(A) License required. It shall be unlawful to sell produce or food items as a farmers' market without first obtaining a license as provided for herein.
(B) Requirements for obtaining a license.
(1) A farmers’ market must be coordinated by a market manager, who will assume responsibility for the coordination of all farmers’ market events and assure compliance with all regulations. Said market manager shall be responsible for obtaining the required license.
(2) The market manager, when requesting a farmer’s market license, must have proof of a state user’s permit from the State of Illinois agency in charge of the Market House historic site (Market Square), if the market is to be conducted at the Market Square. Said market manager must provide the City Clerk with a list of names, addresses, tax identification numbers, and all other pertinent information about each person displaying and selling produce at the farmers’ market. Said list shall be updated as necessary, so that the City Clerk always has on file a complete list of all persons participating in the farmers’ market.
(3) The City Clerk or Mayor may request a background check of the market manager (applicant) by the Police Department before issuing a farmers’ market license.
(4) The fee for a farmers’ market license shall be $25 per year. Said fee shall be paid at the time of application.
(5) The city may deny the farmers’ market license based on grounds of failure to cooperate with authorities, failure to obtain a permit before sales, past suspension or revocation of permits, failure to pay taxes, failure to provide proof of a user’s permit, or other just cause.
(C) Regulations.
(1) The following locations are allowed for the use of the farmers’ market. All other locations are strictly prohibited:
(a) Market Square, between Commerce Street and the alley west of the Lemfco Foundry, and between Perry and Hill Streets;
(b) City Hall parking lot on Commerce Street; and
(c) Green Street Plaza on Green Street between Commerce Street and Water Street.
(2) It shall be unlawful to block, restrict, display or operate sales upon a public street, alley, sidewalk or other public way.
(3) It shall be unlawful to sell items other than produce, home-grown food items, or handmade products, and it shall be unlawful to sell items that are not in accordance with Jo Daviess County Health Department standards.
(4) Each vendor shall display at the point of sale a notice of where the food items were produced or grown and the name of the processor or grower and, in the case of non-food items, the person(s) who manufactured the items and the place of manufacture.
(5) Not more than 50% of the vendors at the market shall sell non-food items.
(6) Foods and products infused with or containing cannabis/hemp or cannabis derived products, such as cannabidiol (CBD), are not allowed to be sold.
(D) License must be conspicuously posted. The license must be posted, in a conspicuous location where said event is occurring, and must remain posted throughout the duration of said event.
(‘69 Code, § 12-8) (Ord. O-92-5, passed 4-27-92; Am. Ord. O.21.09, passed 4-12-21) Penalty, see § 110.99