HomeMy WebLinkAboutORDINANCES-1975-049-O-75•
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AN ORDINANCE
Establishing a Farmers' Market
±� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK
;f.COUNTY, ILLINOIS:
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SECTION 1: That there be added to Chapter 32 of the Code of the City
of Evanston, 1957, as amended, "Peddlers and Solicitors",
,Sections 32-25 through and including Section 32-34 to read as follows:
"32-25. Definitions.
A farmers' market is a designated area where on designated days
and times, growers and producers may sell directly to the public, in
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accordance with City regulations. The City of Evanston shall have
the right to relocate or discontinue the market, to specify the days
and times of its use and to stipulate what goods may be sold.
32-26. Growers and Producers.
A grower or producer is any person offering for sale articles
for human consumption, such as fruits, vegetables, edible grains,
nuts and berries, apiary products, maple sugars, syrups and eggs or
non -edible articles, such as cut or potted flowers, which articles
have been raised or prepared by the grower or producer, members of
his family or by persons in his employ. Sale of any type of meat,
fish or poultry, refrigerated dairy product and baked goods or any
article proscribed by the Director of Public Health, shall be prohibited:
32-27. Supervision and Control of the Market.
A market master, duly appointed by the City Manager, shall review
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the application of any grower or producer offering articles for sale,
issue permits and collect fees therefor, assign spaces to growers and
producers, establish a system of bookkeeping for the market, maintain
the market's cleanliness and enforce the market regulations.
32-28. No grower or producer shall sell or offer for sale any product
without first having obtained a license or permit therefore. Each
license shall be valid for one season. The seasonal fee for such
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license shall be seventy-five (75) dollars. No grower or producer shall
be eligible for more than one license. A license granted hereunder is
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non -transferable.
32-29. Gaily Permits.
A grower or producer may obtain a daily permit, entitling him to
occupy one space in the market for one day. The daily fee for such
permit shall be five (5) dollars. No grower or producer shall be
eligible for more than one daily permit per day.
32-30. Application Required.
An applicant for a license or permit to sell goods within the
market shall submit to the market master together with the required
fee, an application in writing containing the following information:
1. Name, address of the applicant;
2. Products for which a sale license or permit is sought;
3. Source of the products;
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4. A warrantee that such products are fit for human consumption
or use; and
5. State sales tax permit number.
32-31. Assignment of Spaces - Certificate of Production.
Spaces shall be assigned in accordance with the order in which '
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applications are filed with the market master. Permit fees shall be
paid in advance of occupancy. Sellers shall submit, in advance of
occupancy, an affadavit certifying that articles offered for sale are
of the growers or producers' own raising or production.
32-32. General Regulations. 1
A. No licensee or permittee shall:
1. Sell or offer any article according to weight except in
accordance with the established standards for weight of
the State of Illinois.
2. Sell apiary products, maple sugars and syrups or any
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processed food unless properly labeled in accordance with
state standards for labeling.
3. Sell or offer any unwholesome or spoiled articles.
4. Attract attention to his goods by hawking or crying out.
5. Sell or offer any article without first obtaining an
.Illinois Sale Tax License of the current year or fail to
display prominently the number of such license; provided,
however, that when a temporary (daily) space is assigned,
suitable evidence of application for such license may be
presented to the market master.
6. Transport or display food without adequate protection
against contamination. Delivery trucks and other equipment
used for transportation and display shall be kept clean
at all times.
7. Allow any waste, garbage or any other refuse to remain
on or near his space after the closing hour of any market
day.
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B. No animals or pets shall be allowed in the market.
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C. No motorized vehicles other than those of the sellers and
the market master shall be allowed in the market.
32-33. Penalties for Violation.
Any person, firms, corporations, partnership or association
violating any of the provisions of this ordinance shall be subject to
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a fine not to exceed $300. Each day of violation shall be deemed a
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separate offense. The market master may, in his discretion, revoke
the license or permit of any individual upon proof of conviction of a
violation hereof.
32-34. Creation of Commission.
A. There is hereby created a Farmers' Market Commission composed
of five. (5) members including a chairman, each of whom shall
serve without compensation.
B. Appointment and Term of Office.
The chairman and ►-}embcrs of the Commission shall be appointed
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by the Mayor, with the advice and consent of the City Council. '
Such appointment shall be for a term of one year. Commissioners
shall be eligible for reappointment. Any vacancy shall be !
filled in like manner to an original appointment and shall be
for the balance of the term of the vacated office. Any
member may be removed by the Mayor for failure to regularly
attend meetings or for inattention to duties. All Commissioners
shall be residents of the City of Evanston. Each Commissioner
shall have one vote.
C. Ex Officio Members of the Commission.
In addition to the members of the Commission appointed
pursuant to Subsection B of Section 32-34, the following
persons shall be deemed ex officio members of the Commission,
to serve, without compensation therefor, as permanent
non -voting members: the Mayor and the Public Health Director
of the City of Evanston.
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D. Organization
As soon as possible after their appointment, the members of
the Farmers' Market Commission shall organize the election of
a chairman and other officers as may in their judgement be
necessary.
E. Powers and Duties.
It shall be the duty of the Farmers' Market Commission to review
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the activities of the market and make recommendations to the
City Council for any changes in operating policies or regulations
necessary to improve the operations of the Market. The Market
at its discretion recruit growers and producers and publicize
the Market." G
SECTION 2: This ordinance shall be in full force and effect from and
after its passage and approval in the manner provided by law.
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4Introduced Mav 5 ,1975
Adopted Mav 12 ,1975
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!, Approved may
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[g / F.r�cyar UArnaman _ .Tr _
Mayor
ATTEST:
fs,/ Ma„r;p-a F- Brown
City Clerk.
Approved as to form: /s/ Jack M. SieRel
Corporation Counsel
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Published: May 22, 1975
Code page: 421.A
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,1975 .