POLICY DATABASE
San Jose, Cal., Code ch. 20.80, pt. 3.5 (current through Oct. 11, 2017)
Brief Summary
This law sets permitting, siting and operation requirements for certified farmers' markets, including separate provisions for small certified farmers' markets (which are 15 or fewer vendors and meet other restrictions). Small certified farmers' markets do not need to obtain a permit to operate. Certified farmers' markets must obtain a special use permit, and in residential zoning districts, may operate only at school sites, library sites, community center sites, or church/religious assembly sites. "All certified farmers' markets ... and each certified producer or producer of agricultural products shall accept as a form of payment ... or shall allow a legitimate and duly authorized third party to occupy space within the certified farmers' market area to operate a redemption program for, CalFresh electronic benefits transfers, as well as federal farmers' market nutrition program coupons (both through the special supplemental nutrition program for women, infants and children as well as the seniors farmers' market nutrition program)." (§ 20.80.270 (B)(4)).
Legal Strategies
Requires something, sets standards.
Reach
Community-wide
Food System Category: Distribute, Get
State: California
Jurisdiction Type: City
Jurisdiction Name: San Jose
Does the law refer to priority populations in some way?
Yes. See this language: "CalFresh electronic benefits transfers, as well as federal farmers' market nutrition program coupons (both through the special supplemental nutrition program for women, infants and children as well as the seniors farmers' market nutrition program)." § 20.80.270(B)(1).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See references to "California Health and Safety Code," and "nutrition." § 20.80.270(B)(1).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. See reference to "CalFresh electronic benefits transfers, as well as federal farmers' market nutrition program coupons (both through the special supplemental nutrition program for women, infants and children as well as the seniors farmers' market nutrition program). § 20.80.270(B)(1)." § 20.80.270.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purpose of this title is to promote and protect the public peace, health, safety, and general welfare" and to guide, control and regulate development; "protect the character and economic and social stability of agricultural, residential, commercial, industrial, and other areas in the city . .. . [and to] prevent unwarranted deterioration of the environment and to promote a balanced ecology." § 20.10.020.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 20.200.
Does the law address implementation in some way?
Yes. See generally, Chapter 20.100 (regarding permit process in general) and § 20.100.800 et seq. (regarding special use permits specifically).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any use of property contrary to the provisions of this title or any condition of a permit imposed pursuant to this title shall be, and is hereby declared to be, unlawful and a public nuisance. In any action with regard to such use, the city may apply to any court having jurisdiction for any relief as will abate or remove such use and restrain any person, firm or corporation from using any property contrary to the provisions of this title." § 20.10.050(A). See also § 20.100.350, stating that permits may be revoked, suspended or modified for failure to comply with terms and conditions.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Part 3.5 (Certified Farmers' Markets) is located in Title 20 (Zoning), Chapter 20.80 (Specific Use Regulations), Part 3.5 (Certified Farmers Markets). History: Ord. 29122.