§ 37–108. Right of first refusal for existing sidewalk operations.

(a) Any farmer or other market vendor of agricultural products who has operated one or more stalls on the sidewalk at any time within the last 2 years shall be offered a right of first refusal to continue such operations under substantially similar terms, except that:

(1) The terms shall incorporate the provisions of this chapter and any regulations promulgated pursuant to it, provided that the farmer or market vendor of agricultural products may continue to sell the type of goods sold during the 2-year period prior to April 16, 1999; and

(2) Space charges or other financial arrangements shall reflect fair market practices.

(b) Any non-food market vendor who, as of August 1, 1997, was a party to any arrangement to operate one or more stalls on the sidewalk shall have the right-of-first refusal to continue such operations under substantially similar terms, except that:

(1) The terms shall incorporate the provisions of this chapter and any regulations promulgated pursuant to it, provided that the non-food market vendor may continue to sell the type of goods being sold as of August 1, 1997; and

(2) Space charges or other financial arrangements shall reflect fair market practices.