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Burlington Farmers’ Market Guidelines

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Burlington Farmers’ Market Guidelines Powered By Docstoc
					                 Burlington Farmers’ Market Association, Inc.
                        Market Guidelines 2013-2014

1. Mission Statement
         The Burlington Farmers’ Market shall exist for the purpose of providing a direct marketing
outlet for Vermont farmers and food and craft artisans; that being a primarily agricultural market with
emphasis on consumers having an authentic experience meeting the producers face to face.

2. Schedule
        Summer Market:
                a. The Summer Market is held in City Hall Park every Saturday from Mother’s
                         Day weekend through the last Saturday in October.
                b. The Market opens at 8:30 a.m. and ends at 2:00 p.m. Unloading and set-up
                         for vendors may begin at 6:30 a.m.
                c. Day vendors and Provisional vendors will be placed in vacant spots as the
                         space and advance warning time allows.
                                 --------------------------------------------------
        Winter Market:
                a. The Winter Market is held in Memorial Auditorium either 2x or 3x a month
                         from November through April.
                b. The Market opens at 10:00 a.m. and ends at 2:00 p.m. Unloading and set-up
                         for vendors may begin at 8:30 a.m.
                c. Day vendors and Provisional vendors will be placed in vacant spots as the
                         space and advance warning time allows.


3. Vendor Definitions
        a. All members must be year round Vermont residents.
        b. Membership will fall under one of the following categories:
                 i. Permanent Vendor Members: Defined as a member that have paid their annual
                           membership dues and are season pass holders. Permanent Vendor Members
                           have one vote per vendor member and the ability to serve on the Steering
                           Committee and/or ad hoc committees.
                                    a. Sabbatical Vendors are considered Seasonal Vendor Members and
                                              must meet the criteria of Sabbatical Vendors in the
                                              guidelines.
                 ii. Day Vendor Members: Defined as vendors that fill in vacancies on any given market
                           day. Day Vendor Members do not have the right to a vote and cannot sit on the
                           Steering Committee and/or ad hoc committees. They do acquire seniority
                           points.
                 iii. Provisional Vendor Members: Defined as vendors that have been granted a one
                           season trial. At the end of that season, the Provisional Vendor Member will be
                           asked to reapply to become a Seasonal Vendor Member. If they are accepted as
                           Vendor Members, their provisional year will count towards seniority. They do
                           not pay a membership fee their Provisional year.
                 iv. Supporting Members: Defined as members that have paid their annual membership
                           fees, and are non-voting, non-vending members, but may serve on ad hoc
                           committees.
        c. Membership can be transferred if a vendor business is sold. Seniority points transfer
                 100%. The new owner is allowed into the BFM as a Provisional Vendor.
        d. All members must follow market by-laws and guidelines.
        e. One sales person at the market a majority of the time:
                 i. the owner/producer of the product(s) for sale
                  ii. immediate family members of the owner who are directly involved in the
                            production of the product(s) for sale
                  iii. employees of the owner involved in the pre-market production of the
                            product(s) for sale.
  **Exceptions and extenuating circumstances may be made with permission from the Market Manager or
                                            Steering Committee**
        f. A vendor member must pay, in full, annual membership dues and space fees.
        g. All first year vendors will be Provisional Vendors and will not be guaranteed a full vendor
                  membership the following year. Provisional Vendors must reapply and be accepted to
                  qualify as Vendor Members.

4. Vendor Categories
         The Burlington Farmers’ Market exists to facilitate a link between local producers and
consumers. To that end, we only allow the sale of producer-grown or made goods. The Market is
primarily an agricultural market but also provides a variety of products made in local cottage industries.
The following vendor guidelines apply:
         a. An agricultural vendor is defined as follows: a vendor who sells food, fiber, plants, or flowers,
                   and value added agricultural products that were grown in Vermont by the vendor or
                   the vendor’s employees.
                             i. Vendors selling meat (eggs not included) are required to own the animal for
                                      75% of the animal’s life. This is to discourage brokering of meat and
                                      simply finishing meat and selling it at the market.
         b. A prepared food vendor is defined as follows: a vendor who sells ready to eat food or drink
                   prepared by the vendor in Vermont in a home or licensed community kitchen. Food
                   vendors are encouraged to source ingredients from local Vermont farms and
                   businesses.
                             i. The Burlington Farmers Market will provide uniform signage to any vendor
                                      who wishes to advertise their use of products from an identified local
                                      producer.
         c. A craft vendor is defined as follows: A vendor who sells items that do not qualify as
                   agricultural or prepared food and that are hand crafted in Vermont by the vendor in
                   their home or shop.
         d. Agricultural Vendors will make up at least 55% of the total membership. Craft Vendors will
                   make up no more than 30% of the membership. Prepared Food Vendors will make up
                   no more than 30% of the membership.
                             i. All Agriculture Vendor Members can sell ready to eat food items, the major
                                      portion of the ingredients of which were produced on their farm, all
                                      items must be juried by the Steering Committee before they can be
                                      sold at the market.
         e. For the purposes of administering guideline (4.d) only, a member who sells in two categories
                   (i.e. both agricultural and food items) shall be counted as one (1) vendor in two half
                   (1/2) categories. The ratio of vendors is based on the total of paid Vendor Members at
                   the start of each Seasonal Market. It is not based on the attendance on any particular
                   day.
         f. All new vendors will be subject to a jury prior to selling at the market. Eligibility will be
                   determined by the Steering Committee. All new vendors accepted by the SC will be
                   Provisional Vendors for at least one full season.
         g. The Steering Committee will review new member applications as well as new additions and
                   changes to Vendor Member Information Forms to avoid over representation of similar
                   vendors and products.
         h. New Vendor consideration will be based upon market need and the ability of the market to
                   act as an incubator for emerging businesses.
         i. Acceptance into one Seasonal Market does not guarantee a space at the other Seasonal Market.
                   Vendors must apply to join each market separately.
5. Vendor Expectations and Responsibilities
        a. Vendors shall comply with all rules and regulations of the State of Vermont, and the City of
                 Burlington relating to the products they sell (including but not limited to: State ID Tax
                 #, sales tax, labeling and processing laws, etc.)
        b. All members are expected to participate in the Market in the spirit of cooperation.
        c. Produce vendors must use certified legal-for-trade scales if selling by the pound. The State of
                 Vermont Dept. of Weights and Measures will inspect scales at random throughout the
                 summer.
        d. Vendors with reserved spaces MUST notify the Market Manager by 6 PM Thursday if they
                 are not attending the Saturday market. Early notification is necessary to give Day
                 Vendors a chance to prepare. More advance notice is preferable. Unexcused absence
                 will result in a written warning, and notation in the infraction log.
                                    --------------------------------------------------

Summer Market:
        e. Vendors must be set up and ready for business at 8:30 and must stay until 2:00 unless sold out
                  or vendor has made prior arrangements with the Market Manager. Vendors are
                  encouraged to try and bring enough products so they do not sell out early. Vendors not
                  set up and ready to sell by 8:30 OR leave before 2:00 will be issued a warning by the
                  Market Manager or any member of the Steering Committee following the
                  “Enforcement Guideline 6. a.-b.” (Extenuating circumstances may be granted by the
                  Market Manager or a Steering Committee Member.)
                                    --------------------------------------------------
Winter Market:
        e. Vendors must be set up and ready for business at 10:00 and must stay until 2:00 unless sold
                  out or vendor has made prior arrangements with the Market Manager. Vendors are
                  encouraged to try and bring enough products so they do not sell out early. Vendors not
                  set up and ready to sell by 10:00 will be issued a warning by the Market Manager or
                  any member of the Steering Committee following the “Enforcement Guideline 6. a.-b.”
                  (Extenuating circumstances may be granted by the Market Manager or a Steering
                  Committee Member.)
                                    --------------------------------------------------
        f. As both markets are high-density areas, vendors are not allowed to smoke within the
                  perimeter of the market. The Market should be considered a “Smoke Free Zone.”
        g. Each market day, vendor spaces must be cleared of debris, and all vendor-generated trash
                  must be taken home with that vendor. Vendors are not to deposit trash that they
                  personally generate in the public trash barrels at either site.
        h. Vendors are required to submit weekly gross sales figures to the Market manager, rounded
                  off to the nearest dollar. If a vendor sells in more than one category, one gross receipt
                  slip must be filled out accordingly. These figures are confidential; only aggregate
                  figures will be available to the public (Day rate vendors must submit gross receipts at
                  the end of the day that they vend to the Market Manager.)
        i. Vendors may sell branded items including items with their logo or business name on them as
                  long as the material does not take up more than 10% of the vendors display. All
                  proposed items must be juried and approved by the Steering Committee.
        j. Every vendor must display signs indicating their business name, and where they are from.
                                    --------------------------------------------------
Summer Market:
        k. Excessive smoke from grills is a problem for other vendors and customers; vendors using
                  grills must not create excessive smoke. Vendors grilling at the market must bring a
                  Market Manager approved fire extinguisher with them.
        l. The market manager, at his/ her discretion, may require a vendor to erect a barricade around
                  their cooking apparatus.
                               --------------------------------------------------
       m. Vendors who have stated on their Vendor Info form that they plan on using a generator must
              get approval from the Steering Committee. If the use of a generator becomes disruptive
              during the season, the Steering Committee may revoke the permission.

6. Enforcement
       a. All vendors are expected to know and follow the guidelines of the Burlington Farmers Market
                or will be subject to permanent dismissal from the market. If the vendor is found not
                following the guidelines, they will be given three warnings.
                         i. The warnings will be given in writing, stating which guideline they have
                                   violated and briefly noting the specific nature of the violation. The
                                   warning will state on it the vendor’s rights to appeal, and the
                                   potential consequences of further violations. The issuing party will
                                   sign the warning and the offending vendor will sign stating that they
                                   understand the nature of the violation that they are accused of and
                                   that they understand the consequences of further violations and their
                                   right to appeal. If the offending vendor refuses to sign the warning
                                   then the refusal will be noted and a Steering Committee Member will
                                   be asked to witness that the warning was presented to the
                                   offending vendor.
                         ii. The vendor may appeal any given warning in writing within 2 days of
                                   receiving the warning. The appeal should be addressed to the
                                   Steering Committee and copies sent to all members at their home
                                   addresses, by postal mail and postmarked no later than 2 days after
                                   the date on the warning. It should state the date and nature of the
                                   warning in question, and the nature of the vendor’s appeal.
                         iii. The Steering Committee will decide on the appeal within 30 days, of
                                   receiving the appeal.
                         iv. Upon receiving 3 warnings in a given market season, and pending the
                                   Steering Committee’s decision on any appeals filed, the vendor may
                                   have their membership and the right to sell at the market revoked
                                   without a refund of any fees of any kind. This is 3 warnings of any
                                   kind. They can be 3 warnings about a violation of the same guideline
                                   or 3 warnings about violations of 3 different guidelines.
                         v. A Steering Committee member or the Market Manager can give these
                                   warnings.
       b. The Market Manager has the responsibility to implement policy on all operations on the day
                of the market according to the guidelines and as the need arises as determined by the
                Steering Committee.


7. Vendor Space Management
       Summer Market:
             a. Vending spaces for all members who pay for a season’s pass at the Spring Space
                      Assignment Meeting will be assigned on the basis of availability and
                      seniority.
             b. Burlington Farmers’ Market will award seniority in points rather than years: 1 point
                      equals 8-14 markets attended; 2 points equals 15-20 markets attended; 3 points
                      equals 21 or more market attended. Vendors with perfect attendance during
                      the summer season will receive an additional ½ seniority point (for a total of
                      3.5 for the season).
             c. To be a Season’s Pass holder, a vendor must attend a minimum of 10 market days the
                      previous year. In applying the above guidelines for the assignment of vending
                      spaces, no vendor who purchases a season’s pass at the Spring Assignment
                  Meeting can be displaced from the space they had the previous year unless
                  they attended less than 10 market days that previous year. Some exceptions
                  may be allowed subject to review by the Steering Committee (for example,
                  producers selling a seasonal product such as apples, or other seasonal fruit).
                  All vendors who purchase a season’s pass after the Spring Assignment
                  Meeting shall choose among the remaining available spaces on a “first come,
                  first serve” basis if such space is available during a given season.
        d. The seniority placement among vendors of equal seniority, placement within that
                  group will be determined by the number of markets a vendor attended the
                  previous season. Seniority among vendors who have attended the same
                  number of markets will be determined by a lottery.
                           --------------------------------------------------
Winter Market:
        a. Vending spaces for all members who pay for a season will be assigned at the Fall
                  Space Assignment Meeting.
        b. Burlington Farmers’ Market will award seniority in points rather than years: 1 point
                  equals 5-8 markets attended; 2 points equals 9-11 markets attended; 3 points
                  equals 12 or more markets attended. Vendors with perfect attendance during
                  the winter season will receive an additional ½ seniority point (for a total of
                  3.5 for the season).
        c. To be a Season’s Pass holder, a vendor must attend a minimum of 5 market days the
                  previous year. In applying the above guidelines for the assignment of vending
                  spaces, no vendor who purchases a season’s pass at the Fall Assignment
                  Meeting can be displaced from the space they had the previous year unless
                  they attended less than 5 market days that previous year. Some exceptions
                  may be allowed subject to review by the Steering Committee (for example,
                  producers selling a seasonal product such as apples, or other seasonal fruit).
                  All vendors who purchase a season’s pass after the Fall Assignment
                  Meeting shall choose among the remaining available spaces on a “first come,
                  first serve” basis if such space is available during a given season.
        d. The seniority placement among vendors of equal seniority, placement within that
                  group will be determined by the number of markets a vendor attended the
                  previous season. Seniority among vendors who have attended the same
                  number of markets will be determined by a lottery.
                           --------------------------------------------------
        e. The Market Manager shall keep and update attendance and membership records for
                  the purpose of defining seniority.
        f. The Market Manager shall maintain a current map of the market areas showing all
                  vending and parking spaces indicating where all season pass vendors belong.
                  This map shall be available at the market for the use in placing day rate
                  vendors.
        g. If a vendor space becomes available for the remainder of a season, the space may be
                  reassigned by the Market Manager for the remainder of that season only, to a
                  provisional vendor or to a day vendor, according to seniority.
                           --------------------------------------------------
Summer Market:
        h. Space sizes have 7½ feet of depth on the street side and 10 feet on the park side. The
                  linear footage is parallel to the sidewalk facing the customers. Overhanging
                  awnings, baskets, etc. are included in the depth. Any awning that extends
                  beyond the quoted depth shall be no lower than 6 feet 8 inches. Those vending
                  on the grass may not have their display extending more than two inches onto
                  the sidewalk.
                            i. Space size is limited to 4 blocks for any one vendor. (Vendors with
                                        more than 4 blocks prior to the 2008 season are grandfathered
                                        in.)
        i. Vendors should make sure their storage area does not extend beyond the ten feet
                allowed.
                         --------------------------------------------------
Winter Market:
        h. Vendors will be assigned a 6, 8, 12, 18 or 26 foot space. This will be their total
                frontage. Each vendor spot will have at least 6 feet of depth.
        i. Vendors should make sure their storage area does not extend beyond the depth
                allowed.
                         --------------------------------------------------



Summer Market:
        j. Vendor Sabbatical: A vendor with a permanently assigned space may take a one
                 season sabbatical without losing said space or vendor seniority. The same
                 vendor may take a second consecutive year of sabbatical, but will lose their
                 space but not their seniority. The following criteria must be met:
                           i. A vendor must have 10 seniority points
                           ii. Yearly membership fee must be paid by the annual meeting
                           iii. A $25 per block fee must be paid
                           iv. A vendor must accumulate another 10 seniority points before
                                       another sabbatical can be taken, appeal can be made to the
                                       SC under extenuating circumstance.
                           v. The Vendor does not accrue seniority points for sabbatical years
                           vi. The Vendor must inform the SC in writing before February
                                       1st about their intent to take a sabbatical for the upcoming
                                       summer market. Vendors who took a sabbatical the previous
                                       year must inform the SC by February 1st as to their intent to
                                       return to the upcoming summer market.
                           vii. If a vendor taking a sabbatical does not choose to return to the
                                       market, their spot will be offered in order of seniority to the
                                       remaining vendors.
                           viii. If the sabbatical vendor does choose to return, the displaced
                                       vendor will choose a new available spot based on seniority.
                          --------------------------------------------------
Winter Market:
        j. Vendor Sabbatical: A Vendor Member may take a one season sabbatical without
                 losing vendor seniority. The following criteria must be met:
                           i. A vendor must have 9 seniority points
                           ii. Yearly membership fee must be paid by the annual meeting.
                           iii. A vendor must accumulate another 9 seniority points before
                                       another sabbatical can be taken, appeal can be made to the
                                       SC under extenuating circumstance.
                           iv. The Vendor does not accrue seniority points for sabbatical
                                       years.
                           v. The Vendor must inform the SC in writing before September 1st
                                       about their intent to take a sabbatical. Vendors who took a
                                       sabbatical the previous year must inform the SC by
                                       September 1st as to their intent to return to the upcoming
                                       winter market.
                          --------------------------------------------------
        k. If 15% of Vendor Members with a permanently assigned spot will be displaced by
                 our contract with Parks and Recreation an automatic reshuffle will take place
                 at the next Space Meeting. If less than 15% of Permanent Vendor Members are
                 displaced; the decision to reshuffle will be at the discretion of the Steering
                 Committee.
8. Parking
        Summer Market:
                a. Parking at bagged meters on College Street and St Paul Street is by reservation with a
                          seasons pass and follows the same seniority system as vending spaces. The
                          parking fees are turned over to the City of Burlington.
                b. Any vendor who applies for a parking space with a vehicle over 18 feet must get
                          prior approval from the Steering Committee.
                c. If a vendor chooses to unload in another vendor’s reserved spot, he/she must move
                          immediately when that vendor arrives.
                d. Whenever a vendor is parked to unload in any unauthorized space, the Burlington
                          Farmers’ Market will not be liable for any parking fee violations that may
                          ensue.
                e. If there is a vehicle parked overnight in a vendor’s reserved parking space, the
                          problem should be immediately reported to the Market Manager in order for
                          the vehicle to be towed. That vendor will have to find parking elsewhere until
                          their space is available.
                f. Occasionally, reserved bagged meters are available on a week-by-week, first come,
                          first served basis. In order to make use of one of these spaces, a vendor must
                          get approval from the Market Manager. Vendors may choose to park in the
                          parking garage on St. Paul Street, north of the Market, for free with a permit
                          available from the Market Manager.
                g. If a vendor with a reserved parking space does not attend or use their space on a
                          given week, they are not reimbursed for the day they missed.
                                   --------------------------------------------------
        Winter Market:
                a. Reserved parking spaces on South Union are for Vendors that have purchased those
                          spots for the season. Vendors parked in those spots without the Market
                          Manager’s approval will be towed.
                b. Vendors are encouraged to unload and move their vehicles. If vendor vehicles are
                          left on South Union for an extended amount of time, they will be towed.
                c. Vendors are encouraged to park behind Edmunds Elementary School to free up
                          parking close to Memorial Auditorium for Customers.



These guidelines were accepted as amended by membership vote 03/12/08

* Revised 03/06/09
* Revised 02/17/10
* Revised 02/22/12
Fees
       a. Vendor Members must pay a $75 membership fee to vote on market issues and to sit on the
               Steering Committee and/or Ad Hoc Committees. Vendor Members pay this fee only
               once a year regardless if you vend at both seasonal markets or at only one.
                                --------------------------------------------------
       Summer Market:
               a. All vendors must be members of the Burlington Farmers’ Market. Non-refundable
                        Membership Fees will become due at the Annual Membership Meeting. Non-
                        refundable Seasons Pass Fees will become due at the Space Assignment
                        Meeting, or follow the optional payment plan of 50% due at the Space
                        Assignment Meeting and 50% due on or before June 1st.
               b. Day Vendors will pay the daily fee of $25 per Saturday attended for 5 feet ($50 for 10
                        feet)

                                Vending Space Fees: $375.00/Block
                               DISPLAY SIZE         SEASON PASS
                                 1 BLOCK                  $ 375.00
                                 1½ BLOCKS                $ 562.50
                                 2 BLOCKS                 $ 750.00
                                 2½ BLOCKS                $ 937.50
                                 3 BLOCKS                $ 1125.00
                                3½ BLOCKS                $ 1312.50
                                 4 BLOCKS                $ 1500.00
                                4½ BLOCKS                 $ 1687.50

                   Day Vendor Fee: $25.00 per Saturday per 5 Feet Linear Frontage
                                            5 feet capped at $475
                                           10 feet capped at $850
                                 --------------------------------------------------
       Winter Market:
               a. Fees will become due at the start of the Winter Market for returning Vendor
                        Members. For Provisional Vendors: 50% before the first November Market
                        and 50% by the first December Market.
               b. Fees will be assessed on amount of space requested. (Space sizes subject to change
                        for future markets)

                                 DISPLAY SIZE        SEASON PASS
                                  6 FEET               $ 450.00
                                  8 FEET               $ 600.00
                                 12 FEET               $ 900.00
                                 18 FEET               $ 1350.00
                                 26 FEET               $ 1800.00



                                       Daily Vendor Fee:
                               Any November and December Market
                                         6 feet: $75.00
                                        8 feet: $100.00

                            Any January, February, March, April Market
                                           6 feet: $50.00
                                           8 feet: $75.00
Parks and Recreation Contractual Obligations

a. The City of Burlington requires vendors in the City to carry product liability insurance. Therefore, all
         Burlington Farmers’ Market vendors are required to carry product liability for their products
         and must submit a current Certificate of Insurance for $1,000,000 personal and $2,000,000
         General Aggregate naming the City of Burlington as additionally insured; and the City of
         Burlington as a certificate holder. A copy of this certificate must be presented by the Spring
         Space Assignment Meeting before a space will be assigned.

b. The Market will not allow any prerecorded and/or amplified music.
                                  --------------------------------------------------
Summer Market:

c. Each vendor must be responsible for their ground cover, and for keeping one 2½ foot walkway to their
         left, between themselves and their neighboring vendor, free of obstructions. Ground cover will
         consist of carpeting, tarps or other suitable material at the discretion of the Market Manager.
         Ground cover must cover the entire area a vendor vends from, including back storage area.

d. Vendors MAY NOT use any park features in their display. These features include but are not limited
        to railings, lamppost, directional signs, public art, monuments and trees. Vendors are not
        permitted to hang signs or affix products. Vendors that set up over benches are still allowed to
        set up their table over the bench.
                                   --------------------------------------------------
Winter Market:

c. Vendors MAY NOT incorporate any open flames in their display. This includes sternos, grills and
        candles. All chaffing dishes must be electric.

				
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