Download Report

2015
OUTDOOR
FARMERS MARKET
2014
RULES
& REGULATIONS
OUTDOOR
MARKET
RULES & REGULATIONS
Authority to operate is granted by the State of Michigan and the City of Grand Rapids. The Rules and
Regulations were adopted by the Downtown Market Board of Directors. The Downtown Market is subject
to all pertinent local, county, state and federal regulations and laws. All participating vendors are
Authority totooperate
is granted
by the
the State
of Michigan
City of Grand Rapids. The Rules and Regulations
expected
be familiar
with
following
rulesand
andthe
regulations.
were adopted by the Downtown Market Board of Directors. The Downtown Market is subject to all pertinent local,
The
purpose
offederal
the Rules
and Regulations
is to govern
the operation,
management of
county,
state and
regulations
and laws. All participating
vendors
are expectedadministration
to be familiar withand
the following
the
Outdoor
Farmers
Market
under
control
of
the
Downtown
Market
Board
of
Directors.
The
Downtown
rules and regulations.
Market and its designated agents will implement and enforce all rules, regulations and policies pertaining
to
operation
and management
Outdoor
Farmers
Market in and
a fair
and equitable
Thethe
purpose
of the Rules
and Regulations isoftothe
govern
the operation,
administration
management
of the manner.
Outdoor These
Rules
are subject
to review
and
change,
the most
up toand
date
version, please
Market and
underRegulations
control of the Downtown
Market
Board of
Directors.
Thefor
Downtown
Market
its designated
agents visit
www.downtownmarketgr.com.
will implement and enforce all rules, regulations and policies pertaining to the operation and management of the
Outdoor Market in a fair and equitable manner. These Rules and Regulations are subject to review and change, for
the most up to date version, please visit www.downtownmarketgr.com.
1. Overview
1.1. The Outdoor Farmers Market will open for the season Saturday, May 23, 2015 and will run for 18
1. weeks.
Overview
The last market day of the season will be Saturday, September 19. Official Outdoor Farmers
1.1.
The
Outdoor
Market
will openonly,
for the
season–Saturday
2014, andFarmers
the last day
of theis open rain or
Market hours
will be
Saturdays
9:00am
2:00pm.May
The3,Outdoor
Market
season
will
be
Saturday,
November
22.
Official
Market
hours
will
be
as
follows:
shine. The Outdoor Farmers Market has electricity, water, and Wi-Fi available under the Market Shed
May:
Saturdays 9:00am – 2:00pm
for vendor-only
use.
June – September:
Tuesdays 9:00am – 2:00pm,
1.2. No one may enter the Downtown
Market4:00pm
with intent
to sell products on days other than the
Thursdays
– 7:00pm,
stated Market days unless they have
obtained
prior approval
Saturdays
9:00am
- 2:00pm and have a signed contract on file.
October – November: Saturdays 9:00am – 2:00pm
1.3 All Outdoor Farmers Market vendors are required to attend the pre-season kick-off meeting, to be
scheduled
bymay
theenter
Outdoor
Farmers Market
Marketwith
Manager
and
be heldonprior
the than
season’s
opening
1.2. No one
the Downtown
intent to
selltoproducts
daysto
other
the stated
day. IfMarket
the vendor
is
unable
to
attend
the
meeting,
he
or
she
must
make
arrangements
with
the
days unless they have obtained prior approval and have a signed contract on file.
Outdoor Farmers Market Manager to meet one-on-one to obtain all necessary vendor information
and to provide all required paperwork prior to the opening day of the Outdoor Farmers Market. No
is fully
accepted
as an Outdoor
Farmers Market vendor until all paperwork is on file.
2. vendor
Products
Allowed
at the Downtown
Market
2.1. The Market is for the sale of quality fresh fruits, vegetables, meats, poultry, eggs, cheese, other
related
food items,
plants,
and flowers.
The Market Manager has the right to request the removal
2. Products
Allowed
at the
Downtown
Market
of unwholesome products.
2.1. The Outdoor Farmers Market is for the sale of quality fresh fruits, vegetables, meats, poultry,
2.2. Antiques,
arts and
crafts,food
jewelry,
and/or
rummage
itemsand
cannot
sold.
Yard and
garden
items
eggs,
cheese, other
related
items,
plants,
flowers,
newbethis
season,
certain
household
and
maycare
be allowed
as room products.
permits. These
be made
by theManager
seller andhas
mustthe
have
prior
personal
value-added
The products
Outdoormust
Farmers
Market
right
to request
approval from the Market Manager.
2015 – Outdoor Farmers Market | Rules & Regulations
1
2014 Outdoor Market Rules & Regulations
the removal of unwholesome products.
2.2 The Outdoor Farmers Market does not permit the sale or sampling of alcoholic spirits, including
but not limited to hard cider, distilled beverages, spirits or liquors by any Outdoor Farmers Market
vendors.
2.3. Antiques, arts, crafts, jewelry, and/or rummage items cannot be sold. Yard and garden items
may be allowed as room permits. These products must be made by the seller and must have prior
approval from the Outdoor Farmers Market Manager.
2.4. Products produced under Michigan’s Cottage Food Law cannot be sold at the Downtown Market.
Home-baked items or home-prepared foods cannot be sold unless they are prepared in a state
certified/licensed kitchen under a business name, and made from Michigan products. All products
requiring licensing must have copies of appropriate licenses on file with the Downtown Market prior to
selling the products.
2.5. New this season, certain household and personal care value-added products may be sold at the
Outdoor Farmers Market. These products may include items such as detergent, soaps,
aromatherapy, candles, lotion, and lip balm. All products must be made by the seller and must have
prior approval from the Outdoor Farmers Market Manager.
2.6. The sale of animals will not be allowed at the Outdoor Farmers Market.
2.7. No aggressive or invasive product that is a threat to our ecological system may be sold at the
Outdoor Farmers Market.
2.8. Market stalls shall not be rented by non-profit organizations to promote, market, or raise money
for the organization.
3. Growers & Producers
3.1. Growers are vendors who grow 80% or more of the products they offer for sale. A farm visit may
be required prior to, or after acceptance to the Outdoor Farmers Market to ensure the vendor grows
80% of what is sold. After acceptance to the market, if there is doubt at any time as to whether a
grower is growing 80% or more of the products they are selling, the Outdoor Farmers Market
Manager may request an on-site tour of the farm. The 20% that the vendor does not grow or raise
must be entirely Michigan-grown or Michigan-raised product. If asked by the Outdoor Farmers Market
Manager or by a customer, the vendor MUST disclose the sources of the 20%.
3.2. A producer is a market vendor selling food products made by the seller in a state
certified/licensed facility. A copy of applicable licenses must be submitted with vendor application and
be on file in order to sell products at the Outdoor Farmers Market.
4. Incubator Kitchen Businesses
4.1. The Downtown Market’s onsite licensed Incubator Kitchen works as a catalyst for both
cooperative education and small business development. It aims to be an inclusive space for
food start-ups and entrepreneurs who are seeking resources, support, and technical
assistance.
4.2. Market management may allow Downtown Market Incubator Kitchen businesses to participate in
the Outdoor Farmers Market, with no more than one (1) stall per Incubator Kitchen business.
4.3. To participate in the Outdoor Farmers Market, all Incubator Kitchen businesses must complete
2015 – Outdoor Farmers Market | Rules & Regulations
the Application for Incubator Kitchen Businesses. They are subject to the same rules and
regulations.
5. Market Hall Businesses
5.1. Market management may allow up to five (5) Market Hall businesses to sell value-added
products or prepared foods per Outdoor Farmers Market day, as previously approved through leasing
agreements.
a. To participate in the Outdoor Farmers Market, all Market Hall businesses must apply,
using the standard procedures. They are subject to the same rules and regulations.
b. Market Hall businesses will be allowed no more than one (1) stall per market day per
business.
c. The products being sold at the Outdoor Farmers Market must be approved products.
The business may not sell more than 25% of what is already sold/available for purchase
within the Market Hall, at the Outdoor Farmers Market. (ie: If a business has 16 different
varieties of breads or sauces, they may sell only up to 4 varieties at the Outdoor Farmers
Market.)
6. Food Trucks and Food Carts
6.1. Food truck and food cart vendors sell ready-to-eat food.
6.2. The Outdoor Farmers Market may allow up to two (2) food trucks & two (2) food carts to sell at
the Outdoor Farmers Market, with prior approval by Outdoor Farmers Market Manager. These
vendors will be located outside of the Market Shed itself (not in any of the stalls within the Shed
area.)
6.3. Location assignments for all food trucks & food cart vendors will be made by the Outdoor
Farmers Market Manager.
6.4. No food truck or food cart vendor will be allowed to participate in the Market if they have not
been approved, and if the required paperwork is not in place. The Outdoor Farmers Market Manager
must have in his/her possession:
a.
b.
c.
Completed and signed approval
Proof of insurance
Copies of required licensing
7. Seasonal Stall Rental
7.1. Vendors wishing to be seasonal vendors must complete the Application for Seasonal Vendors.
Seasonal stalls will be assigned at the discretion of the Outdoor Farmers Market Manager.
7.2. Seasonal stalls will be assigned prior to the opening of the Outdoor Farmers Market. Seasonal
renters may be offered the stalls they occupied the prior year, although it is not guaranteed.
7.3. Seasonal stall renters reserve their space for the entire season. Seasonal stall renters MUST be
set up in their assigned stall no later than 8:00am every Market day and may begin selling before
9:00am. If not in place by 8:00am, the stall will be considered open and available for the day and
may be rented to another approved vendor unless the Outdoor Farmers Market Manager is notified
2015 – Outdoor Farmers Market | Rules & Regulations
of an extenuating situation to cause an arrival delay. Please carefully read and understand paragraph
7.13 for additional implications of late arrivals and rental offers for these stalls.
7.4. In the event a seasonal vendor sells his farm or business during the market season, or for any
other reason, leaves their farm or business, their stall(s) may be subject to reassignment by the
Outdoor Farmers Market Manager. Market privilege may be transferable to new owners of the farm
or business at the discretion of Market Management. New owners of the farm or business may
continue that business owner’s seniority as long as one full season does not lapse between the
transfer of ownership.
7.5. Seasonal renters who are going to be absent on specific market days must let the Outdoor
Farmers Market Manager know when they will be absent and their expected return. Neither
partial/pro-rated nor full refunds will be made for market days not attended.
7.6. In the event a seasonal stall space is left vacant for more than 2 consecutive Saturdays during
the market season, that stall will be considered available, unless the departure of the vendor falls
within the parameters of paragraphs 7.4. or 7.5.
7.7. No stall refunds will be made for early departure, exit or opting out by a seasonal vendor from
the Outdoor Farmers Market except for those vendors who fall within the parameters of paragraph
7.4.
7.8. First time seasonal vendors will be offered a one-month probation period with a one-season
participation agreement stipulating products to be sold. Provided there are no violations during the
one-month probation period, vendors will be allowed to stay for the remainder of the season.
7.9. In the event that one or more stalls become available and a seasonal vendor would like to move
to that available stall, vendors with seniority will have priority. Market Management will have final say
in a vendor move to ensure consistent product mix throughout the market.
7.10. There may be a waiting list for seasonal stalls. The Outdoor Farmers Market Manager
maintains this waiting list. Vendors should regularly attend the Downtown Market as a daily vendor in
order to be placed on waiting list. Should one or more seasonal stalls become available, the Outdoor
Farmers Market Manager uses the list to fill open stalls. In the interest of the Market as a whole
and/or for the best “balance” at the Market, the Outdoor Farmers Market Manager may select a
vendor who is not at the top of the list. The Outdoor Farmers Market Manager will also take the
following into consideration:
a.
b.
c.
d.
e.
f.
g.
Growing all of what is being sold
Active participation/regular attendance at the Market as a daily vendor
Product quality, appearance, and display
Violation history
Desirability of crop (uniqueness, exceptional quality, in-demand)
Local Product
Current Downtown Market Business
7.11. A 50% non-refundable deposit per stall is due after being accepted and before the opening day
of the Outdoor Farmers Market. Balance for the season is due on or before Monday, July 13, 2015.
If the balance is not paid by the due date, the vendor will immediately lose selling privileges at the
Outdoor Farmers Market until it has been paid in full. If a vendor has an outstanding balance from
past seasons, they will not be accepted until all balances are paid in full.
2015 – Outdoor Farmers Market | Rules & Regulations
7.12. The Market Shed has 52 stalls, four (4) of which are corner stalls. Seasonal stall rates are as
follows:
a. $200 per stall
b. $250 per corner stall
c. There will be no option to convert to a daily vendor once the market season opens.
7.13. New this season, a seasonal vendor is allowed to rent up to two (2) adjacent stalls at any one
time (meaning that a vendor could rent up to 4 adjacent available stalls per market day). Seasonal
stall renters wishing to rent an adjacent available stall for the day must get permission from the
Outdoor Farmers Market Manager prior to “taking over” the available stall. There is a $10/stall
fee/market day for additional stalls.
7.14. Seasonal stall renters are encouraged to use the Downtown Market as a CSA hub during
Outdoor Farmers Market hours as stated in section 1.1.
8. Daily Stall Rental
8.1 Vendors wishing to be day vendors must complete the Application for Daily Vendors.
8.2. No daily vendor will be approved or allowed to participate in the Market if the required paperwork
is not in place. The Outdoor Farmers Market Manager must have in his/her possession:
a. Complete and signed applications with approval
b. Proof of insurance
c. All necessary license and certification information required for the operation of his/her
business and/or the sale of his/her products.
8.3. Vendors wishing to rent a day stall(s) during the market season must do the following:
a. Contact Outdoor Farmers Market Manager 48 hours (by Thursday) before the Market day a
vendor wishes to vend, and indicate interest in attending and numbers of stall(s) vendor
wishes to request.
b. Decisions for day stall rentals will be made by the Outdoor Farmers Market Manager and will
be based on stall availability and product mix.
c. If the Outdoor Farmers Market Manager approves a vendor request, the vendor will be
contacted by Market Management at least 24 hours prior to market day to inform the vendor
of the approval and the stall(s) location for that market day.
d. Approved day stall renters must be in their assigned stall no later than 8:00am on market day
and must report to the Outdoor Farmers Market Manager to pay their stall fee prior to 9AM.
8.4. In order to plan for and to provide a good mix of vendors, the Market will not rent out stalls to
daily vendors on market day. All arrangements must be pre-approved.
8.5. Entry into the Downtown Market with intent to sell is prohibited unless the proper fee is paid to
the Outdoor Farmers Market Manager and a daily stall has been assigned. Payment of daily fees
allows vendor one Market session.
8.6. Daily stall rates are $30 per stall/Saturday. Because a stall is guaranteed “held” for a Daily
vendor, the $30 stall fee will be charged even if you do not attend, unless the Outdoor Farmers
Market Manager is notified of an extenuating situation. There will be no option to convert to a
2015 – Outdoor Farmers Market | Rules & Regulations
seasonal vendor once the market season opens.
9. Vendor Conduct
9.1. Downtown Market staff and its businesses and vendors shall not discriminate against any
worker, employee or applicant, or any member of the public with respect to race, creed, color,
religion, sex, age, height, weight, marital status or national origin in accordance with the United
States Constitution and all governing laws or regulations. Violation of anti-discrimination laws or
behaviors deemed to violate such laws may result in eviction from the market with no refund
of fees or rent paid.
9.2. Downtown Market will accept a variety of Food Assistance Programs. Rules and regulations
vary from program to program; however all vendors who are eligible are expected to participate.
These programs may include, but are not limited to: SNAP (MI Bridge Card), Double Up Food Bucks,
WIC Project Fresh, and Market Fresh (formally known as Senior Project Fresh). Vendors should not
accept any alternative currencies if his/her farm/business has not been approved, or do not know
what the currency or program is.
9.3. All vendors are expected to accept the Downtown Market gift cards that are sold at the market
administration office. They come in $10 and $25 denominations. Vendors are to give change back
to the customer if the customer does not use the full value of the gift card.
9.4. Vendors may not move to another stall without the permission of the Outdoor Farmers Market
Manager, and no stalls may be sub-leased. Unused stalls are forfeited to the Outdoor Farmers
Market Manager for reassignment.
9.5. All vendors are expected to stay for the entire duration of the Outdoor Farmers Market hours.
Market Management encourages all vendors to bring along marketing and/or educational material to
pass out to customers if products sell out prior to the end of Market hours.
9.6. Vendors must stay within their assigned stall boundaries. Vendors’ products must remain within
the confines of their stall area and cannot extend into the Market walkways. A minimum three- foot
(3’) wide pathway or aisle shall be maintained in designated areas and no obstacles may be placed
in pathways, aisles, or frontage that could cause a pedestrian to fall.
9.7. Vendors must provide their own tables and/or displays. In the event that an extension cord is
used, vendors must secure it so as to not cause an unsafe condition for pedestrians (taped down or
covered). No materials, including tarps or other coverings may be hung from the Market Shed. Tents
and coverings shall be anchored by heavy weights or safely secured to insure stability in windy
conditions. No staked tents are allowed. No banners or signs may extend beyond stall boundaries or
into the Market Shed walkways.
9.8. All vendors must display a sign with their business name clearly visible to the public. All signage
must be hung parallel to the Market Shed (north/south), signage may not hang into walkway
(east/west). The Downtown Market will provide seasonal vendors (at a one time cost to vendor)
with a sign upon acceptance into the Market. Application forms for signage are available from the
Outdoor Farmers Market Manager. This sign is required and must be kept in good condition. Daily
vendors may purchase a sign from the Downtown Market, but are not required to. Note: if signage
must be replaced, it will be at the cost of the vendor and must be on site by the first Market day
following the replacement or a violation will be issued.
2015 – Outdoor Farmers Market | Rules & Regulations
9.9. The Downtown Market does not intend to set vendor prices. However, vendors should keep in
mind that this is a retail market, not a wholesale market. Fair retail prices are expected. Vendors will
not regularly practice distress pricing.
9.10. Vendors are required to leave their assigned space clean and swept. Vendors are not to use
trash receptacles that are provided for customer use. Waste must be placed in the receptacle
provided within the loading dock area of the market, or removed from the site by vendor.
9.11. No animals or pets are allowed in the Market with the exception of guide and service dogs.
Vendors’ pets are not allowed at the Market.
9.12. Market Shed stalls include one (1) parking spot/per stall at the stall; additional vendor vehicles
must be parked offsite and not in the facility parking lot.
9.13. Downtown Market parking lot offers 90 minutes of free parking to all customers; each hour
thereafter will be $2/hour. Each vendor may have one (1) parking ticket/per stall/per market day
validated by the Outdoor Farmers Market Manager.
9.14. Vendors must be respectful of other participants of the Outdoor Farmers Market. Please be
considerate of your fellow vendors and address your personal hygiene. Radio and other noisemaking devices must not disturb other vendors and Market customers.
9.15. Vendors are not permitted to consume alcoholic beverages or controlled substances in any
form during Outdoor Farmers Market hours.
9.16. No ‘hawking’ of products shall be allowed.
9.17. The Downtown Market is a smoke-free campus; no vendor, their employees, or customers are
permitted to smoke on the premises. This includes e-cigarettes.
10. Compliance with Federal, State, and Local Government Standards
10.1. Each vendor is responsible for obtaining the proper Federal, State, and Local government
licensing and providing the information outlined on the vendor application. Misrepresentation will
result in a violation.
10.2. Vendors must comply with licensing, identification, weights, measures, and handling standards
imposed by Federal, State, and Local governments.
10.3. “Sampling” of products is encouraged, but must be in compliance with the rules set forth by the
Kent County Health Department.
10.4. Vendors claiming to grow organic products must post their organic certification and provide a
copy to the Outdoor Farmers Market Manager. Misrepresentation of items sold will result in a
violation.
11. Liability Insurance
11.1. Vendors are required to carry liability insurance; the coverage required is $500,000.
2015 – Outdoor Farmers Market | Rules & Regulations
11.2. All vendors must provide proof of liability insurance prior to attending the Outdoor Farmers
Market. Proof of liability insurance should be on an Accord 25 General Liability Certificate form and
name all three (3) of the following entities as additional insureds: “Grand Rapids Downtown Market”,
“Grand Action”, and the “Downtown Development Authority”.
12. Interpretation & Enforcement of Market Rules & Regulations
12.1. The Outdoor Farmers Market Manager has the authority to interpret and enforce Market rules
and regulations.
12.2. The Outdoor Farmers Market Manager has the right to inspect any products offered for sale at
any time. Misrepresentation of items sold will result in a violation.
12.3. Vendors who violate the rules and regulations outlined, fail to comply with the vendor
application and/or any additional rules set forth (notified in writing), will be dealt with under the Three
(3) Strikes Rule:
a. The first violation will result in a verbal warning, the second violation will result in a written
warning, the third violation will result in suspension of Market privileges for an amount of time
to be determined by the Outdoor Farmers Market Manager based on the severity of the
offense.
b. Violations may deal with multiple rules or the same rule.
c. Violation records will be maintained by the Outdoor Farmers Market Manager.
d. Vendors who have been suspended shall forfeit rental of their stall(s) during the suspension
period.
e. Complaints or appeals concerning disciplinary actions may be made in writing to the Food
and Farm Advisory Committee. The directions of Market Management must be complied with
until the final resolution of appeal has been made.
12.4. Market Management has the right to deny or restrict any vendor access to the Outdoor Farmers
Market for failure to follow the Rules & Regulations. Concerns, problems, and complaints must be
directed immediately to the Outdoor Farmers Market Manager. Any grievance that cannot be
resolved between vendors, or vendors and the Outdoor Farmers Market Manager may be submitted
in writing to the Food and Farm Advisory Committee for settlement.
a. All grievances shall be submitted within one (1) week of infraction.
b. Written account should include details information about who, what, how, where the infraction
occurred, and what (if any) rule is being violated.
c. All grievances will receive a response from Food and Farm Advisory Committee within one (1)
month of submission.
12.5. The Outdoor Farmers Market Manager reserves the right to reject a vendor application if, in the
Outdoor Farmers Market Manager’s judgment, the products are not compatible with the overall
concept of the Market, or good for the overall product “balance” at the Market.
13.
Downtown Market Information Booth
13.1. Space at the Outdoor Farmers Market Manager’s table area is provided only for the Downtown
Market to distribute information to market visitors. Market Management or a designated
representative can be found at the designated table area during Outdoor Farmers Market operational
2015 – Outdoor Farmers Market | Rules & Regulations
hours.
14.
Busking & Street Performers
14.1. Subject to space availability, street performing or busking is allowed in the Outdoor Farmers
Market pursuant to local and Downtown Market regulations.
14.2. Permitted musicians performing at the Market may distribute for free promotional flyers, CD’s,
shirts, stickers, etc. No sales of any kind are allowed by entertainment.
14.3. The performer selection criterion includes, but is not limited to:
a.
b.
c.
d.
e.
Type of performance
Quality of performance
Experience performing in outdoor venues
Previous performance success and behavior
Appropriateness of the activity provided
15. Marketing | Promotions | Events | Educational Activities | Outreach
15.1. Downtown Market Management will market the Outdoor Farmers Market throughout the season
through various outlets, which may include: press releases, social media, fliers, and ads. As a
participating vendor, all vendors are encouraged to help promote the Outdoor Farmers Market
throughout the season.
15.2. Throughout the season, Downtown Market Management may build various promotional
programs to enhance business at the Outdoor Farmers Market. All vendors are expected to
participate in the promotional programs. Some of these programs may include things such as:
a. Downtown Resident Discount Card
b. Frequent Shopper ‘Punch’ Card
15.3. Downtown Market will host regular activities during the Outdoor Farmers Market throughout the
season. These activities will include:
a. Chefs at the Market:
• Chefs at the Market will be a free weekly cooking demonstration, which will take place on
the outdoor terrace. These will begin at 11:00a every Saturday during the Outdoor
Farmers Market season.
b. Kids at the Market:
• Kids at the Market will be free kids activities that will take place outside at the market
every Saturday. The kids activities will be from 10:00a – 12:00p (noon).
c. Entertainment at the Market:
• Market Management will schedule regular entertainment to take place at the Market
throughout the season. Entertainment may include anything from caricature artists,
balloon twisters, musicians, magicians, and more.
15.4. Downtown Market Management encourages market sponsored consumer education that is
intended to promote healthy eating, and supports Michigan farming and sustainability. Events may
include, but are not limited to Ask the Dietitian, and the Master Gardeners.
2015 – Outdoor Farmers Market | Rules & Regulations
15.5. All market vendors are encouraged to participate in neighborhood and community outreach
programs. Programs may include things such as food donations for the neighborhood missions.
Failure to comply with these rules and regulations may be cause for temporary or permanent dismissal
from the Outdoor Farmers Market, hosted by the Grand Rapids Downtown Market.
2015 – Outdoor Farmers Market | Rules & Regulations