4)Prepared Food Vendors. Vendors serving prepared food for consumption at the Farmer s' Market shall not be located directly in front of any restaurant storefront without the written permission of the Created: 2026-02-24 15:05:51 [EST] (Supp. No. 39) Page 2 of 3 restaurant owner. Prepared food vendors must supply their own garbage container, ensure the area around their vending location remains constantly clean and litter free throughout their operation and prior to leaving and remove all of their equipment and the garbage container, the contents of which must be properly disposed of in a private (not public) dumpster to which they have legal access. (5)Animal Services Corner. The City of Fayetteville Animal Services Division may continue to occupy its normal location in the intersection of Mountain Street and East Avenue for its pet adoption program and other uses. (C)Days and Hours. The Farmers' Market may be open and operating Tuesdays and Thursdays from 6:00 a.m. until 1:00 p.m. and on Saturdays from 6:00 a.m. until 2:00 p.m. from April the last two Saturdays in March until Thanksgiving Christmas. The Farmers’ Market may open and operate Tuesdays from 2:30 p.m. to 10:00 p.m. (D)Articles Permitted to Be Sold. The following articles may be sold at the marketplace established hereby: vegetables, honey, raw juices, molasses, fruit, and other produce grown by the vendor thereof, plants, art work, craft work, and other processed farm products produced by the vendor thereof. All products sold at the marketplace must be produced in compliance with all applicable regulations of the State Department of Health and have all appropriate permits. Food prepared by local vendors including baked goods from local bakeries, nuts, coffee, tea, non-alcoholic and alcoholic beverages, and items from approved food trucks may also be sold. (E)Sanitation. At the close of each market day, each vendor shall be required to leave the marketplace in a clean and sanitary condition, free from debris and insects. (F)Use of Public Streets for Business Prohibited; Exception. It shall be unlawful for any person to use any public street, public parking place, or public sidewalk, as a place of business except as authorized by this section; provided, any merchant whose building is adjacent to a public sidewalk may conduct business thereon if pedestrian traffic is not obstructed thereby; provided further, the City Council may approve temporary use of a public street, place, or sidewalk as a marketplace where such use is part of an event, activity, or celebration of general public interest. The City Council may impose reasonable conditio ns on such use as are necessary to safeguard the public health, safety, and welfare. (G)City Laws and Regulations Prevail Over Rural Mountain Producers Exchange Board Policies. If the Mayor determines that a policy of the Rural Mountain Producers Exchange Board concerning its operation of the Farmers' Market on city property violates the law or city regulations, such policy shall be revoked and no longer operative. The Rural Mountain Producers Exchange Board may appeal such revocation of any of its policies to the City Council. (H)Dogs on the Square During Farmers' Market. The presence of properly leashed and socialized dogs shall be allowed on the Square during Farmers' Market. Each person with as leashed dog shall immediately clean up and remove any and all feces from their dog. The available plastic bag must be immediately shown to any Fayetteville Animal Control Officer or Police Officer when requested. If a dog damages any vendor's produce or product, the owner or handler shall immediately pay the fu ll value to the vendor for such damaged produce or product. Any unprovoked dog that acts aggressively toward other dogs or provokes other dogs, and any dog that growls or acts aggressively toward any person shall immediately be removed from the entire Square area by its owner or handler and never returned until properly socialized not to be aggressive to humans, dogs or other animals. A Fayetteville Animal Control Officer or Police Officer can order any owner or handler to immediately remove a dog from the Farmers' Market area if in their opinion the dog is not properly socialized or is otherwise a safety or other type of problem. Failure to obey such lawful orders or any other violation of any provision of this subsection can be punished by a fine of up to $250.00. (I)Annual Report to City Council. The Rural Mountain Producers Exchange shall present its annual written report and answer questions about the operation and revenues received and expended in the Rural Mountain Producers Exchange to the City Council during its first meeting in March of each year. This written report Created: 2026-02-24 15:05:51 [EST] (Supp. No. 39) Page 3 of 3 shall include year-to-year changes in gross revenues and expenditures and the portion of revenue that is used for administrative overhead, and not actual sales numbers. It shall also p rovide this same information relative to its operation on any other city property such as the Botanical Gardens at the Lake Fayetteville Park. This information will not be combined, but differentiated between the Square and other locations. The Rural Mountain Producers Exchange shall publish a map of the Square showing the locations of vendor and nonprofit exhibit spaces and provide for online reservation for nonprofits. (J) Vendor Fees. The Rural Mountain Producers Exchange shall not adjust the fees it ch arges to vendors except by a vote of its full membership. (K) Services That Would be of Benefit as a Complement for the Farmer's Market. Services that would be of benefit as a complement for the Farmer's Market are allowed if approved by Rural Mountain Pr oducer Exchange Board. (L) Personal Care Products. Personal care products including soaps and lotions handcrafted by local artisans may be offered for sale. (Code 1965, §13-14; Ord. No. 2040, 8-20-74; Ord. No. 2846, 8-17-82; Ord. No. 2862, 10-5-82; Ord. No. 2925, 6-7- 83; Code 1991, §114.03; Ord. No. 4045, §1, 7-15-97; Ord. No. 4248, 6-6-00; Ord. No. 5309, 4-6-10; Ord. No. 5587, 6-4-13; Ord. No. 6258, §§1, 2, 11-19-19; Ord. No. 6849, §§1, 2, 3-4-25) 0 Proposed Market Closure for Expanded Footprint Curront Closuro p Proposod Now Closuro TrAc Rodiroction Additional Information Received Date Received: MM/DD/YYYY 04/21/2026 Time: 00:00 (AM/PM) 5:30 PM From: Name & Title Office of the City Attorney To: Name & Title City Council Agenda Meeting Date: MM/DD/YYYY 04/21/2026 Civic Clerk Number: Ex. 2025-994 2026-884 Forwarded to City Attorney’s Office and Department Head N/A d - z a 7j, -ra,,, i r r, i a '-,: ZI flC(I T,e r s,1jo c ,u) Li. .i i10to,r ifI-c0i' jtj..L A c 4 g rudiucgd b " t�e '. tndor thereo f-, AL �roducks Sold all thQ "r.arketRiacc must be produced in comollance viirh ali anglicab:e reg-ula6)ns of the State Degartment of'Healr% and have all aL,proipriate- permits. Food prepared by 1,)ca_ vendors including baked gqx)ds from local bakeries. nuts. coffee. tea, non-alco'colic beverages. alcoLoLlc beveraLe for off - Premise consumption and ltznms from approved food trucks ma,, also be solid. Alcoholic beverages for on -premise consumption ma, be sold. but are limited to one ,, endor per event.