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. Nonrefundable 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 6 FEET 8 FEET 12 FEET 18 FEET 26 FEET SEASON PASS $ 450.00 $ 600.00 $ 900.00 $ 1350.00 $ 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.