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HomeMy WebLinkAboutOrd 3012 06/03/1980 RDINANCE NO. 3012 AN ORDI~ANCE ALLOWING THE USE OF PUBLIC PROPERTY FOR A FAP34ERS MARKET AND CREATING REGULATIONS THEREFOR WHEREAS, the Chamber of Co~umerce of the Village of Mount Prospect has asked the President and Board of Trustees of the Village to' permit the operation, of a farmers' market in the Village of Mount Prospect on the parking lot of the Village of Mount Prospect Village Hall; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that it would be in the best interest of the Village to permit a farmers' market to be located on the parking lot of-the Village Hall subject to the regulations hereinafter set forth in'this Ordinance; and WHEREAS, the Illinois Revise~[ Statutes in Chapter 5 Section 91, Ill. Rev. Stat., i977, ch. ~ §91, provide that farmers, fruit and vlne growers and gardne~!~ have the right to sell their produce without paying any ~tate, county or city tax and with- out a license. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, iLLINOIS AS FOLLOWS: SECTION ONE: of Mount Prospect hereby authorize the Chamber of Commerce of the Village of Mount Prospect to operate a farmers' market the parking lot of the Village of Mount Prospect Village Hall, 100 South Emerson Street in the Village of Mount Prospect, on Sundays between the hours of 6:00 a.m. to 4:00 p.m. commencing August 1 and ending September 30 of each. year. SECTION TwO: ~or purposes of this Ordinance, the term "farmers' market" shall m~an an open air market where farmers, fruit and vine growers and '~ardners offer 'the produce they produce on farms, orchards, vineyards and gardens for sale to the public. The President and Board of Trustees of the Village SECTION THREE: It shall be unlawful to offer for sale or to sell produce at the farmers' market without a permit to use a stall at such farmers' market from the Chamber of Commerce of the Village of Mount Prospect. SECTION FOUR: Farmers, fruit and vine growers and gardners, per~ offering baked goods for sale and florists and food dealers licen by the Village of Mount Prospect shall be eligible to apply for a permit for a stall in the farmers' market. SECTION FIVE: An application for a permit for a stall at'the farmers' market shall be filed wi~h the Chamber of Commerce located at 100 South Emerson Street, Mount Prospect, Illinois, a% least five business days prior to the date for which a permit is sought. The application shall be accompanied by a non-refundable fee established from time to time by the Chamber of Commerce and shall contain the following information: . A. Name, address and telephone number of the applicant. B. A list of the items the applicant intends to sell. A statement indicating the dates and number of stalls in the farmers' market for which the applicant is requesting a permit. A statement indicating whether the items planned to be sold were produced by the appliant~ and, if not, a statement indicating whether the applicant is a licensed florist or food dealer. A statement by the applicant that the applicant will abide by the provisions of this Ordinance and any and all other rules and regulations established by the Chamber of Commerce for the farmers' market. SECTION SIX: The Chamber of Co~unerce shall consider completed applications for permits for stalls in the farmers' market in order in which they are received and shall not deny an applica- tion unless: ne It appears from the application that the applicant does not and will not be able to comply with the provisions of this ordinance and any rules and regulations of t~e Chamber of Commerce. Bo The applicant is not eligible to apply for a permit. Permits have been issued for all of the stalls in the farmers' market on the day or days for which a permit is requested. D. A permit previously issued to the applicant was revoked. SECTION SEVEN: A permit issued to an applicant shall not be revoked by the Chamber of Commerce unless: Be The applicant fails to pay the permit fee for such permit prior to the time the farmers' market commences operation on the day for which the permit was issued. The permittee fails to comply with the provisions of this Ordinance and any rules and regulations for the operation of the farmers' market established by the Chamber of Con~erce. SECTION EIGHT: The Chamber of Commerce may establish the permit fee for the use of stalls at the farmers' market provided, how- ever, that no applicant shall be granted a permit for more than two stalls. Permits issued are non-transferable and amounts paid for such permits are not refundable. ECTION NINE; The following items may be offered for.sale at the farmers' market: fruits, vegetables, edible grains, nuts and oerries, baked Goods, apiary products, maple sugars, syrups and eggs or non-edible articles, such as cut or potted flowers. No neat, fish, poultry or diary products requiring refrigeration shal oe offered for sale. The Health Director of the Village of Mount Prospect shall have the authority to prohibit the sale of food items which may pose a hazard to public health. SECTION TEN: The following rules and regulations shall apply to the operation of the farmers' market: A. No permittee shall: Offer for sale or sell any product other than produce of its farm, orchard, vineyard or garden provided, however, that licensed florists and food dealers may offer for sale and sell any of the items permitted under Section Nine pro- vided such items are regularly sold by such florist or food dealer's place of business. 2. Offer for sale ~>r sell any item according to weight except in accordance with the established standards for weJ. ght.of the State of Illinois. All products ~ must comply with applicable Federal, State and Local laws. Offer for sale or sell apiary products, maple sugars and syrups or any processed food unless properly labeled in accordance ~ith state standards for labeling. Offer for sale or sell any unwholesome or spoiled articles. e o Attract attention to items for sale by attention getting devices which emit sound. Transport or display items without adequate pro- tection against contamination. Delivery trucks and other equipment used for transportation and display shall be kept clean at all times. Allow any waste, garbage or any other refuse to remain on or at the permittee's stall after the closing hour of any farmer's market day. B. No animals or pets shall be allowed in the farmers' market. No motor vehicles other than those of the perm~ttees and the Chamber of Commerce shall be allowed in the area used for the =- ' .._armers market. The Chamber of Commerce and the Village shall remove or cause the removal of any remaining waste, garbage or other refuse from the premises of the Village Hall parking lot within one hour after the'closing hour of any farmers' market day. ECTION ELEVEN: Any person, firm, corporahion, partnership or association violating any of the provisions of this ordi- nance shall be subject to a fine of not to exceed S300. Each day a violation exists shall be deemed to a separate offense. SECTION TWELVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Passed this 3rd day of June , 1980. AYES: Farley, Flros, Miller, b~rauskis, P~chardson, %~ttenberg NAYS: None ABSENT: None Approved this 3rd day of June , 1980. Approved: Attest: Village Clerk /Village President