HomeMy WebLinkAboutOrdinance #2087 - deleting section 3-2-3(b) (license limitations) and creating chapter 12 (farmer's markets) ORDINANCE NO ~~fr'
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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 amend Chapter 12 (Farmer's Markets) of
Title 3(Business Regulations) 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:
1. That Chapter 12 (Farmer's Markets) of the Canton Municipal Code be
amended to 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.
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 ILCS 70/l, 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: A lication/A reement
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/Canton Main Street 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/Canton Main Street.
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/Canton Main Street will charge vendors a space rental fee at a weekly
cost of $5.00, m~~T~'•, Q, c nn or seasonal cost of $75.OO.~c~epending 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/SRPED/Canton Main Street. Each vendor
will be allowed approximately ten (10) 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 may 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). n~~.r~~n~ts„~„~~ ~,o v~+oa ~ „ ~ ,
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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/Canton Main Street
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, davs 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 wei h~ing 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 re~ulations.
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 ineat without a mechanical refrigeration unit;
d. Sell any canned foods, eggs, cream pies or items with creamy frosting unless
required certifications and licensing is obtained.
e. Sell or offer for sale any unwholesome or spoiled articles;
£ 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/Canton Main Street 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 5 day of June, 2012 upon a roll call vote as follows:
AYES: Aldermen Schenck, Hartford, West, Ellis, Nelson, Fritz
NAYS: None
ABSENT: Aldermen Pasley, Pickel
APPROVED:
evin R. eade, Mayor
AT ST:
Di Pavley, ity lerk