2014 Dallas Farmers Market Rules & Regulations

www.dallascityhall.com4. Dallas Farmers Market Friends6333 E Mockingbird Lane#147, PMB 695Dallas, TX 75214(214) 741-1088www.dfmfriends.orgdfmfriends10@gmail.com5. Texas Organic Farmers & Growers Association (TOFGA)PO Box 48Elgin, TX 78621(512) 656-2456www.tofga.orgadmin@tofga.orgPUBLIC PARKINGTo be determined.MARKET ADMINISTRATION RIGHTS AND RESPONSIBILITIES1. Provide general supervision and control over the market.2. Assign stalls and spaces to the vendors attending the market and collect the designatedfees for the use of such.3. Designate parking for all vehicles on Market property.4. Regulate traffic and enforce order in the Market.5. Prescribe rules and regulations governing the conduct of business at the Marketconsistent with Chapter 42.6. Establish the opening and closing hours of the Market.7. Remove any persons in violation of city, state, or federal laws, or the rules andregulations contained herein, from Market property.8. Appoint all necessary Market positions and employees.9. Limit the number of vendors for each category.10. Allow or disallow all items of any category.11. Promote the Market to attract consumers. Please note: the Market Administration maychoose to highlight specific vendors via the Market newsletter, Twitter, Facebook, etc.However, Market Administration is not responsible for the promotion of vendors. Eachvendor is responsible for his/her own business promotion.12. Coordinate festivals and other special events to be held at the Market for the enjoymentof the general public.10

SECTION 2: VENDOR REGULATIONSVENDOR APPLICATIONPrior to selling at the Market, all vendors must submit an online application for the currentcalendar year in which they are selling. Vendors are not permitted to sell at the Market until theyare approved through the online system. An application is required for each business at theMarket, regardless of owner. A vendor wishing to have several different businesses at theMarket will be required to submit a separate application for each business. The vendor isresponsible for all of his/her employees, officers, agents, or family members working for orallowed to work for the vendor at the Market.Only vendors approved by Market Administration may conduct business at the Market.Applications may be submitted at any time, but are only valid for the calendar year in which theyare issued. Vendors are required to submit an application every year; there are no automaticrenewals.As part of the application process, vendors will need to list every product intended for sale.Vendors may not offer for sale any new product without written permission of MarketAdministration.LIABILITY INSURANCEAll vendors at the Market are responsible for carrying liability insurance on their business with aminimum of no less than 100,000.SUSPENSION/REVOCATION POLICYA vendor may be temporarily suspended or permanently revoked if the Market Administrationdetermines that the vendor or a representative of the vendor has:1. Violated Chapter 42 or any other law concerning the sale or distribution of produce orother products.2. Sublet a stall.3. Violated any of the Rules and Regulations contained in this document.4. Committed criminal acts.5. Refused to comply or cooperate with Market staff concerning requirements (i.e. dresscode, sanitary, vehicle codes, etc.).6. Been absent from rented stalls for an extended time without authorization by MarketAdministration.7. Acted in a manner that is unsanitary, unprofessional, or obscene (including foullanguage, verbal or physical fighting, disorderly conduct, destruction of Market property,or illegal carrying of weapons).11

8. Sold or attempted to sell products not meeting minimum established standards ofquality.9. Disturbed or disrupted other vendors, customers, or Market staff.10. Provided false or misleading information, or withheld information during the applicationprocess.11. Been convicted in any court of two violations of any law concerning the sale ordistribution or produce or other products within a 24-month period.12. Intentionally or knowingly interfered in a lawful inspection of the vendor and the vendor'sbusiness procedures.13. Been suspended within the preceding 12 months.14. Failed to pay rent by the fifth day of the month in which it is due.AT-WILL VENDORSPlease note: Vendors may, at any time, be relocated, rearranged, and/or expelled from theMarket by Market Administration without reason.SUSPENSION/REVOCATION ltyWritten warningWritten warning and 25 fineOne day suspension from MarketOne week suspension from MarketExpelled from Market for one yearATTENDANCEShed 2 vendors are required to be open for business every day that the Market is open.SALES TAXEach vendor is responsible for obtaining a Sales Tax Number (if required) by the State ofTexas, and for collecting and paying any sales tax that may be assessed on their products. Thevendor shall be responsible for filing any and all returns required by the State of Texas withrespect to sales tax collection.POSTAL SERVICEThe Market does not accept postal mail on behalf of vendors. Any and all mail addressed tovendors will be returned to sender. Vendors are encouraged to use an alternate businessaddress, a post office box, or their home address for all mail services.12

SECTION 3: RULES COMMON TO ALL VENDORSRATES & FEES1. Application Fee - 20 per application. Please note that during the first transition year(2014), all vendors will be required to re-apply to the Market in March, June, andSeptember.2. Other Feesa. There will be a 30 returned check fee for each instance.3. Change in Rates and Feesa. All rates and fees are subject to change during the year. Market Administrationwill make every effort to ensure that all vendors are made aware of upcoming feechanges.b. Payment of all rates and fees are required as a condition of operation.4. Paymentsa. Payments of all daily fees (including truck fees, semi fees, and electricity fees)will be due each day by 10:00 am on the day the vendor begins selling. Anypayment made after 10:00am will be considered late and subject to a late fee.b. Payments for future dates may be made during normal business hours.c. Application fees are due before Market staff will begin reviewing the application.d. Fees may be paid by cash, personal check, or money order in the AdministrationOffice.For information on rent rates, please contact Market Administration.All Fees are Non-Refundable.OPERATING RULES1. Display Standardsa. Stall displays must be assembled in a manner that allows clear, visible access toadjoining stalls.b. No display, merchandise, or vehicle is to extend beyond the designated raisedstall boundary.c. No vendor shall erect any facility or sign upon the Market without approval ofMarket Administration.d. Display or sale of obscene or unlawful merchandise is prohibited.e. There will be no shades, coverings, tents, structures, or barriers on any area ofthe Market without the approval of Market Administration.f. All signs and banners must have approval from Market Administration.g. All prices must be posted clearly for consumers.h. All signage and displays must be attractive, of good quality, and lookprofessional, subject to the discretion of Market Administration.i. Nails, tacks, and screws may not be used to attach displays to Market property.13

j. All tape must be completely removed at the end of the day.k. Merchandise, displays, and other vendor property shall not be placed, stored,cleaned or processed in unoccupied stalls or common areas. Unauthorized itemsfound in these areas will be disposed of at the expense of the owner.2. Sanitation Requirementsa. All places where food is stored, sold, or handled in the Market shall beconstructed, maintained and operated in a sanitary manner in accordance withthe requirements of all applicable local, state, and federal regulations.b. No smoking is permitted within 150 feet of all Sheds.c. Vendors shall keep stalls in a neat, clean, and sanitary condition.d. At close of the business day, the vendor shall clean their stall(s) and remove allrefuse and property.e. No animals are allowed in stalls.f. Vendors shall not allow seepage and leakage of water or fluids from theirvehicles, mobile-food carts, or stands into the aisles or common areas.g. Vendors shall not wash down or pour out water onto sidewalks, common areas,or aisles.h. Dumping of human waste or environmental pollutants is a violation of Dallas Cityhealth ordinances and is subject to suspension from the Market.3. Conduct of Businessa. All outside Shed vendors are required to set up each morning by 8:00am, or theywill forfeit their space. All Shed 2 vendors are required to set up each morning by10:00am or they will forfeit their space.b. All outside Shed vendors are required to remain open until they run out ofproduct, or 6:00pm. All Shed 2 vendors are required to remain open until they runout of product, or 5:00pm.c. All vendors are required to complete business and clear their stall for cleaning byMarket janitorial services no later than 7:00pm.d. Vendors may only sell within the space designated to them by MarketAdministration.e. All vendors (except those in Shed 2) are asked to relinquish their stall(s) oncetheir product is sold out.4. Standards for Behaviora. No vendor or his/her agent shall treat any person in a manner that is rough,menacing, vulgar, profane or abusive.b. No vendor or their agent shall be under the influence of illegal drugs or alcoholwhile selling at the Market.c. All vendors are responsible for the actions of their employees.d. No vendor shall act or use any language that appears to be intended to insult,intimidate, or threaten another vendor, customer, or Market staff.e. Vendors must not approach a consumer while consumer is in conversation withanother vendor. Vendors are prohibited from interrupting business transactionsfor other vendors for the purpose of drawing consumers away.f. Babies and children are not allowed in stalls while their parents sell.14

g. Market Administration must approve trading of stalls.h. No vendor at the Market shall enter into any price agreement or join anyorganization for the purpose of raising or fixing abnormal or artificial prices ofproducts.i. The Market Administration may do all things necessary and proper to enforceand carry out these Rules and Regulations.j. Vendors and their representatives are expected to immediately comply withrequests of Market Administration and Market Security.k. The use of audio equipment is prohibited in all stalls.l. The storage, sale, creation, or production of volatile or flammable materials orhazardous waste is strictly prohibited.m. The use of any spark, flame, or fire-producing device is prohibited with thepermission of Market Administration.n. Vendors are not allowed to encourage, invite, or hire homeless individuals at theMarket.5. Appearance and Hygiene.a. Attire and grooming must be neat, clean, and appropriate for the work beingperformed and the Market setting.b. Clothes must be clean, and free of holes.c. Sweatpants and other exercise attire is prohibited.d. Vendors and their agents must be clean, well groomed, and free of offensiveodors.e. Inappropriate attire includes sagging pants, the display of undergarments, croptops or shirts that are overly revealing.f. No heavily scented perfumes, colognes or lotions are allowed. These can causeallergic reactions, migraines, and respiratory difficulty for others.g. Hands must always be washed after eating, coughing, sneezing, or using therestroom.h. Facial hair must be kept groomed and trimmed. If facial hair begins to interferewith the sanitary handling of food, Marked Administration may require that it mustbe removed or covered with a hair net.i. All hair that is longer than chin length must be pulled back or pinned up if thevendor or agent handles food.6. Use of Employees/Agentsa. Vendors are required to provide copies of I-9 documentation for any employee,agent, or representative of their business whom will work at the Market on anygiven day.b. Vendors are prohibited from employing homeless individuals.7. Customer Service Standardsa. Sale of used merchandise is prohibited and any vendor found to be selling suchis subject to suspension from the Market.b. It is the responsibility of each vendor to warranty, refund or exchangemerchandise that is deemed unsatisfactory. Upon receipt of two complaints15

concerning the same vendor, the Market Administration may cancel the businessprivileges of the offending vendor.c. All pre-packaged commodities must be labeled and have weight and measuredeclarations. All products must be identified as to country of origin, name ofvendor and address.d. All products shall be sold at a standard weight and measure. Produce may besold by the pound, provided scales are certified by the Texas Department ofAgriculture (TDA); otherwise produce may be sold by the piece, pint, quart, peck,or another generally accepted measure of quantity.e. All products offered for sale must be safe, have a decent life expectancy andexhibit quality of construction.f. All customers are to be treated with courtesy and respect.g. Vendors shall provide a receipt to customers upon request.h. Customer complaints that cannot be resolved amicably shall be immediatelyreferred to Market Administration for handling.i. Handcrafters or their agents are required to have the vendor’s business cardsposted in a place where the customers have access.j. Farmers or their agents are required to have a sign showing their name and/orthe name of their farm and their farm’s location, specifying city and state, postedin a place where the customer can see it.8. Stall regulationsa. Market Administration establishes stall fees.b. Stall spaces are assigned by Market Administration on a daily basis, on a firstcome, first-served basis.c. Stall assignments will begin no earlier than one hour before Market opening.d. Stalls must be vacated upon sell-out of load.e. Stalls must be empty no later than thirty minutes after Market closing, unless thestall has been pre-rented for the following day. Any personal property, includingproduce, remaining in the stall after this time will be considered abandoned anddisposed of by Market staff.f. Vehicles used to transport merchandise to the Market are to be parked in thestall or in the loading/unloading area, not horizontally behind the stall.g. Vehicles are to be parked in the parking lot designated by Market Administrationafter they have been unloaded.h. All trucks and trailers parked at the Market on a permanent basis must bepresentable according to the judgment of Market Administration.i. Employee vehicles are to be parked in the parking area designated by the MarketAdministration.9. Sidewalk regulationsa. Dealers will not use sidewalks as vending space except as designated by MarketAdministration.b. Sidewalks must maintain a continuous American Disability Act (ADA)passageway of at least 36" at all times.16

c. No forklifts will be allowed to operate on any of the brick paved surfaces of theMarket.d. No motor vehicles

The Dallas Farmers Market (henceforth referred to as "The Market") is a privately-owned . All vendors of the Market bear the responsibility upon receipt of this policy manual to both read and adhere to the provisions listed herein. The Market has the right to remove from market property any person who is violent, disorderly or disturbing .