Aurora, Illinois

File #: 16-01212    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 12/20/2016 In control: City Council
On agenda: 1/24/2017 Final action: 1/24/2017
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
Attachments: 1. Cupcake Law (410 ILCS 625/3.6 & 625/4), 2. City of Aurora Zoning Ordinance 7.3 Residential District Specific Regulations, 3. Kane County Cottage Food Application, 4. Will County Cottage Food Application, 5. DuPage County Cottage Food Registration
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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 Har...

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