B. The Farmers'
Market Board urges members of the Downtown B.I.D. to participate
in the Event, both to enhance the event and to benefit their own
business.
C. It is the
goal of the Farmers' Market Board to stage an event with activities
that promote a wholesome, family atmosphere. All activities should
appeal to both young and old, and provide a consumer mix that
reaches all aspects of the market place.
D. All activities
are under the auspices of the Farmers' Market Board which is under
the auspices of the San Rafael Redevelopment Agency. These rules
may be revised at the discretion of the Board.
E. Representation:
The Farmers' Market Board includes (1) Produce vendor, (1) vendor
at large (3) B.I.D. Board Representatives, (2) Redevelopment Agency
Representatives, (3) community members at large.
2. Participation
A. Participation
in the Farmers' Market Festival is open to any business, organization,
group, or individuals that wish to offer food items, farm products,
new merchandise, or prepackaged food products for sale; or wish
to dispense information; or who wish to entertain through performance
or a demonstration of a local art or craft.
B. All participants
must file an application and receive approval from the Market
Manager. Applicants must submit with their application evidence
of all appropriate permits as indicated in these rules and regulations.
C. Participation privileges may NOT be reassigned or sold.
D. Once space is allocated, participation is required or future
applications may be denied.
E. Participants will be assigned space locations at the discretion
of the Market Manager.
F. The number of spaces to be allotted to food vendors and other
participants will be determined by the Market Manager.
G. All organizations and individuals that wish to sell must have
a valid seller's permit from the California State Board of Equalization
made out to the applicant's organization.
H. All participants shall keep their area clean during the Market
and leave the space surrounding their area clean afterward. Each
participant shall provide their own garbage receptacle and broom
for this purpose.
I. Participants shall limit sales and activities to items specified
on the application.
J. Participants shall reimburse the Farmers' Market Board for
any costs incurred related directly to their activity.
3. General
Rules for all Participants
A. Participants
in the market shall be appropriately dressed (e.g. shirts and
shoes) and conduct themselves with proper decorum.
B. No person shall deface or otherwise abuse the downtown buildings
or plants.
C. All applications for the Market must contain name, address,
phone number, and signature of a responsible person. The applicant
shall acknowledge the applicant organization's liability for damages
(including the costs for clean-up and damages to property belonging
to merchants or tenants).
D. All applicants for the Market will be required to show proof
of auto liability insurance coverage.
E. The Farmers' Market Festival is not responsible for theft or
damages to property belongings to persons participating in the
Market. The Farmers' Market Festival assumes no responsibility
for items left unattended during or at the conclusion of such
activities.
F. No person participating in the Festival shall state, imply
or otherwise suggest that the festival or its Board endorses,
sponsors, or supports the view of his or her organization.
G. Any vendor, club, group, or persons participating in the festival
must comply with all of the rules. Non-compliance, including offensive
conduct, may result in immediate revocation of their permit. The
Market Board reserves the right to refuse participation to any
participant based on these rules.
H. The Farmer's Market Festival Board will not discriminate on
the basis of race, religion, creed, color, sex or national origin.
I. All government regulatory agencies rules must be followed.
J. Alcoholic beverages may not be sold, consumed, or advertised
during the Farmer's Market Festival. Any vendor found intoxicated
will be fined $50.00 for the first warning and subsequently expelled
from the Market on the second occasion.
K. Downtown merchants' show windows may not be obscured at any
time by boards, banners, or other large displays.
L. The Farmers' Market Festival Executive Director reserves the
right to revoke the permit and/or order the removal of all equipment
and material (belonging to a participant) from the street for
any reason deemed necessary by the Executive Director to better
meet the goals and purposes of the Festival or for public health,
safety and welfare.
M. THERE ARE NO RAINOUTS, the Market will go rain or shine.
N. All vendors have a 72 hour cancellation policy with no exceptions.
You must call 72 hours prior to the Market you are canceling.
That means before 5:00 pm on Monday evening. Any calls made after
this time will be charged the weekly fee.
4. Applications,
Permits, Space Allocation
A. Once applications
are received they are immediately put on a waiting list to get
into the Market. Checks are not cashed until a space can be assigned.
The Market Manager will call no more than one week before the
assigned date. The market is run on a weekly basis. The Manager
only knows on Friday morning whether or not there is a space for
the following week. You will be contacted as soon as there is
space for your particular product. The waiting list is based on
seniority, product availability, and the date in which the application
was sent in. Once the application has been approved and there
is a space for your particular product, the Market Manager will
call you on Friday or Monday for confirmation. Space allocations
are done verbally over the phone. No written confirmations are
sent. It is the final responsibility of each approved applicant
to call the office for their space number on the day of participation
or stop by the information booth.
B. If the activity involves food sales, the participants must
have all relevant documents or permits from the Health Department
as well as product liability insurance.
C. All approved applications will receive a space assignment.
The space corresponds to a car length segment of a parking bay
along 4th Street. Participants must stay within their assigned
space and out of fire lanes at all times. It is the participant's
responsibility to be aware of the fire lanes, as specified by
the Manager.
D. The Market Manager has the authority to assign or to reassign
spaces.
E. These regulations apply to all participants.
F. A walk-through inspection will take place each week at approximately
5:00 pm. All participants shall have their set up complete at
that time.
5. Approval
or Denial
A. Under the
street closure or other relevant permits issued by the City of
San Rafael, the Farmers' Market Board has full discretion concerning
the use of the area designated for the Thursday Night Farmers'
Market Festival.
6. Health,
Fire and Police Regulations
A. While the
Executive Director and the Market Manager are not an enforcement
body for the Health, Fire and Police Departments, cooperation
with these departments is essential. Participants shall be aware
of code requirements and comply. Only "people" events
will be permitted in the fire lanes 14 feet in the center of the
road. No home-prepared food may be sold at the Market. Fully enclosed
booths are required for all prepared food vendors. BBQ-only vendors
may be able to operate without a booth. Specific questions regarding
the codes should be directed to the appropriate agency.
7. Street
Closures
A. The city
begins barricading the streets at exactly 4:00 pm. Approved participants
may begin setting up as soon as the barricades have been set up.
Support vehicles must be unloaded and off the street by 4:30 pm.
All activities end at 8:00pm and must be cleared off the street
at that time. The City removes the barricades at 8:30 pm. promptly.
Participants should have all take-down equipment and vehicles
out of traffic lanes at that time. Police can and will fine vendors
who are still on the street after 8:30 pm.
8. Equipment
and Services
A. The Executive
Director and/or Market Manager are under no obligation to provide
electrical power, water, tables, or any equipment to participants.
An applicant needing specific services such as electrical must
make these needs known in the application. The Market Manager
may act as a clearing house of information to locate equipment
and/or services, but its only obligation is to provide a space
on the street. Power Cords must be covered and conform to City
Fire Dept. requirements. Electricity is not available for the
purpose of lighting a booth.
9. Barbeques
and Other Edible Food Vending
Within the
current confines of the event (Fourth Street from Lincoln to B
Street) there shall be no more than 15 food vendors, each with
a reserved assigned space, all barbequers and other food vendors
must adhere to the following rules:
All City,
Health Department and Fire Department regulations must be met
and evidence supplied with application, as noted on the application.
A. The grill
space is not to exceed 20 square feet.
B. Food must be kept at least (2) feet off the ground.
C. Food items must be items indicated on the application.
D. Barbeque operation must be kept within the space assigned.
E. Barbeques are not to be started in an assigned street space
until after 4:00pm. During lighting, the barbeque is to be surrounded
by barriers set five (5) feet away to protect pedestrians from
flames. This may require temporary replacement of barriers on
sidewalk areas. Only standard starting fluid may be used. Each
Barbequer must have an approved fire extinguisher on site. No
propane cylinders are allowed in-or near- barbeque areas.
F. The barbeque must be surrounded by barriers set five (5) feet
away to prevent anyone getting burned.
G. All LPG and/or open flame devices shall be listed prior to
the event and approved by the Fire Department. All open flame
devices shall be separated from the public by a barrier (i.e.
Cones, pots and flags, etc.) LPG containers shall not be located
any closer than fifty (50) feet from barbeques and be limited
to five gallon maximum size, with no cylinder exchanges being
allowed during an event. Each LPG container shall be secured to
prevent falling. Both LPG and/or open flame devices shall be provided
with an approved/serviced fire extinguisher (minimum 2A10BC).
The Event is limited to three (3) such devices.
H. Support Vehicles must be moved away from the barbeque area
by 5:00pm.
I. Barbeque areas must be kept neat and clean at all times. Each
vendor must provide a 50 gallon container for refuse.
J. Permits may be revoked for the following reasons:
1. Non-compliance with the Farmer's Market Manager, City Fire
Dept., or County Health Dept. regulations
2. Non-payment of prescribed fees within the designated time period.
3. Poor attendance. Food vendors may miss no more than one night
per 26 week season, due to emergency or vacation.
10. Fund
Raising for/by non-profit organization
A. At the
discretion of the Market Manager, a non-profit organization may
be permitted to participate, if the Market Manager determines
that its participation will provide a public service or will serve
to promote the purposes and goals of the Event.
B. Organizations wishing to raise funds during the Event must
have a non-profit status. Verification must be provided at the
time of application.
C. All monies generated by sales and solicitations, excluding
direct material costs, must go to the non-profit group. The Market
Manager may request a full accounting.
D. The organization must submit its application fourteen (14)
days in advance of the desired date. Upon review and approval
by the Market Manager, a space will be assigned as space permits.
E. If food items are to be sold, the organization must have the
necessary approvals from the County health Dept. prior to making
the application.
F. The Farmers' Market Festival Board may make exceptions for
sales of tickets or packaged items available ONLY from that group
(i.e. Girl Scouts/Campfire cookies/candies, specific buttons,
tickets etc.).
G. Within the confines of the Event there shall be no more than
three (3) full spaces reserved for non-profit usage. These particular
spaces may be split into 61/2 spaces if the parties involved choose
to do so. Approved applicants will be given space for one week
on a first-come basis. At the end of the week their name will
be placed at the bottom of the list of those desiring space. They
will be assigned space when their name again reaches the top of
the list.
11. Political,
Religious and Other Informational Groups
A. All groups
or individuals wishing to disseminate information, pass petitions,
or promote political, religious, or personal beliefs must submit
a signed application no less than fourteen (14) days in advance
of the date desired. Upon review and approval of the application
by the Market Manager the applicant's name will added to the list
of those desiring space. The spaces reserved for this group falls
under non-profit groups and will be divided up appropriately.
In reviewing an application, the Committee shall not consider
the background or qualifications of a group or individual, nor
the content of the message involved, in deciding whether to grant
approval.
B. Applicants whose format is determined to be entertainment shall
not be eligible for a space allocation under this section, but
shall be regulated by the Entertainment section.
C. Participants may not harass, follow or intimidate downtown
visitors. Activities which are conducted in such a manner as to
interfere with the goals or purpose of the Farmers' Market Festival
may result in immediate revocation of the permit. (First offense,
will result in a written warning. Second offense the participant
will be expelled from the market.)
D. Handbills may not be posted without City or owner approval.
E. Participants must clean all streets, curbs sidewalks and adjacent
business alcoves and remove any litter that results from their
activity. Any participant not abiding by this rule, will be given
one warning and if it continues there will be a fine of $20.00.
F. Bumper Stickers may not be attached to anything or given out
at any booth.
G. Anyone who wishes to be at the market and have petitions signed
may do so in our "Free Speech Zone" located at Fourth
and A St. These parties may not have a stationary booth of any
kind if they have not applied through the Market. We do ask that
any and all groups apply for a space at the Market rather than
walk the Market. We are a non-profit organization and would appreciate
the small fee that it takes to have a booth at the Market. It
is these fees that publicize and organize the Market as a large
community gathering. Please do your part by applying for a booth.
12. Entertainment
Appropriate
entertainment will be considered every week on 5 different stages
by the Market Manager. The decision to approve or deny an applicant
will be made on appropriateness of presentation, talent, and fit
with a particular theme or orientation.
A. The Executive
Director and/or Market Manager shall select the type of entertainment
best suited to promote the goals of the event. Tapes/CD's are
required.
B. Entertainers must keep sound levels within a certain decimal
range prescribed by the Executive Director and/or Market Manager.
If the sound level is not adhered to the entertainer will not
be welcomed back to the Market. Entertainers are encouraged to
display a sign with a phone number as well as display a location
for tips.
13. Arts
and Crafts
14. Merchants
Booths
Merchant booths
whether they are artisans or merchants (reselling goods) will
be allowed in the Market in the following order:
1. Downtown
BID Business Owner
2. Downtown Business Owner
3. Artisan from Marin
4. Artisan
5. Local Merchant reselling goods
6. Merchant reselling goods
A. The decision
to approve or deny an applicant will be made on the appropriateness
of presentation by the Market Manager. Booth presentation is very
important. All boxes must be out of sight and tables covered with
table clothes to the ground. Proper booth presentation is left
to the discretion of the Manager.
B. Booth location will be decided by the Market Manager/Executive
Director on a seniority basis and then first come first serve.
Once an application is in the office, if all the appropriate paperwork
is in you will be placed on a waiting list. The Market Manager
will call as soon as a space comes available for your particular
product. The call will come the Friday or Monday before the Market
date. At this time a vendor can accept or continue to be on the
waiting list. Once you are in the Market, it is up to the individual
vendor if they want a space the following week. An envelope is
provided at the Market for payment for the following week. If
this envelope is not returned that same evening, no space will
be guaranteed.
C. A vendor has the right to miss (with notice) 2 weeks during
the 26 week period of the Market without loosing their specific
space location. If a vendor misses more than two weeks their space
will be available to the next person with seniority that wants
this space. No space can be assigned to anyone other than the
name on the application.
15. Certified
Farmers Market
The Certified
Farmer's Market is sponsored by the Redevelopment Agency and is
governed by the above rules along with the following set of rules
that have been formed specifically for the Certified Farmer's
Market. Call (415) 492-8007 if you have any questions.
A. The San
Rafael Farmer's Market Festival operates on a direct marketing
principle. The certified farmer's market has been organized to
benefit the farmer and consumer alike. It is the purpose of the
farm market to provide a convenient and inexpensive place for
the farmer to sell his produce directly to the consumer. The consumer
will benefit by being able to buy truly fresh produce, hopefully,
at reasonable prices.
B. Vendors selling fruits and vegetables must have a valid Certified
Producers Certificate issued by the Agricultural Commissioner
in the county of origin of their produce. Certificates must be
posted in plain unobstructed view from the vendor's table at all
times during each market.
C. Every grower using the farm market's facilities must file a
copy of his certified producers certificate signed or counter
signed for use in Marin County and a signed copy of the market
rules with the market manager. The County Health Dept. has specific
requirements for signs identifying vendors under their jurisdiction.
Each seller should have a display sign bearing his or her business
name and county of origin along with their certificates
D. All commodities sold at the farm market shall meet the requirements
of the California Food and Agricultural Code. For commodities
that must be weighed, scales or balances are required, and must
be sealed by the county sealer of weights and measures.
E. Peddlers are not permitted to sell at the farm market. No re-sales
of any commodities may be made, and no commissions may be paid
or received in connection with sales at the Farm Market.
F. Products may be sold by the grower therof, a member of his
immediate family, or by a paid employee (proof of employment must
be supplied upon request). One certified producer may act for
and sell the products of another certified producer (in accordance
with State regulations) with the approval of the market manager.
However the producer selling must own (produce) over 50% of the
products displayed for sale.
G. Collusion among growers to raise prices or exertion of any
influence, pressure, or persuasion to cause a grower to increase
prices are strictly forbidden.
H. By signing a copy of these rules, a grower specifically recognizes
that a representative of the Market may, by appointment, visit
the certified farm location as necessary to verify compliance
with these rules.
I. Any producer claiming to have "organic" produce must
be registered with the agricultural commissioner in the county
of principal operation, and comply with all mandates of the "California
Foods Act of 1990". The organic producer has the option to
get "certified" by a private certification organization,
CDFA and CCAC. Certification is voluntary, however getting a certification
enables the organic producer to use the word "certified".
J. The producers must also provide the Market Manager with copies
of other required documentation (such as liability insurance for
the grower's vehicle used in the Market) and must understand and
sign an agreement to respect these governing rules.
K. All participants in the market must abide by the regulations
set by the County Health Dept. Food and food containers must be
kept off the ground, either on a sturdy table or in (or on) a
vehicle. Health regulations prohibit the sale of food in an unlicensed
kitchen.
L. Growers are strongly encouraged to display their prices (per
unit etc.) clearly and unambiguously. Prepackaged products sold
in containers (packages, bottles) must be labeled with the quantity
of weight of the contents, the grade (if applicable), and the
name and address (including zip code) of the producer.
M. The official opening will commence with the sounds of the Saint
Raphael Mission Church Bells, at 5:00pm. Sales shall end and clean
up shall begin no later than the official closing hour, 8:00pm.
A citation will be given to any vendor on the streets after 8:30
pm.
N. All growers are expected to reserve their spaces with the Market
Manager. Growers arriving without reservations will not be able
to sell that day. Growers failing to notify the manager in advance
of their intention not to attend a market will be charged the
regular stall fee for the day missed when they next appear at
the market. 72 hour notice is required.
O. Growers shall guarantee their products, food items, and whatever
else they sell. All sellers of potentially hazardous foods 9 as
described in State Regulations: "any food which consists…of
ingredients capable of supporting rapid and progressive growth
of infectious or toxicogenic micro-organisms, including, but not
limited to, milk or milk products, eggs, meat, poultry, fish or
shellfish") must furnish satisfactory proof of compliance
with regulations applicable to the preparation of their products
(such as licenses from approved commissaries.).
P. The Market Manager has the authority to order a grower to label
a commodity of impaired quality and/or remove it from the sale
on any given market day on account of poor quality. In case of
dispute, the matter may be referred to the Board.
Q. Vendors may not display and/or advertise items they are not
permitted to sell. Thus, gift packs containing produce not grown
by the vendor are prohibited. Before attending market, the seller
must have received approval for all the items offered for sale,
under whichever categories and approval procedures apply.
R. Vendors must clean up their assigned space before leaving,
and must provide their own refuse containers. City trash containers
are not to be used for vendor debris. A warning will be issued
if debris is left, and the vendor's permit may be revoked if the
infraction continues.
S. Vendors will be allotted a parking space in a centrally located
area allocated for farmers only. A three (3) foot space must be
left between vendors' tables. This space must be kept clear at
all times.
T. The Farmer's Market Festival is inspected each week by the
Market Manager. Failure to comply with Market rules, Marin County
Agriculture Dept. or State regulations may result in suspension
or expulsion from the Market. All products must be grown in California
or caught in State waters.
U. Growers participating in the market must agree to stay from
4:30 pm until the Market's 8:00 pm. closing.
V. Egg sellers must own and control the hens laying the eggs and
be in compliance with all laws, state and federal, relating to
egg production quality control, and sales.
W. Ocean-Fish sellers must own or control at least one fishing
boat and be in compliance with applicable state health, wildlife,
and size-and-weight laws and regulations relating to sales of
fish; they must supply the Market Manager with copies of pertinent
permits and licenses, and in particular of currently valid product-liability
insurance coverage.
X. Honey sellers must own and control the hives where the honey
has been produced and be in compliance with all laws relating
to honey production and sales. Specifically, the seller must comply
with state regulations regarding containers, grading, labeling,
and must supply a copy of the health permit for the kitchen facility
used in preparing and packing the product. Apiary regulations
will be required of all honey and bee product sellers.
Y. Day to day market problems should be handled through the Market
Manager, but matters of policy, complaints, and major difficulties
should be taken up with the Board in writing.
Z. The Market Manager will assure compliance with these regulations
as follows:
1. The Market Manager will deliver fair warning of the alleged
infraction(s), verbally at first; then, in case of need, by written
notice to the offending grower(s) with a copy to the Board.
2. If alleged infraction is still not resolved to the Market Manager's
satisfaction by the next market day, the Market Manager will issue
a second written notice which will carry an automatic fine of
$20.00.
3. If the alleged infraction is still not satisfactorily resolved,
the Market Manager may suspend a producer's selling privileges
at the Market. The vendor can then file a grievance with the Board,
after a fair hearing their decision is final.
16. Waiting
List
A. For ALL
applicants on the waiting list, priority is given to those who
have attended the greatest number of market days, who sell commodities
under-represented at the market, whose produce is grown in accordance
with California Health and Safety Code 26569.11, or whose farm
is located in the county where the Market is located (Marin).
17. Fees
A. Participation
in the Farmer's Market Festival is a privilege for businesses,
non-profit organizations, and farmers. Since there are substantial
costs (such as janitorial, trash removal, organization, fees and
permits) involved with sponsoring these weekly events, the Farmer's
Market Festival Board has established permit fees in the following
categories.
Barbeque and
Other Food Prep Vendors
Arts and Crafts/Merchants Booths/Bakery
Non-Profits (fund raising and informational)
B.I.D. Merchants
Food Carts
Farmers
Students (under 18)
Fees for permits
must be paid when the application is filed.
A fee schedule,
subject to annual review, is available on the How to Participate
Sheet. For more information call (415 492-8007.
The Farmers'
Market Board reserves the right to change these rules as they
deem necessary for the changing times.
