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HomeMy WebLinkAboutResolution No. 08-7045 - Authorizing Farmers' Market & adopting Operating RulesRESOLUTION NO. 08-7045 [ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY-SPONSORED CERTIFIED FARMERS’ MARKET, ADOPTING OPERATING RULES, AND AUTHORIZING SPECIFIC LICENSE WAIVERS. WHEREAS, provisions of the California Code of Regulations, Title 3, Division 3, Chapter 1, Subchapter 4, Article 6.5: Direct Marketing, allow for the formation of certified farmers’ markets for the purpose of direct farmer to consumer sales of certified and non-certified agricultural goods; WHEREAS, farmers’ markets promote community involvement and have been shown to revitalize redevelopment areas; WHEREAS, city residents derive a direct benefit from the presence of a farmers market through access to fresh, locally grown produce; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The implementation of the Downtown Downey Farmers' Market is hereby approved . SECTION 2. The Market Rules of the Downtown Downey Farmers’ Market are hereby adopted and attached as Exhibit A. [SECTION 3. The City business license requirements are waived only for those vendors holding valid producer permits from California Department of Food and Agriculture. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 12th day of February, 2008. Bm\MAYOR ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk //// RESOLUTION NO. 08-7045 PAGE TWO I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 12th day February, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : 5 Council Members: Bayer, Cartozian, Guerra, Trejo, Mayor Gafin 0 Council Member: None 0 Council Member: None 0 Council Member: None %za//I,,ya' KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 08-7045 PAGE THREE Downtown Downey Certified Farmers Market Rules & Regulations Hours: Saturdays, year-round, rain or shine (except for major holidays) 8:00 a.m. to 1 :00 p.m. \Location : Downtown Downey Second Street between Downey Avenue and New Street Office: 11111 Brookshire Ave Downey, CA 90241 Ph: (562) 904-2180 Fax: (562) 923-6388 RESOLUTION NO. 08-7045 PAGE FOUR TABLE OF CONTENTS I 11 111 PURPOSE TYPE OF MARKET GOVERNANCE ADMISSIBLE VENDORS & PRODUCTS 1 2 IV. Agricultural Producers Prepared Foods Producers Commercial Sellers Arts & Crafts Vendors Non-Profit & Community Organizations Health, Beauty and Spirituality Vendors Youth-Oriented Vendors 3 4 5 6 7 8 9. Performing Artists Sponsors Additional Admissibility Rules 1. Partnership 2. Collective/Co-op 3. Employees V PRODUCER & PRODUCT ADMISSION 1. Application 2. Admission 3. Change of Ownership VI FEES & LOAD LIST 1. Fees 2. Load List VII. RESERVATION & CANCELLATION VIII STALL ASSIGNMENT & SET UP 1. Stall Assignment 2. Stall Set Up 3. Stall Appearance & Product Display tX PERMITS, LICENSES & DOCUMENTATION 1. Certifiable Agricultural Products • Second Certificates Non-certifiable Agricultural Products / One-Stage Processed • Non-certifiable Agricultural Products / Other Products • Avocados • Nursery Stock • Cut Flowers e Organic Products RESOLUTION NO. 08-7045 PAGE FIVE • “No Pesticide" or “No Chemicals” Claims 2. Prepared & Processed Foods • Hot foods and carbonated or effervescent drinks 3. Non-Food Vendors X.POSTINGS 1. Permits & Licenses 2. Second Certificates 3. Producer’s Name 4. Product Information & Claims 5. Packaged Products 6. Scales XI.PRODUCT QUALITY 1. Standards 2. Minimum Grade 3. Product Inspection 4. Customer Complaints XII HEALTH & SAFETY 1. Legal Requirements 2. Stall Implements 3. Clean Selling Space 4. Food Safety 5. Product Sampling 6. Smoking 7. Traffic XIII. STANDARD OF CONDUCT XIV.ARTS & CRAFTS VENDORS 1. Handmade Restrictions 2. Geographic Priority 3. Approved Item Sales Only 4. Setup Times 5. Reapply Annually XV.NON-PROFIT ORGANIZATIONS & COMMUNITY INFORMATION GROUPS 1. Available and assigned space 2. Advertising, Sales, Donation Restrictions 3. Activity Restrictions 4. Content Restrictions 5. Name Displayf XVI. HEALTH, BEAUTY & SPIRITUALITY VENDORS 1. Allowable Products RESOLUTION NO. 08-7045 PAGE SIX 2 3 4 5 6. Product and Services Restrictions Geographic priority Approved Items Sales Only Setup Times Reapply Annually XVII YOUTH-ORIENTED VENDORS 1. Active participation by Youth 2. Content Regulation 3. Updated Paperwork Requirements 4. Approved Item/Services Sales Only 5. Reapply Annually XVIII. PERFORMING ARTISTS 1. Artist Selection 2. Performance Regulations 3. Sales and Advertising by Performers XIX. VIOLATIONS & PENALTIES 1. Non-Compliance 2. Customer Complaints 3. Due Process XX. MISCELLANEOUS 1. Events & Activities 2. Suggestions XXI. SIGNATURE & HOLD HARMLESS RESOLUTION NO. 08-7045 PAGE SEVEN I. PURPOSE The Downtown Downey’s Certified Farmers' Market (“the Market”) is intended to foster a sense of community; increase civic pride; promote healthy lifestyles; encourage environmental responsibility through sales of California-grown produce; and to promote business in the downtown core. The market goals are to: • Provide fresh, California-grown options for purchasing fruits, vegetables, nuts, cut flowers and other certified agricultural items • Increase community involvement and civic participation by fostering interaction between residents and neighbors. • Increase pedestrian traffic through the downtown area, thereby increasing patronage of downtown restaurants and businesses. • Promote Downey’s image as a healthy, vital community in the Gateway of Los Angeles. • Provide outreach opportunities for community groups such as Boy Scouts, Girl Scouts, voter registration drives, and other activities vital to the city’s civic development. II. TYPE OF MARKET The Market is a Certified Farmers’ Market, certified by the Los Angeles County Agricultural Commissioner as a direct marketing outlet for California Certified Producers. It is operated in accordance with regulations established in the California Code of Regulations (formerly California Administrative Code) (Title 3, Division 3, Chapter 1 , Subchapter 4, Article 6.5, S 1392) pertaining to Direct Marketing. All participating producers are expected to be familiar with the provisions of the Direct Marketing Regulations. III. GOVERNANCE The Downtown Downey Certified Farmers' Market is managed and operated by under the supervision of the Farmers’ Market Board and the City of Downey, California. The Market Manager, designated by , is responsible for making, implementing and enforcing all policy decisions in a fair and equitable manner. The Market Manager, the Market Board, or the City of Downey, may at any time, amend, delete or modify the following Market rules and policies. Whenever possible, sellers will be given a two (2) weeks’ advance notice by mail. Any approved seller or applicant aggrieved by the action of the Market Manager or other designated agent can appeal to the Board of Directors whose decision is final (see section on Due Process). f IV. ADMISSIBLE VENDORS & PRODUCTS Admissible vendors and products fall in the following categories: 1. AGRICULTURAL PRODUCERS (Farmers, Fishermen) – RESOLUTION NO. 08-7045 PAGE EIGHT a.Certifiable agricultural products – These are fresh fruits and vegetables, nuts in the shell, honey, eggs, nursery stock, and cut flowers, which have been produced or grown on property controlled by the producer. Product certification is made by the county Agricultural Commissioner in the county of production. Certifiable agricultural products can only be sold at the Market by the producer who produced them, the producer’s employees, or the producer’s immediate family. Second Certificates - Second certificates are Certified Producers whose products are sold by another Certified Producer. Each Certified Producer must be referenced on the other Certified Producer’s certificate. Second Certificates do not accrue seniority. b Non-Certifiable Agricultural Products – These include dried fruits and vegetables, processed nuts, juices, jams, pickled or smoked agricultural products, live animals, livestock, aquaculture, viticulture and vermiculture. These products may be dried, ground, roasted, juiced, smoked or otherwise altered in a one-stage process by a second party. Canned foods are permitted if processed in an approved facility. Products in this category Fnust have been grown, bred, raised, cultivated or collected upon land, which the producer controls, 2.PREPARED FOODS PRODUCERS (non-agricultural products) – may sell products, which they have cooked, canned, preserved or otherwise treated. Canned foods are permitted if processed in an approved facility. These products may not compete with products made by farmers from their own products. 3. COMMERCIAL SELLERS (non-agricultural products) – may sell ethnic or specialty hot foods, which they prepare in a licensed kitchen and/or at their Market space. Commercial sellers may also include anyone selling fresh or canned fish where they have not caught the fish. 4. ARTS & CRAFTS VENDORS (non-agricultural products) –: a. Artisans - may sell original art, craftwork or handmade items, which they created, constructed and produced themselves. Products must be of the highest quality, handcrafted, and may not be imported. b. Resellers – the reselling of arts and crafts products is not allowed. c. Arts & Crafts, Health and Beauty, and Youth-Oriented Vendors are limited to 10% of the market space. d Please also refer to Section XIV: ARTS & CRAFTS VENDORS RESOLUTION NO. 08-7045 PAGE NINE 5 YOUTH-ORIENTED VENDORS (non-agricultural products) – may sell products and services of interest to young people, which involve their active participation. Vendors in this category may include bounces, petting zoos, magicians, clowns, face painters, puppet makers, etc. Arts & Crafts, Health and Beauty, and Youth-Oriented Vendors are limited to 10% of the market space. Please also refer to Section XVII: YOUTH-ORIENTED VENDORS. 6.NONPROFIT ORGANIZATIONS & COMMUNITY INFORMATION GROUPS – may distribute literature promoting their organization and solicit signatures, volunteers, and donations. Please also refer to Section XV: NON-PROFIT ORGANIZATIONS AND COMMUNITY INFORMATION GROUPS. 7 PERFORMING ARTISTS - may distribute literature and sell products showcasing the talents which they are demonstrating that day at the market. Performing Artists in this category may include musicians selling CDs and merchandise, martial artists distributing literature, and dancers selling videos. 8. LOCAL BUSINESSES – Local businesses located in the City of Downey may be eligible to have a table at the market for the sole purpose of distributing literature about the service(s) or product(s) they sell. Next priority will be given to businesses located within Los Angeles County. 9. SPONSORS - may only advertise, distribute literature and provide free samples and demonstrations of their products and services for the duration of their sponsorship period. Additional Admissibility Rules: 1 PARTNERSHIPS of no more than three individuals are allowed. All members of a partnership must sell at least once every 6 weeks. Partnerships between sellers must satisfy all the following criteria: a. Partners shall not be sellers who have been denied entry to the Market for any reason such as Market violations or excess crop. b. Partners shall not be sellers who are using the Market to sell product culls. c. Partnerships shall not be formed or re-formed on a frequent basis to artificially prolong a grower's selling season. 2. 3 COLLECTIVE/CO-OP – products sold by a collective or co-op must be sold by a member of such, not an employee. EMPLOYEES – if employees regularly sell, the producer must sell at least once every 6 weeks. Records showing proof of employment (e.g. W-2 form, pay stubs) must be submitted to the Market Manager upon request. RESOLUTION NO. 08-7045 PAGE TEN Employees selling at the Market must be knowledgeable about the producer’s operation and the products sold (how and when it is produced, its taste and uses, etc). V. VENDORS & PRODUCT ADMISSION 1 APPLICATION - Every prospective seller must complete an application to sell. Second certificate holders must fill out a separate Vendor Application Form. Applications must be submitted annually. All items intended for sale shall be listed on the application and only those items approved for sale will be allowed to be sold. The application must be submitted to and approved by the Market Manager prior to the seller being able to sell at the Market. The completed application packet shall include: a. The signed Market rules b. The completed application c. Copies of all appropriate certificates and permits The Market Manager may request product samples in order to evaluate quality. 2 ADMISSION – a. Community and non-profit group participation is part of the mission of the Downtown Downey Farmers’ Market. As such, the Market Manager will evaluate applications by these groups to ensure an equitable distribution of market space and time. The right to regulation of the type and content of messages and activities is reserved by the Market as described in Section XV: Non-Profit Organizations and Community Information Groups. Please note that obscenities, grisly or gruesome displays, highly inflammatory slogans, or other content likely to provoke a disturbance may be prohibited at the discretion of the Market Manager or the City of Downey. b Vendor and product admission to the market will be at the discretion of the Market Manager. In his/her decision, the Market Manager will take into account: i. Vendor’s positive or negative history of the compliance with state, local government and Market rules & regulations. ii. Vendor's history of market participation. When practical, significant weight, priority, and preference should be given to vendors returning from previous seasons. iii. The market commodity mix and consumer demand as determined by the market manager. RESOLUTION NO. 08-7045 PAGE ELEVEN iv. V. VI. vii. VIII. The competitive availability and number of sellers of producer’s product present within the Market. If practical, monopolies and surfeits (gluts) should be avoided. The prices, quality and freshness of the products offered to the public by the seller. The number of unreserved spaces and other limitations of the Market. Arts & Crafts, Health and Beauty, and Youth-Oriented Vendors are limited to 10% of the market space. In the case of artists, artisans and local businesses. priority will be given to those vendors whose primary place of business is located Downey, California. Priority will always be given to artists and artisans who sell their own creations. Only vendors who have produced all requested documents and have been approved by the Market may sell at the Market. They are referred to as “Approved Sellers”. All products must be individually approved by the Market Manager to be allowed for sale at the market. Approved vendors agree to commit to try the Market for a minimum period of 6 months. 3.CHANGE OF OWNERSHIP - Change of business ownership requires submission of a new application to the Market Manager, which will be processed as a new admission. The transfer or change of ownership does not grant or guarantee the new owner the same admission or current stall space assignment as the previous owner. 4. APPEALS – Vendors and groups which have been denied admission for reasons other than lack of market space may appeal to the Market Board. VI. FEES & LOAD LIST FEES - Stall fees are as follows: Agricultural producers: 6% of gross sales for that Market day. Non-aqricultural producers: 10% of gross sales for that Market day. Non-Food vendors (artists & artisans): 10% of gross sales for that Market day. Non-Food vendors (others): $20 per stall or 10%, whichever is more. Local Businesses: $35 for that Market Day. Stall fees are to be remitted to the Market Manager at the end of each Market day no later than 1 :30 PM. RESOLUTION NO. 08-7045 PAGE TWELVE Stall fees may be waived by the Market Manager if weather prevents sales activities from taking place. However, the Market is open on rainy days and stall fees will be collected if more than one half of the Market hours are spent selling. LOAD LIST/ NON-FOOD VENDOR SALES SLIP - Sellers in all categories are responsible for completely filling out the load list and paying the fee at the end of Market day. All load lists must list commodities sold, commodity unit price and accurate gross income per commodity. Market Management will monitor sales reporting as necessary, to check for accuracy. Sales audits may be conducted at any time and without warning. Vendors showing a discrepancy between their audited sales and the sales reported on the sales slip will forfeit their right to sell at the market. Each Market participant is expected to cooperate with sales monitoring activity by Market Management. VII. RESERVATIONS & CANCELLATIONS RESERVATIONS - advance stall space reservation is required and must be made by the Producer directly to Market Management. Employees may not reserve for the Producer CANCELLATIONS - should be made at least one week in advance in consideration of the Market’s desire to present a filled marketplace for shoppers. Producers who cannot attend the Market due to unusual circumstances such as truck breakdown on route to Market must contact Market Management within 24 hours after Market day to confirm a selling space for the following week. Vendors who fail to show up at the market repeatedly and/or without notice or follow up, and regardless of the reason may forfeit their right to sell at the Market without notice. VIII. STALL ASSIGNMENT & SET UP STALL ASSIGNMENT - The seller’s location, space size and other considerations are at the Market Manager’s discretion, based on the seller’s customer relationships, the product mix, customer flow, promotion, security and other considerations. All space is provided as a privilege; no vendor shall be able to sell his/her market space to another vendor or to another individual/entity to whom they transfer their business. Final decision for space assignment and location rests with the Market Manager. Every effort is made to assign permanent space locations to Market participants, whether participation is seasonal or year round. This ensures continuity, which is beneficial to the participant and to the overall operation of the Market. However, occasionally changes must be made in location, which are unavoidable. Such RESOLUTION NO. 08-7045 PAGE THIRTEEN decisions are made at the Manager’s discretion for the benefit of overall Market operations and may consist of the following criteria: to alleviate chronic overcrowding, to make better use of the space available, to clear the area around fire hydrants, and to fill empty spaces. STALL SET UP - Sellers are permitted two hours for set-up and one hour for breakdown. If the seller has not arrived 30 minutes before Market, the Manager may release reserved space to another vendor. Sellers arriving late for set up may forfeit their- right to sell at the Market that day. STALL APPEARANCE & PRODUCT DISPLAY - Sellers must provide their own tables and canopies. Umbrellas, peaked canopies, and tablecloths are encouraged. Tarps may not be used as shade structures Stalls and product display must enhance the customer's experience and perception of the seller and Market. Stands shall be set up in a neat and professional manner. In an effort to increase sales, the manager may suggest alternative displays to improve individual and overall appearance. / Seller will ensure no spoiled product is on display and that shade is provided for all perishable products. IX. PERMITS, LICENSES & DOCUMENTATION All sellers must comply with all applicable Federal, State and local laws, ordinances and regulations; and must obtain all necessary permits. All certified and non-certified agricultural products sales shall be in conformity with the current State Direct Marketing Regulations for Certified Producers (California Code of Regulations Title 3, 51392.) All sellers must also carry liability and motor vehicle insurance. CERTIFIED PRODUCERS (fresh fruits & vegetables, eggs, honey, nuts in the shell, nursery stock& cut flowers) A completed application. The Hold Harmless page (1ast page of these rules) signed by the Producer. A current Certified Producer's Certificate listing those commodities (certifiable & non-certifiable) the Producer is offering for sale. Please mark on the certificate those products which you will bring to the market and the months during which you will sell them, if they are different from the harvest months. RESOLUTION NO. 08-7045 PAGE FOURTEEN An Employee Authorization Letter printed on letterhead (or with return name, address and phone number) signed by the Producer, naming each employee and family member that may sell for the Producer. For family members, please indicate their relationship to the owner. No commission sales are allowed. Second Certificate: if the producer sells the produce of a Second Certificate, each certificate must be referenced on the other producer’s Certificate. No more than one second certificate is allowed. Separate load lists must be provided for all produce sold under the primary and second certificates. If a second certificate Producer is unable to verify his/her sales on any Market day, he/she will not be permitted to participate in the Market. Non-Certifiable Agricultural Products / One-Stage Processed (products resulting from a one-stage process of a certified product such as jam, juice, dried fruits ) the Certified Producer's Certificate must list the certified product used to produce the non-certified product. For example, jam producers must have a Certified Producer's Certificate listing the fruits used for jams. Health permits must also be provided . Non-Certifiable Agricultural Products / Other Products (live animals, livestock, aquaculture, viticulture and vermiculture): a Proof of Producership. Producers may be asked to produce documentation or verification related to their production. Verification may involve a site visit to place of business with due notice (24 hours) by the Market Manager or an agent of the Market to verify rule compliance. Nursery Stock: a Nursery Stock License (cut flowers are exempt but must comply with Certified Producer Requirements). Cut Flowers: a Seller’s Permit from the Board of Equalization (BOE) Organic Products: an Organic Certification as per the National Organic Program and the California Organic Product Act of 2003. No Pesticide or No Chemicals Claims: an Applications Use Form (see section X). PREPARED and PROCESSED FOODS (prepackaged foods, bakery products, hot foods. ..) No commission sales are allowed. RESOLUTION NO. 08-7045 PAGE FIFTEEN A completed application. The Hold Harmless page (1ast page of these rules) signed by the Vendor. Health Permits. Hot foods’' and carbonated or effervescent drinks: a Seller’s Permit from the Board of Equalization (BOE) and a Business License from the City of Downey. (* Other food products and plants that produce food for human consumption are exempt.) NON-FOOD VENDORS – a Business License from the City of Downey and a Seller’s Permit from the State Board of Equalization (BOE) or documentation showing tax-exempt status. Health and Beauty vendors will need to provide appropriate health licenses and permits. Youth vendors will need proof of insurance for any activities that include rides, animals or physical activities. Note that Arts & Crafts, Health and Beauty, and Youth-Oriented Vendors are limited to 10% of the market space YOUTH-ORIENTED VENDORS A completed application. Any specific permit or insurance pertaining to the activity. The Hold Harmless page (1ast page of these rules) signed by the Vendor. NONPROFIT ORGANIZATIONS & COMMUNITY INFORMATION GROUPS A completed application . Proof of nonprofit status. The Hold Harmless page (1ast page of these rules) signed by the Vendor. LOCAL BUSINESSES A completed application. The Hold Harmless page (1ast page of these rules) signed by the Vendor. X. POSTINGS PERMITS & LICENSES - All required permits, licenses and documentation, with the exception of the signed Market Rules, shall be conspicuously posted at each stand in plain view of the public and enforcement personnel during Market hours. A copy of all documentation shall be made available to and kept on file with the Market Management. SECOND CERTIFICATES - Second Certificate Producers must also have their embossed certificate clearly posted. All produce must be separated so it can be identified by Certificate. RESOLUTION NO. 08-7045 PAGE SIXTEEN PRODUCER’S NAME– Producers are strongly encouraged to display a sign (at least 12" x 24") identifying their business name and city or town of production. Prepared and hot food vendors are required to display their address and contact information . PRODUCT INFORMATION & CLAIMS - Sellers shall only display or advertise items that have been approved for sale. Prices - Prices shall be clearly noted for the benefit of the consumers. Prices should, whenever possible, be below retail prices. Collusion or any pressure among sellers to alter prices is strictly forbidden, based on federal anti-trust law. In order to avoid unfair competition, backyard farmers that sell their product as a supplemental income or hobby, shall not price their goods below a reasonable and fair market price. Product Variety - Sellers are strongly encouraged to display signs identifying their products’ name and variety. Notes about the product taste and uses are also encouraged as they help sales. Organic Products – No Producer may use the term "organic” unless the following language is posted: “ORGANICALLY GROWN IN ACCORDANCE WITH CALIFORNIA ORGANIC FOOD ACT’'. Additional signage indicating membership in or certification by an organization, which certifies organic farming practices, such as California Certified Organic Farmers (CCOF) may also be posted in addition to the Organic Foods Act language. Organic producers must maintain three years of records to verify compliance with organic standards. When an organic grower is also selling non-organic produce at the same stand, the non-organic produce must be clearly separated from the organic produce and clearly labeled "non-organic" in letters at least 2 " high. A Market violation will be issued to anyone who falsely advertises "Organic" growing practices, either in signs or in verbal claims. The Organic Registration Form must be clearly posted at the stand. PACKAGED PRODUCTS – Packaged products must be labeled with the producer name, address, product name, ingredients and weight. SCALES - All producers using a weighing device (scale) must have the scale registered and sealed within the previous 12 months by County Weights and Measures. You must have your receipt for registration with you all times to verify that your scale is registered. The county sticker indicating the scale has been sealed must be visible and current. Registration and seals from any county are valid in every county statewide. RESOLUTION NO. 08-7045 PAGE SEVENTEEN XI. PRODUCT QUALITY STANDARDS - All products will be expected to be of the highest quality, taste, freshness, or craftsmanship. Sellers of low-quality products are subject to penalties and may ultimately forfeit their right to sell at the Market. MINIMUM GRADE - All produce must meet USDA minimum grade requirements, and must represent a "field run" or better quality range. Additionally, all containers of produce offered for sale must not exceed California Department of Food and Agriculture (CDFA) tolerance for spoilage and waste. Containers of culls only will not be permitted for sale and will be immediately removed from sale with a warning issued unless the grower is also selling the same product at a "field run" standard or better. Culls must be clearly labeled as "culls", "overripe", or "canning grade," and priced accordingly. Subsequent violations will be subject to additional penalties PRODUCT INSPECTIONS - All commodities and products shall be subject to inspection at any time by the County Agricultural Commissioner, the Department of Environmental Services (Health Department) and/or the Market Manager. CUSTOMER COMPLAINTS - Customers who have a legitimate complaint about the produce they purchase should be given a full monetary refund or replacement of equal value. It is the Market's policy to satisfy the customer and to promote good will by being generous with produce. If produce is overripe and must be consumed the same day, the customer must be informed in advance. If a customer wishes to exchange only a partial bag of produce, only partial credit is due XII. HEALTH & SAFETY LEGAL REQUIREMENTS - This Market is conducted in accordance with the local, state and federal laws and ordinances. Sellers should be familiar and in compliance with all health and safety guidelines. Seller must comply immediately with Manager’s safety instructions. Sellers and products must comply with the California health code and federal standards. STALL IMPLEMENTS - Producer vehicles, tables, and overhead shades must be maintained and used in a safe manner. Legs must be firmly locked into place on the shades. Tables must have smooth edges and remain stable when loaded with produce. Shades must be tied down or weighted. Poles must not obstruct traffic flow and care must be taken when setting up or taking down displays. Tarps in good condition may be used to cover the ground but must not be used to provide shade. RESOLUTION NO. 08-7045 PAGE EIGHTEEN By determination of Market Management, removal of canopies may be required at any time during Market hours due to windy conditions. Canopy removal shall take precedence over sales activities. Frame assemblies may remain in place as long as they are securely' tied down. All Producers must comply with the following safety rules: • @ • @ • @ No display tables filled over carrying capacity. Product arrangements are stable and not ready to fall. Legs of tables are secure and not caving in. All connecting rods of the shade set-ups are secure in their fittings. Canopy assemblies are tied or weighted down. No pets. CLEAN SELLING SPACE – Sellers are required to maintain their individual selling space in a clean, safe and sanitary manner, including protecting the pavement from drips from any part of Seller's vehicle as well as from highly staining items, such as grapes, raspberries. Hot food vendors must use tarps to protect the ground from stains. Vendors must clean and sweep their selling space prior to leaving the site. Failure to do so may result in market violations. Sellers are responsible for bagging and disposing of their own trash (produce waste, overripe or leftover produce and boxes) at the close of Market day. Sellers may NOT use the trash receptacles intended for customer use to dispose of their own trash (not including papers and wrappings from breakfast, lunch or items purchased while at the Market). Sellers who violate the above may be required to pay a disposal/cleaning fee of up to $100 per occurrence. FOOD SAFETY Hot food vendors must provide their own sinks which must comply with health department regulations. All food products must be kept a minimum of 6" up off of the ground. Food preparation (except trimming) within the Market is prohibited except for Commercial Sellers Processed foods must be processed in an approved facility, and packaged and labeled under sanitary conditions, and the seller must display their Health Department permit. PRODUCT SAMPLING Procedures for the cutting of produce have been established by the Health Department and must be followed to ensure that sanitation standards are maintained. In order to offer cut samples you must have a complete sampling set up and follow sampling procedures as follows: RESOLUTION NO. 08-7045 PAGE NINETEEN [Sampling Set-up: Water container with downward-facing spout (for hands and produce washing) Smooth, non-absorbent cutting board A knife used exclusively for sampling 1 '% chlorine solution for sanitizing the cutting knife and other utensils Liquid pump soap dispenser (bar soap is not acceptable) Single use (paper) towels Cover for cut samples Toothpicks or skewers for handing out samples Bucket to catch wash water. Sampling Procedures: All produce must be washed before cutting Samples must be cut out of reach of customers. Samples must be kept in clean, covered containers approved by the Health Department such as clear plastic with hinged lids or clear dome covers. Samples must be served to customers on a toothpick or skewer. Plates full of cut samples may not be left out for customers to serve themselves A covered trashcan must be available for discarded sample skins & toothpicks . Hands must be washed prior to cutting samples. Plastic gloves may be worn but they do not replace hand-washing requirements. Bucket containing wash water must be disposed of in a public sewer system or taken home for disposal. Wash water may not be dumped in planters or storm drains Anyone who is not following the sampling guidelines must immediately stop sampling and get into compliance with the proper procedures. A second violation of sampling procedures will result in suspension of sampling privileges for up to three months. SMOKING - is not permitted in produce display, in immediate sales area during Market hours or around the children’s areas. TRAFFIC – No vehicle is allowed in the Market during Market hours. Auto and truck flow must not endanger pedestrians. No bicycling, skating or skateboarding is allowed in the Market. Seller’s truck, tables and merchandise must be within the space and not impede the customer flow. Vendors arriving after market opening must get the Manager’s approval before offloading. Repeat late arrival may forfeit the vendor’s right to sell at the Market. If a Producer arrives after the Market has started, and if the Manager’s has authorized offloading, his or her truck must be escorted into the Market by a traffic control person on foot, who alerts pedestrian traffic that a truck is coming. The traffic control person shall remain on foot and with the truck until it RESOLUTION NO. 08-7045 PAGE TWENTY is safely parked. (Traffic control person may be farmers' employee, another farmer, or Market personnel.) For safety and security reasons, no sales may take place before the Market opens nor after it close s. Sellers may be prohibited from leaving prior to close to ensure safety and a full market for customers. XIII. STANDARD OF CONDUCT Common courtesy in dealing with customers and other sellers is essential to creating and sustaining loyal customers for all sellers and ultimately developing a successful Market Sellers are expected to be honest and to conduct themselves in a courteous and friendly manner. Everyone is expected to treat other sellers, staff, customers and officials with respect. The farmers are asked to assist the Manager in all possible ways to maintain the quiet and friendly atmosphere of the Market. Rude, abusive, offensive or other disruptive behavior is not permitted. Anyone who is discourteous, belligerent or whose conduct is materially and seriously prejudicial to the reputation or operation of the Market will be asked to leave the Market by the Market Manager. Sellers experiencing any difficulty with customers or other sellers in this regard should refer the matter promptly to the Market Manager. Harmful remarks about sellers or the Market are subject to legal liability. No individual shall be subject to harassment, including on the basis of race, color, religion, gender, sexual orientation or origin. No materials, which are blatantly offensive, either racially, ethnically or sexually, shall be allowed for sale. Sellers are expected to dress in an appropriate manner, including shirts and shoes or sandals. XIV. ARTS & CRAFTS VENDORS Artists and artisans in this category are those who have created, painted, sewn, constructed, or otherwise fashioned from component materials the items they sell. The RESOLUTION NO. 08-7045 PAGE TWENTY-ONE component materials must be sufficiently modified from their original state to demonstrate fine craftsmanship. PRIORITY TO DOWNEY. Artists and artisans who reside or have their primary work studio within the City of Downey. Next priority will be given to artists and artisans who reside or have their primary work studio within the Los Angeles area, provided they sell comparable products and the quality and craftsmanship is similar. Reselling arts and crafts products is not allowed. Only those items reviewed and approved during the application process may be sold. All artists must be set up by 9am and remain set-up until 2pm. All sellers must reapply annually. Arts & Crafts, Health and Beauty, and Youth-Oriented Vendors are limited to 10% of the market space. XV. NON-PROFIT ORGANIZATIONS & COMMUNITY INFORMATION GROUPS 1 2 3. Non-profit organizations and community information groups ("organizations") may apply for admission and shall be allowed at the Market. The Market Manager will assign each organization available dates and space. No private or commercial advertising or sales of any items will be permitted. However, donations may be solicited for the general support of the organization. Organization representatives shall not interfere with Market operation by aggressively soliciting signatures, donations or attention. Such activities shall not block sidewalks or access to assigned stall spaces. Representatives will stay within boundaries established by the Manager. The Market retains the right to regulate the time, place and manner of activities relating to displays, signs, posters, placards, and other expressions of the interests represented. The use of "fighting words," obscenities, grisly or gruesome displays or highly inflammatory slogans likely to provoke a disturbance may be prohibited by the Market Manager. Each organization must prominently display its name, and must comply with all applicable Market rules. 4. 5 XVI. HEALTH, BEAUTY & SPIRITUALITY VENDORS 1 2 Producers in this category (“Health Vendors”) are those that offer non-food products and services, whose specific and primary purpose is to increase physical and spiritual health. No invasive or ingested products or services will be allowed. All services must be rendered in plain view of customers and market managers. RESOLUTION NO. 08-7045 PAGE TWENTY-TWO 3 MADE/BASED IN DOWNEY. Priority in admission of health vendors will be granted to those whose primary place of business, production facility, or residence is located within the City of Downey. Only after these vendors have applied will applications be considered from vendors within the greater Los Angeles Metropolitan area. Only those items and services reviewed and approved during the application process may be sold. All vendors must be set up by 9am and remain set-up until 2pm. All vendors must reapply annually. Arts & Crafts, Health and Beauty, and Youth-Oriented Vendors are limited to 10% of the market space. 4 5 6 7. XVII. YOUTH-ORIENTED VENDORS 1 2 3 4 5 6. Vendors in this category (“Youth Vendors”) may sell products and services of interest to young people. Active participation from the young people or crafting of the product at the market is required. All aspects of youth vending will be strictly regulated by the market manager(s), including but not limited to safety, content, volume, behavior, etc. Youth vendors are required to keep all insurance, licenses, permits and addresses up to date with the market manager(s) without being prompted. Only those items and services reviewed and approved during the application process may be sold. Arts & Crafts, Health and Beauty, and Youth-Oriented Vendors are limited to 10% of the market space. All vendors must reapply annually. XVIII. PERFORMING ARTISTS In furtherance of the mission of the Downtown Downey Farmers’ Market, performing artists will be selected by the market manager(s) to showcase their skills and talents in predetermined areas at the market. All aspects of the performance will be strictly regulated by the market manager(s) including but not limited to volume, content, duration, and safety. Performers may advertise, distribute literature, and sell products showcasing the talents which they are demonstrating that day at the market. Only the above-mentioned performances shall be permitted in the Downtown Downey Farmers’ Market each Saturday from 7am to 3pm, except by approval of the market manager(s). 1 2 2 3 XIX. VIOLATIONS & PENALTIES NON-COMPLIANCE - The Market Manager and any other agent assigned to do so, has the right to issue warnings and take appropriate action against Vendors who violate the Market’s rules and all other applicable regulations and laws. Penalties for RESOLUTION NO. 08-7045 PAGE TWENTY.THREE violating the rules set forth herein may include fines, suspension of selling privilege or loss of space. Verbal warnings will be followed with a written warning for any violation prior to a fine or Market suspension. Written notices of violations of Market rules will be issued following schedule of penalties, unless otherwise stated in these rules: 1 st violation: Warning 2nd violation: Suspension for 1 Market day 3rd violation: Suspension for 3 months. Subsequent violations will be penalized by Management decision, up to permanent expulsion. In the case of unreasonable or outrageous conduct considered detrimental to Market safety or welfare, the Manager has the authority to impose an immediate fine and/or suspension. Certified Producers caught reselling will be permanently suspended upon the first violation. ( CUSTOMER COMPLAINTS – The Market has a written complaint form to be filled out by any customer wishing to file a complaint regarding his or her treatment by any farmer. Only very serious complaints are put on a complaint form; most misunderstandings can be resolved without filing a formal complaint. Once a written complaint is submitted, Market Management will verify it. The same penalty schedule as for Market violations will apply. DUE PROCESS - Sellers wishing to appeal an expulsion or suspension from the Market shall have the right of due process with a hearing before the Board on any action taken. The appeal must be submitted in writing to, indicating the reasons for retaining selling space at the Market: Downtown Downey Farmers’ Market 11111 Brookshire Ave Downey CA 90241 Attn: Market Board The Downtown Downey Farmers’ Market Board’s decision will be given in writing within 30 days of receipt of the complaint. Their decision will be final. Until this decision is reached the Market Manager’s sanction remains in effect. ( XX. MISCELLANEOUS 1. EVENTS & ACTIVITIES - Regular events and activities will take place at the Market in order to increase community spirit, publicize the Market, and support its usual business RESOLUTION NO. 08-7045 PAGE TWENTY-FOUR 2 SUGGESTIONS - Suggestions, requests and comments from farmers, volunteers and shoppers are needed to make the Market a success. These suggestions can be made to the Manager in person or left in the suggestion box at the Market information table. Suggestions to improve the Market and promote its growth are very much appreciated by the Manager. XXI. SIGNATURE & HOLD HARMLESS I (the undersigned), hereinafter "Producer ", in consideration of being provided space at the Downtown Downey Certified Farmers’ Market, agree with the following terms and conditions: Producer acknowledges receipt of and agrees to abide by the Downtown Downey Farmers’ Market Rules pursuant to the interpretation of the Market Management as well as any related laws and regulations established by the city, county, state and federal government. Producer shall indemnify, defend and hold harmless the Downtown Downey Farmers’ Market and Market Board, the City of Downey, its City Council, boards and commissions, officers, agents, employees and volunteers from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the willful misconduct or negligent acts, errors or omissions of Producer, its agents and employees, in connection with Producer's participation in the Downtown Downey Certified Farmers ' Market, and in the performance of services, work or activities under this Agreement and the Downtown Downey Farmers’ Market rules. In witness whereof, this Agreement is executed this day of Signature Name (print) Business Name Phone where Signatory can be reached: _() RESOLUTION NO. 08-7045 PAGE TWENTY-FIVE The market rules must be signed by the person who signed the producer’s certificate or by the business owner and be returned to the market manager in the application packet, prior to participate in the Farmers’ Market. Producers are responsible for keeping all their documents current and valid. They are also responsible for keeping current address and phone numbers on file.