Featured Inquiry (10/19/09)

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Question:

Can the city require that vendors at the local farmers' market who prepare and sell hot food obtain a local business license, or are those vendors covered by the statutory exemption that applies to people who market their produce directly?

Answer:

RCW 36.71.090 exempts farmers who sell their produce (fruits, vegetables, berries, eggs or other farm produce) directly to consumers from the requirement of obtaining a local business license. That exemption would not apply to food vendors with stalls at a farmers' market who cook and sell meats, or other products grown or produced by other people. Just because a person has a food cart or stand at a farmers' market does not automatically exempt them from the requirement of obtaining a local license. The statute should be read carefully to see if it applies in a particular situation.