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HomeMy WebLinkAboutOrdinance 39-O-26 Amending Evanston City Code Title 3, Chapter 3 “Farmers’ Market” (1) (1)4/27/2026 39-O-26 AN ORDINANCE Amending Evanston City Code Title 3, Chapter 3 “Farmers’ Market” WHEREAS, Title 3, Chapter 22 of the Evanston City Code contains rules and regulations relating to the Evanston Farmers’ Market; and WHEREAS, Title 3, Chapter 22 needs to be amended to update the Evanston City Code to reflect current practices and regulations at the Evanston Farmers’ Market; and WHEREAS, the Evanston City Council finds that it is in the best interest of the City of Evanston to amend Evanston City Code Title 3, Chapter 22 “Farmers’ Market”; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Title 3, Chapter 22 “Farmers’ Market” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: CHAPTER 22 – FARMERS’ MARKET 3-22-1. - DEFINITIONS. COOPERATIVE FARMER. A farmer that shares land, or farm as neighbors, or farm together in a community or a region. COTTAGE FOOD OPERATION. A person who produces or packages non-potentially hazardous food in a kitchen of that person's primary domestic residence for direct sale by the owner or a family member, stored in the residence where the food is made. Page 1 of 9 39-O-26 EDUCATIONAL DEMONSTRATION. Exhibits featuring food preparation by local chefs and nutritional educators, who reside in or have a place of business in Evanston and non-for-profit organizations. FARMERS' MARKET. A designated space within the City of Evanston where, in which at regularly prescribed intervals, approved vendors may sell agricultural products and/or other goods that complement such products directly to the public in accordance with this Chapter. HOME GROWN ARTIST. An artist or artisan with a residence, studio, or place of business in Evanston or who works as an artist or artisan in Evanston. An artist or artisan with a residence or studio or place of business in Evanston or is a student in Evanston. IMMINENT HEALTH HAZARD. A product, practice, circumstance, or event that poses a significant threat or danger of injury to the health and safety of persons without immediate correction or cessation. LOCAL/LOCALLY. 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, South Dakota and Wisconsin. MARKET MASTER. The Director of the Parks and Recreation Department, or his/her the designee to organize and regulate the farmers' markets. NOT-FOR-PROFIT ORGANIZATIONS. Any organization defined under applicable Illinois and Federal Tax Code provisions as a not-for profit corporation. VALUE-ADDED PRODUCT. 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, as demonstrated through a business plan (such as organically produced products). VENDOR. An approved individual, farm, business, or organization selling or offering for sale at Evanston farmers' markets items deemed saleable under this Chapter. Page 2 of 9 39-O-26 VENDOR BILL OF RIGHTS Ensures fairness and maintains a respectful, safe market environment. These rights are defined in the Evanston Farmers’ Market Handbook. 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 the designee shall review the application of any vendor wishing to offer items for sale at the markets, chairs the new vendor selection committee, 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. (D) The Market Master or the designee chairs the new vendor selection committee. The committee will consist of but not limited to members of the Parks and Recreation Department, Health Department, the Parks and Recreation Board and community groups knowledgeable in Farmers Markets and/or nutrition services. 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. (C) Daily Shared Rentals. The Market Master or the designee will identify shared spaces before the start of each market season. A vendor may obtain a daily be issued a one (1) day permit, entitling the vendor to occupy shared 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 or the designee . Page 3 of 9 39-O-26 3-22-4. APPLICATION REQUIREMENTS. (A) An applicant for a vending space at a farmers' market shall submit to the Market Master or the designee, 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; RESERVED 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; RESERVED 7. Vendors must provide a current Certificate of Registration through the Illinois Department of Revenue State sales tax permit number. and if applicable provide evidence that Illinois sales taxes have been paid and remitted to the City of Evanston during the previous market season. 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 one million dollars ($1,000,000.00) 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 the designee, but under no circumstances shall an application be approved unless all of the information and documentation required by Subsection (A) is provided. Submission of an application does not guarantee admission to the farmers’ market. 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 the 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: Page 4 of 9 39-O-26 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 the 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. (E) Vendors and any staff member representing that vendor must follow the Parks and Recreation Code of Conduct and Vendor Bill of Rights 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; Page 5 of 9 39-O-26 (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. (j) 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. Reselling items purchased from a produce wholesaler; or 2 3. Prohibited by the Evanston Department of Health and Human Services. (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. RESERVED. 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 the designee. 5. Value-added products can be sold at the market at the discretion of the Market Master or his/her the 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, Page 6 of 9 39-O-26 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 the 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 comply with all such local laws may result in the revocation of vending space, in the discretion of the Health Director or his/her the 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 the designee. (D) Access. The Health Director or his/her the 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 the 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 the designee may, in his/her or her their 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. Page 7 of 9 39-O-26 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 the designee; 2. Shall be limited to the number of artists' tents designated by the Market Master or his/her the designee; and 3. Shall be held in a contained area of the market as designated by the Market Master or his/her the designee. (B) Food Demonstrations. 1. Shall be approved by and held on dates designated by the Market Master or his/her the designee; 2. Shall be limited to the number of demonstration stations designated by the Market Master or his/her the designee; 3. Shall be held in a contained area of the market as designated by the Market Master or his/her the designee; and 4. Shall be pre-approved by the Health Director or his/her the 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. (C 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. Page 8 of 9 39-O-26 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 the designee may, in his/her their 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 39-O-26 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: Ordinance 39-O-26 shall be in full force and effect after its passage and approval. SECTION 5: 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. Introduced: _________________, 2026 Adopted: ___________________, 2026 Approved: __________________________, 2026 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel Page 9 of 9 April 27 May 11