View source for Oak Park, IL Farmers' Market

{{Entity|Locale=Oak Park|Region=IL|Country=US}}
{{Best practice
|Best practice type=Municipal Code
|Best practice topic=Farm-Related Policies
|Best practice source=http://www.oak-park.us/public/pdfs/Farmers%20Market/06.08.07_Farmers_Market_Village_Code.pdf
|Best practice adopted=2004/04/01
|Location=Oak Park, Illinois, United States
}}
; ARTICLE 2  FARMERS' MARKET

; 18-2-1: PUBLIC POLICY STATEMENT
It is in the public interest for the Village to allow producers of food to sell directly to the public
as provided in 505 Illinois Compiled Statutes 70/1. Therefore, food products may be sold in a
farmers' market in Oak Park as hereinafter provided without individual vendor licensing subject
to the conditions hereinafter set forth. ''(Ord. 2004-0-45, 9-7-04)''

; 18-2-2: DEFINITIONS
For the purpose of this article only, the following words and phrases shall have the meanings,
and are hereby defined, as follows:

FARMERS' MARKET: A designated area where, on designated days and times, growers and
producers may sell directly to the public in accordance with Village regulations. The Village
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.

FISH: The flesh of any numerous cold blooded aquatic vertebrates of the superclass Pisces,
having a bony skeleton, jaws, fins, gills and normally a streamlined body.

GROWER OR PRODUCER: Any person offering for sale articles for human consumption,
including fruits, vegetables, edible grains, nuts and berries, apiary products, maple sugars and
syrups, eggs, dairy products, prepackaged meat, poultry or fish that are frozen and that have
been processed and properly labeled at a Federal or State licensed facility or nonedible
articles such as cut or potted flowers as long as all such edible and nonedible articles have
been raised and prepared by the grower or producer, members of their families, or by persons
in their employ. All meat, poultry and fish offered for sale at the Farmers' Market shall conform
with the Illinois Retail Food Store Sanitation Code. No more than two (2) permits shall be
issued in any one market season for the sale of meat, poultry or fish. Sale of any article
proscribed by the Director of Public Health shall be prohibited.

LOCAL FLORIST: Any person licensed as a florist and as an itinerant vendor by the Village
and having a permanent place of business as a florist in Oak Park.

LOCAL NOT FOR PROFIT ORGANIZATIONS: Organizations which are located in Oak Park
or which have most of their members in Oak Park, and which are incorporated as not for profit
corporations or which are operated solely for educational, religious or charitable purposes.

LOCAL RETAILER OF FARM PRODUCTS: Any person licensed as a local food retailer and
as an itinerant vendor by the Village and having a permanent place of business as a local food
retailer in Oak Park and where sales of farm products constitutes fifty percent (50%) or more of
said business.

LOCAL SERVICE VENDOR: Any person licensed to do business at a permanent location in
Oak Park or licensed as a peddler in Oak Park and licensed as an itinerant vendor by the
Village, offering a service which relates to the Farmers' Market.

PRODUCE: Farm products including, and limited to, apiary products, fruits and vegetables and
products made from animals which are raised on the farm where the products are made. ''(Ord.
2004-0-45, 9-7-04)''

; 18-2-3: MARKET MANAGER; APPOINTMENT, RESPONSIBILITY
A Market Manager, appointed by the Village Manager, shall review and approve or deny the
application of any grower or producer, local not for profit organization, local florist, local retailer
of food products offering articles for sale or local service vendor, issue permits and collect fees
therefor, assign spaces to approved applicants, establish a system of bookkeeping for the
market, maintain the market's cleanliness and enforce the market regulations. An applicant's
history of cooperation with the Market Manager and the Manager's designees and good faith
effort to obey the rules and regulations of the market as a permittee during prior market
seasons shall be considered by the Market Manager when reviewing applications for approval
or denial. The permit fee for any application which is denied shall be refunded by the Market
Manager to the applicant in full as soon after time of the denial as is reasonably possible. ''(Ord.
1987-0-10, 2-2-87)''

; 18-2-4: LOCATION OF MARKET
The Farmers' Market may be located at a place approved by the Village Board. ''(Ord. 1987-0-
10, 2-2-87)''

; 18-2-5: SPACE RENTAL FEE
Rental fees for Farmers' Market spaces shall be established each year by the Farmers' Market
Commission with the approval of the Village Board.

A. Maximum Rental Space Allowed: A maximum of three (3) market spaces may be rented by
any one permittee. (Each market space constitutes approximately 2 vehicle parking
spaces.) The number of spaces to be rented to any one permittee shall be determined by
the Market Manager, with consideration given to the market's mix of producers and growers
and the market's needs at the time of application. Half spaces may be rented at the
discretion of the Market Manager.

B. Permanent Space: A permanent space on the same site at the market may be rented for the
entire season at a specified fee per space.

C. Space For One Day: The availability of rental space for any day at a specified fee per day
shall be determined by the Market Manager with consideration given to the factors set forth
in subsection 18-2-5A of this section.

D. Fees: Fees will be collected by the Market Manager. Season permits are not transferable
and no refunds will be given. Participation in the market will not be permitted until the full
fee has been received by the Market Manager.

E. Dairy Produce Food Displays: Rented space that includes the display and sale of dairy
product shall require payment from the permittee of an additional fee of fifteen dollars
($15.00) per space per season. Application for such a display shall be made to the Health Department at least one week prior to sale date. ''(Ord. 1987-0-10, 2-2-87)''

; 18-2-6: APPLICATION
An applicant for a space to sell goods within the market may request an application from either
the Market Manager or the Village Clerk and shall submit to the Market Manager together with
the required fee, said application in writing containing the following information:

A. Name and address of the applicant;

B. Product for which a permit is sought;

C. A warrant that such product is fit for human consumption or use;

D. State sales tax permit number and satisfactory evidence of payment of the State sales tax, if
any, for the preceding year. The Market Manager shall be the sole determiner of whether
the evidence presented is satisfactory;

E. Agreement to abide by the policies and regulations of the Oak Park Farmers' Market;

F. Additional information required by the regulations of the Oak Park Farmers' Market adopted
hereunder;

G. Such other information as may be required by the Market Manager. ''(Ord. 1987-0-10, 2-2-87)''

; 18-2-7: ASSIGNMENT OF SPACES
Except as otherwise provided in section 18-2-3 or 18-2-5 of this article, spaces shall be
assigned to all applicants who leased permanent space in the market for the preceding market
season before spaces may be assigned to new applicants. Fees shall be paid in advance of
occupancy. ''(Ord. 1987-0-10, 2-2-87)''

; 18-2-8: GENERAL REGULATIONS; CERTIFICATE OF PRODUCTION

A. No permittee shall:
: 1. Sell any product other than produce of the permittee's farm, orchard, vineyard or garden except as follows:
:: a. A "local florist" or a local food retailer of farm products, as defined herein, may sell any item listed in section 18-2-2 of this article, provided that item is also sold from their permanent place of business in Oak Park.
:: b. A "local not for profit organization" shall be allowed two (2) spaces per year for bake sale, provided that each use of a space for a bake sale shall constitute a "day" upon which goods are sold for purposes of licensing itinerant vendors in accordance with section 18-1-2 of this chapter.
:: c. A licensed local service vendor may sell a market related service to be performed at the market for a fee, if the service does not involve a product, food handling or food preparation.
:: d. A permittee may be permitted to sell the homegrown produce of another grower or producer upon approval by the Market Manager of an affidavit signed by the permittee and grower and submitted by the permittee in conformity with market regulations.
: 2. Sell or offer any article according to weight except in accordance with the established standards for weight of the State of Illinois.
: 3. Sell apiary products, maple sugars and syrups or any processed food unless properly labeled in accordance with State standards for labeling.
: 4. Sell or offer any unwholesome or spoiled articles.
: 5. Attract attention to the goods by loud sounds.
: 6. Sell or offer any article without first obtaining current Illinois sales tax number and producing evidence satisfactory to the Market Manager of the payment of the preceding year's sales tax or fail to display prominently the Illinois sales tax number.
: 7. 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.
: 8. Allow any waste, garbage or any other refuse to remain on or near the space after the closing hour of any market day.

B. No animals or pets shall be allowed in the market except for guide dogs accompanying the
handicapped.

C. No motorized vehicles other than those of the sellers and the Market Manager shall be
allowed in the market, except for motorized wheelchairs. ''(Ord. 1987-0-10, 2-2-87)''

D. All approved dairy products and frozen meat, poultry and fish offered for sale must be
prepared and packaged under conditions meeting the requirements of Federal, State and
local laws, packaged individually, stored and displayed at a temperature of forty one
degrees Fahrenheit (41°F) or below in the case of dairy products and zero degrees
Fahrenheit (0°F) or below in the case of frozen meat, poultry and fish in facilities that meet
the requirements of State and local rules and regulations, and served directly to the
customer in the unopened container in which it was packaged.

E. Permittees and growers and producers who sell their produce through the permittees, as
authorized under subsection 18-2-8A of this section (hereinafter referred to as "affidavit
growers") shall cooperate fully and in good faith with the Market Manager in response to
requests by the Market Manager to inspect the land used by the permittee or affidavit
grower for the production of the produce sold at the Farmers' Market. It shall be the
responsibility of the permittee or affidavit grower to provide the Market Manager or the
Manager's designee with a timely opportunity to inspect and verify that the produce sold by
the permittee at the market is grown and produced by the permittee or affidavit grower on the land designated in the permittee's application or affidavit. ''(Ord. 2004-0-45, 9-7-04)''

F. The permittee shall at all times abide by the regulations of the Farmers' Market. ''(Ord. 1987-
0-10, 2-2-87)''

; 18-2-9: PENALTIES FOR VIOLATION
Any person, firm, corporation, partnership or association violating any of the provisions of this
article including the regulations adopted hereunder, shall be subject to a penalty in accord with
section 1-1-5 of this Code. Each day of violation shall be deemed a separate offense. The
Market Manager may, in the Manager's discretion, suspend or revoke the license or permit of
any individual for the violation of any market rule or regulation or upon proof of conviction for a
violation hereof. The failure of the permittee to appear in court after service of an official notice
upon the permittee to appear in court shall constitute adequate grounds for the suspension or
revocation of the permittee's permit. ''(Ord. 1987-0-10, 2-2-87)''

; 18-2-10: NOTICE, REVIEW AND HEARING; REQUIREMENTS
The Market Manager shall provide any permittee with written notice of the proposed
suspension or revocation and an opportunity for a review prior to the suspension or revocation
of any permit. The notice shall state the reason for the suspension or revocation and shall set
forth the time, manner and location for the filing of a request for review by the permittee.

Any permittee may request a review of the actions proposed in the notice by the Market
Manager and the Farmers' Market Commission within three (3) working days of the service of
such notice or within five (5) working days of the mailing date of such notice of said action.

The request for review shall state the name, address and permit number of the permittee and
shall contain a brief statement by the permittee relating the reason or reasons why the
proposed suspension or revocation should not be imposed. The permittee shall affix a copy of
the Market Manager's notice to the request for review. The request for review shall be signed
and dated by the permittee and must be received by the Village Clerk's office within three (3)
working days of receipt of the Market Manager's notice or within five (5) days of the mailing of
the notice.

A permittee may only request a review of the proposed actions of the Market Manager which
are punitive in nature as to the permittee. Decisions of the Market Manager concerning the
general operation of the market may not be appealed, even though such decisions may impact
on individual permittees. There shall be no refund of any portion of the permit fee if a permit
has been suspended or revoked for cause.

Any suspension or revocation of a Farmers' Market permit imposed by the Market Manager
against a permittee, for which the permittee has requested a review, shall be postponed until
completion of the review. A review of the matter will be scheduled within seven (7) days of
receipt of the request for review. The Market Manager will preside over said review.

The Market Manager and the Farmers' Market Commission shall receive and consider such
relevant information as is available from the Market Manager and presented by the aggrieved
permittee. Within five (5) days of the completion of the review, the Farmers' Market
Commission shall provide the Market Manager with a written recommendation stating the Commission's opinion as to: a) whether or not the permittee has violated any Farmers' Market
rule or regulation as set forth or adopted by reference in this article and b) if a violation is found
to have occurred, the recommended penalty therefor. The Market Manager shall render written
findings of fact and a decision within ten (10) days following the conclusion of the review. Once
the written finding and decision have been prepared, the Market Manager shall cause a copy
of the recommendation of the Commission and the findings and decision of the Market
Manager to be delivered to the permittee requesting the review and the full Commission, either
in person or by regular and certified mail.

The permittee may appeal the decision of the Market Manager by filing with the Village
Manager within three (3) days after the receipt of the Market Manager's decision, or, if the
decision is delivered by mail, within five (5) days of the mailing date of said decision, specific
written exceptions to the findings of fact and decision of the Market Manager. The Village
Manager shall immediately provide the Market Manager with a copy of the written exceptions
filed with the Village Manager by the permittee. The Village Manager shall establish a hearing
date not less than ten (10) nor more than twenty (20) days from the date of receipt of the
written exceptions and shall immediately inform the parties of the date by letter. The Market
Manager shall have seven (7) days from the date of receipt of the written exceptions to file a
written response to the exceptions with the Village Manager, along with a copy of the written
findings of fact and decision and all supporting documentation presented at the original review.
The Market Manager shall also cause a copy of the response to be delivered to the appealing
permittee, either in person or by regular and certified mail, at the time of filing the response
with the Village Manager.

The Village Manager shall preside over the hearing and shall provide both parties with an
opportunity to orally state their positions. Evidence which was not presented at the review
conducted by the Market Manager, and was readily ascertainable prior to the review, will not
be received by the Village Manager in hearing the appeal of the decision of the Market
Manager.

The Village Manager shall render a decision affirming, reversing or modifying the decision of
the Market Manager within seven (7) days of the hearing and shall notify the parties of his
decision by regular and certified mail. In rendering his decision, the Village Manager shall
consider the arguments of the parties, the written findings of fact and decision, the
documentation presented at the original hearing, the appealing party's written exceptions to
the decision and the Market Manager's written response thereto. The decision of the Village
Manager shall be final. The Village Manager may, in his discretion, delay the imposition of any
suspension or revocation which has been appealed hereunder until the completion of the
appeal process. ''(Ord. 1987-0-10, 2-2-87)''

; 18-2-11: CREATION OF FARMERS' MARKET COMMISSION

A. Members: There is hereby created a Farmers' Market Commission composed of eleven (11)
members including a Chairperson, each of whom shall serve without compensation.

B. Appointment And Term Of Office: The Chairperson and ten (10) members of the
Commission shall be appointed by the President, with the advice and consent of the Board
of Trustees. Such appointment shall be on a staggered basis for a term of three (3) years,
with the Chairperson and three (3) members appointed during one year, three (3) members
appointed the following year and four (4) members appointed in the following 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 President for failure to regularly attend meetings or
for inattention to duties. All Commissioners shall be residents of the Village. Each
Commissioner shall have one vote.

C. Ex Officio Members Of The Commission: In addition to the eleven (11) members of the
Commission appointed hereunder, the Public Health Director or a member of that staff
designated by the Director shall be an ex officio member of the Commission.

D. Market Manager: The appointment of the Market Manager shall be made by the Village
Manager.

E. Powers And Duties: It shall be the duty of the Farmers' Market Commission to review the
activities of the market and make recommendations to the Village Board for any changes in
operating policies or regulations necessary to improve the operations of the market.
Further, the Commission, in conjunction with the Market Manager, will review pending
permit suspensions or revocations for which the aggrieved permittee has submitted a timely
request for review. At the conclusion of a review, the Commission shall prepare a written
recommendation to the Market Manager which shall include the opinion of the Commission
as to whether a violation of the Farmers' Market rules or regulations has occurred and, if
so, a recommendation as to the appropriate penalty therefor. The Market Commission shall
also, at its discretion, recruit owners and producers and publicize the market. ''(Ord. 1999-0-
8, 3-15-99)''

[[Category:City Governments]]
[[Category:Code]]
[[Category:Farm-Related Policies]]
[[Category:Food-Related Policies]]
[[Category:Illinois]]