2016.07.25 Council Meeting Item 05

The Cumberland Farmer’s Market Association (CFMA) rents the Falmouth Legion’s parking lot to hold the weekly Wednesday Farmers Market. This application is for one of the participating vendors.

This application requires a public hearing prior to Town Council action. The Town Council will be asked to schedule a public hearing. Staff typically schedules the public hearing for victualer applications prior to the initial meeting with the Council however in this situation, there was a miscommunication amongst staff regarding the status of the application and when it would be heard by the Town Council. 

The applicant, Eugene Weir, has been convicted of a felony crime – sexual assault of children. A copy of the application is attached. A copy of a police report that describes the conviction and restrictions is also attached. 

Chapter 8, Article IV of the Code Of Ordinances explains Food Service Establishments and municipal licensing requirements. A food service establishment definition according to the code: "Shall mean any permanent, temporary or mobile establishment where food or drink is prepared, served, kept or stored for consumption on or off the premises within the town, including but not limited to such establishments as a restaurant, caterer, buffet, lunchroom, grill room, lunch counter, tavern, dining room of a hotel or motel, coffee shop, cafeteria, sandwich shop, soda fountain, in plant feeding establishments, feeding establishments in private clubs, church feeding facilities, school feeding facilities, institutional feeding establishments, tearooms, theater refreshments stand, grocery store, meat market, retail bakery store, dairy produce store, delicatessen or any establishment where food is prepared, served, kept or stored for retail sale. Section 8-153 addresses licensing requirements: "It shall be unlawful for any person to operate a food service establishment within the town who does not possess a license granted by the Town Council and issued by the Town Clerk."