Oak Park, IL Farmers' Market

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Type: Municipal Code

Status: Last revision in 2004

Source File: http://www.oak-park.us/public/pdfs/Farmers%20Market/06.08.07_Farmers_Market_Village_Code.pdf

Text:

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)

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