In consideration of the opportunity extended to the vendor to participate at the Fountain Hills Farmers Market, including the right to sell produce and/or other products, vendor hereby agrees to the terms of the Rules and Regulations set forth as follows:
A. Owner. The Owner of the Fountain Hills Farmers Market is Dutchman’s Holdings LLC, dba Dutchman’s Markets.
B. Fountain Hills Farmers Market (FHFM). The FHFM, is the legally held trade name of the Owner, and represents the Owner and Staff operated market that is located in Fountain Hills, AZ 85268.
C. Vendor(s). Persons who have paid their booth rent fees, agreed to comply with the FHFM Rules and Regulations, and agreed to sell only the products which they have been authorized to sell by the FHFM and as further defined by the Indemnity and Liability Agreements.
D. Market Operator. The Market Operator is the Owner of the FHFM or the person appointed by the Owner to administer the Market and enforce the rules. Examples of the Market Operator’s authority include, but are not limited to:
1. Revoke a vendor’s participation in the FHFM.
2. Assign display and selling areas to vendors.
3. Direct the removal of ineligible products.
4. Direct vendors to comply with health and sanitation rules.
E. Farm or Domestic Products. Included are products that are grown or produced on farms, in homes or gardens. These products are further defined as follows:
1. Produce - Vegetables, fruit, grains, eggs, plants, plant cuttings, flowers, seeds, nuts and herbs which are grown by the vendor.
2. Prepared Foods - Food that are processed in some way by the vendor and are approved by the Health Department. These items include, but are not limited to; cured meats, baked goods, preserves, pickles, juices, canned products, and cheeses.
3. Artisans - Handcrafted products that are made in the home. The product may be made from manufactured materials provided that most of the product’s value results from the crafting of the vendor.
F. Imported Products. Imported Products are limited to certain types of food products which cannot or currently are not prepared locally. These items include, but are not limited to; seafood, seasonings, dressings, nuts, cheeses and certain produce which cannot be grown locally.
1. Only "Farm or Domestic Products" as defined above may be sold at the FHFM with the exception of a limited amount of "Imported Products".
2. Fresh meats, fishery products, shellfish, shell stock and prepared foods without approval from the Maricopa County Health Department are not eligible products for the FHFM for reasons of public health.
3. No foods shall be sold which could be classified as "Potentially Hazardous Food" as defined by Maricopa County Environmental Health Code, Chapter VIII, Section 1, Regulation 1, Number 105. Vendors who wish to sell products that are considered potentially hazardous food by the Maricopa Environmental Service Department, must first obtain the approval of the Health Department, and have evidence of that product approval in their possession, at all times, whenever they are selling these products. Failure to produce this documentation on request will result in, at the Market Operator’s sole discretion, immediate dismissal until appropriate document can be produced.
4. Vendors products must fall into a certain category in which all of their products being sold belong. For example; if your products could be categorized as candies, selling meats would not be allowed.
New Vendor Guidelines:
A. In order to maintain a diversity of products, certain categories of vendors have been limited. These limits are listed below:
1. Produce and Food - No Limits
2. Artisan - 20% of market
B. The following MUST be received and approved prior to market participation:
1. Completed Vendor Application.
2. Proof of all relevant licenses.
3. Copy of Liability Insurance.
4. Additional Insured Certificate.
5. Signed Rules & Regulations/ Policies & Procedures Agreement.
6. Signed Indemnity & Liability Agreements.
7. Payment of first months booth fees.
8. Vendor must allow the FHFM to inspect farms and/or facilities to ensure vendor adheres to the Rules & Regulations.
C. Vendor will not be allowed to set up if they do not provide all insurance, licensing, tax ID numbers, required fees & signed documents.
A. Owner will determine and has the right to change; market location, date, hours of operation and fees to be paid.
B. The market boundaries are defined by the Market Operator depending upon the number of vendors present. Market Operator has the right to relocate a vendor’s booth location if he or she deems it to be necessary for the markets success.
C. No resale of any products such as energy drinks, soda, or other similar products is permitted at any booth, however; the sale of bottled water is permitted and each vendor has the right to sell this additional product at their booth.
D. Exclusivity is not a privilege granted at this market.
A. Products being sold are grown or produced by the grower/ producer and comply with the "Farm or Domestic Products" or "Imported Products" definitions given above.
B. A vendor can sell other producers products provided one of the following criteria is met:
1. The other producer is a current member of the market and adheres to vendor guidelines and fee structures.
2. Products are produced locally or regionally.
3. Products being sold were NOT purchased at wholesale markets for resale.
4. All vendors selling another producer’s products must be authorized to do so and receive permission from the Owner.
C. Necessary documents, i.e. health permits, proof of insurance, tax license, etc., must be available and displayed at all times. Additionally, copies must be on file with the Owner. These must be submitted prior to vendor participation at the FHFM and no selling will be permitted without displaying tax license and Health Department certificate, as required by law.
D. All scales must bear a current seal from the Department of Weights and Measures, as required by law.
E. All Vendors will sell at their designated stall space utilizing a pop-up tent or other Market Operator approved cover and shall maintain their tent and stall space in a clean, sanitary and safe condition.
F. Vendor is required to create a professional display to feature their products.
Vendor must keep booth area (including back area) clean and tidy.
Vendor must display a sign stating the name of the business.
I. Smoking is NOT allowed in Market Booths or within 50 (fifty) feet of any part of the market.
J. Vendors sampling products must provide a waste container and legally dispose of all waste.
K. All signs shall be accurate and truthful.
L. Vendors who label and/ or market their products as "Certified Organic" must have proof of certification on display or must show that they meet the National Organic Program requirements for exempt producers.
M. Music may be provided by the Market Operator, but no vendor will be allowed to play their own music.
N. Early breakdown is not allowed except with specific permission of the Market Managers.
O. Booths must be fully setup and ready for customers not less than 10 (ten) minutes before start of market.
R. Breakdown may begin promptly at posted market closing times with complete clean-up of stall area within one (1) hour unless different direction is provided by the Market Operator.
S. Vendor and management are expected to maintain high standards of honesty and respect towards one another and customers and conduct themselves in a courteous manner. Inappropriate language, rudeness, prejudice, intolerance towards others, and dishonesty are grounds for immediate removal from the market.
T. If vendor arrives for set-up later than 20 minutes prior to start of market, this will result in a warning.
U. Vendors engaging in loud, obnoxious "carnie calling" will receive a warning.
V. Speaking to or disrupting a customer’s visit while in a booth other than yours will result in a warning.
W. All warnings will be issued in writing by Owner.
X. Any vendor receiving three warnings in a single season will be dismissed from the market.
Y. Any vendor dismissed from the market will not be considered for re-entry until Vendor ownership has made sufficient arrangements with FHFM Owner to resolve the issues that resulted in dismissal.
Z. All tables must be covered with a table cloth that comes to within not less than 2” from the ground. The table cloth must provide complete cover for items stored under any customer facing table.
AA. Wholesale or bulk sales of products to restaurants that occur at the market are allowed and encouraged.
BB. Any vendor wishing to address a matter of concern must submit their concern in writing via email.
CC. Market Operator will not be available to discuss non-emergency issues or any other matters of concern before or during normal market hours.
DD. Market Operator will only be available to assist with emergency issues that present a threat to life or limb during normal market hours.
Fines & Sanctions
A. In addition to the specific situations identified above, a vendor found in violation of any of the above Rules & Regulations will receive a warning as specified in “Booth Guidelines” - Section “U” and “V”.
B. All written warnings will result in a fine of not less than $50.00.
C. All fines must be paid in full prior to participation in the next market.
D. Any vendor refusing to pay a levied fine will be dismissed from the market.
E. In the event vendor is expelled from the market as a result of a refusal to pay a levied fine, vendor forfeits any and all remaining pre-paid fees.
F. All warnings and fines are issued and/ or waived at the sole discretion of the Market Operator with no opportunity for appeal on the part of the vendor.
G. Any vendor conducting themselves in a manner that poses a potential threat to life or limb will receive a warning as described above, and a fine of not less than $100.00.
H. Any vendor receiving a warning and fine as a result of posing a potential threat to life or limb may also be expelled from the market. Any opportunity for return to the market would require payment in full of the imposed fine and following the rule outlined in “Booth Guidelines” - Section “Y”.