2014 Dallas Farmers Market Rules & Regulations

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www.dallasfarmersmarket.org2014Dallas Farmers MarketRules & Regulations1

NOTES AND HIGHLIGHTS FROM THE MARKET ADMINISTRATIONMISSION STATEMENTThe Dallas Farmers Market (henceforth referred to as “The Market”) is a privately-ownedestablishment that serves as a centralized hub to connect local and regional producers withconsumers. The purpose of the Market is to provide a community gathering place for residentsand visitors to enjoy fresh produce, artisan foods, handcrafts, and quality entertainment. It is thegoal of DF Market Holdings to improve the Market in the following ways.First, in order to encourage the growth of local agriculture, the Dallas Farmers Market will givelocal farmers highest priority when allocating space in Shed 1. This will return the market to itsfounding tradition of “meet the producer” and provide growers with direct marketingopportunities. In order to increase transparency and maintain ethical business practices, allfarmers, growers, and producers in Shed 1 are required to clearly indicate the geographicorigins of their products (i.e. city, state, name of farm) on display signage. The mission of Shed1 is to promote the sale of nutritious, home-grown food by bringing farm-fresh produce from fieldto table.VENDOR RULES, POLICIES, AND PROCEDURESIn addition to the rules and regulations contained herein, the Market is regulated by Chapter 42of the Dallas City Code. The Market Administration reserves the right to refuse rental to, as wellas suspend and/or expel, violators of the guidelines, laws, or ordinances established by local,state, or federal government. All vendors of the Market bear the responsibility upon receipt ofthis policy manual to both read and adhere to the provisions listed herein. The Market has theright to remove from market property any person who is violent, disorderly or disturbing tovendors or consumers in the market. It is the right and responsibility of the MarketAdministration to revise, add to, or delete some or all of the contents of this document.The Market Administration has reviewed internal processes and procedures. Market staff hasbeen and is currently undergoing training, updating forms, reviewing operational policies, rulesand procedures, and reviewing all files. Vendors may be required to provide updatedapplications, including copies of business permits or papers. If a vendor is requested to submitan application or update the existing application on file, the vendor will be granted one calendarweek to comply. Non-compliant vendors will not be allowed to continue participating in theMarket until the application has been received and approved.This manual is being reviewed for final approval. However, the rules and regulations containedherein are in effect today. Over the next several weeks, vendors will be given written notice ofviolations and given the appropriate time (decided by Market Administration) to correct. Failure2

to correct or adhere to these rules will lead to citations, suspensions, or the expulsion ofvendors.We understand change can be challenging. We ask that all vendors please work with Marketstaff to maintain the reputation of the Dallas Farmers Market as a vibrant and inviting destinationfor the citizens of Dallas, the United States, and beyond. We look forward to working witheveryone during this transition; our door is always open for any questions or concerns.- Dallas Farmers Market Staff3

TABLE OF CONTENTSSECTION 1: GENERAL INFORMATION . 6DEFINITIONS . 6AUTHORITY FOR OPERATION AND ENFORCEMENT . 8MISSION . 8MARKET CONTACT INFORMATION . 8STAFF DIRECTORY. 8SECURITY . 9HOURS OF OPERATION . 9ADDITIONAL CONTACT INFO. 9PUBLIC PARKING . 10MARKET ADMINISTRATION RIGHTS AND RESPONSIBILITIES . 10SECTION 2: VENDOR REGULATIONS . 11VENDOR APPLICATION . 11LIABILITY INSURANCE. 11SUSPENSION/REVOCATION POLICY . 11AT-WILL VENDORS . 12SUSPENSION/REVOCATION PROCEDURES . 12ATTENDANCE . 12SALES TAX . 12POSTAL SERVICE . 12SECTION 3: RULES COMMON TO ALL VENDORS . 13RATES & FEES . 13OPERATING RULES . 13SECTION 4: FARMERS AND PRODUCE . 18FARMERS FIRST . 184

PRODUCE QUALITY ASSURANCE . 18SECTION 5: BUSKER PROGRAM . 19BUSKER GUIDELINES. 19SECTION 6: CONSENT TO USE . 20MARKET MEDIA RIGHTS . 205

SECTION 1: GENERAL INFORMATIONDEFINITIONS1. ABANDONED PROPERTYo Personal property, including produce, left unattended in a stall for two hours or2.3.4.5.6.7.8.9.10.11.more after the market closes.AGENTo An agent is an individual employed by a vendor for the express purpose of sellingthe vendor’s products at the Market.AQUAPONICSo A food production system that combines conventional aquaculture, (raisingaquatic animals such as snails, fish, crayfish or prawns in tanks), withhydroponics (cultivating plants in water) in a symbiotic environment.BUSKERo Any person or group of persons who plays musical instruments, sings, dances,speaks or otherwise provides entertainment in the Market.CERTIFIED ORGANICo Items grown according to strict uniform standards that are verified byindependent state or private organizations. Certification includes inspections offarm fields and processing facilities, detailed record keeping, and periodic testingof soil and water to ensure that growers and handlers are meeting the standardswhich have been set.CROP CHECKo The verification of cropland identified by a farmer on a current year’s MarketGrower’s Statement as the land on which said farmer’s crop was grown.EXPANDED LOCALo Within 450 miles of the Dallas Farmers Market.FARMERo A farmer is a person who has ownership of, or financial and/or productiveresponsibility for producing, an agricultural product intended for use as a food orraw material. The term usually applies to people who do some combination ofraising field crops, orchards, vineyards, poultry, aquaculture or some other formof livestock. A farm is usually owned by that person or under direct control of thatperson.HANDCRAFTERo An individual who produces handcrafted items in accordance with the definitionof and standards for permitted merchandise. A handcrafter is intimately involvedin the design and production of the items specified in his/her Market application.HYDROPONICo A subset of hydro-culture and is a method of growing plants using mineralnutrient solutions, in water, without soil.LIABILITY INSURANCE6

oA part of the general insurance system of risk financing to protect the purchaser(the "insured") from the risks of liabilities imposed by lawsuits and similar claims.12. LOADo The amount of produce or other products contained in a vehicle when thatvehicle enters the Market.13. LOCALo Within 150 miles of the Dallas Farmers Market.14. MARKETo The Dallas Farmers Market.15. MARKET ADMINISTRATIONo The Director of Operations and/or his/her designee.16. NATIONALo All of the United States, including Alaska and Hawaii.17. PERMITTED MERCHANDISEo An item of permitted merchandise must be a handmade article that results from18.19.20.21.22.23.the combining of a variety of materials, creative energy and skill. Within eachcategory of handmade articles, the requirements for "handmade" will vary.PRE-RENTo The conditional rental of a stall or other designated space in the Market for afuture date.PRODUCEo Permitted farm products that are edible, freshly harvested, and perishable in ashort time once offered for sale, and sold in raw (not processed) form - especiallyfruits and vegetables.REGIONALo The states bordering Texas: New Mexico, Oklahoma, Arkansas and Louisiana.STALLo An area in the Market designated by Market Administration as a place in which avendor may sell approved products. All stalls in Shed 1 shall be farm prioritystalls where farmers selling permitted farm products have first priority. Farmersmay also sell supplemental farm products subject to restrictions on the time andthe amount established by the rules and regulations of Market Administration. Inestablishing such restrictions, the Market Administration shall take intoconsideration traditional practices and the traditional distinction between growingseason and the off-season. Raised Stall - Designated selling areas above ground level that trailersmay be backed up to. Surface Stall - Designated selling areas on ground level.STATEo Texas.VENDORo Any approved individual or business renting space at the Market.7

AUTHORITY FOR OPERATION AND ENFORCEMENTIn addition to the rules and regulations contained herein, the Market is regulated by Chapter 42of the Dallas City Code. The Market Administration reserves the right to refuse rental to violatorsof the guidelines, laws, or ordinances established by local, state or federal government. Allvendors at the Market bear the responsibility upon receipt of this policy manual to read andadhere to the provisions listed herein, as do their employees, agents, or family members.MISSIONThe Dallas Farmers Market (henceforth referred to as “The Market”) is a privately-ownedestablishment that serves as a centralized hub to connect local and regional producers withconsumers. The purpose of the Market is to provide a community gathering place for residentsand visitors to enjoy fresh produce, artisan foods, handcrafts, and quality entertainment. It is thegoal of DF Market Holdings to improve the Market in the following ways.First, in order to encourage the growth of local agriculture, the Dallas Farmers Market will givelocal farmers highest priority when allocating space in Shed 1. This will return the market to itsfounding tradition of “meet the producer” and provide growers with direct marketingopportunities. In order to increase transparency and maintain ethical business practices, allfarmers, growers, and producers in Shed 1 are required to clearly indicate the geographicorigins of their products (i.e. city, state, name of farm) on display signage. The mission of Shed1 is to promote the sale of nutritious, home-grown food by bringing farm-fresh produce from fieldto table.MARKET CONTACT INFORMATIONAddressDallas Farmers Market1010 South Pearl ExpresswayDallas, TX 75201Websitewww.dallasfarmersmarket.orgE-mail Addressinfo@dallasfarmersmarket.orgPhone Number(214) 664-9110STAFF DIRECTORYNameTravis MorganEd BaileyRebecca FabyanNick HammettSteele SchallPositionDirector of OperationsFacilities SupervisorAssist. Market DirectorVendor RelationsCustomer Service Rep.8E-mail gsteele.schall@dallasfarmersmarket.org

SECURITYKent SecuritySecurity is on site 24 hours a day, 7 days a week. For any security issues, please call thenumber below.(305) 713-0797HOURS OF OPERATIONSheds 1, 3 and 4:Sunday – Saturday 8:00am to 6:00pmShed 2:Tuesday – Sunday 10:00am to 5:00 pm*Please note: Arrangements may be made with Market Administration to open for businessearlier than the current designated hours.Administrative Office:Monday – Friday 8:00am to 5:00 pmSaturday & Sunday 7:00am to 5:00 pmThe Market is closed on New Year’s Day, Thanksgiving, and Christmas.ADDITIONAL CONTACT INFO1. Texas Department of Agriculture (TDA)P.O. Box 12847Austin, TX 78711(512) 463-7476(800) TELL-TDA (835-5832)Fax: (888) 223-8861www.agr.state.tx.us2. Texas Department of Health (TDH)Retail Food Division1100 West 49th StreetAustin, TX 78756(512) 719-0232Fax: (512) 719-0262www.tdh.state.tx.us3. Dallas County Health Department7901 Goforth RoadDallas, TX 75238(214) 670-8083Fax: (214) 670-83309

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 .

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