Ordinance 1997-12 STATE OF ILLINOIS ) 5/23/97
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COUNTY OF KENDALL )
ORDINANCE NO. 97-�
AN ORDINANCE AUTHORIZING, CREATING AND
PROSCRIBING RULES AND REGULATIONS FOR A FARMERS
MARKET FOR THE UNITED CITY OF YORKVILLE
WHEREAS, the Mayor and the City Council for the UNITED CITY OF YORKVILLE have
considered the creation of a Farmer's Market in the City; and
WHEREAS, the creation of a Farmer's Market will be in the best interests of the community;
and
WHEREAS, the operation of a Farmer's Market for the sale of produce, crafts and other
commodities will benefit the residents of the City; and
WHEREAS, a Farmer's Market will necessarily require regulations to govern its operation.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OR THE UNITED
CITY OF YORKVILLE:
1. FARMER'S MARKET ESTABLISHED:
A farmers' marketplace for growers, producers, retailers and crafters who may sell
directly to the public items necessary for the sustenance and convenience of the
residents of the City and the surrounding area is hereby established for the purpose
of selling certain items as enumerated herein.
2. LICENSE OR PERMIT TO SELL:
A. Application for license or permit: An applicant for a license or permit to sell goods
within the farmers' market shall submit to the City Clerk an application, in writing, a
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minimum of 48 hours prior to the event, containing the following information:
1. Name and address of the applicant;
2. Products for which a sale license or permit is sought;
3. Source of the products;
4. A warranty that such products are fit for human consumption or
use, if sold as edible products.
5. Retail tax I.D. number from all, except agricultural growers.
B. Daily and Seasonal Permits; Fees:
1. A grower, producer or retailer may obtain a daily permit entitling him to
occupy one space in the market for one day only, or such grower, producer
or retailer may obtain a permit for an entire season, consisting of all the days
the market is open during any one calendar year.
2. Seasonal permits purchased during any given year shall only be valid for
the balance of such calendar year.
3. The fee for said permit for one space (approximately 10'x 10') for any one
day shall be ten dollars ($10.00). Fees will be waived for retailers operating
a permanent storefront location within the Yorkville city limits. The fee for
Seasonal permits shall be fifty dollars $50. 00 for applicants residing and\or
conducting a business within the Yorkville School District boundaries. The
fee for Seasonal permits shall be seventy five dollars $75.00 for all other
applicants.
Disposition of fees: Fees required by this Article shall be paid to the City
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Clerk who shall give a receipt therefor and turn over all monies so collected
to the City Treasurer.
Conditions of License or Permit: No licensee or permittee shall:
1. Sell or offer for sale any unwholesome or spoiled articles;
2. Attract attention to his goods by hawking or crying out;
3. 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.
4. Allow any waste, garbage or any other refuse, any display apparatus,
vehicles or material of any kind whatsoever to remain on or near his space
after the closing hour of any market day.
E. Display of Permit: All sellers in the marketplace shall prominently display the
selling permit or receipt of the City Clerk while selling or offering to sell to
the public products as herein defined.
3. OPERATION OF THE MARKET:
A. Supervision and control: The City Administrator shall have control of the
activities of the farmer's market and complete power to regulate and allocate
positions of all vehicles and seller's booths desiring to be located in such
market,based on available space, and the Chief of Police is hereby vested with
authority to maintain order for the convenience and maintenance of the said
market.
B. Hours of Operation; Location of Market: The City Council shall, from time
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to time by resolution, prescribe the days and times said market shall be open
to the public as well as the location of said market.
C. Space Assignment: City Administrator shall assign spaces for the sale of
market products. Spaces shall be assigned in accordance with the order in
which the applications are filed with the City Clerk.
D. Prohibited Conditions:
1. Animals: No animal or pet shall be allowed in the market.
2. Motor Vehicles: No motorized vehicles, other than those of the seller, shall
shall be allowed in the market.
4. PRODUCT SALES AND PREMISES REGULATED
A. Types of Products Sold: Unless otherwise specified herein, the farmers'
market shall be limited to participation by growers, producers, retailers and
crafters herein defined as any person offering for sale articles for human
consumption such as fruits, vegetables, edible grains, nuts and berries, syrup
and eggs, simple baked goods, or non-edible articles such as cut or potted
flowers, which articles have been raised or prepared by the grower or
producers, members of his family, or by persons in his employ. Sale of any
type of meat, fish or poultry, refrigerated dairy products and complex baked
goods, or any other article so prescribed by the County Health Department of
the County of Kendall shall be prohibited.
B. Sanitary Premises: Every seller in the market shall be required to keep the
space occupied by him in a clean and wholesome condition, subject to the
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direction of the Mayor, or such other person in charge of such market as may
be delegated by the Mayor.
C. Use of Scales: Every seller shall be required to keep a true set of scales for
proper weighing of all commodities if sold by weight. Should any scales be
found to be faulty by the chairman of the Health and Sanitation Committee of
the City Council, the seller using the same shall forfeit the right to the use of
the farmer's market permanently.
D. Inspection of Food Products: All edible products shall be subject to inspection
by the Health Department of the County of Kendall who shall cause all
unwholesome, decayed, diseased or corrupted foods or other articles to be
immediately removed and destroyed by the vendor.
5. VIOLATIONS AND PENAL TIMES: Any person who shall violate any provisions
of this Article shall be guilty of a Class C misdemeanor and, furthermore, any
violation of any section of this Article, or any fraud or deceptive practice shall be
deemed grounds for the immediate dismissal of any seller, person, firm or corporation
from the marketplace by order of the Mayor, as provided in Section 1-4-1 of the
Yorkville City Code.
This Ordinance shall be effective after its passage according to law.
Any conflicting provisions of the City Code or Ordinance is superceded by this Ordinance
provision.
PASSED AND APPROVED THIS ,�C�_Day of , 1997.
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MAYO
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ATTEST:_ rr� x ,z(l(�►�rt„�
CITY CLERK
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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