Kewaunee County
Farmer’s Market
Sponsored by the Rural Enterprise Network
2015 MARKET Information, Policies and Guidelines
Addendum A
The following is information and policies under which all Vendors agree to operate at the 2015 Kewaunee County Farmers Market.
2015 MARKET HOURS:

Sundays – 10:00am - 3:00pm

June 14 – October 25
MARKET Season, Dates and Hours
The 2015 Kewaunee County Farmers Market (MARKET) is sponsored and administrated by the Rural Enterprise Network (REN) and will be held on
Sundays from 10:00am to 3:00pm. The MARKET season begins on June 14 and will end on October 25 th th
.
In addition a “sneak preview” will be held May 17.
Note:
The following Special Events are planned within the County during the 2015
MARKET season:
June 20 Ahnapee Train Summer Solstice 50 Run
July 11
– 12 Trout Fest (Kewaunee)
July 18
– 19 Kewaunee County Fair (Luxemburg)
August 1 - 2 Czech Fest (Kewaunee)
August 14-16 Shanty Days (Algoma)
Sept 11- 12 Wet Whistle Wine Festival (Algoma)
Sept 26 – 27 Agricultural Heritage Days (Luxemburg)
THESE DATES ARE SUBJECT TO CHANGE. THE SPONSORS FOR
THESE EVENTS ARE RESPONSIBLE FOR CONTACTING MARKET
VENDORS IN ADVANCE OF THE EVENT.
The MARKET will be held regardless of weather conditions, unless such conditions present a safety risk to the general public.
Location
The MARKET is located at The Flying Pig Art Gallery and Green Space N6975
State Highway 42 - about 1 mile south of Algoma
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WEBSITE
REN will be responsible for maintaining MARKET information for the General
Public at KEWCOFARMERSMARKET.COM website.
Enforcement of MARKET Policies
RENs designated MARKET representatives responsible for implementing the
MARKET policies, and coordinating the operation of the MARKET. They can be contacted as follows: ruralenterprisenetwork@gmail.com
Jodi Parins Sandy Winnemueller
920-366-5029 (Personal cell) 920-256-0817
Approved VENDORS
Only VENDORS approved by the REN may participate and sell products in the
MARKET. VENDORS at the MARKET are granted a non-transferable, revocable license to occupy and use display area spaces at the MARKET, subject to the terms set forth herein. An approved VENDOR is a party that meets all of the following requirements: (i) sells product at the MARKET; (ii) has in its possession a fully executed “2015 MARKET Participation and License Agreement” signed by both the VENDOR and REN; (iii) has submitted copies of all relevant certifications and licenses to REN and (iv) has paid all required display area rental fees to REN. The term VENDOR includes the individual(s) signing the
Agreement and any employees, family members or friends identified in the
“VENDOR Application“, who will assist the approved VENDOR at the
VENDORS’s authorized location in the MARKET.
Sub-Licensing of Vendor Spaces
Sub-Licensing is not permitted
Prohibited VENDORS
Only the highest quality food items that have been grown or produced locally are permitted at the MARKET. Sales of other items such as handmade, craft-type items, used or secondhand household items, or flea market items at the
MARKET are expressly prohibited. Flea market items are defined as commercially mass produced or imported items, wholesale, odd-lot or closeout items, including, but not limited to vintage clothing, furniture, lighting fixtures, toys, paper goods etc. and any other items that REN feels is not appropriate.
Assignment of VENDOR Display Area Spaces
Each VENDOR is limited to occupy and use only those display area spaces approved and designated by the REN. No single VENDOR or combination of
VENDORS shall be permitted to purchase, occupy and use more than four (4) display area spaces in the MARKET.
REN will assign all VENDOR display area spaces at the MARKET. In the assignment of display area spaces, VENDORS who actively participated in the
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pri or year’s MARKET will have priority in the terms of the location of display area spaces over new or first-time VENDORS. To the fullest extent possible, all
VENDOR space assignments will be based on the order in which complete applications and payments are received by REN. All VENDORS filing completed applications and paying required fees after June 1st, will be placed on a waiting list, and must wait to receive confirmation from REN before participating at the
MARKET. VENDORS who use the PAY FOR DAY option in the 2015 MARKET shall be assigned space on a first come first served basis.
IMPORTANT NOTE: DISPLAY AREA SPACES(S) WILL NOT BE ASSIGNED
TO A VENDOR UNTIL VENDOR HAS DELIVERED TO REN ALL OF THE
FOLLOWING:
1. A COMPLETED AGREEMENT SIGNED BY THE PARTICIPATING
VENDOR;
2. A COMPLETED 2015 VENDOR APPLICAITON;
3. REQUIRED VENDOR FEE PAYMENT;
4. COPY OF ALL REQUIRED VENDOR CERTIFICATIONS, LICENSES,
AND PERMITS
VENDORS are deemed approved and can occupy and use display area spaces(s) only after they have received the countersigned agreement with space assignment from REN
VENDOR Notification at the End of Selling Period
Each VENDOR is required to provide written or verbal notice to REN prior to the “END OF SELLING PERIOD” or the date the VENDOR will no longer sell produ ct at the MARKET. For purposes of this agreement, the “END OF
SELLING PERIOD” is defines as the date the VENDOR will no long sell at the
MARKET or the date VENDOR is quitting business at the MARKET for the
2015 season. After the “END OF SELLING PERIOD” and when a VENDOR is no longer actively selling at the MARKET, the REN-designated MARKET representative may re-assign the display area spaces to another VENDOR.
Entering the MARKET
When entering the MARKET, VENDORs who have paid for the year may proceed to their assigned display areal. VENDORS who choose to Pay by the Day are to checkin and provide payment at the REN administration table prior to set up.
REN designates are responsible for overseeing and coordinating MARKET set up and take down on all MARKET days with participating VENDORS, and to make sure the rules of the MARKET are being followed.
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VENDORs are permitted to enter the MARKET after 9:00 A.M. on MARKET
DAY and agree to be set up and open for business by 10:00 A.M. VENDORs agree to make no sales to the public before 10:00 A.M.
VENDORS will use designated VENDOR entrance and parking area located at the south end of the MARKET.
VENDOR Parking
After arriving and unloading, VENDORS are required to move their vehicles to the VENDOR parking area. All vehicles must be moved by 9:45am and may not re-enter the display area until 3:00pm.
Exiting the MARKET
For public safety reasons, VENDORS are strongly encouraged to remain at the MARKET in their designated display area space(s) until 3:00pm even if they have sold all their goods.
All VENDORS are responsible for the removal of all garbage, personal items and equipment from their display area spaces(s) after 3:15pm on the
MARKET day and are required to leave the MARKET property no later than
4:00pm on MARKET DAY and.
Property Maintenance and Utilization
Each VENDOR is responsible for keeping their VENDOR display area spaces(s) clean at all times, and must remove all food, litter, scrap litter and garbage/debris before leaving the MARKET property, or be subject to enforcement under REN policies. Unsold food products including but not limited to fruits, vegetables, herbs or spices, and other refuse must be removed from the MARKET site.
Permits and Licenses
Each VENDOR is responsible to apply and pay for any and all permits, licenses, certifications and fees required by REN, Kewaunee County and
State and Federal agencies. VENDORS who anticipate gross sales at the
Market in excess of $1000 in taxable merchandise in 2015 must contact the
Dept of Revenue to secure a sellers permit and sales tax number.
VENDORS that anticipate sales of less than $1000 or are sellers of only raw vegetables or fruits for home consumption are not responsible for payment of sales tax. Vendors are expressly responsible for making sure they have obtained all required certificates, permits and licenses and any equipment to legally operate at the Market. Acceptance into the MARKET should not be interpreted as an acknowledgement by organizers that all appropriate certifications, permits and licenses are in place. Compliance with ALL applicable, local, state or federal requirements is the express responsibility of
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the VENDOR. The VENDOR is solely responsible to make sure their operation is legal.
Note that the processing and selling food products without proper licenses is a violation of Wisconsin law.
If selling food or food products at the MARKET, VENDORS must first contact
Kewaunee County Health Department to determine if they have met all county requirements.
Sales Tax
Department of Revenue (DOR) –Sales and Use Tax (Chapter 11, Wisconsin
Administrative Code) and specifically Tax 11.53(1)(a) “ Temporary Events”, requires that VENDORS participating in temporary events such as a farmers market are required to obtain a mobile seller’s permit if the event is not held at the retailers fixed business location, which is the case for the MARKET.
Section Tax 11.53(3) further states the persons, other than nonprofit organizations, not required to hold a seller’s permit who have total taxable gross receipts from sales of tangible personal property or taxable services of less than $1,000 during a calendar year are not required to hold a seller’s permit or mobile seller’s permit. In other words, if your total taxable gross sales at the MARKET in 2015 are less than $1,000, there is no reporting of sales tax required. VENDORS are responsible to check with the DOR to determine your status, and if a seller’s permit or if a sales tax number is required or not.
Each VENDOR is responsible for collecting and reporting any required sales summary of agencies to contact for license information and requirements is attached. The license information is believed to be accurate, but not warranted. Each VENDOR is responsible to make sure they are licensed correctly, and are responsible for their own tax, permits and license liabilities.
If a VENDOR anticipates exceeding the $1,000 gross sales threshold at the
MARKET, the VENDOR will need to obtain a sales tax number from the DOR.
Sales tax violations may result in the VENDOR not being permitted to participate in the MARKET for the remainder of the 2015 season. The
VENDOR is solely responsible for damage or personal injury resulting from
VENDOR display at the MARKET.
Health and Safety Requirements
All items intended for sale must be kept off the ground at all times and be in safe and sound condition. VENDORS providing food for consumption at the
MARKET are required to provide their own garbage receptacle and to remove said garbage from MARKET by no later than 4:00 pm on the day of the
MARKET.
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The VENDOR is solely responsible for damages resulting from the sale of unsafe or unsound goods. No potentially hazardous foods are allowed to be sold. The VENDOR is solely responsible for making sure the VENDOR complies with all local, State, Federal licensing requirements and regulations.
Under no circumstances are firearms allowed on MARKET property.
Scales
Scales are subject to inspection by the State. If selling goods by weight, a
VENDOR must use a certified, legal for trade, scale (weighing and measuring device) which may be subject to periodic inspections and which must be calibrated and accurate, and acceptable to the Wisconsin Department of
Agriculture Trade and Consumer Protection (DATCP). The VENDOR is solely responsible for contacting the Weights and Measures division of
DATCP regarding the certification of their scales and for making sure their scale is calibrated correctly and in for compliance with DATCP requirements.
Only scales allowed pursuant to Administrative Code, Agriculture, Trade and
Consumer Protection (Chapter 92) regarding weights and measures are permitted at the MARKET. Scales with calibration dates of more than one year previous to the current MARKET date are not allowed at the MARKET.
Insurance
REN or The Flying Pig LLC carries no insurance for individual VENDORS.
Each VENDOR is responsible to provide their own liability insurance for operation at the MARKET and must present a copy of certificate of insurance along with appli cation to MARKET. The Flying Pig’s general liability insurance at the MARKET’s property does not protect VENDORS utilizing the property.
Cautionary note: As a general rule, the typical farm liability policy does not provide protection for activities which happen off the farm premises, such as at the MARKET. In addition, the policy may treat sales at the MARKET as a business activity not covered by the farm liability policy. This means to be covered for sales at the MARKET, a separate commercial policy may have to be purchased. All VENDORS are required to make sure their insurance coverage includes the conduct of business at the MARKET. Consult with your insurance agent.
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REN Remedies for Breach
Violation for any material provisions of the AGREEMENT or policies of the
MARKET is a material breech by the VENDOR. Upon notice by REN to the
VENDOR of the occurrence of a breach or default during the MARKET and failure of the VENDOR to correct the breech within a reasonable time as determined by REN representatives, the VENDOR agrees to remove personal equipment, clean their display area(s) and vacate the MARKET premises. Failure to vacate MARKET property may subject the VENDOR to civil and criminal remedies including but not limited to remedies for civil and criminal trespass.
Covenant not to Sue
The VENDOR will not institute any action or lawsuit against REN, REN volunteers or designees, T he Flying Pig LLC or it’s officers, owners, agents or employees
(“PARTIES”) as a result of operation under the AGREEMENT.
The VENDOR will not aid in the institution or prosecution of any claim for damages, costs, loss of service, expenses or compensation for, or on account, of any damages, loss or injury to person or property as a result of operation under the AGREEMENT.
Indemnification
The VENDOR hereby agrees to indemnify and hold harmless, release, waive and forever discharge the PARTIES, for all bodily and personal injuries including injuries resulting in death and property damage, claim, actions, damages, liabiliti es and expenses, including reasonable attorney’s fees and courts costs, which may occur as a result of a VENDOR’s participation in the
MARKET, whether or not caused by a negligent act or omission of the above referenced PARTIES.
No Refund of Fees
No porti on of any MARKET participation fees paid to REN or it’s designate will be refunded unless REN reduces the number of display area spaces previously paid for by VENDOR or if due to extraordinary circumstances.
Other than this exception, all payments are final. REN reserves the right to re-assign display area space(s) during the 2015 season if those spaces are not used by a VENDOR and become available on a particular MARKET day.
Power, Equipment and Supplies
Each VENDOR must supply their own tables and other display equipment as well as canopies, umbrellas and other weather protection devices. VENDORS are responsible to secure canopies and weather devices on each leg of the device and are expressly prohibited from drilling, nailing, staking or otherwise affixing any part of their display into the parking area of the MARKET.
The VENDOR is solely responsible for any damages or injury resulting from
VENDOR displays or equipment at the MARKET.
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Generators shall be permitted at the MARKET as long as they are deemed suitable and are not disturbing to an adjacent VENDOR. The term
“generator” is defined as any device that generates noise, air, vapor or gas and includes air compressors, refrigeration units as well as electrical generators. VENDORS planning on using a generator must so designate on the VENDOR Application. Generators, whether gas or electric powered, will be allowed as long as they do not exceed a noise level over a 10 minute period of over 65 decibels measured at a distance of 15 feet from the unit. If a VENDOR wishes to use a generator that exceeds 65 decibels they shall be allowed to run the generator before 10:00am and after 3:00pm on MARKET days or locate the generator at an alternate location on the MARKET grounds as assigned by REN organizers.
Toilet Facilities and Barricades
VENDORS may utilize public restrooms inside The Flying Pig Gallery and
Green Space. REN will provide barricades delineating the MARKET and
VENDOR entrances. REN designees will be responsible to make sure all are located, installed, secured and removed properly on MARKET property.
MARKET Environment
The purpose of the MARKET is to make friends for and highlight Kewaunee
County as a great Local Food location and a welcoming destination.
VENDORs are asked to support this mission to be a safe, kid and pet friendly environment.
VENDOR Conduct
Discrimination due to race, ability, sexual identity, religion, or gender is strictly prohibited. Firearms are not allowed on MARKET property. Consumption of alcoholic beverages by VENDORs is not allowed during the MARKET hours.
Vendors should be properly attired during MARKET hours (shirts and shoes required). Any VENDOR that is violent, profane, retaliatory or prejudicial toward fellow VENDORs or the general public will be asked to leave the
MARKET for the day and may have their right to participate in the remainder of the MARKET season revoked for cause. Any VENDOR asked to leave the
MARKET agrees to remove personal equipment, clean their display area(s) and vacate the MARKET premises. Failure to vacate MARKET property may subject the VENDOR to civil and criminal remedies including but not limited to remedies for civil and criminal trespass.
If a VENDOR feels they are being harassed by other VENDORS, is being negatively affected by a generator (as defined Under Displays and Generator section) noise or sell emanating from a VENDOR or a VENDORS equipment or vehicle, or if a VENDOR observes negative behavior of another VENDOR or the general public on MARKET property and wishes to report it to the REN administrators, they are encouraged to contact the administrator either in
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person, by telephone or e-mail. The anonymity of the complaining party will be protected to the fullest extent possible. If appropriate, the offending
VENDOR will be asked to leave the MARKET for the day (see VENDOR conduct section). Following the occurrence and if appropriate and to the fullest extent possible, a three (3) person committee including a REN representative and up to two (2) independently selected MARKET VENDORS will be convened within 96 hours of any incident under this section to make a final determination of any corrective action required against a VENDOR (S), including issuing warnings, revocation of right to participate in the remainder of the MARKET season, etc. Based on severity of the complaint Kewaunee
County Police Department may be summoned.
______________
Vendor initials/date
____________
REN initials/date
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