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THE MARKET@TOWNSEND 2021

 

VENDOR TERMS AND CONDITIONS

Drafted and approved V1 12/17/2020

PURPOSE AND GOAL: The Market @ TownsEnd (further referred to as “ The Market ”) is an event that is organized, operated and administered under It’s a Hitt Corporation as part of the TownsEnd project. The primary purpose and goal of The Market is:

  •     To promote the historic Village of Apple Valley as an emerging hub of community activity and business revitalization.
  •     To expose community members and visitors to merchandise and services with a focus on locally handcrafted goods.
  •    To provide an alternative place to sell goods for local artisans and vendors.
  •    To meet a need for obtaining fresh, healthy food in Apple Valley and the surrounding areas.
  •    To provide local growers an opportunity to market their produce
  •   To provide a gathering place to include purchase retail, food and home goods, and enjoy art and entertainment in a community focused setting.
  •   It is our goal to provide and promote a family friendly environment. Our team curates our applications with that in mind regarding our activities, products, and services we approve as vendors.

LOCATION, HOURS, AND CONTACTS

Event Location: 22092 Outer Highway 18 North, Apple Valley, CA 92307

Event Days and Hours: Sunday Morning Market: 9 am to 2 pm, Wednesday Night Market: 4 pm to 8 pm

  Market Office: Located at the market venue, address noted as event location above.
 
  Market Contact:

Jennifer Sillas: Market Operations Manager 

APPLICATIONS PROCESS FOR NEW APPLICANTS

 1. Visit our website at www.townsendstillhouse.com and fill out the vendor profile form.

 2.Create a vendor profile and click submit

3. Include 4 high quality photos of your booth as displayed for a market event and close ups of your products; they may be taken from your social media account photos but must be uploaded to your profile

 4.Upload any documents you have for your business, including but not limited to:
■    Town of Apple Valley Business License
■    Seller’s Permit
■    Cottage Food Permit
■    Food Handler’s Permit
■    Liability Insurance
○    Read and agree to The Market’s Terms and Conditions which must be in order to complete your vendor profile.
●    Application will then be reviewed by staff for product mix and quality, vendor category, overall mix of market vendors, and other criteria as determined by Towns End staff.
○    Applicants will be notified by email of application status, either approved, not approved, or waitlisted within 14 business days of the completed application.
■    A waitlisted application means while your products/services fit our criteria for the market, there is no vendor booth available at the time of the application. Contact between vendor and staff will take place to determine how to proceed with a waitlisted vendor approval.
 

PROCESS FOR CURRENT (previously approved) VENDORS

●    Review and update your vendor profile, contact information, permits and licenses as well as photos uploaded as these will represent your virtual booth online to potential customers. The Market staff has the discretion to review applications and revoke approval status if permits and licenses are not kept up to date via the online vendor portal. Current vendors must notify The Market staff in writing via email and receive confirmation of approval if they wish to add to or make changes to the products or services on their original application.
○    Vendors not adhering to this change of product policy are subject to additional review of their approval status and could be placed on non approved or probationary status

VENDOR CLASSIFICATION

Vendor Selling Products Taxable Sales: Direct sales may be conducted by nonprofit organizations and other licensed individuals and businesses upon approval by The Market staff. Sales must be limited to those items specified on the application. Vendors selling taxable products shall submit copies of appropriate California Department of Tax and Fee Administration permit (Seller’s Permit) naming The Market 22092 Outer Highway 18 North, Apple Valley, CA 92307 as the business sub location upon approval of their application.

Vendor Selling Products or Services Non-Taxable Sales: Groups or individuals wishing to disseminate information regarding an existing business, service or organization. These groups are also responsible for picking up any litter generated by the distribution of hand-outs. Bull horns, loudspeakers, and other means of sound amplification shall not be used. Participants may not harass, follow, or intimidate Market visitors. There shall be no posting of handbills on trees, buildings, or vehicles.

Vendor Selling Food Prepared at Market: Food vendors shall submit copies of appropriate San Bernardino Department of Environmental Health Services permits upon approval of their application. It is the responsibility of individual food vendors to learn and adhere to all Health Department regulations and standards. Food vendors are required to have a Type K wet chemical fire extinguisher in their booths at all times.
Food vendors shall place a minimum of one trash receptacle outside their booth for customer use. In addition, food vendors shall place a drop cloth on the ground within the booth area and in any other cooking area where food or grease may leave residue. Food vendors must remove and take all grease, food remnants, and trash from their booth and the market upon dismantling. Leaving trash next to existing trash receptacles is not permitted. If vendors do not comply, food vendors will have additional fees added to pay for expenses incurred. Any violations are grounds for citation or suspension.

Entertainers/Performers/Musicians: Only pre arranged, pre approved musical or performing acts will be allowed at The Market. Noise levels will be monitored by The Market staff. Entertainers must submit an application online and provide a link to a demonstration of the music/performance. If and/or when an application is approved the entertainer will be notified and required to schedule future performances with The Market staff. Entertainers must stay within the designated areas assigned to them at The Market and must ensure that the noise levels created by their activity do not interfere with the activities of other market participants. Any violations will be grounds for suspension.

Non-Profit Groups: Nonprofits may pass out informational materials promoting the nonprofit, The Market currently does not allow any vendor, individual, or group to pass petitions, or promote political, religious, or personal beliefs in the form of pamphlets, brochures, or in any other form of information sharing. Verification of [501(c)] status including identification number is required and shall be provided upon approval of the application.  These groups are also responsible for picking up any litter generated by the distribution of hand outs. Bull horns, loudspeakers, and other means of sound amplification shall not be used. Participants may not harass, follow, or intimidate The Market visitors. There shall be no posting of handbills on trees, buildings, or vehicles. Nonprofits may accept donations on site, sell tickets for events, and sell merchandise/items that represent the organization (i.e. calendars, mugs, t-shirts, etc.). Money generated by sales or solicitations, excluding direct material costs, shall go to the nonprofit group. The Market staff may request full accounting. Nonprofits must obtain a Department of Justice letter for any raffles conducted at The Market. The Town of Apple Valley departments and divisions are exempt from nonprofit regulations.

Certified Farmer: Producers and Certified Producers with appropriate documentation shall be considered for participation based upon the applicant’s history of violations of local or state Direct Marketing Rules, the length of time the individual has participated in the market or has been on the waiting list, the location of the grower, the variety of product/specialty products, and the length of participation. Additional rules and regulations can be found in the Certified Producer/Producer section of these Vendor Terms and Conditions.

Animal Attractions: Animal Attraction vendors have specific setup locations and must stay within assigned locations. The vendor is required to clean up after animals.
Animals shall not be mistreated in any way as stipulated in the Animal Control Regulations for the Town of Apple Valley.

Kids Zone: Vendors must ensure equipment is safe and well maintained. Kids Zone vendors have specific setup locations and must stay within assigned locations.

PERMITS, DOCUMENTATION AND FEES

Participants shall comply with all town, county, and state permit requirements. It is the responsibility of the vendor to be aware of all permit requirements and, upon approval, pay any fees associated with the issuance of these permits. Next your permits and licenses as well as your general liability insurance needs to be uploaded into your vendor profile; check out our vendor resources on the TownsEnd website if you need help knowing what to upload. Please also email a copy of all your documents to: Info@TEstillhouse.com so we have a hard copy that our market management can hold onto. 

The following permits, licenses, and insurance policies shall be on premises during all Market events:

 

Town of Apple Valley: Business License:

 Resources for Licensing and Permits

 Town of Apple Valley
■    Pam Cupp, Planning
●    760.240.7000 x7203
●    (Home Occupancy Permits)
■    Dawn Simmons, Finance
●    760.240.7000 x7707
●    (Business Licenses)
■    Orlando Acevedo, Director of Business Development & Communications
●    760.240.7915
●    (General Questions)

●    Town of Apple Valley: Business License: https://www.applevalley.org/businesses/business-license

●    Town of Apple Valley: Home Occupancy Permit (if business is located in the Town of Apple Valley): https://www.applevalley.org/home/showdocument?id=27444
 

Seller’s Permit:

●    State Board of Equalization
●    Telephone: (800) 400-7115
●    Website: www.cdtfa.ca.gov/services/#Register-Renewals or www.boe.ca.gov
●    More information: https://www.cdtfa.ca.gov/taxes-and-fees/faqseller.htm

 


Health Permit (food vendors only):

●    San Bernardino County Public Health
●    385 N. Arrowhead Avenue, 2nd Floor    San Bernardino, CA 92415
●    Telephone: (800) 442-2283
●    Website: http://wp.sbcounty.gov/dph/programs/ehs/applications/ or http://wp.sbcounty.gov/dph/
●    San Bernardino County Environmental Health Department: Health Permit Information:  http://wp.sbcounty.gov/dph/programs/ehs/applications-2/
●    San Bernardino County Department of Public Health: TFF (Temporary Food Facility) Permit Information: http://wp.sbcounty.gov/dph/programs/ehs/food-facilities/

 

Cottage Food Permit:

●    San Bernardino County Public Health
●    385 N. Arrowhead Avenue, 2nd Floor San Bernardino, CA 92415
●    Telephone: (800) 442-2283
●    Website: http://wp.sbcounty.gov/dph/programs/ehs/cottage-food-operations/
●    Applies to vendors who prepare low-risk food products from their home
●    More information: https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafe tyProgram/CottageFoodOperations.aspx 

 

General Liability Insurance

This policy protects both you as a vendor and us as The Market; if someone trips in your booth and gets injured or eats your food and has a medical issue from that, this protects you from a lawsuit and any subsequent bills that may arise from an incident. This is a required policy and is not negotiable. 

On general liability policy that you purchase from your insurance agent (often you get better rates from whomever insures your car or home), you need to get a certificate that the following is listed as additionally insured: 

 

Landlord:  Zhang Family Trust

Lessee: Sunset Hills Mortuary, Inc.

Sub-Lessee: It's a Hitt Corporation

 

Policy Limits: 

Each occurrence: $1,000,000

Damages: $300,000

Medical: $5,000

Personal Injury: $1,000,000

General Aggregate: $2,000,000

Products - comp / op aggregate: $2,000,000

 

Please see Pages in Market Wurks:  Attachment A for a sample form to refer to. A sample of the General Liability Limits is available also on our TownsEnd website under vendor resources.  You may contact our insurance agent if you have additional questions: 

 

ISU ARMAC

17177 Yuma Street

Victorville CA 

760-241-7900

Hours: Monday to Friday, 8 am to 5 pm

 

PAYMENTS FOR BOOTH RENTALS

You can expect an invoice for your booth fees between five and seven days prior to the date of the event.

Payment in quarterly or monthly increments is next best. We want you to know if you don't pay your invoice at least 5 days prior to a market event, you will not be  released to participate in the event.  Payment can be made via the invoice with credit card, PayPal, a check, money order, or cashier's check can be dropped off at The Market office during normal business hours (Monday to Friday 10am to 3pm) 

 

POSTING PERMITS AND DOCUMENTATION

Every person having a license under the town, county, or state requirements for carrying on a business at a fixed place of business, shall keep such license posted for exhibition while in force in some conspicuous part of such business.

CANCELLATION POLICY

The Market @ Towns End recognizes the fact that situations may arise which prevents participation. The deadline for notifying Market staff of a cancellation is 7 days prior to the scheduled event and must be in writing via email(info@testillhouse.com email preferred) Failure to provide staff with notice by the deadline shall result in the loss of any fees paid. Vendors who provide a cancellation notice by the aforementioned deadline will receive a credit on your vendor account, which will be applied to the next market.

 

WEATHER POLICY

Market Rain Policy: Staff will determine if The Market will be cancelled due to rain by monitoring the evening’s forecast on the AccuWeather website 24 hours prior to the event. If the forecast predicts a 60% chance of rain during the hours of the event, The Market event will be cancelled. Should the weather not coincide with the forecast, The Market staff will cancel the market if it is raining two hours prior to the event set up time. Farmers and vendors can look up the website at

https://www.accuweather.com/en/us/apple-valley/92307/weather-forecast/337333

Market Heat Policy: The Market events will be cancelled for the event if an Extreme Heat Warning has been issued by the local weather service during the hours of a market event. If
The Market has been cancelled, all vendors will be given a credit . The Market staff reserves the right to cancel a market event for other extreme weather/disaster related situations. When the market is cancelled, a message will be put on our social media pages: Facebook and Instagram: our account is TownsEndStillhouse.

If The Market event has been cancelled at least 3 hours prior to the scheduled event time, a credit for a future market event will be issued. If a market event is cancelled during the event, no credit will be issued.

SPACE ALLOCATION

Space numbers are marked on the vendor booths with permanent signage. Standard booth size is 10’ x 10’. Participants must stay within their assigned spaces. Vendors with trailers or booths larger than the standard space size must stipulate the dimensions of their trailer/booth in their application. Vendors who do not stipulate size or fit within space allocation will be relocated or removed from the market. The sidewalks, streets, planters, common areas, and fire lanes must remain clear at all times. Boxes and storage items are not allowed in the view of the public. Vendors must present an attractive display including the use of table drapes, using the same color and material, preferably solid in color. Drapes must be hemmed and long enough to cover any items stored underneath. The Market reserves the right to relocate vendors and/or reassign spaces at its discretion. Activities no longer deemed appropriate, or that do not coincide with The Market @ TownsEnd mission and vision will be discontinued. Micro spaces are available on a limited basis. Participants conducting market activities in micro spaces are limited to one 6’ x 3’ foot table. Structures, canopies, etc. are not permitted in mini spaces.

VENDOR LOADING IN / LOADING OUT

Vendors will enter with vehicles through the south entry gate (across from Tom’s Burgers) from Outer Highway 18 and line up waiting to unload. Once unloaded, they will pull through and exit through the west gate (near Caliber Collision) onto Quinnault Rd. ALL VENDORS MUST UNLOAD FIRST, MOVE THEIR VEHICLE, AND THEN SETUP.
At no time will a vendor be allowed to bring more than one vehicle on The Market campus at a time. Any violations are subject to a Market citation and may be grounds for suspension from Market events. During load in / load out, vendors may not block parking spaces, public streets, intersections, driveways, or sidewalks prior to set up time under any circumstances. During load in / load out, business entrances and their ‘Private Parking’ spaces cannot be blocked or parked in at any time. Vendors parking in private lots may be subject to tow at vendor’s expense. All vehicles must be off Outer Highway Highway 18 or surrounding streets and Quinnault Road by 30 minutes prior to scheduled event start time and all town parking rules and regulations will be strictly enforced. Vendors arriving late within 45 minutes of the event start time are not guaranteed access to their space, and shall forfeit any payments made if they choose not to participate. Vendors must not, at any time, move any traffic control devices, such as barricades, bollards, signs, or delineators. Vendor load out is to be completed within 1 hour of the conclusion of the scheduled event time. Vendors must maintain their booth set up for sales until the conclusion of the scheduled event or they will be cited. Booth contents shall be dismantled and merchandise shall be packed prior to bringing vehicles onto The Market campus. During the load out process, vehicles are to enter and exit through the same gates as load in procedure.

 

ONSITE STANDARDS OF CONDUCT

1.    Booths must be staffed at all times, and participants in Market Night shall be appropriately dressed and conduct themselves with proper behavior.

2.    Participants may not sell merchandise of adult nature, smoking, alcohol or drug paraphernalia. Neither may any merchandise be sold that may imply, suggest or support this type of activity.

3.    Booth display requirements within vendors’ area must include: all tables be covered by table drapes; NO selling out of storage boxes; all storage boxes are to be covered by the table drapes; signs must be of professional quality (NOT handwritten) and NO flashing, blinking or strobe lights may be used. Vendors shall identify their booths with appropriate signage to include business name within their space. Signage to be reviewed by The Market staff for appropriate size and content as appropriate for a curated marketplace; vendors are recommended to submit idea drafts for new booth signage to The Market staff for approval prior to purchasing them. Custom metal signage with company logo are available for purchase from TownsEnd Welding Shop; pricing available upon request.

4.    No person shall deface or otherwise abuse town buildings, plants, street or sidewalk surfaces (e.g. no chalk/paint), or other facilities. Vendors are not permitted to setup merchandise, booth materials, etc. on sidewalks or in planters.

5.    Vendors are responsible for the actions of their employees, associates, and independent contractors working for them. Vendors shall be courteous, professional and respectful to other vendors, the public, town businesses and Market staff and TownsEnd management.  Vendors shall not interfere, verbally or physically, with the activities of other town businesses, their patrons or other market participants. All questions and/or complaints should be directed to The Market staff.

6.    Vendors are not allowed to sell irregulars, secondhand, buy-out or clearance, used or preowned merchandise.

7.    Parties involved in the selling or transfer of items for sale during events known as The Market @ TownsEnd, under penalties of law, under the copyright codes set forth with the Department of Commerce, will not transfer or permit for resale, items that do not bear the registered trademark of trademarked items, without the written approval of the registering agency and its companies, for which items are protected under the trademark act. In the event that a vendor at The Market is caught selling illegal items, The Market staff shall not be held responsible for the actions of the vendor and the vendor will be immediately and permanently suspended from any and all future vendor events held at The Market.

8.    Vendors shall not solicit customers from outside their selling spaces.

9.    Vendors and entertainers using audio equipment shall ensure that noise levels created by their activity do not interfere with the activities of other market participants. Any violations or complaints about the noise level will be grounds for suspension

10.    All participants shall keep their area clean during the activity, and leave the space and surrounding area clean afterward. Vendors are required to take all waste caused by or relating to their activity with them.  If additional garbage collection, grease stain removal, street sweeping or other clean-up is required, vendor fees will be increased to cover all costs and citations will be issued.

GENERAL RULES

1.    The Market is not responsible for theft or damages to property belonging to persons participating in The Market nor does The Market assume any responsibility for items left unattended during Market event activities.

2.    No person participating in The Market shall state, imply or otherwise suggest that The Market @ TownsEnd or TownsEnd Stillhouse & Grill sponsors or supports the views of his/her organization.

3.    All participants shall reimburse The Market for any costs incurred relating directly to their activity. This includes damage to: landscaping, street fixtures, electrical outlets, storefront buildings, grounds, or any other property of The Market.

4.    Animals are not allowed on the campus during Market events without a license issued by the Town of Apple Valley.

5.   Sales privileges and spaces cannot be sold or sublet. Should ownership of a business participating in the market be transferred to a new owner, the new owner must complete a Market Night application. The Market staff will review the application for approval/denial/waitlist status. Retaining the same space assignment and/or participation in the market is not guaranteed.

6.   Smoking, including vaping or any electronic cigarettes, is not permitted on The Market campus except outside the venue fencing and in the parking lots. 

ELECTRICAL REQUIREMENTS

Specific guidelines have been established for The Market electrical use. The Market has a limited amount of electrical outlets available in standard household: 110 volt, 15 amp circuit. Electrical outlets are available for an additional fee and must be arranged a minimum of 1 week prior to a Market event. Vendors may be required to provide silent generators if electrical requirements exceed the electrical system’s limit. The vendor’s appliance(s) must be UL tagged and installed in the vendor booth so the cord is not located outside the booth and does not present a tripping hazard. The Market staff reserves the right to inspect and determine if any appliances or devices plugged into The Market electrical outlets are safe to operate.

EQUIPMENT REQUIREMENTS

The Market vendors are assumed to come to market events self contained. The Market is under no obligation to provide power, water or any other supplies or equipment to participants. Power bars and extension cords shall be secured by vendors and be inspected by The Market staff. A vendor needing specific services must make these needs known on the application and will incur additional expenses for additional services.

FIRE INSPECTIONS

The Fire Department will conduct fire safety inspections for all concessions and enforce fire protection standards for this event. Inspections will consist of certifying that all participating concessionaires have met the required fire safety standards. The following is a list of the most common fire safety violations that the fire inspectors will be checking:

1.    All concessionaires shall have a minimum of one 2A/10B:C dry chemical for extinguisher with a California State Fire Marshall approved service tag that reflects a current annual inspection date.

2.    Food concessionaires that are performing cooking operations, such as frying or grilling, shall have one class K fire extinguisher with a California State Fire Marshall approved service tag that reflects a current annual inspection date.

3.    Hood and duct fire suppression systems shall have a California State Fire Marshall approved service tag that reflects a current semi-annual inspection date.

4.    Extension cords shall be of appropriate size for the electrical circuit load and bear a UL tag. The use of cube blocks and multi-tap connectors are not permitted.

5.    Ensure all trash is kept in approved containers provided with lids. Ensure good housekeeping in and around concession stand is maintained.

6.    Portable LP-gas containers, piping, valves and fittings used to fuel cooking shall be adequately protected to prevent tampering, damage by vehicles, secured from falling over or other hazards.

7.    All tents, temporary membrane structure, canopies and decorative materials shall be noncombustible flame retardant materials, or treated with a fire proofing solution.

Please remember that the Town of Apple Valley Fire Department’s primary concern is for your safety and that of your customers. The contact for any questions regarding requirements can be directed to Apple Valley Fire Protection District at 760-247-7618 or via email at info@avfpd.org.

CERTIFIED MARKET PRODUCER

The Market @ TownsEnd is currently in the process of becoming a Certified Farmer Market. An addendum to this document will be compiled when the process is completed and will be uploaded in addition to this document.

 

STANDARDS OF CONDUCT AND COMPLIANCE

1.    The Market reserves the right to revoke Market Night privileges from a vendor if there is no reservation made within 90 days.  It the responsibility of the vendor to notify staff of absences or missed markets.

2.    The Market reserves the right to refuse participation to any applicant. The Market shall not discriminate on the basis of race, religion, creed, color, sex or national origin.

3.    Citations shall be issued to any participant not complying with any of the terms and conditions of The Market. If noncompliance continues after a 2nd citation is issued (regardless of reason), the vendor shall be suspended from the Market.

4.    Any Market vendor that is denied access or approval, is reprimanded, or wishes to challenge any decision made may submit a written request for review to The Market.

 

 

By proceeding to the application form you accept and agree to the above terms and conditions.