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HomeMy WebLinkAboutOrdinance # 1873J 4 ' ORDINANCE NO. 1873 AN ORDINANCE DELETING SECTION 3-2-3(B) (LICENSE LIMITATIONS) AND CREATING CHAPTER 12 (FARMER'S MARKETS) OF THE CANTON MUNICIPAL CODE WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interests of the citizens of Canton, Illinois to delete Section 3-2-3(B) (License Limitations) and create Chapter 12 (Farmer's Markets) of the Canton Municipal Code, and WHEREAS, the City Council has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: That Section 3-2-3(B) (License Limitations) of the Canton Municipal Code be hereinafter deleted. 2. That Chapter 12 (Farmer's Markets) of the Canton Municipal Code be created. 3. That Chapter 12 (Farmer's Markets) of the Canton Municipal Code read as follows: Section 12-1:Definitions. For the purposes of this Chapter only, the following words and phrases shall have the meanings, and are hereby defined, as follows: a. Goods or Products: Those items grown or produced within the State of Illinois. b. Grower: Any person offering for sale articles for human consumption, including but not limited to, 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. All meat, poultry and fish offered for sale at the Farmer's Market shall confirm with the Illinois Retail Food Store Sanitation Code and all regulations imposed by the Fulton County Health Department. c. Market or Farmer's Market: A designated area where, on designated days and times, growers, producers and retailers may sell directly to the public in accordance with the City of Canton regulations. The City of Canton shall have the right to relocate or discontinue the market, to specify the days and times of its use, and to stipulate to what goods may be sold. d. Park: The public park owned and maintained by the City of Canton, commonly referred to as Jones Park. e. Producer: Any person offering for sale non-edible articles produced within the State of Illinois, including, but not limited to, cut or potted flowers, candles, jewelry, and handmade/homemade craft items. w 1 f. Space or Stall: The diagonal parking spaces and curb located directly adjacent to Jones Park. g. Vendor: Any person who participates in the Market or Farmer's market by the selling of goods or products therein. Section 12-2: Established. It is in the public interest of the City of Canton to provide for a Farmer's Market, whereby growers of food may sell directly to the public, pursuant to 505 ILLS 70/1, products and items necessary for the sustenance and convenience of the residents of the City of Canton. Producers may also participate in the market subject to all rules and regulations imposed by this chapter. Section 12-3: Application/Agreement An applicant for a space to sell goods within the Market may request an application/agreement from the Canton Area Chamber of Commerce/Spoon River Partnership for Economic Development and shall submit together with the required fee and the application agreement the following information: 1. Name and address of applicant; 2. Product(s) to be sold; 3. A warrant that the product is fit for human consumption or use; 4. Additional information required by the regulations of the Farmers Market adopted hereunder; 5. Such other information as may be required by the Canton Area Chamber of Commerce/Spoon River Partnership for Economic Development. Section 12-4: Vendor Spaces: Fees Pursuant to state statute, no license fee will be charged of any participant in the Farmer's Market subject to Section 12-6. The Canton Area Chamber of Commerce/Spoon River Partnership for Economic Development will charge vendors a space rental fee at a weekly cost of $5.00, monthly cost of $15.00 or seasonal cost of $40.00 depending on the Vendor's preference and availability of space. Vendors will be required to display the Space Rental Receipt in public view at the time of the Market. Section 12-5: Vendor Spaces: Stalls Vendors shall occupy as market stalls the diagonal parking spaces and adjacent curb space as assigned by the Canton Area Chamber of Commerce. Each vendor will be allowed approximately eight (8) feet of curb space, and can set up one (1) table no longer than eight (8) feet. Vendors wishing to sell from the trunk of an automobile or bed of a truck are encouraged to back into the parking space, and vendors with vehicles too large to be safely accommodated in a single space will be required to rent an additional space (maximum of two spaces). Other vendors may also rent an additional space (up to a maximum of two spaces). Additional spaces will be rented for another full weekly, monthly or seasonal space rental fee. Section 12-6: Right to Sell; Licenses. Every grower of food may sell directly to the public products and items necessary for the sustenance and convenience of the residents of the City of Canton and in any quantity he/she may think proper, without paying any state, county or city tax, or license. Taxes that may result from producers selling non-edible items are the sole responsibility of the producers and shall be collected according to state and local tax laws. Nothing in this Chapter shall be so construed as to authorize the sale of spirituous, vinous or malt liquors, contrary to laws which now are or hereafter may be in force prohibiting the sale thereof. Sec. 12-7. Penalties for Violations; Revocation of License Any person, firm, corporation, partnership or association violating any provisions of this Chapter including the regulations adopted hereunder, shall be fined not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense. The Canton Area Chamber of Commerce/Spoon River Partnership for Economic Development may, in their 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 vendor to appear in court after service of an official notice upon the vendor to appear in court shall constitute adequate grounds for the suspension or revocation of the vendor's permit. Section 12-8. Hours, days, location of operation. The city council shall, from time to time by resolution, prescribe the days and time the farmers' market shall be open to the public, as well as the location of the market. Section 12-9. Cleanliness and weighing of commodities. Every vendor in the farmers' market shall be required to keep the space occupied by him/her in a clean and wholesome condition. Every vendor shall be required to keep a true set of scales for the proper weighing of all commodities if sold by weight. Whenever any scales are found to be faulty, the vendor using the same shall forfeit the right to the use of the farmers' market. Section 12-10. Inspection and condemnation of food. All edible products at the farmers' market may be subject to inspection by the Fulton County Health Department who shall cause all unwholesome, decayed, diseased or corrupted provisions or other articles to be immediately removed and destroyed by the vendor thereof. Section 12-11. General regulations. a. No vendor under this chapter shall: a. Sell any meat, poultry and fish that does not conform to the Illinois Retail Food Store Sanitation Code Sell or without approval by the Fulton County Health Department; b. Sell any pre-packaged food items without first completing a form at the Fulton County Health Department stating what items they will be selling; c. Sell any type of meat without a mechanical refrigeration unit; d. Sell any canned foods, eggs, cream pies or items with creamy frosting; e. Sell or offer for sale any unwholesome or spoiled articles; f. Attract attention to his/her goods by hawking or crying out; and g. Allow any waste, garbage or any other refuse to remain on or near his/her space after the closing hour of any market day. b. All vendors under this chapter shall: a. Be responsible for any and all sales tax due according to local and state sales tax law; and b. Agree to hold harmless the City of Canton, Canton Area Chamber of Commerce, Spoon River Partnership for Economic Development for any injury to the person or property of the vendor arising from operation within the Market. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this l8th day of J~-Y , 2006 upon a roll call vote as follows: AYES: Aldermen Reed, Schenck, Carl, Sarff, West, Dartford, Berardi. NAYS: None. ABSENT: Alderman Meade. ~ APR ~VED: Ro ey W. Hein e, yor ATTEST: ~ ~ /f ~ Nancy White City Clerk