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