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Ordinance 1997-12 STATE OF ILLINOIS ) 5/23/97 )ss 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 1 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 2 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 3 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 4 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. 5 MAYO f ATTEST:_ rr� x ,z(l(�►�rt„� CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 CLIENTS\CIT YOFYO\IRESOLUTT\FARNMRS 6