(a) Definitions. As used in this section, unless the context clearly indicates otherwise:
"City property" means any property owned or leased by City of Chicago.
"Commissioner" means the Commissioner of the Department of Cultural Affairs and Special Events or the Commissioner's designee.
"Department" or "DCASE" means the Department of Cultural Affairs and Special Events.
"Independent farmers market" or "event" means an area on: (i) the public way; or (ii) City property; or (iii) private property, where at least 75 percent of the vendors participating in such event are farmers or other growers or producers.
"Farmers or other growers or producers" means natural persons who offer for sale or sell directly to consumers or prospective purchasers: (i) articles for human consumption, such as whole or uncut fruits or vegetables or their non-alcoholic juices, edible grains, nuts, berries and apiary products; or (ii) nonedible articles, such as cut or potted flowers or handmade products, if the articles identified in items (i) and (ii) herein have been raised, prepared or made by the farmer, grower or producers or by members of his or family or by persons in his or employ; or (iii) authorized foods produced in a cottage food operation in conformity with Section 4 of the Food Handling Regulation and Enforcement Act, 410 ILCS 625/4, or its successor Act, and any rules promulgated thereunder. The term "independent farmers market" does not include any farmers market designated by the Commissioner as a farmers market pursuant to Section 4-12-080(a)(1).
"Public way" has the meaning ascribed to that term in Section 10-8-335(a)(5).
"Special city services" has the meaning ascribed to that term in Section 10-8-335(a)(1)(B).
"Sponsor of the event" or "sponsor" has the meaning ascribed to that term in Section 10-8-335(a)(3).
(b) Unlawful act. No person shall engage in the activity of independent farmers market without first having obtained from the Department a special event permit or market registration, as applicable, for such activity.
(1) Special event permit – When required. A special event permit issued under Section 10-8-335 shall be required to engage in the activity of independent farmers market if in connection with such event, the sponsor of the event requires: (i) special city services, or (ii) a temporary food establishment license.
(2) Market registration – When required. A market registration issued in accordance with subsection (c) of this section shall be required to engage in the activity of independent farmers market if, in connection with such event, the sponsor of the event does not require: (i) special city services, or (ii) a temporary food establishment license.
(c) Market registration – Process and fees.
(1) Application. The application for a market registration under subsection (b)(2) of this section shall be submitted by the sponsor of the event in the form and manner prescribed by the Commissioner, and shall contain the following information: (i) the sponsor's name, address, e-mail address, and telephone number; (ii) the name, address, e-mail address, and telephone number of the sponsor's authorized and responsible agent for service of process; (iii) the date and time the farmers market will be held; (iv) the location where the farmers market will be held; (v) whether the farmers market will be held, in whole or in part, on the public way or on City property; (vi) whether the farmers market will be held, in whole or in part, on private property; (vii) whether any street closure(s) will be requested in connection with the farmers market; (viii) whether any special services will be required in connection with the farmers market; (ix) whether any prepackaged food or prepared food will be sold by vendors at the farmers market; (x) whether any required temporary food establishment license has been applied for or obtained; (xi) the total number of vendors estimated at the farmers market; (xii) the percentage of vendors identified pursuant to item (xi) that are farmers or growers and producers; and (xiii) any other information that the Commissioner may reasonably require to implement this section. All information provided on the application shall be complete and truthful. The applicant shall report any change in required information to the Commissioner within 10 business days of such change or prior to the date on which the farmers market is held, whichever comes first.
(2) Market registration – Prohibited when. A market registration under this subsection (c) may be denied if the Commissioner of Transportation notifies DCASE that the date, place, time or manner of the event will have an adverse impact on the public way or on public safety, or the Commissioner of Health notifies DCASE that the date, place, time or manner of the event will have an adverse impact on the public health or safety.
(3) Notification of approval or denial. The Department shall inform the applicant, at least ten calendar days prior to the date of the event, whether the application is approved or denied. If the Department approves the registration application, the Department shall so notify the applicant without undue delay. If the Department denies the registration application, the Department shall provide the applicant with written notice of such fact, which notice shall state why the application has been denied. If the Department fails to act within 35 business days of receipt of the registration application and any amendments thereto, the registration application shall be deemed approved and the registration deemed granted in conformity with this subsection. The Department's decision to approve or disapprove a registration application under this subsection (c)(3) shall be final and may be appealed in the manner provided by law.
(4) Revocation of market registration – When authorized. The Department may at any time revoke a market registration issued under this section if operation of the independent farmers market violates this Code or any other applicable law, or if such revocation is necessary to preserve the health or safety of the public. Written notice of the revocation with the reasons therefor shall be e-mailed or mailed to or personally served upon, the sponsor or the sponsor's designated agent for service of process as indicated on the registration application. Unless the registration will expire by its own terms before a hearing can be reasonably scheduled, no such revocation will take effect until the sponsor of the event or such sponsor's agent for service of process has been given notice and an opportunity to be heard in accordance with rules issued by the Department. When necessary to prevent an immediate threat to the health or safety of the Department, the Department shall order the sponsor to cease operation of the independent farmers market in whole or in part pending the outcome of the hearing.
(5) Market registration – Fee. No fee shall be assessed to register an independent farmers market with the Department pursuant to subsection (b)(2) of this section.
(6) Legal duties. The sponsor of any independent farmers market registered or required to be registered with the Department under subsection (b)(2) of this section shall:
(i) have a representative present at all times during the event. Such representative shall be responsible for ensuring compliance with all applicable ordinances and rules and for accepting all notices of violation and closure orders;
(ii) not allow any alcoholic beverages to be offered for sale or sold at the event; and
(iii) comply with any rules duly promulgated hereunder.
(7) Rules. The DCASE Commissioner and Commissioner of Health, following consultation with one another, may jointly or separately promulgate rules necessary or appropriate to implement this section.
(8) Penalty for violation. In addition to any other penalty provided by law, any person who violates this section or any rule promulgated thereunder shall be fined not less than $500.00 nor more than $2,500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 6-25-21, p. 32064, § 2)