HomeMy WebLinkAboutORDINANCES-2016-126-O-1610/14/2016
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AN ORDINANCE
Amending Title 3, Chapter 22 to Revise Farmers Market Regulations
to Permit Farmer Cooperative and non -Evanston bread makers to sell
products at the Evanston Farmer's Market
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Title 3, Chapter 22 "Farmers' Market" of the Evanston City
Code of 2012 ("City Code") is hereby amended to read as follows:
3-22-1. - DEFINITIONS.
NOT- FOR -PROFIT Any organization defined under applicable Illinois and Federal
ORGANIZATIONS. Tax Code provisions as a not -for profit corporation.
A designated space within the City of Evanston in which at
regularly prescribed intervals, approved vendors may sell
FARMERS' agricultural products and other goods directly to the public in
MARKET. accordance with this Chapter.
Exhibits featuring food preparation by local chefs and
EDUCATIONAL nutritional educators, who reside --in or have a place of
DEMONSTRATION. business in Evanston and non -for -profit organizations.
An artist or artisan with a residence, studio, or place of
HOME GROWN business in Evanston or who works as an artist or artisan in
ARTIST. Evanston.
A product, practice, circumstance, or event that poses a
IMMINENT significant threat or danger of injury to the health and safety of
HEALTH HAZARD. persons without immediate correction or cessation.
Of a Midwest state as defined by the United States Census
Bureau; specifically, the States of Illinois, Indiana, Iowa,
Kansas, Michigan, Missouri, Nebraska, North Dakota, Ohio,
LOCAL/LOCALLY. South Dakota and Wisconsin.
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The Director of the Parks, Recreation, and Community
Services Department, or his/her designee to organize and
MARKET MASTER. regulate the farmers' markets.
An approved individual, farm, business, or organization selling
or offering for sale at Evanston farmers' markets items
VENDOR. deemed saleable under this Chapter.
COOPERATIVE A farmer that shares land, or farm as neighbors, or farm
FARMER together in a community or a region.
A change in the physical state or form of the product (such as
milling wheat into flour or making strawberries into jam) or the
production of a product in a manner that enhances its value,
VALUE-ADDED as demonstrated through a business plan (such as organically
PRODUCT produced products).
A person who produces or packages non -potentially
hazardous food in a kitchen of that person's primary domestic
COTTAGE FOOD residence for direct sale by the owner or a family member,
OPERATION stored in the residence where the food is made.
3-22-2. - SUPERVISION AND CONTROL OF MARKET.
(A) This Chapter applies to all farmers' markets within the City of Evanston (the
"City") at which vendors need City approval to operate.
(B) The City, at all times, shall have the right to relocate or discontinue a market, to
specify the days and times of its use, to regulate what goods may be sold, and to
stipulate which vendors may sell within the market.
(C) The Market Master or his/her designee shall review the application of any
vendor wishing to offer items for sale at the markets, issue permits and collect fees
therefore, assign spaces to vendors, maintain a system of bookkeeping for the
markets, maintain the markets' cleanliness, and enforce the market regulations and
issue penalties as necessary.
3-22-3. - YEARLY AND DAILY SPACE RENTAL FEES.
(A) Rental of space required. No vendor shall sell or offer for sale any product
without having first applied for a space at the market and paid the applicable fees.
Fees shall be paid in advance of space occupancy.
(B) Yearly rentals. An approved application and payment of the yearly space rental
fee shall entitle a vendor to its designated market space for one (1) market season,
starting the first day of the market season, unless its vending space is closed or the
space is revoked for a violation of this Chapter or other law.
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(C) Daily rentals. A vendor may obtain a daily permit, entitling the vendor to occupy
space in the market for one (1) day, and sell goods in accordance with all the
provisions of this Chapter, unless its vending space is closed or the space is
revoked for a violation of this Chapter or other law.
(D) Amount of fees. The applicable yearly or daily space rental fees shall be
determined annually by the City of Evanston and collected by the Market Master.
3-22-4. - APPLICATION REQUIREMENTS.
(A) An applicant for a vending space at a farmers' market shall submit to the Market
Master, along with the required fee, an application containing all of the following
information:
1. Name and address of applicant;
2. Products for which vending space is sought;
3. Affidavit certifying that articles offered for sale are locally grown, cultivated,
created, produced or prepared;
4. Affidavit certifying that articles offered for sale are: (a) of the vendor's own
growing, cultivation, creation, production, or preparation; or (b) from a
cooperative farmer, cultivator, creator, producer, or preparer and that the
applying vendor is authorized sell such products, with full disclosure to the
consumer of their source;
5. For farmer -vendors, a description of farming practices and copies of any
certifications (showing certifying body and date of certification);
6. Evidence that the vendor's real estate and property taxes and Illinois sales
taxes have been paid during the previous market season;
7. State sales tax permit number. Vendors must hold a current Illinois sales tax
license in order to qualify for a space at a farmers' market; and
8. Proof of insurance in an amount of $1,000,000 coverage and form approved
by the City. Under no circumstances shall the City insure or indemnify any
vendor, nor shall the City be liable in contribution for any damages for which a
vendor is deemed liable.
(B) Applications shall be approved in the sole and exclusive discretion of the Market
Master or his/her designee, but under no circumstances shall an application be
approved unless all of the information and documentation required by Subsection
(A) is provided.
3-22-5. - SPACE ALLOCATION.
Once a vendor's application is approved and its fee paid, the vendor shall be assigned
a vending space. Assignment of spaces is within the Market Master or his/her
designee exclusive discretion, and shall be generally, but not necessarily, in
accordance with the order in which applications are submitted and fees are paid.
3-22-6. - ADDITIONAL REQUIREMENTS FOR VENDORS.
(A) No vendor shall sell at a farmers' market within the City unless it:
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1. Resides or operates locally; and
2. Sells items:
(a) Of the vendor's own growing, cultivation, creation, production, or
preparation; or
(b) Originating from cooperative farmer, cultivator, creator, producer, or
preparer that gives its explicit written permission to the vendor to sell its
items on its behalf.
(B) Each vendor shall post within its allocated market space signs approved by the
Market Master or his/her designee stating:
1. Vendor's legal name;
2. Vendor's home location;
3. The name of each item offered for sale must be labeled in the vendor's rental
space; and
4. The name of the cooperative farmer and location of their source must be
labeled.
(C) Vendors shall be financially self-sufficient and operate at no cost to the City.
(D) No vendor shall solicit business by hawking or crying out.
3-22-7. - SALEABLE ITEMS.
(A) Items allowable for sale at the markets:
1. Must be locally grown, cultivated, created, produced or prepared;
2. Must conform to all federal, state and local public health and food safety
regulations; and
3. May include any or all of the following items:
(a) Produce such as fruits or their juices and vegetables;
(b) Edible grains, nuts and berries;
(c) Apiary products, maple.sugar and syrups, only if properly labeled in
accordance with state standards for labeling;
(d) Baked goods as specified in Subsection (D) of this Section;
(e) Meat, fish, poultry, eggs, and dairy products including natural cheeses;
provided that vendors may sell only USDA prepackaged meat from animals
from their own farms, or from a cooperative farmer and that the sale of
such meat must conform to the Illinois Retail Food Store Sanitation Rules
and Regulations and the Evanston Health and Sanitation Code.
(f) Cut or potted flowers and plants;
(g) Artwork and hand-crafted items, if sold during "Home Grown Artists"
events; and
(h) Prepared foods, either as part of food demonstrations or with the
approval of the Market Master or his/her designee; and
(i) Value-added Products
Q) The Farmers' Market may also permit knife sharpening for patrons
(B) Items not allowable for sale at the markets shall include those that are:
1. Unwholesome or spoiled; or
2. Prohibited by the Evanston Department of Health and Human Services.
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(C) Items sold according to weight must be sold in accordance with the established
standards for weight of the State of Illinois and City of Evanston.
(D) The sale of baked goods shall be allowed by Evanston based and non -Evanston
based food establishments issued a license or permit by the Evanston Department
of Health and Human Services under the following conditions:
1. Baked goods must have been made from all fresh ingredients and processed
on -site at the licensed or permitted food establishment, including all mixing,
shaping, final proofing, and baking. No baked goods can be sold if the dough
has been prepared off -site, even if it is baked on the premises of the licensed or
permitted food establishment;
2. Eligible vendors shall be those licensed or permitted food establishments
where baked goods and pastries are the primary items for sale, such as
bakeries; and
3. Not -for -profit organizations that are not licensed food establishments may not
sell baked goods as vendors at the farmers' markets, but shall be occasionally
permitted to sell baked goods, in the discretion of the Market Master or his/her
designee, at "special events" as defined in this Chapter and subject to the
limitations prescribed.
4. Cottage Food Vendors must be registered with the Evanston Department of
Health and Human Services as a cottage food vendor and must adhere to all
regulations and standards set forth in the Illinois Food Handling Regulation
Enforcement Act, 410 ILCS 625/4, which permits certain foods to be sold at the
market at the discretion of the Market Master or his/her designee.
5. Value -Added Products can be sold at the market at the discretion of the
Market Master or his/her designee.
3-22-8. - PUBLIC HEALTH AND SAFETY.
At all times, all vendors and participants at the farmers' markets shall comply with all
applicable local, state and federal laws pertaining to public health and food safety,
including, but not limited to: Hand -washing, food protection and storage, food labeling,
food service (including temperature regulation), and vector control.
(A) General provisions. At all times vendors shall transport and display food with
adequate protection against contamination. Delivery trucks and other equipment for
transportation and display shall be kept clean. Vendors shall not allow any waste,
garbage or refuse to remain on or near the vending space after the close of market
hours on any market day. No vendor shall sell, serve or offer for sale any food items
for human consumption without prior approval and permits issued by the Evanston
Health and Human Services Department Director or his/her designee.
(B) Incorporation of local law. Title 8 of the Evanston City Code, "Health and
Sanitation," is incorporated herein, and the penalties specified therein shall apply in
full force. Vendors and other sellers or preparers of food at the farmers' markets
shall comply at all times with Title 8 and all other local laws and regulations
pertaining to public health, sanitation, food preparation and food safety. Failure to
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comply with all such local laws may result in the revocation of vending space, in the
discretion of the Health Director or his/her designee.
(C) Incorporation of state and federal law. Vendors and other sellers or preparers of
food at the farmers' markets shall comply at all times with all state and federal laws
and regulations pertaining to public health, sanitation, food preparation and food
safety. Failure to comply with all such laws may result in the revocation of vending
space, in the discretion of the Evanston Health Director or his/her designee.
(D) Access. The Health Director or his/her designee, upon the presentation of
identification, shall be permitted to enter any vending space, food demonstration
space, or special event space in a farmers' market for the purposes of making
inspections to determine compliance with this Chapter and other applicable law. The
Health Director and his/her designees shall be permitted to examine records of the
vendor or other seller or preparer of food, to obtain information pertaining to the
food and supplies purchased, sold, received or used.
(E) Closure. At any time, the Health Director or his/her designee may, in his/her or her
exclusive discretion, require the immediate closure of any booth, stand, or other
vending space presenting an imminent health hazard. In the event of such closure,
all vending, marketing, and associated activity must cease until approval to operate
is granted after inspection.
(F) Except as otherwise provided by law, the following shall be prohibited within any
farmers' market:
1. Live animals and pets, other than service animals; and
2. Riding of bicycles, scooters, skateboards, and the like, including motorized
versions of the same, except as required to accommodate a physical disability.
3-22-9. - SPECIAL EVENTS.
Any activity that takes place on the grounds of a farmers' market but is not the sale of
food items that are locally grown, cultivated, created, produced, or prepared, and sold
by an approved vendor under this Chapter shall be designated a "special event" and
shall be subject to the limitations in this Section.
(A) Home-grown artists events.
1. Shall be approved by and held on dates designated by the Market Master or
his/her designee;
2. Shall be limited to the number of artists' tents designated by the Market Master
or his/her designee; and
3. Shall be held in a contained area of the market as designated by the Market
Master or his/her designee.
(B) Food demonstrations.
1. Shall be approved by and held on dates designated by the Market Master or
his/her designee;
2. Shall be limited to the number of demonstration stations designated by the
Market Master or his/her designee;
3. Shall be held in a contained area of the market as designated by the Market
Master or his/her designee; and
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4. Shall be pre -approved by the Health Director or his/her designee and shall at all
times comply with all applicable public health and sanitation laws and
regulations as set forth in Section 3-22-8.
(C) Fundraising bake sales.
1. Not -for -Profit organizations shall be permitted occasionally to sell or distribute
baked goods at farmers' markets to raise funds or awareness, but not as a
routine business. Nothing in this Section entitles not -for -profit organization to
operate as a vendor within the meaning of this Chapter;
2. Fundraising bake sales shall be held only with the prior approval of the Market
Master or his/her designee, who shall reasonably limit the number of vending
spaces designated for such use on any given market day; and
3. A fundraising bake sale may consist of the sale of only home -baked goods not
requiring refrigeration. The items may be prepared in non -inspected kitchens;
however, it is strongly recommended that the preparation of food items for sale
take place in a licensed or permitted food establishment or controlled
environment such as a club or church kitchen.
(D) Additional special events to be held in conjunction with the farmers' markets shall
be conducted and regulated under the sole discretion and authority of the Market
Master or his/her designee.
3-22-10. - ENFORCEMENT AND PENALTIES.
Any person violating any of the provisions of the Chapter shall be subject to a fine not
to exceed five hundred dollars ($500.00), or, alternatively, the penalty prescribed in
any applicable provision of the Evanston City Code. A separate offense shall be
deemed committed each day such violation shall continue. The Market Master or
his/her designee may, in his/her sole discretion, revoke the vending space of any
vendor or special -event space holder for violations of this Chapter, irrespective of the
severity, number, or duration of said violations.
SECTION 2: That the findings and recitals contained herein are declared
to be prima facie evidence of the law of the City, and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 3: That all ordinances, or parts thereof, which are in conflict
with this amendment are hereby repealed.
SECTION 4: That if any provision of this Ordinance 126-0-16, or
application thereof to any person or circumstance, is held unconstitutional or otherwise
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invalid, such invalidity shall not affect the applicability of the other provisions of this
Ordinance 126-0-16.
SECTION 5: That this Ordinance 126-0-16 shall be in full force and
effect from and after its passage, approval, and publication in the manner
provided by law.
Introduced:�C %-A\W 2016 Approved:
Adopted: ,YOU /�7► q , 2010-1 1�Y\UZ1Yl.� q , 201 V—j
Elizabeth B. Tisdahl, Mayor
At Approved as o for :
Rodney ene, City Clerk W. Gra& Farrar Corporation Counsel