[HISTORY: Adopted by the Village Board of the Village of
Fox Point as Ch. 21 of the 1961 Code; amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments
noted where applicable.]
GENERAL REFERENCES
Health and sanitation licenses and permits — See Ch. 375.
No person shall, directly or indirectly, offer for sale, distribute,
or sell produce or value-added products as defined in this chapter
unless such activity is conducted within a duly licensed farmers market
pursuant to this chapter. The foregoing notwithstanding, a farmers
market license is not required for restaurants, grocery stores or
other retail operations where the principal use of the property includes
sale of produce, food and/or value added products, provided that such
operations are properly zoned and operated in compliance with applicable
laws.
The application for a farmers market license shall be made in
writing on a form provided for such purpose by the Village, on which
shall be stated:
A.
The name or names and address of the applicant, and if a corporation
or association, the names and addresses of the officers and managers,
and if a partnership, the names and addresses of the partners, and
the location of the principal office or residence of the applicant;
B.
The location and type of proposed food service establishment in the
Village of Fox Point; and
C.
Such other information as the Village of Fox Point shall require.
No farmers market license as defined in this chapter shall be:
A.
Approved for any applicant who is:
(1)
Delinquent in the payment of any real property taxes, assessments,
special assessments, sanitary sewer assessments, personal property
taxes, special charges, professional fee reimbursements, or other
claim owed to the Village of Fox Point.
(2)
Delinquent in the payment of a forfeiture resulting from the violation
of any ordinance of the Village of Fox Point.
B.
Issued for any premises or property for which real property taxes,
assessments, special assessments, sanitary sewer assessments, personal
property taxes, special charges, professional fee reimbursements or
other claims of the Village of Fox Point are delinquent and unpaid.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all items used for food, drink, or condiment, whether
simple, mixed, or compounded, and items used or intended for use as
ingredients in the composition or preparation of food and shall include
meat and meat products, poultry and poultry products and dairy products.
"Food" shall include fruits and vegetables, commonly known as produce,
only to the extent such products have been processed, canned, packaged,
or otherwise prepared for sale other than in their natural grown state.
Includes fruits and vegetables in an unprocessed form, offered
for sale in the same condition and state as harvested, excepting any
wrapping, or packaging which does not alter their naturally grown
state or condition.
Bakery goods, beverages, cheese, dog biscuits, eggs, flowers,
herbs, herb products, honey, maple syrup, meat, plants, popcorn, poultry,
soap and sorghum.
Farmers market operations are subject to the following restrictions:
A.
Location. A farmers market may be conducted at such places as designated
by the Village Board, including Village property.
B.
Vendors. Vendors at a farmers market must rent or own the land on
which the products are grown.
C.
Produce. Produce sold at a farmers market must be planted, maintained,
harvested, and marketed by the vendor, or the vendor's family
member(s) or the vendor's paid employee(s).
D.
License. A farmers market will be conducted under a license issued
to a single individual or entity conducting the market. The farmers
market licensee may allow additional vendors to operate within the
farmers market, provided that the licensee is responsible for ensuring
that the vendors comply with the requirements of this Code and all
applicable laws.
E.
Term. Farmers market licenses shall have a one-year duration commencing
January 1 and terminating December 31. The rules and regulations of
the farmers market may further limit the commencement and termination
of the farmers market operation.
F.
Fees. The Village Board, from time to time, may establish a fee that
applies for the issuance of a farmers market license. No farmers market
license shall be issued until the applicable fee is paid.
G.
Rules and regulations. The licensee shall submit to the Village Manager
the licensee's rules and regulations that the licensee will enforce
regarding the operation of the farmers market. The farmers market
operation shall not commence unless and until the rules and regulations
are approved in writing by the Village Manager. If approved, no revisions
shall be made thereto absent the written approval of the Village Manager.
The rules and regulations shall include, but not necessarily be limited
to, the following requirements:
(1)
Persons selling must be family members, paid employees, or paid independent
contractors. No brokers, agents or commissioned sellers may sell produce
at the market.
(2)
All vendors must hold and display required local and state licenses.
(3)
Vendors, prior to participation, shall agree in writing to protect,
indemnify, defend, and hold harmless the Village of Fox Point, its
boards, commissions, officers, employees and agents, from and against
any causes of action, claims, demands, suits, liability, or expense
by reason of loss or damage to any property or bodily injury to any
person, including death, as a direct or indirect result of use of
any rented or occupied market space or in connection with any action
or omission of the vendor. This written document shall be in a form
approved by the Village Manager, and shall be provided to the Village
Clerk/Treasurer prior to the vendor's participation at the farmers
market.
(4)
Such additional rules and regulations as may be required by the Village
Manager.
No person shall manufacture, prepare for sale, expose for sale,
transfer, sell, or deliver food or produce unless such is securely
protected from filth, flies, dust, or contamination or unclean, unhealthful,
or unsanitary conditions. No person shall keep for sale, offer for
sale, sell, transfer, or deliver any drugs not conforming to the rules
and standards of the United States Pharmacopoeia. No person shall
manufacture, prepare for sale, expose for sale, transfer, sell, or
deliver any water, liquids, ice, or food or produce which shall be
impure, unwholesome, adulterated, or to which any harmful or injurious
foreign substance has been added.
All persons licensed under the provisions of this chapter shall
immediately post the license in some conspicuous part of the premises
on which the business is carried on, and such license shall remain
posted during the period for which the license is in force.
Any person violating any provision of this chapter shall be subject to the penalties set forth in § 1-4 of the Municipal Code.
