2019 Downtown Farmers Market (DTFM) Policy, Procedure, Regulation, & Compliance

Transcription

1 2019 Downtown Farmers Market (DTFM) Policy, Procedure, Regulation, & Compliance The DTFM is owned, operated, and produced by Downtown Community Alliance (DCA). Administrative Policies, Procedures & Participant Expectations are an important component to the success & development of DTFM. This document states the policies & expectations of participating in the DTFM. Participants are expected to display professionalism and conduct themselves and their business in a manner that is respectful toward all participants, staff, and the community. Participants have a responsibility to maintain the integrity, safety, and compliance of Federal, State, City, & DTFM regulations, while creating a Market Community that is a positive experience. 1. Hours of Operation Saturdays, May 4 October 26, 2019 Open to the public: May 4 September 28: 7 a.m. 12:00 p.m. October 5 October 26: 8:00 a.m. 12:00 p.m. May September: Vendor Set-up 5:00 a.m. 6:45 a.m.; Vendor tear-down 12:15 p.m. 1:00 p.m. October ONLY: Vendor Set-up 6:00 a.m. 7:45 a.m.; Vendor tear-down 12:15 p.m. 1:00 p.m. Market hours of operation are 7:00 a.m. 12:00 pm (Oct. 8 a.m. 12 p.m.). All vendors must wait for 7:00 a.m. (Oct. 8 a.m.) to commence sales to the public. The official DTFM bell will ring at 7:00 a.m. (Oct. 8 a.m.) to signal the commencement of sales. No producer/vendor may pre-bag products OR allow customers to shop prior to 7:00 a.m. (Oct. 8 a.m.). The DTFM closes at noon, No sales past 12:10 p.m. 2. A Beautiful Market Participants furnish their own broom, dustpans and trash removal. Prepared food vendors and vendors offering food samples must provide a trash receptacle within vending space. Vendors are responsible for cleaning their stall(s) & removing trash &/or boxes at the end of each DTFM. DTFM cannot remove vendor trash or boxes. Trash, including boxes, MAY NOT be placed in any City or private business trash bin or left on the street. 3. A Peaceful Market Participant shall conduct themselves professionally and behave courteously toward DTFM attendees, other participants, staff, volunteers, entertainers, etc. Conduct deemed inappropriate, unprofessional, offensive or serious will not be enforced with reminders, warnings, or fines, but will result in administrative action devoid warnings or fines, including ejection or barring vendor from selling at the DTFM &/or future DTFM events. 4. No Smoking Smoking is prohibited, by all market vendors/participants, within their stall and on the market premises. 5. No Pets/ No Animals for sale Pets are not allowed in vendor booths. The sale of live animals is not allowed on market premises. Posting of pets/animals for sale is not allowed. 6. Children working at Stalls Participant shall not leave children under the age of 16 at a vendor stall without adult supervision, for ANY amount of time. (Adult = responsible person age 18 or older) 7. Gift Certificates Vendors are expected and agree to accept DTFM Gift Certificates. Vendors will be reimbursed for the full amount of the gift certificates. A check for the amount will be mailed to you. Vendors will not be able to turn in gift certificates at The Market for redemption. It is preferred that Vendors wait to mail DTFM gift certificates until just before due dates noted below, but you may mail them to be held at our office at any time. Schedule for Gift Certificate reimbursement check processing - o Gift Certificates remitted by July 31 Check mailed by DTFM by August 15 o Gift Certificates remitted by October 31 Check mailed by DTFM November 15 o Gift Certificates remitted by January 1 Check mailed by DTFM by January 15 Gift certificates received after due date will be held until the next processing due date. Exception- If a vendor remits Gift Certificates in an amount equal or greater than $50, a reimbursement check will be processed immediately and mailed to vendor within 2-3 weeks. Please use the below mailing address when remitting DTFM Gift Certificates- Downtown Farmers Market 700 Locust St, Suite 100 Des Moines, IA Dumping. Participants are not allowed to give produce or other items away for free or at below cost pricing, thus undercutting potential sales of other vendors. This does not include small tastings or sampling. 9. Vendor Staff & Helpers Vendors, their staff, and all participants are expected to uphold professionalism, know the requirements & expectations, and respect the integrity of the DTFM by adhering to the Policies, Procedures, and requirements of participating in the DTFM. Vendors are responsible for making sure that all persons working at their booth know and adhere to all DTFM guidelines. Please print and share this information with your staff. 10. Electricity Electricity is not available at the DTFM. If a participant requires electricity, they are required to request approval, generators may be approved under certain circumstances. All generators must meet DTFM guidelines AND be approved by DTFM management in advance. DTFM generator guidelines Page 1 of 6

2 include: Generators must be quiet to respect DTFM vendors, customers and residents; Generators causing disruption or complaints will not be permitted; vendor provides generator, extension cord, and cover for the part of the cord that lies in walkways and all areas utilized by public. 11. Insurance Vendor agrees to purchase and provide Certificate of General Commercial Liability insurance with $1,000,000 limits & name Downtown Community Alliance as additional insured and certificate holder. Applicants do not need to show proof of a policy upon submitting application but will be required to provide a certificate of insurance prior to final acceptance. Certificate must be on file at Downtown Community Alliance before acceptance and before vending at the DTFM. Submit Certificate to: farmersmarket@downtowndsmusa.com OR fax to Product Acceptance Policy & Application Process 12. Vendor / Product Selection & Acceptance The Downtown Community Alliance reserves the right to approve, refuse, & limit products to be sold at the DTFM. While exclusivity does not exist, a limited number of vendors will be approved to sell certain products. Vendors are not allowed to add or change product after the application product acceptance process is complete or at all during season. All New Applicants, including Previous Full Season & Occasional Vendors who wish to Add/Change product offerings, are required to apply for the Occasional Vendor New Applicant Program. (See If I have participated previously how can I add /change product? ) All participants apply and are reviewed annually. For applications submitted for Open Categories an acceptance committee convenes once a year to review applications taking into consideration product, as well as previous commitment, attendance, and conduct. Vendors /Products are not selected on a first-come, first-served basis, but on the basis of what DTFM needs to keep it fresh, interesting for the visitors and profitable for our vendors. Each product will be reviewed based on several criteria, including point of origin (where was the produce grown, where is the product from), hand-crafted original design, added value, how much of similar products are currently at the DTFM, and other pertinent criteria. DTFM is committed to choosing a product mix that is attractive to our customer meanwhile keeping the balance of our Farmers Market intact. It is our goal to ensure that at least 80% of products for sale are locally produced farmers market products. While we offer other high-quality products, we balance and limit their availability at the DTFM. Due to DTFM commitment to balancing product mix, some categories are closed for application. Closed categories will not be open for application for New Applicants OR previous Occasional or Full Season Vendors who wish to Add or Change their product offerings. ***Applications submitted for closed categories will not be reviewed and the application fee will not be refunded, be sure to review the Open/Closed category information in Vendor Information Guide, with final postings prior to the 2019 Application process.*** Stall Policy & Set-up Procedures 13. Emergency/Urgent Closure With regard to the personal safety of vendors, patrons, and the general public Market Management will determine if or when a closure or cancellation of the Market is imminent. With the assistance of local police, Operation Downtown, and volunteers the message and pertinent information will be broadcast to onsite vendors via siren, fog horn type sound, and/or verbal announcement. Because of the variable nature of a potential emergency or urgent situation vendors are expected to be on alert and required to adhere to the direction given in the emergency or urgent situation. If the Market is closed or cancelled: 1. Vendors are required to shut down immediately and remain closed for the day(s) noted. 2. Vendors are not allowed to sell product on, in, or near Market premises 3. Vendors are required to take cover and/or promptly exit the market site completely, including removal of product, equipment, & vehicles. Conduct of disregard to Emergency Closure procedure will result in administrative action devoid warnings or fines, including ejection and/or barring vendor from selling at the DTFM and/or future DTFM events. 14. Vendor Identification/Signage Each booth space must prominently display a sign clearly identifying the farm or business by name and the location of the farm or business. Signage and postings must be placed within the vending stall by opening bell. Signage cannot be placed on sidewalks or patron walking area. Signs must not be smaller than 8x10 and must be legible. No other business name or logo can be used or included in onsite signage or leaflet / handouts. 15. Posted: Origin/ Price/ Amount of Product All items for sale must be marked clearly with its retail price. Prices may be posted on or near the product with an individual sign or posted as a list of prices on a large sign or board. All vendors must post origin of produce/product. Items must be labeled, measured, and priced by weights or unit. (I.E: piece, dozen, flat, ounce, etc.). All descriptions of products must be accurate & truthful. Only vendors who have been approved may sell brokered produce/products. 16. Equipment & Supplies Vendors furnish their own tables, chairs, canopies, cash-box and change. Page 2 of 6

3 17. Set-up times, arriving and entering with vehicle May September Market Hours 7:00 a.m. 12:00 p.m. o 5:00 a.m. DTFM Street Use Permit begins. No Vendor can begin set up before 5:00 a.m. o 5:00 a.m. - If stall is available (see unwanted vehicles & obstacles ), Full Season vendors may begin setting-up at 5:00 a.m., not earlier. o 6:00 a.m. - Occasional vendors are allowed to arrive for set up. Occasional vendors are not required to check in at the Market, but Market staff is available for assistance at the Information Booth located at 3 rd and Court. o 6:45 a.m. - Vendor vehicles must exit the Market by 6:45 a.m. If a situation arises where a vendor needs to arrive after 6:45 a.m., vendor will need to park outside of the Market and carry in items. o All vendors/participants are not allowed to drive vehicles into the market area after 6:45 a.m., and NOT before 12:15 p.m. (see Take-Down & Exiting ). October ONLY Market Hours 8:00 a.m. 12:00 p.m. o 6:00 a.m. DTFM Street Use Permit begins. No Vendor can begin set up before 6:00 a.m. o 6:00 a.m. - If stall is available (see unwanted vehicles & obstacles ), Full-Season vendors may begin setting-up at 6:00 a.m., not earlier. o 7:00 a.m. - Occasional vendors are allowed to arrive for set up. Occasional vendors are not required to check in at the Market, but Market staff is available for assistance at the Information Booth located at 3 rd and Court. o 7:45 a.m. - Vendor vehicles must exit the Market by 7:45 a.m. If a situation arises where a vendor needs to arrive after 7:45 a.m., vendor will need to park outside of the Market and carry in items. o All vendors/participants are not allowed to drive vehicles into the market area after 7:45 a.m., and NOT before 12:15 p.m. (see Take-Down & Exiting ). 18. Stall Setup, Unloading and Parking Vendor stalls do not allow space for a vehicle. Vendor must move vehicle out of DTFM premise promptly after unloading and before setting up booth and product. Vehicles used for loading an unloading may not block street, vendor must park vehicle as to not block others from driving down street and to not block neighboring vendor stalls. Parking options include a parking ramp located at 3rd and Court. Additional parking lots are available between 5 th and 6 th Streets south of the Courthouse, the NE corner of 2 nd and Court, and the SE corner of 2 nd & Court. 19. Set up in Street All vending tables, tents, merchandise, inventory, and signage must be set up in the street, butted up against the curb. No using nearby sidewalk or space outside of assigned vending stall. No sampling outside of stall space. To maintain a safe environment for all No exceptions will be made. 20. Sampling & Attracting Customers Sampling is encouraged as long as it is within assigned stall space, in small amounts (less than 1oz), and peaceful. No sampling outside of stall space. No attempting to attract customers by making noise and/or shouting. 21. Appropriate use of Stall space Vendors with stalls on Court Ave are required to show product and sell toward sidewalk and toward street, (toward front and back of stall). Most DTFM stalls are 10x10, except for all stalls located on the South side of Court Ave. which are approx. 10x15. Vendors on South side of Court Ave must appropriately use the extra space provided. Other DTFM stall locations that require vendor to sell toward street and sidewalk include all stall locations on Court Ave, stalls on SW & NW side of 4 th St. Vending stall locations that require selling to just street include NE & SE 4 th St. and all stall locations on 2 nd Ave. If vendor is unable to use selling space appropriately, as indicated in this policy, vendor will be reassigned to a stall location that works for vendor set up needs and the DTFM. 22. Take-down & Exiting the Market area The DTFM closes at noon. Vendors may not sell past 12:10 p.m. Vendors are not allowed to drive vehicles into Market area until 12:15 p.m. Please plan and park accordingly. To ensure a smooth transition for the entire DTFM community vendors are required to prepare and pack product & equipment and completely take down booth and be ready to load vehicle BEFORE driving vehicle into market area. Vehicles used for loading can not block street. For safety reasons, the street is barricaded until 1p.m. To ensure the safety of your market peers, any barricades moved by you while entering or exiting must be replaced by you. Vendors who have sold out of product before 12:00 p.m. may not begin tearing down before DTFM closes at noon, and also cannot enter the market area with vehicle before 12:15 p.m. 23. Unwanted Vehicles/Street Obstacles DTFM staff works closely with City Officials all year and each market week to minimize the effects of street obstacles, however due to the nature of the DTFM location there are occasionally street construction materials or general obstacles, and sometimes unauthorized vehicles in market stalls. DTFM officers & staff work with designated towing company to remove vehicles from vending spaces. On occasion, beyond DTFM control, circumstances prohibit the removal of vehicles or obstacles. When this occurs, DTFM staff will work with vendors assigned to the affected space to relocate vending location. 24. Stall Location & Amount of Space The DTFM is very limited in regard to useable space available for vending stalls. Vendors are leased one stall. Stall is approximately 10x10, however vendors assigned to the south side of Court Ave will have approx. 10 x 15. Stall assignment and amount of space is subject to change. Full Season vendors are assigned a stall at the beginning of the season. Vendors participating in the Occasional Vendor program will be assigned a stall location by the Friday prior to vending. Vendors can view their stall assignments by logging into their online account and clicking on the Schedule tab. For applicants who previously participated: DTFM does not guarantee stall location or amount of space will be the same as the previous season. The stall location and amount of space leased to vendors is based on many factors & criteria, including (but not limited to); the needs of the Farmers Page 3 of 6

4 Market (such as pedestrian walkways, vendor & product mix, City requirements), specific set up needs for vendor, previous use of space by vendor, local construction or similar street disruptions, etc. Vendor Space Allotment: One stall per Full Season and Occasional vendor. The DTFM reviews each unique situation to determine the need for more than one stall or the maximum two stall allotment. If need is reviewed, demonstrated, AND available a Full Season vendor may be considered to be leased the maximum of two stalls. A previous vendor that was leased more than two stalls may request the DTFM to review the same; however DTFM cannot lease additional space to previous full season vendors. 25. Leasing Space Leases are valid for one season. Many Full-Season and Occasional vendors are invited to apply to return to sell at the DTFM. Each vendor must apply and be accepted to vend each year. If a vendor sells their business, they may not transfer the leased DTFM space to the new owner. The new owner must submit an application as a New Applicant. Full Season vendor Lease is Not available for New Applicants or for 2018 Full Season Vendors applying to sell a different product. Previous Full Season vendors are invited to apply and are reviewed based on commitment, attendance, conduct, and product. Requests to add/change product/category will not be considered. Variations within subcategory such as produce varieties (if open) or flavor change for jam may be acceptable. A waiting list does not exist; alternatively, New Applicants are invited to participate in the DTFM Occasional Vendor Program. In order for a New Applicant or Occasional Vendor to be considered for a Full-Season Vendor Lease: New Applicant /Occasional Vendor must first participate in the Occasional Vendor Program for at least one full DTFM season AND the product they offer must be in the Iowa Farmer/Producer 100% Grower category and available May Oct. Occasional vendor Lease provides a week-to-week variety of product to the DTFM, while offering opportunity to 200 additional local growers, artisans, & small businesses which the DTFM could not include without utilizing the Occasional Vendor Program and rotation. An Occasional Vendor is: a.) an Iowa grown food producer that is new to the Downtown Farmers Market b.) a grower wishing to sell seasonal Iowa raised product & does not have the capacity or amount of product to serve the Market from 7:00 a.m. Noon during the entire Market season. c.) a vendor who does not sell exclusively Iowa raised product grown by vendor (crafts, packaged food, clothing, jewelry, prepared food, etc). d.) a vendor that agrees to be scheduled occasionally throughout the DTFM season and assigned various stall locations After an Occasional vendor has been accepted, information regarding scheduled dates for the entire season will be available in their online account. Occasional Vendors are not assigned a permanent stall location, alternatively they are rotated and assigned stalls throughout the DTFM based on vendor product, space availability, and strategic balancing. 26. Subleasing Space and Transferring Vendor Contract Vendors may not sublet space or sell product for other people/businesses. Vendor contracts are not transferable at any time to other people or business. No other business name or logo can be used or included in onsite signage or leaflet/handouts. Page 4 of 6

5 Fees & Attendance Policy 27. Vendor Fees All Applicants pay a $60 annual non-refundable application fee. Fees are expected to be paid by due date noted in online account. Unpaid or late payments, by full season or occasional vendors, may result in temporary or permanent loss of stall privileges. Full season vendor fees are based on product category, stall location & size. Fees are invoiced in online vendor account and paid online by credit card or E-check. Full season vendor fee is due by date noted in Invoice. Occasional vendors are charged $55/day, per stall (approx. 10x10). Occasional Vendor fees are due in three separate increments as noted: Invoice #1 is due April 1 (all May & June dates), Invoice #2 is due May 1 (all July & August dates), Invoice #3 is due June 1 (all Sept. & Oct. dates). After an Occasional Vendor is accepted into the Market they will be scheduled for specific dates May Oct., once the vendor accepts the scheduled dates (by date noted in acceptance ), they will then be invoiced the appropriate stall fee(s) in online vendor account. NOTE: Scheduled dates are considered final and accepted by the vendor after date noted in acceptance , and all fees will be invoiced according to the scheduled dates. Any changes and/or cancelations to an accepted vendor schedule must be made by date noted in acceptance , in order for the occasional vendor to forgo the fee charged for a scheduled date. Cancelation or no-show date fees are not refunded or waived. 28. Attendance Policy/Cancelation/Refunds Attendance by all scheduled vendors is vital to all market dates. When a vendor, Full Season or Occasional, does not show up for a scheduled market appearance or leaves early the entire Market Community is affected. Vendors not able to attend a scheduled market date are required to notify DTFM (kfoss@downtowndsmusa.com) with as much notice as possible. Failure to notify DTFM management of an absence in writing and repeat absences, planned or unplanned, may result in loss of stall privileges. Unforeseen emergencies will be taken into consideration on a case by case basis. Cancelation or no-show date fees are not refunded or waived. a. Full Season is only for vendors who are committed to attending all market dates. Vendors must first participate in the Occasional Vendor Program for at least one full DTFM season AND the product they offer must be in the Iowa Farmer/Producer 100% Grower category. DTFM realizes personal obligations are part of life i.e. funerals, weddings, graduations, etc. and may interfere occasionally with the Market. Full Season vendors are required to notify management of planned absences. Planned absences should be communicated on Official Market Application & in an prior to date. Full Season vendors are allowed 2 absences during this market season. All vendors must notify DTFM in writing prior to absence as soon as vendor is aware they will be absent. Failure to notify DTFM of an absence in writing and repeat absences, planned or unplanned, may result in loss of stall privileges. Refund: Full Season vendors who pay and then need to cancel before opening day of DTFM season may be eligible to receive a 90% refund of booth fee; cancelations after opening day and before June 1 st may be eligible to receive a 50% refund; No refunds after June 1 st. Refund must be requested by vendor, in writing, within 30 days of occurrence. Full season vendor fee is due in full by date noted on Invoice. Unpaid or late payments may result in temporary or permanent loss of stall privileges. b. Occasional vendors request dates to be considered on vendor application. Occasional vendors should not request dates that they cannot attend. Occasional vendors will be assigned dates based on vendor product, space availability, and strategic balancing. Dates will then be approved by vendor and deemed final after date noted in acceptance . Any changes or cancelations to an accepted vendor schedule must be made by date noted in acceptance , in order for the vendor to forgo the fee charged for a scheduled date. NOTE: Scheduled dates are considered accepted by the vendor after date noted in acceptance , and all fees will be invoiced according to the scheduled dates. Refunds will not be administered for Occasional vendor cancelations or no-shows. Occasional Vendor cancelations or no-shows are required to pay the invoiced fee, regardless of cancellation or no-show. Vendors are required to notify DTFM management at least 48 hours in advance if unable to attend scheduled date, in effort to communicate with DTFM management and to remain on roster for remainder of scheduled dates. Failure to notify DTFM of an absence in writing and/or repeat absences, planned or unplanned, may result in loss of stall privileges. After 2 cancellations or no-shows during the season, the Occasional vendor will be taken off the schedule for the remainder of the season. Participant Agrees to Compliance & Enforcement Procedure 29. Vendors/Participants are expected to display professionalism and conduct themselves, and their business, in a manner that is respectful, honest, and courteous toward the DTFM, and its participants, staff, and the community. DCA retains the right to prohibit a person and/or business from participating in the DTFM for conduct deemed inappropriate and/or unprofessional, devoid verbal or written warnings or fines. 30. Rules of the Downtown Farmers Market (DTFM) are enforced by the Downtown Community Alliance (DCA) designated as DTFM management. If a vendor/participant disregards Policy or Procedure of the DTFM or does not comply with federal, state, or local regulations, applicable to DTFM participation, DTFM management will proceed accordingly, action may include assessing fines or prohibiting the vendor from selling at the DTFM temporarily or permanently; without refund. 31. DTFM management and assigned entities will randomly evaluate participants using the Vendor Compliance Checklist. Compliance and enforcement may include verbal reminders, written notice of non-compliance, notices &/or fines. If a vendor is issued a reminder or warning vendor must adjust in effort to comply with DTFM requirements on the day the warning is issued or before continuing participation in the DTFM. Page 5 of 6

6 32. Non-compliance, unless otherwise noted within the rule or deemed and exception, will result in the following: One verbal Reminder/Warning No fine; First written offense - $25; Second written offense - $50; Fines must be paid before continuing participation in DTFM. Third written offense will cause the vendor to lose privilege to sell at the DTFM. *Warnings & fines are not required or used in circumstances deemed as inappropriate conduct, as noted, for example in #29. Actions deemed offensive or serious will not be enforced with reminders, warnings, or fines, but will result in administrative action devoid verbal or written warnings or fines. 33. Vendor complaints or concerns should be directed to DTFM management in a timely manner. Customer compliments and complaints will be forwarded to vendors and kept of file. Complaints may result in further inquiry or disciplinary action, including barring vendor from selling at the DTFM temporarily or permanently, devoid written or verbal warning or fines. 34. DCA reserves the right to make amendments or exceptions to these Market Policies & Procedures. Page 6 of 6