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STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6.A.ii Paul Bengtson January 24, 2011 Second Reading of Ordinance Number 01-11 City Code Amendment to change the definition of the term Special Event to include Open Air Markets, and to exempt those selling farm products they have grown themselves from Transient Merchant licensing. The Planning and Zoning Board initiated a discussion of Transient Merchants, Open Air Markets, and Community Garden in order to clarify the requirements of the zoning ordinance. After a number of months discussing the issue, staff drafted some ordinance language and the Planning and Zoning Board reviewed the language and took action to recommend approval of the language to the City Council. As a result, the City Code sections regarding Special Events and Transient Merchants must be updated. OPEN AIR MARKETS The new Zoning Ordinance language defines the term Open Air Market, and makes the use allowable by administrative permit in all zoning districts, with the use specifically designated as `accessory to an institutional use' in the rural and residential zoning districts. The administrative permit required to approve this use will be the Special Event Permit included in Chapter 615 of the City Code. As such, staff has forwarded language revising the definition of a Special Event to replace the term `flea market' with the term 'open air market'. TRANSIENT MERCHANTS State law prohibits the city from requiring a license to sell farm products that have been grown by the seller. As such, staff has included this exception to the Transient Merchant licensing requirements. RECOMMENDATION Staff recommends waiving the full reading and approving the second reading of Ordinance Number 01-11, amending the City Code to change the definition of the term Special Event and to exempt farm produce sellers from the Transient Merchant license. ATTACHMENTS 1. Ordinance Number 01-11 54