§ 8. Commission—Created; membership; appointment, term, qualifications and compensation of members; quorum; officers; vacancies; rules and regulations; limitations on use of space in markets; authority of general manager.

There is hereby created the "Davidson County Farmers' Market Commission." The county judge of Davidson County shall be an ex officio member of said commission. The first commission shall be composed of five qualified and competent persons, to-wit: J. D. Peay, Henry Neuhoff, W. A. Strasser, Jack Hitt, and C. R. Bramwell, who shall serve until the next meeting of the quarterly county court, at which time there shall be elected one commissioner for a term of one year, one commissioner for a term of two years, one commissioner for a term of three years, one commissioner for a term of four years, and one commissioner for a term of five years. As the respective terms of office of said commissioners expire, there shall be elected annually one commissioner for a term of five years.

The membership of said commission is hereby increased from five (5) members to seven (7) members. Not less than two (2) members of said commission shall be licensed wholesale fresh fruit and vegetable distributors, or shall be officers of a corporation which is so licensed. The two (2) additional members of said commission shall be elected by the Quarterly County Court of Davidson County at its July term, 1959, and shall serve for the same term as the other members of said commission.

The members of said commission shall possess the following qualifications: they shall be citizens of the United States of America, citizens of Davidson County, Tennessee, and shall be at least thirty years of age, and shall have been freeholders and taxpayers of Davidson County for at least three years.

Three commissioners shall constitute a quorum for the transaction of business; provided, however, no action shall be taken by the commission except by the concurrence of a majority of the entire commission.

The commissioners shall receive as compensation a per diem of five dollars ($5.00) per day for each meeting of the Commission, but shall be paid for not more than twelve meetings in any one year.

The commission, upon its election, shall organize by the election of a chairman, vice chairman, and a secretary from among the members of the commission by a majority vote of all the members thereof, and a new chairman and new vice chairman, and a new secretary, shall thereafter be elected in like manner by the commission each year.

All minutes of the commission shall be recorded in a well-bound book, and shall be open for inspection.

All vacancies in the commission shall be filled by the county court for the unexpired term.

The commission shall have authority to adopt rules and regulations for its government and for the management and operation of the Davidson County Public Market or marketing facilities not inconsistent with the provisions of this Act.

Said rules and regulations, upon adoption by the commission, shall be submitted to the county attorney of Davidson County for approval, as to form and legality and, upon this approval, a copy of said rules and regulations shall be filed with the county clerk of Davidson County and a copy shall be kept in a well-bound book at the office of the commission and copies shall be posted on the market premises in at least three prominent places. The commission shall have authority to revise such rules and regulations at any time and these revisions shall be approved, filed and posted in the prescribed manner.

The commissioners shall be ineligible for appointment as manager, or to hold any other position created by the commission.

No person, firm or corporation shall be permitted to use or occupy any space or facility under the jurisdiction of said commission except: (1) farmers as herein defined, (2) transient produce dealers as herein defined and (3) licensed produce dealers as herein defined.

The word "farmer," as used in this Act, is defined to be an individual or individuals who are primarily engaged in producing products of the soil, dairy farming, the production of poultry or live stock and the principal part of whose income is derived from any one or more of the foregoing operations. The burden of establishing that he is a bona fide farmer within the foregoing definition shall be upon the person seeking to use such marketing facilities as a farmer. The general manager shall have authority to determine whether or not any applicant is a bona fide farmer, subject to review by the commission.

The term "transient produce dealer," as used in this Act, shall mean every person or persons who engages in the sale or distribution of or who exposes or offers for sale, distributes or otherwise deals in any fresh fruit, vegetable or produce as a temporary business and who holds a license issued by the county court clerk of Davidson County under item 65 (b) of section 67-4203 of Tennessee Code Annotated [Repealed]* and a license as a transient and temporary merchant issued by the City of Nashville.

* Editor's note— The relevant Code sections are now found at T.C.A. 67-4-101 et seq.

The term "licensed produce dealer," as used in this Act, is defined to be an individual, firm or corporation duly licensed to buy, sell, store, handle or transport agricultural products in this state and who holds a license issued by the county court clerk of Davidson County, Tennessee, under item 84 or item 112 of section 67-4203 of Tennessee Code Annotated [Repealed]*, or under both of said items, if applicable, and who holds a license as a produce dealer issued by the City of Nashville, Tennessee; and who regularly pays state, county and city merchants ad valorem taxes.

* Editor's note— The relevant Code sections are now found at T.C.A. 67-4-101 et seq.

The said general manager shall have full authority to exercise control over the type, weight and measure, designation, labeling and quality grade of commodities brought on the market consistent with the standards of the United States Department of Agriculture, the State Department of Agriculture, the State Department of Public Health, the Davidson County Department of Public Health, and the rules of the commission. This authority of the general manager shall include the right to condemn and dispose of substandard commodities, without personal liability to him or the commission and without liability to Davidson County, Tennessee.

The commission shall be authorized and empowered to construct, expand, remodel and extend marketing facilities.

The term, "marketing facilities," as used in this Act, shall include marketing space for farmers; wholesale stores for fruit, vegetable, poultry, egg, dry grocery, and meat dealers; service stations, barber shops, restaurants, banks and space for telephone and telegraph service; and other like business enterprises deemed essential to the operation of the market by the Davidson County Farmers' Market Commission.

The quarterly county court shall be authorized to borrow money in anticipation of the revenues from the market for the purpose of constructing, expanding, remodeling and extending such market facilities.

The commission shall be authorized to execute leases of unimproved real estate under its jurisdiction to licensed produce dealers for the purpose of constructing facilities. No such lease shall be executed for a period of time less than five (5) years. Such leases may be pledged as security for loans for the construction, renovation, improvement and extension of buildings or for improvements or equipment, with the approval of the finance committee of the Quarterly County Court of Davidson County, Tennessee.

(Pr. Acts 1959, ch. 305, § 3.)

2. Editors' note— Appointment, term of office and filling of vacancies for the Farmers' Market Board is now controlled by section 11.701 of the Metropolitan Charter.