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TO: Mayor Robert J. O’Connor
FROM: Alex Voigt, Assistant Chief of Staff
DATE: December 20, 2016
SUBJECT:
An Ordinance Amending Chapter 44 of the City of Aurora Code of Ordinances Entitled “Taxation".
PURPOSE:
This proposed amendment is to amend the current code to allow for the limited retail sale of baked goods from home kitchens, commonly known as the "Cupcake Law".
BACKGROUND:
In 2014, the State of Illinois amended the Food Safety Handling Regulation Act to allow for the limited sale of certain homemade food products that are considered by public health professionals to be "non-hazardous". The bill, commonly referred to as the "Cupcake Law" created a new category of food service provider known as a "Home Kitchen Operations” to accompany the previously existing “Cottage Food Operations”. The “Cupcake Law” is only permissible in municipalities which have adopted an ordinance specifically allowing them.
DISCUSSION:
The City of Aurora was approached by a local mother-daughter duo interested in selling allergy-friendly baked goods, which in their experience were not readily available.
City staff, including representatives from Legal, Zoning, the Mayor’s Office and Revenue and Collections reviewed the proposed language. Adoption of the “Cupcake Law” in Aurora provides that residents are able to pursue this avenue of business while still operating under existing local zoning and privilege tax provisions as well as the relevant statutory provisions in the Illinois Food Handling Regulation Enforcement Act. All Home Kitchen and Cottage Food entities will be required to register with the city's Revenue and Collections Department.
A copy of the State Legislation as well as local Zoning and Health Department Regulations are attached for your review.
IMPACT STATEMENT:
N/A
RECOMMENDATIONS:
Request the proposed changes to Chapter 44 of the City of Aurora Code of Ordinance entitled “Taxation” be forwarded to Committee of the Whole.
cc: Alderman Hart-Burns, Chairman
Alderman Bugg
Alderman Franco
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 44 by adding a new Article XV entitled "Home Kitchen and Cottage Food Operations" to the City of Aurora Code of Ordinances
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the State of Illinois has enacted Public Act 098-0643 which amends the Food Handling Regulation Enforcement Act (410 ILCS 625/1) by establishing and defining a new type of food service operation known as the “Home Kitchen Operation”; and
WHEREAS, it is the intention of PA 098-0643 (the “Cupcake Law”) to allow for the limited sale of certain food products made in the home to the general public with less regulatory oversight than customary commercial food products; and
WHEREAS, the Cupcake Law provides that it will take effect only in those municipalities that have adopted an ordinance authorizing the direct sale of baked goods as described in Section 4 of the Food Handling Regulation Enforcement Act.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 44 is hereby amended by adding a new Article XV, entitled “HOME KITCHEN AND COTTAGE FOOD OPERATIONS”:
ARTICLE XV. HOME KITCHEN AND COTTAGE FOOD OPERATIONS
Sec. 44-400. Definitions.
For the purposes of this article, the definitions found in the Illinois Food Handling Regulation Enforcement Act at 410 ILCS 625 et seq. are hereby adopted by reference as if fully set forth herein.
Sec. 44-401. Home kitchen and cottage food operations.
(a) Subject to all applicable city ordinances, including, without limitation, land use and zoning regulations and privilege taxes, the statutory provisions contained within the Illinois Food Handling Regulation Enforcement Act regarding home kitchen and cottage food operations, as now or hereafter amended [410 ILCS 625 et seq.] are hereby adopted by reference as if fully set forth herein.
(b) In the event of a conflict between the provisions of this article, other applicable city ordinances and the statutory provisions in the Illinois Food Handling Regulation Enforcement Act, any and all applicable city ordinances shall control.
(c) The direct sale of baked goods as described in the Illinois Food Handling Regulation Enforcement Act is hereby authorized.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling immediately upon passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any Section or provision of this Ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter.
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PASSED by the City Council of the City of Aurora, Illinois, on ____________________.
AYES __________ NAYS __________ ABSENT ___________
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on __________. .
______________________________
Mayor
ATTEST:
____________________________
City Clerk
City of Aurora
Law Department
44 East Downer Place
Aurora, IL 60507