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Form a Business

FARMERS MARKETS

Municipal Code of Chicago tit. 4, ch. 4-12
in effect

Municipal Code of Chicago § 4-12-010 Definitions.

4-12-010 Definitions. As used in this chapter, unless the context clearly indicates otherwise: "Approved food-processing establishment" means an establishment acceptable to the Commissioner of Public Health, or the Commissioner of Public Health's authorized representative, based on the Commissioner of Public Health's determinations of conformance with the appropriate standards and good health practices. "Central Business District" means the district consisting of those streets or parts of streets within the area bounded by a line as follows: beginning at the easternmost point of Division Street extended to Lake Michigan; then west on Division Street to LaSalle Street; then south on LaSalle Street to Chicago Avenue; then west on Chicago Avenue to Halsted Street; then south on Halsted Street to I-290; then east on I-290 to Ida B. Wells Drive to its easternmost point extended to Lake Michigan; including parking spaces on both sides of the above-mentioned streets. "Commissioner" means the Commissioner of Cultural Affairs and Special Events. "Cottage food operation" has the meaning ascribed to that term in subsection (a) of Section 4 of the Food Handling Regulation and Enforcement Act. "Farmers market(s)" or "market(s)" means areas designated by the Commissioner as a farmers market pursuant to Section 4-12-080(a)(1), where on designated days and times, growers and producers may sell certain articles and foods directly to the public in accordance with this chapter and any rules promulgated thereunder. All other farmers markets, which shall be known as independent farmers markets, shall be governed by Section 10-8-331. "Food Handling Regulation and Enforcement Act" or "Act" means the Food Handling Regulation and Enforcement Act, codified at 410 ILCS 625/4, and any rules promulgated thereunder. Section 4 of this Act is commonly known as the Illinois cottage food operation law. "Grower" or "producer" means any person offering for sale: (1) articles for human consumption, such as whole or uncut fruits and vegetables or their juices, edible grains, nuts, berries and apiary products; or (2) nonedible articles, such as cut or potted flowers or handmade products, if the articles identified in items (1) and (2) herein have been raised, prepared or made by the grower or producer or by members of his family or by persons in his employ as required under Section 4-12-110(a); or (3) food or beverages permitted by the Commissioner pursuant to Section 4-12-090; or (4) authorized foods produced in a cottage food operation in conformity with Section 4 of the Food Handling Regulation and Enforcement Act. "Letter of agreement" means the document: (1) required under Section 4-12-030 to be signed by the grower or producer as a condition to obtaining a permit under this chapter; and (2) setting forth the terms and conditions governing the farmers market areas and the permittee’s operations within those areas. "Millennium Park" has the meaning ascribed to that term in Section 10-36-140. "Prepackaged and non-perishable" means any food or beverage which is: (1) not capable of supporting the rapid and progressive growth of microorganisms which may cause food infections; and (2) packaged in a container designed to keep the contents free of contamination by microorganisms and maintain the commercial sterility of its contents after thermal processing. (Prior code § 35.1-1; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-4-98, p. 81181; Amend Coun. J. 1-20-99, p. 88037; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 3; Amend Coun. J. 11-20-19, p. 9510, Art. I, § 2; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 11; Amend Coun. J. 6-25-21, p. 32064, § 1)

Municipal Code of Chicago § 4-12-020 Issuance of rules.

4-12-020 Issuance of rules. The Commissioner shall have the authority to issue rules necessary or appropriate to implement this chapter. (Prior code § 35.1-2; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-4-98, p. 81181; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 4)

Municipal Code of Chicago § 4-12-030 Letter of agreement - Required.

4-12-030 Letter of agreement - Required. (a) No permit shall be issued under this chapter unless: (1) the applicant for such permit has signed a letter of agreement, as defined in Section 4-12-010, and (2) the Commissioner has approved the permit application for compliance with this chapter. (b) A permittee under this chapter shall comply with the terms and conditions set forth in the letter of agreement. (Prior code § 35.1-3; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 5)

Municipal Code of Chicago § 4-12-040 Permit - Application.

4-12-040 Permit - Application. An applicant for a permit under this chapter shall submit to the Commissioner a written application for such permit in a form and manner approved by the Commissioner. Such application shall include the following: (a) The applicant’s name and address; (b) The articles or products that the grower or producer intends to offer for sale at the market pursuant to the permit; (c) The source of the articles or products identified pursuant to subsection (b) of this section; (d) A warranty that such articles or products are fit for human consumption or use; (e) A letter of agreement, as required under Section 4-12-030(a)(1); (f) An affidavit, as required under Section 4-12-110(c); (g) The applicant’s State sales tax permit number or proof of application for the same; (h) At least 50% of the applicable permit fee, with the balance payable in accordance with Section 4-12-050(b)(3); and (i) Any other information that the Commissioner may reasonably require. (Prior code § 35.1-4; Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 6)

Municipal Code of Chicago § 4-12-050 Permit required - Fee.

4-12-050 Permit required - Fee. (a) Permit Required. No person shall sell or offer for sale any article or product at any farmers market unless such person: (1) is a grower or producer; and (2) has first obtained a permit under this chapter. (b) Permit Fee. (1) Amount – Non-Refundable. Except as otherwise provided in subsection (b)(2) herein, the fee for a permit under this chapter shall be as follows: if the farmers market is located within the Central Business District, the permit fee shall be $25.00, per 10-foot by 10-foot space, for each day of permitted sales in each farmers market area where the grower or producer intends to sell. If the farmers market is located outside the Central Business District, the permit fee shall be $15.00, per 10-foot by 10-foot space, for each day of permitted sales in each farmers market area where the grower or producer intends to sell. The permit fee required under this subsection (b)(1) shall be non-refundable. (2) Waiver of Permit Fee – Authorized When. The Commissioner is authorized to reduce or waive the permit fee required under subsection (b)(1) for all growers or producers at a specific farmers market if such farmers market is located in a low-income, low-supermarket-access census tract as determined by the United States Department of Agriculture. (3) Installment Payments – Authorized When. Except as otherwise provided under subsection (b)(2) herein, at least 50% of the permit fee required under subsection (b)(1) shall be paid at the time the permit application is submitted in accordance with Section 4-12-040(h). The balance of the applicable permit fee shall be paid in accordance with a payment schedule determined by the Commissioner in duly promulgated rules. Such balance shall: (i) be a debt due and owing to the City; and (ii) not be abated, reduced, or apportioned due to the permittee’s failure to conduct any of the activities authorized by the permit. (Prior code § 35.1-5; Added Coun. J. 5-24-89, p. 1298; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-13-19, p. 96592, § 7)

Municipal Code of Chicago § 4-12-060 Reserved. Editor’s note – Coun. J. 3-13-19, p. 96592, § 8, repealed § 4-12-060, which pertained to Commissioner’s duties and responsibilities.

Municipal Code of Chicago § 4-12-080 Establishment and relocation of farmers markets - Powers and duties of the Commissioner.

4-12-080 Establishment and relocation of farmers markets - Powers and duties of the Commissioner. (a) The Commissioner shall have the authority to: (1) establish areas on the public ways of the City, and, following consultation with affected City departments, on other City property, for designation as farmers markets; (2) assign spaces at farmers markets to permitted growers and producers in accordance with Section 4-12-120; (3) relocate or discontinue any farmers market; (4) specify the days of the week and hours of the day that farmers markets may operate; and (5) determine which goods may be sold at farmers markets in accordance with Section 4-12-090. Prior to establishing or relocating a farmers market in any ward of the City, the Commissioner shall provide the applicable local alderman with an opportunity to object in writing to the establishment or relocation of a farmers market there if such establishment or relocation will substantially or unnecessarily: (i) interfere with a publicly managed infrastructure project in the area; or (ii) interfere with pedestrian or vehicular traffic in the area, based on factors such as estimated attendance at the market, population density of the area, required street closures, or similar factors; or (iii) interfere with a parade, carnival or other previously scheduled event in the area; or (iv) interfere with the ability of other City departments to provide proper fire or police protection or ambulance or sanitation services in the area or at the market; or (v) subject the surrounding neighborhood to an unreasonable degree of noise, littering or parking difficulties in light of the character of the neighborhood; or (vi) create other objectively identifiable problems in the area. (b) No farmers market shall be established or relocated within or on any sidewalk that abuts Millennium Park. (Prior code § 35.1-8; Amend Coun. J. 6-6-84, p. 7030; 12-9-92, p. 25465; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 5-9-07, p. 104052, § 4; Amend Coun. J. 6-11-08, p. 29506, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 10)

Municipal Code of Chicago § 4-12-090 Sales items designated.

4-12-090 Sales items designated. (a) A grower or producer holding a valid permit under this chapter may sell or offer for sale articles for human consumption, such as whole and uncooked fruits and vegetables and their juices, edible grains, nuts, berries and apiary products, or non-edible articles, such as cut or potted flowers or handmade products, if such articles or products have been raised, made or prepared by the grower or producer or by members of his family or by persons in his employ as required under Section 4-12-110(a). (b) Food and beverages that are produced and packaged pursuant to a cottage food operation may be sold at a farmers market in conformity with this chapter and Section 4 of the Food Handling Regulation and Enforcement Act. (c) In addition to the articles, products, food, and beverages set forth in subsections (a) and (b) of this section, the Commissioner may grant a grower or producer written permission to offer for sale or sell prepackaged and non-perishable food or beverages at a farmers market if the Commissioner determines that such activity is consistent with the character of the farmers market. The Commissioner may also grant a grower or producer written permission to offer for sale or sell foods, or beverages containing ingredients, that are cooked, cut, or otherwise prepared at a farmers’ market if: (1) the Commissioner determines that: (i) such activity is consistent with the character of the farmers market, and (ii) adequate space exists at the farmers market to accommodate such activity; and (2) the permittee holds a valid City of Chicago Food Service Sanitation Certificate issued by the Department of Health. (Prior code § 35.1-9; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-4-98, p. 81181; Amend Coun. J. 1-20-99, p. 88037; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 11)

Municipal Code of Chicago § 4-12-110 Sales items restrictions - Certifications.

4-12-110 Sales items restrictions - Certifications. (a) Sales Restriction. Except for food or beverages permitted by the Commissioner to be sold at a farmers market pursuant to Section 4-12-090, no grower or producer shall offer for sale or sell any edible or nonedible article or product within the meaning of items (1) and (2) of the definition of a "grower or producer" unless such article or product has been raised, made or prepared by the grower or producer or by members of his family or by persons in his employ. (b) Cottage Food Operations – Restriction. No grower or producer who conducts a cottage food operation shall offer for sale or sell any food or beverage at a farmers market in violation of Section 4 of the Food Handling Regulation and Enforcement Act. (c) Affidavit – Required. Growers and producers shall submit to the Department, as part of the permit application, an affidavit certifying, as applicable, that: (1) any edible or nonedible article or product, within the meaning of items (1) and (2) of the definition of a "grower or producer", offered for sale or sold at the applicable farmers market will be raised, made or prepared by the grower or producer or by members of his family or by persons in his employ; and (2) in the case of food or beverages offered for sale or sold at a farmers market pursuant to a cottage food operation, any such food or beverages will be produced, packaged and made available for direct sale by the owner, a family member or employee in conformity with Section 4 of the Food Handling Regulation and Enforcement Act. (Prior code § 35.1-11; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-4-98, p. 81181; Amend Coun. J. 1-20-99, p. 88037; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 13)

Municipal Code of Chicago § 4-12-120 Assignment of space.

4-12-120 Assignment of space. Available space at any farmers market shall be assigned by the Commissioner on a first-come, non-discriminatory basis based on the order in which permit applications are filed with the Department. (Prior code § 35.1-12; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-4-98, p. 81181; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 14)

Municipal Code of Chicago § 4-12-125 Care of food and related requirements.

4-12-125 Care of food and related requirements. (a) All food that is offered for sale or sold at a farmers market shall be protected from contamination and from the elements at all times while such food is being stored, displayed or sold at a farmers market and during its transportation to the market. (b) All food that is offered for sale or sold at a farmers market shall be clean, wholesome, free from spoilage, adulteration, contamination or misbranding, and safe for human consumption. The standards for judging the wholesomeness of food for human consumption shall be those promulgated by the United States Department of Health and Human Services, Food and Drug Administration, and published in the Code of Federal Regulations at 21 C.F.R. 130, as amended. (c) All permitted prepackaged and non-perishable food or beverages offered for sale or sold at a farmers market shall have been processed in an approved food- processing establishment. (d) Without the express written permission of the Commissioner pursuant to Section 4-12-090, no grower or producer shall cook, cut or otherwise prepare food at a farmers market. (Added Coun. J. 11-4-98, p. 81181; Amend Coun. J. 1-20-99, p. 88037; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 15)

Municipal Code of Chicago § 4-12-130 Violation - Penalty.

4-12-130 Violation - Penalty. (a) In addition to any other penalty provided by law, any person who violates this chapter or any rule promulgated hereunder shall be subject to a fine of not less than $50.00 nor more than $500.00 for each offense. Each day a violation continues shall constitute a separate and distinct offense. The Commissioner may institute an action with the Department of Administrative Hearings in order to determine liability and to seek fines or other remedies authorized by this section. (b) Following notice and an opportunity for a hearing before the Commissioner, the Commissioner may suspend or revoke a person’s permit or deny a person’s permit application if such person is found liable in a judicial or administrative proceeding of two or more violations, in any combination, of this chapter or any rules promulgated hereunder within any 12-month period. The subject matter of any hearing conducted pursuant to this subsection (b) shall be limited to determining whether the permittee has, in fact, been found liable in a judicial or administrative proceeding of two or more violations, in any combination, of this chapter or any rules promulgated hereunder within any 12-month period. (c) If the Commissioner has good cause to believe that: (1) a permittee under this chapter is operating a space in the market in violation of this chapter or any other applicable law; and (2) continued operation of such space in the market poses an imminent danger to the public health or safety, the Commissioner may order the immediate temporary suspension of the applicable permit for a period not to exceed ten days. Written notice of the temporary suspension and the grounds for that suspension shall be sent or delivered to the permittee without delay. The permittee shall have an opportunity for a hearing before the Commissioner prior to the expiration of the ten-day temporary suspension period. If the permittee fails to request a hearing within the prescribed time indicated on the notice, or requests a hearing but fails without good cause to appear at such hearing, such person’s permit under this chapter shall be deemed to be revoked. Nothing in this subsection shall prevent the suspension or revocation of such permit for a longer period pursuant to an action instituted by the Commissioner in the Department of Administrative Hearings. (Prior code § 35.1-13; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-13-19, p. 96592, § 16)

Municipal Code of Chicago § 4-12-135 Additional open air markets.

4-12-135 Additional open air markets. Additional open air markets that are not farmers markets as defined in Section 4-12-010, including but not limited to pilot programs for such open air markets, shall be conducted under the authority of the Commissioner in accordance with rules duly promulgated by the Commissioner. (Added Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 17)
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2611243Fetched: 10/24/2026

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