Document Moscow_doc_71a576014d

RESOLUTION NO. 2014 - 05 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING THE CITY OF MOSCOW, IDAHO FARMERS MARKET POLICIES INCLUDED HEREIN AND INCORPORATING THEM HEREIN BY THIS REFERENCE; PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, Friendship Square is City property owned, operated, and controlled by the City and functions, in part, as a downtown meeting place for the presentation to the public of various messages, ideas, and public expressions; and WHEREAS, Moscow's Farmers Market (hereinafter "the Market") has been m existence m the downtown area for many years; and WHEREAS, the Market is an integral part of vibrant downtown activities during the months of May through October; and WHEREAS, the Market brings to it people from all viewpoints, walks of life, and interests; and WHEREAS, the Council wishes to continue to support and promote the Market; and WHEREAS, the City Council formed the Farmers Market Commission on March 18, 2013, to suggest ways to promote and improve the Farmers Market, propose and/or review Market policies, keep abreast of trends and opportunities for advancing Market interests, products, standards, and offerings, and to otherwise act in an advisory role to the Council. WHEREAS, the Famers Market Commission has reviewed the existing Farmers Market Policies and recommends adoption of the amended policies attached hereto; and WHEREAS, the Council has reviewed the Farmers Market Commission's recommendations and fmds that such amended policies are necessary and appropriate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moscow as follows: The attached City of Moscow, Idaho Farmers Market Policies is hereby adopted and shall be effective upon publication according to law. PASSED AND APPROVED by the Council of the City of Moscow, Idaho, this 3rd day of February, 2014.  Bill Lambert, Mayor FARMERS MARKET POLICIES RES 2014-05 ---PAGE BREAK--- MISSION STATEMENT CITY OF MOSCOW, IDAHO FARMERS MARKET POLICIES To celebrate life on the Palouse by providing the community with the opportunity to buy and sell locally farmed and/or created produce crops, meat, cheese, wine, etc.), and distinctive handmade goods. This venue is meant to encourage and support sustainable economic, social and environmental practices. MARKET POLICIES These Market Policies shall apply to the Moscow Farmers Market and its Vendors during the Market Season. These Market Policies have been developed from input sent to City Council by the Farmers Market Commission and from public and City staff input. Farmers Market ("Market") Policies will be enforced by the on-site Market Manager and/or in consultation with the City's Arts Director, depending on circumstances. Market Vendors are expected to be selling their own wares (produce and products) and to be in attendance at all times, except in emergency situations. Immediate family members of Market Vendors may assist with sales in the absence of designated Market Vendor. Immediate families include parents, step-parents, children, and step-children of the Market Vendor. Those who participate in the Market include Season Vendors (selling produce, nursery products, hot and cold food, and crafts); Child Vendors; and Walk-on Vendors, (all as defined within these policies). Such Vendors shall produce the food, produce, and/or crafts offered at the Market in a location not more than two hundred (200) air miles from Moscow City limits. All Market Vendors agree to abide by Market Policies upon signing the Market application form. All Market Vendors will be evaluated for compliance with Market Policies. Failure of Market Vendors to follow Market Policies will result in actions set out in Appendix 5. The Market does not currently charge a percentage of Gross Sales or an annual membership fee but reserves the right to do so. Because the Market is located entirely on public right-of-way or City controlled property, the City reserves its right to regulate activities which occur within such public property. FARMERS MARKET POLICIES 2014 PAGE I OF8 ---PAGE BREAK--- I. THE MARKET A. Market Location. The Market is located generally on Main Street south of Third Street and north of Sixth Street in downtown Moscow, and east of Main Street on the 4th Street right-of-way (west) of the cul-de-sac, unless temporarily located or extended elsewhere when found to be in the best interest of the City. See Appendix I. B. Market Vendor Space Space in the Market for the Market Season will be allocated approximately as follows: sixty percent (60%) to fresh produce; ten percent (10%) to value-added or processed food products; twenty percent (20%) for crafts; and ten percent (10%) for prepared foods. A minimum of eight Market Vendor spaces will be retained for the use of Walk-on Vendors. Without compromising quality, preference will be given to the most local grower/producer when a Market Season space becomes available. With some exceptions, resale or the sampling (give-away) of resale items at the Market is prohibited. This includes bulbs, plants and produce not specifically grown at the time and expense of the Market Vendor. C. Resale Produce Vendors All produce and products must be grown or produced by the seller. Any Market Vendors bringing produce or products to sell other than those grown on their farm or made by such Market Vendor, with the following exception, will be processed pursuant to Appendix 5, Farmers Market Penalties. Exception: If approved in advance by the Arts Director and/or Market Manager, current Produce Vendors may resell blueberries and/or asparagus grown within the two hundred (200) air mile radius. The Arts Director has discretion for Vendors to provide for resale of blueberries and/or asparagus grown outside the two hundred (200) air mile radius. Such Vendors must display a sign eleven inches by seventeen inches (11" x 17") saying they are authorized to resell these items and state the name and location of the farm where the items are obtained. Farms supplying blueberries and asparagus will be held to the same site visits, standards and guidelines as current Produce Vendors. D. Market Schedule Market Season is every Saturday in the months of May through October, annually. Market sales occur between the hours of 8:00 a.m. and 1 :00 p.m. each Market day during the Market Season. E. Animals Prohibited in the Market. With the exception of a "service animal" (as defined in the Americans with Disabilities Act 2010 final regulations), dogs and other animals and pets are not allowed in the western portion of Farmers Market (as shown in Appendix F. Regulation of Certain Activities During the Market Because it is important for the continuing success of the Market to preserve its character and appearance and because the Market was established and remains primarily a local FARMERS MARKET POLICIES 2014 PAGE 20F8 ---PAGE BREAK--- growers Market, certain activities that otherwise occur during non-Market hours are regulated in the public right-of-way during the Market hours as follows: 1. "Cart" Vendors. Vendors who are licensed pursuant to Moscow City Code Title 9, Chapter 11 shall not be allowed in the Market Location during Market hours unless they qualify as a current authorized Farmers Market Vendor, independently of their Vending license. See M.C.C. § 9-11-13(6). 2. Licensed Sidewalk Cafes. The possessor of a current, valid sidewalk cafe license from the City may operate a sidewalk cafe in the Market during Market hours pursuant to regulations contained within Moscow City Code Title 9, Chapter 12. Council recognizes and reaffirms that the purpose of the sidewalk cafe license is to allow the contiguous storefront restaurant to extend its typical and customary service into the portion of the public right-of-way shown in the license. Independent contractors, sub-contractors, sub-lessees, agents, or others who are not part of the day-to-day business of the contiguous restaurant owner shall not be allowed to sell or promote in the Market, unless they otherwise qualify as a Farmers Market Vendor and meet all of the Farmers Market Vendor's requirements in this Policy. See, M.C.C. § 9-12-6(B). 3. Downtown Businesses Other Than Sidewalk Cafes. Downtown businesses may continue their operations during Market hours. The areas in the Market that are contiguous with non-retail business( es) or business( es) that are closed during Market hours are not to be used for the display or sale or promotion of produce, products, goods or services by such business( es) or by any person or group other than as specifically authorized by the Council or by this Policy. Sales, promotions tables, and displays placed contiguous with the front of downtown business( es) are allowed as long as those sales or displays are an extension of what is available for sale or promotion by and within the contiguous .business and such sales or promotions are carried out by the owners or their employees. No activity which directly interferes with or competes with Market and/or its Vendors shall be allowed within the public right-of-way during Market hours unless that activity occurs by and within the contiguous business on a day-to-day basis as an integral part of such business. Independent contractors, sub-contractors, sub-lessees, agents, or others who are not part of the day-to-day business of the contiguous owner shall not be allowed to sell or promote in the Market unless they otherwise qualify as a Farmers Market Vendor and meet all of the Farmers Market Vendor's requirements in this Policy. Sales tables, clothes racks, free-standing displays, etc., shall be placed contiguous with the storefront in a manner that allows the preservation of an unobstructed pedestrian access on the sidewalk of not less than four contiguous feet ( 4 and as approved by the City Fire Marshall. 4. Universities, Colleges or Other Educational Institutions Participation in Farmers Market. Universities, colleges, or other educational institutional departments and retail outlets are not allowed to apply as Market Vendors. Student organizations, if qualified, may participate. 5. First Amendment Activities. Because of the importance the City places on First Amendment rights and activities, the Council has adopted specific regulations relative to downtown First Amendment activities during Farmers Market hours. The City has established reasonable time, place, and manner restrictions and has designated Friendship Square as the location for such activities in the downtown area during Farmers Market hours. See Resolution No. 2012-13. No separate, additional, or expanded First Amendment activities shall be allowed within the Market during Market hours, unless specifically authorized by Council or required by the United States or Idaho Constitutions. FARMERS MARKET POLICIES 2014 PAGE30F8 ---PAGE BREAK--- II. GENERAL POLICIES FOR ALL VENDORS A. Vendor Conduct 1. Smoking. Smoking by Market Vendors during Market hours (7:00 a.m. - 2:00 p.m.) is prohibited. 2. Hawking. Hawking (to offer for sale by calling aloud in public) is prohibited. 3. Non-approved items. The sale of non-approved items is not allowed and the Market Manager may confiscate such items. Distribution by Vendors of literature, information or signage not related to Vendor's products or services is prohibited. 4. Cleanliness. Market Vendors are responsible for the set-up, clean-up and safe operation of their Market Vendor's space. State and local health and safety requirements, particularly those in the food area of the Market, will be enforced by the Market Manager and/or the Health Department. Market Vendors should have their own trash receptacles/bags to take with them at the end of the Market day. Failure by a Market Vendor to remove trash will result in the revocation of Market Vendor's Season Pass. The trash receptacles in the Market are for use by Market customers and should not be used by Market Vendors for trash at the end of the Market day. The dumpsters in the Jackson Lot are privately owned and are not for Market use. Food Vendors are required by Idaho State law to deposit grey water waste in the receptacle provided at the Market. No grey water or other waste water, fat, grease, oil, or other liquid shall be placed in the gutter or in a City stormwater catch basin or other City water collection system. Note: the City will provide grey water dump stations for use by Vendors. 5. Decorum. The Market requires and expects considerate, polite, common sense and friendly cooperation among all Market Vendors. Market Vendors shall respect the authority of the Arts Director and the Market Manager and the rights of the other members of the Market. If a Market Vendor feels that he or she is being treated unfairly or in an unprofessional manner by the Market Manager, such a complaint shall be made only to the Moscow Arts Director. A written explanation of any fine or other discipline of a Market Vendor for failure to abide by Market rules shall be given to the Market Vendor by the Arts Director or Market Manager within fifteen (15) days of the action. Upon receipt of the written explanation, the Market Vendor will be provided an opportunity to be heard by the Farmers Market Commission orally or in writing before any expulsion or termination of Market Vendor Season Pass occurs. 6. Participation in Market Promotion. Each Market Vendor gives permission to the City to publish the Market Vendor's name, business name, address and phone numbers in a Market publications. Market Vendors will be asked to give permission for posting of promotional materials on a City website hosting the Market. This is intended for promotional purposes and for publication by print media, video or motion picture. Participation in the Market acts as a grant of permission to the City to use photographs and other images of Market Vendors for promotional purposes without compensation. 7. Signage. All Market Vendors must post signage identifying Vendor's business during operation of the Market. 8. Annual Gross Sales Reporting. Season Market Vendors are required to report their Annual Gross Sales to the Market Manager by November 15, immediately following the current Farmers Market Season. Failure of Seasonal Market Vendors to report Annual Gross FARMERS MARKET POLICIES 2014 PAGE40F8 ---PAGE BREAK--- Sales, as required under this Policy, will result in said Vendor being disqualified to participate in the following Market Season. Walk-on Vendors must report their sales to the Market Manager before the end of each Market day in which they participate. Failure of Walk-On Vendors to report required sales information will result in Vendor not being able to participate in Farmers Market for the rest of the Market Season. This confidential and anonymous information will be used for future grant proposals and economic impact data collection. The Gross sales records may be dropped off at City Hall in the office of the Arts Director (206 East Third Street, Room # 106), or delivered to the Market Manager or Arts Director or mailed to the Arts Department (P 0 Box 9203, Moscow, Idaho, 83843). 9. Idaho Sales Tax Reporting. Market Vendors must include an Idaho Sales Tax Form ST-124 with their Market Vendor application as required by the Idaho State Tax Commission. A Market space will not be assigned if Form ST-124 is not received by the third Friday of March, each year, (the Market Vendors' Season Pass application deadline). If you have questions, contact the Department of Revenue and Taxation, Idaho State Tax Commission (208) 799-3491. The State Tax Commission will be checking for tax compliance throughout the Market Season. All Market Vendors (whether Walk-on or Season Vendors) are required by law to have a copy of Form ST-124 in their Vendor space at all times. B. Agreement to Hold Harmless, Defend, and Indemnify In order to participate in the Market, every Market Vendor (Seasonal and Walk-on) shall sign agreement that holds the City harmless for any and all actions or inactions of every Market Vendor or person associated with such Market Vendor and that agrees to defend and indemnify the City for any claim filed against the City related to any and all activities which are associated with the Market Vendor, the Market, or the Market Vendor's business. C. Use of Vendor Spaces 1. Most Market Vendor spaces will be marked as an eleven by fifteen foot ( 11 ' x 15') space. A Market Vendor's business must be conducted within Market Vendor's assigned space. Market Vendors may not extend beyond the limits of the assigned space or into the pedestrian area at the entrance of the Market Vendor space. Canopies and umbrellas cannot extend outside a Market Vendor space. Requests for larger Market Vendor space will be granted at the discretion of Market Manager, where possible. The Moscow Fire Department will check for compliance with relevant fire regulations throughout the Market Season to assure fire safety and emergency vehicle accessibility. Market Vendors who use tents must comply with Fire Department tie down regulations. See Appendix 3. 2. Season Market Vendors who apply by the deadline (the third Friday of March, each year) may request the same space as the previous year. Such request (and the reasons for that request) will be taken into account when spaces are allocated; however, the City reserves the right to make the final decision on space allocation based upon Market needs. Priority for the remaining Market Vendor spaces will be given to Market Vendors new to the Market whose goods complement the Market and help "round out" what is presently available (as determined by the Arts Director and the Farmers Market Commission selection process). Reasonable efforts will be made to accommodate all who apply. Season Passes are non-transferable and cannot be "rented" or loaned to another party. 3. Use of a Market Vendor space for purposes other than those outlined in the application is prohibited, unless specifically authorized. FARMERS MARKET POLICIES 2014 PAGE50F8 ---PAGE BREAK--- 4. Any proposal by Market Vendors to share Season Market Vendor space must be approved prior to the Market Season and during the application process. D. Market Vendor Attendance 1. Approved Market Vendor Substitution. Where a Market Vendor receives approval of the Arts Director or Market Manager, such Market Vendor will be allowed to have someone else operate their business for up to two Market days per Market Season. 2. Non-Attendance. Season Market Vendors are required to call in to the Market telephone or to send an email to the Market Manager before an upcoming Market day that will be missed. For contact information see Appendix 4. If illness or emergency forces· non­ attendance, the Market Vendor must contact the Market Manager at the numbers and locations provided by the City. Season Market Vendors who do not notify the Market Manager of their imminent absence will be penalized. E. Setup and Take-down 1. Setup. Large vehicles should arrive early to allow sufficient time for unloading during setup. Market Vendors must be in their assigned Market Vendor space and be unloaded by 7:30 a.m. on Market day. If not in compliance, the assigned Market Vendor space may be forfeited for that day. During setup, Market Vendors should unload their products and supplies in their assigned Market Vendor space, park their vehicles outside of the Market Location, and then return to unpack their product and arrange their Market Vendor space. All vehicles must be out of the Market Location by 7:30 a.m., unless otherwise specifically allowed by the Market Manager. All tents must be placed as close to the adjacent curb as is physically possible, unless specifically authorized by the Market Manager or Arts Director (on a case-by-case basis). 2. Take-down. Market Vendors may stay in their Market Vendor's space until 1 :00 p.m.. The City requires that the Market Location be completely vacated by the Market and its Market Vendors by 2:00 p.m. (so that the Market Location and parking can be available to the public). Market Vendors should use extreme caution when exiting. Market Vendors requiring early departure must inform the Market Manager of plans for early departure and must carry goods out of the Market Location without using a vehicle. Once the Market has opened for business at 8:00 a.m., no vehicle may enter or leave the Market Location until after 1 :00 p.m. unless directed to do so by the Market Manager, a peace officer, or an emergency services provider in the course of their employment. F. Business Site Walk-Through. All Vendors, Seasonal and Walk-on, are subject to an on-site business walk-through by the Moscow Arts Director, Market Manager and/or members of the Farmers Market Commission. The purpose of the on-site walk-through is to ensure all Vendors are current on required permits and licenses and also to inspect Vendor goods. Vendors will be notified of any policy and/or procedure violations and will be required to correct any violation as directed by the Moscow Arts Director. Failure to allow an on-site walk-through is grounds to revoke Vendor's ability to participate in Moscow Farmers Market. FARMERS MARKET POLICIES 2014 PAGE60F8 ---PAGE BREAK--- III. TYPES OF VENDORS A. Fresh Produce and Nursery Vendors. Market Vendors who bring fresh produce, herbs, grains, fruits and vegetables, cut flowers, potted plants, and other plants, seeds, shrubs, and tree and vine starts to the Market are encouraged to utilize hygienic and sustainable standards in the planting, growing, cultivating, transporting, and offering of such items for sale. Organic Certification. All Market Vendors presenting products as "organically grown" shall include the certification form with their Market Vendor application. Certification will be checked for compliance by the State that granted certification. Certification shall be posted in the Market Vendor's space at all times. See Appendix 4. B. Value Added Food Market Vendors I. Labeling. All packaged food products jams, jellies, salsa, nuts, etc.) must be labeled. Labels must include the Market Vendor's name; Market Vendor's address; ingredients listed in order of volume (most to least); and potential allergenic ingredients. Market Vendor's phone number on the label is recommended. 2. Processing. Value added or processed foods include preserves, jams, jellies, ciders, syrups, salsas, smoked meats or fish, dried fruits and herbs, and flours. All such value added or processed foods must be made in accordance with relevant State of Idaho regulations. Commercial kitchens must be used to prepare certain foods, as required by relevant State Codes. 3. Permits and Licenses. All Vendors shall provide, at the time of application, current copies of any permits and licenses applicable and necessary for the sale of their products. Specific requirements related to the Fire Department, sampling, and other common permits, can be found in Appendix 3 and 4. 4. Originality. All food items should be largely original and made from scratch. Food Vendors must minimize container waste. Styrofoam containers are not allowed. 5. Local ingredients. Market Vendors are strongly encouraged to utilize local ingredients. 6. Pricing. Food Market Vendors shall post a clearly visible menu with pricing. 7. No brand name items. The sale of brand name items (such as canned or bottled water and soda) is prohibited. C. Craft Vendors I. Originality. All Craft Vendors must certify that they are making their product by hand or with the appropriate tools and that the product for sale is not the result of a kit assembly, commercially available plan or transfer, or the direct resale of an imported or other commercially available product. Concerns about compliance with this policy may result in a site visit to the Vendor's studio, farm, shop, or other place of business by a committee composed of City Management and Farmers Market Commission members. All Craft Vendors (including Walk-on Vendors) will need to preview new products to the City's Market jury annually prior to the Market Season. All Craft Vendors will be restricted to one space but exceptions may be made at the direction of the Arts Director for large craft items, such as furniture. 2. Cosmetics are considered crafts and include creams, lotions, shampoos, and some soap products. Cosmetics must be in compliance with the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, and must follow rules set by the FDA. Soap FARMERS MARKET POLICIES 2014 PAGE 70F8 ---PAGE BREAK--- products consisting primarily of alkali salts and of fatty acids and which make no label claim (other than the cleansing of the human body) are not considered cosmetics for purposes of these Market policies. D. Child Vendors The Children's Market is intended to encourage and support early interest in farming, gardening, crafts, growing, and selling. The general rules of the Market apply to the Children's Market pay appropriate fee(s) as determined by City Council; produce must be grown, cultivated, and harvested by the child; crafts must be made by the child; and all items must be pre-approved by the Market Manager). In addition: 1. Children must be younger than twelve (12) years of age to participate in the Children's Market. 2. Children must be supervised by an adult at all times during the Market. 3. Groups of four or more children will be treated as Walk-on Vendors. E. Walk-on Market Vendors. Several walk-on spaces are available each Market. Additional space may be available to others when Season Market Vendor space becomes available due to Market Vendor absence. Any person interested in walk-on opportunities should contact the Market Manager at (208) 883- 7132. Walk-on Market Vendors will be given walk-on Market Vendor space after availability is determined. Idaho State Sales Tax Form ST-124 and a short application must be completed utilizing electronic "Manage My Market" program prior to setting up as a walk-on Market Vendor. Walk-on Market Vendor information will remain on file with the Market Manager and will remain in effect through the end of the Market Season. See Fee Schedule Appendix 2. IV. MARKET SPACE FEES For information about fees for Market Vendors for the Market Season, please refer to Appendix 2. The City Arts Director will advise Market Vendors in advance of any public hearing where an increase of fees of more than five percent is to be considered. V. EFFECTIVE DATE. This Policy shall be effective upon approval by the Moscow City Council. FARMERS MARKET POLICIES 2014 PAGE 8 OF 8 ---PAGE BREAK--- APPENDIX I APPENDIX 1 Moscow Farmers Market DRAFT I ( l 11--- 1 I J AC ( Current Spac L t < - ll j f t Scale: NTS SIXTH ST. c= 1\ (1 THIRD ST. D 11•,. IS' Spao. • Poww FOURTH ST. K AFTH ST. 1 ' d ti litional Space K I PAGE I OF7 ---PAGE BREAK--- SPACE /LOCATION SEASON VENDOR ANNUAL MANAGE MY MARKET REGISTRATION FEE ELECTRICAL HOOKUP TRUCK PARKING APPENDIX 2 MARKET SPACE FEES PRICE PER DAY PRICE PER SEASON REGULAR MARKET VENDOR SPACES $12.85 $280.00 $15.00 SURCHARGES $5.00 $130.00 $10.00 $250.00 11' X 15' TABLE/TENT CORNER SPACES PER SEASON FEE AS ST A TED ABOVE PLUS $100 FOR WALK-ON MARKET VENDORS, CHILD MARKET VENDORS DAY FEES WITH TRUCK SPACE ANNUAL MANAGE MY MARKET $15.00 REGISTRATION FEE CHILD VENDORS ARE EXEMPT FROM MANAGE MY MARKET REGISTRATIO N AND FEE WALK-ONFEE(ll' X 15') $30.00 $ 30.00 (PRODUCE VENDORS ONLY) HALF SPACE $18.00 TABLE SPACE X $12.00 CHILD VENDOR X $ 5.00 PERFORMANCE ART $ 6.00 I Total space fee for Market Season Vendors is due in Moscow City Hall by 5:00 p.m. local time on the third Friday of March, each year. If a Market Season Vendor cannot pay the total fee due by the deadline, then such Market Season Vendor shall make arrangements for a payment plan with the City of Moscow Arts Director. APPENDIX 2 PAGE 20F7 ---PAGE BREAK--- APPENDIX 3 MOSCOW VOLUNTEER FIRE DEPARTMENT INSPECTION REQUIREMENTS The following items will be inspected by the Moscow Fire Department on an irregular basis. Each Market Vendor must follow all requirements at all times. 1. Fire Extinguishers a. A minimum of one five pound (5 lb.) ABC type portable fire extinguisher is required for each Vendor with any type of cooking device or warming plate. b. A class K rated portable extinguisher is required for deep-vat fry cooking equipment involving vegetable or animal oils and fats. 2. Portable Cooking devices a. Each Vendor with a cooking device under a canopy or tent shall provide the Moscow Fire Department with a certificate executed by an approved testing laboratory certifying that the canopy or tent is composed of material meeting the flame propagation performance criteria of NFP A 701 or shall be treated with a flame retardant in an approved manner and meet the flame propagation performance criteria of NFPA 701. b. No combustible material shall be within five feet of any cooking device. c. If the portable cooking device has a smoke stack the stack shall be a minimum of five feet from any combustible material. d. All compressed gas cylinders shall be secured by an approved method, including chained to a stable structure or item, to prevent tipping-over and damaging its stem and/or regulator. 3. Electrical cords. a. All electrical cords shall be U/L Approved. b. All electrical cords shall be covered to prevent a tripping hazard. 4. Fire Lanes a. A minimum fire lane of twenty five feet (25') shall be maintained at all times 5. Vendor Tents. a. All tents, umbrellas or coverings are required to be weighted to prevent blow down. Each canopy leg must have no less than twenty four pounds (24 lbs.) anchoring. Weights should be secured in a manner that does not create its own safety hazard or cause a tripping hazard. The weights should: be tethered with lines that are clearly visible, have soft edges (to avoid causing cuts and scrapes), be securely attached, and be on the ground (and not above people's heads). b. Tent poles in walkways shall have red or florescent tape applied in order to prevent tripping hazards. APPENDIX 3 PAGE 3 OF 7 ---PAGE BREAK--- APPENDIX 4 CONTACT INFORMATION - PERMITS AND LICENSING RESOURCES Market Manager's email is [EMAIL REDACTED]. Market telephone number is (208) 883-7132. Arts Director Idaho North Central District Health Department (food) Idaho State Tax Commission State of Idaho Alcohol Beverage Control Moscow Fire Department State of Idaho -Nursery State of Idaho - Department of Agriculture (USDA) Egg handler I dealer State of Idaho - Department of Agriculture (USJ?A) Organic State of Idaho -Department of Agriculture (USDA) Bedding plants, landscape plants, fresh or cut flowers State of Idaho - Weights and Measures Idaho State Seed Lab (ISDA) Seeds Idaho Secretary of State Latah County Court Clerk Business licensing University of Idaho Latah County Extension Small Farms Educator Vacant; to be filled 04-2014 APPENDIX4 City of Moscow 206 East Third Street Moscow, ID 83843 333 East Palouse River Drive Moscow, ID 83843 800 Park Blvd, Plaza IV Boise, ID 83701 Idaho State Police 700 S. Stratford Dr., Ste. 115 Meridian, ID 83642 229 Pintail Lane 603 South Main Moscow, ID 83843 Plant Industries Division P OBox 790 Boise, ID 83701 2270 Old Penitentiary Road P 0 Box 790 Boise, ID 83701-0790 2270 Old Penitentiary Road P 0 Box 790 Boise, ID 83701-0790 2270 Old Penitentiary Road P 0 Box 790 Boise, ID 83701-0790 P OBox 790 Boise, ID 83701-0790 2240 Kellogg Lane Boise, ID 83712 700 W. Jefferson, Ste. 205 P 0 Box 83720-0080 Boise, ID 83720 220 E 5tn St., #336 P 0 Box 8068 Moscow, ID 83843 (208) 883-7036 [EMAIL REDACTED]. us (208) 882-7506 or (208) 799- 3100 www.agri.idaho.gov www.cdhd.idaho.gov/EH/food (800) 972-7660 (208) 334-7660 www.tax.idaho.gov (208) 884-7060 www.isg.state.id.us/abc/ (208) 882-2831 [EMAIL REDACTED]. us (208) 332-8620 www.agri.idaho.gov (208) 332-8500 www.agri.idaho.gov www.adm.idaho.gov/adminrules (208) 332-8673 www.idahoag.us/ categories (208) 332-8620 www.idahoag.us/categories (208) 332-8620 www.idahoa2:.us/cate2:ories (208) 332-8630 www.agri.idaho.gov (208) 334-2300 [EMAIL REDACTED] (208) 883-2267 [EMAIL REDACTED] www.uidaho.edu/extension PAGE40F7 ---PAGE BREAK--- APPENDIX5 FARMERS MARKET PENALTIES The purpose of penalties imposed upon those who do not conform with Market Policies is to encourage communication between Market Vendors and the Market Manager and to correct the activity so that the Market Vendor, where possible, can continue to sell goods within the Market. Nothing related to Farmers Market penalties shall affect, in any way, other laws and/or regulations with which Market Vendors must comply health, tax, police, fire, etc.). Upon receipt of any penalty, the Market Vendor shall be required to communicate with the Market Manager and/or Arts Director in order to consider ways tO change the activity made the basis of the penalty to one that complies with the Market Policies. Where the Market Vendor believes the penalty imposed is based upon inaccurate or incomplete information or would constitute an unfair action if imposed, the Vendor may use the following appeals process. Note: No Market Vendor will be allowed to participate in the Market after receiving any penalty until after the Market Vendor communicates with the Market Manager and/or Arts Director. Any aggrieved Vendor who has been penalized for an alleged violation of the Farmers Market Policies by Market Manager and/or Arts Director may appeal the decision within three business days of violation as follows: If Vendor has been found in violation of Farmers Market Policies by the Market Manager, said Vendor may appeal the Market Manager's decision to the Arts Director by filing a written contest containing a detailed statement of the alleged violation and a detailed reasoned statement as to why the subject of the violation did not violate the Farmers Market Policies. If the Arts Director found Vendor in violation of Farmers Market Policies and imposed the Farmers Market penalties, said appeal process as stated above would be forwarded or delivered to the Moscow City Supervisor or designee. Any decision on the appeal will be rendered within two business days. Vendor can only appeal the alleged violation one time, and the decision rendered by the Arts Director or City Supervisor shall be final. Consequences of the Penalty: 1. First Penalty. A verbal and written warning shall be given to the Market Vendor and Market Vendor shall meet with the Market Manager to review the deviation from Market Policies and to discuss a change in activities to avoid further deviations; 2. Second Penalty. Prohibition of the Market Vendor from selling goods for at least one Market day (commonly the Market day immediately following receipt of the Second Penalty). 3. Third Penalty. Prohibition from participating in the Market for the balance of the Market Season. APPENDIX 5 PAGE 5 OF7 ---PAGE BREAK--- D 1•Penalty 0 2nd Penalty CITY OF MOSCOW. IDAHO FARMERS MARKET NOTICE OF PENALlY D 3nt Penalty Date of Penalty: _ Date of Notice to Vendor: Explanation of Infraction (reference to specific Farmers Market Policy): Vendor's response/exptanation(optional): Un REV!UI Oil Oma PAm 11 NIC!llSARY APPENDIX 5 PAGE 6 bF7 ---PAGE BREAK--- APPENDIX 6 More information of Permits and Licensing for selling at the Moscow Farmers Market: Bees Idaho Bee Inspection Program. All Beekeepers are required to register their bees with the (Apiary) Idaho State Department of Agriculture (ISDA) and pay a registration fee as well as a honey advertising tax on each colony of bees. bttg:/ Dairy Selling raw milk; information on small herd exemptions and selling shares of raw milk - Community Sustainable Agriculture (CSA): htt1_2://www.agri . idaho.gov/Categories/Animals/Dairy/dai1}".RawMilk.ghg Organic The Idaho State Department of Agriculture's Organic Certification Program is an accredited certifying agent of the USDA's National Organic Program. We provide certification services for crops, wild crops, livestock, and handlers/processors. We also provide material registration for manufacturers who produce inputs used in organic production. httg ://Yt..ww .agri. idaho. gov/Categories/Plantsinsects/Organ ic/indexOrgan icHome.ghQ Nursery, Anyone who engages in, conducts, or carries on the business of propagating, growing, Florists and selling, dealing in, or importing into Idaho, for sale or distribution, any nursery or florist Landscaping stock, or engages in the installation of landscape plants; or acts as an agent, salesman, or solicitor for any nurseryman, florist, landscape contractor, or dealer in nursery or florist stock, must first obtain a license to do so from the Idaho State Department of Agriculture. httg://www.agri.idaho.gov/Categories/P lantsinsects/NurseQ'.'./indexNurse!)'.'.Home.ghu Eggs It is a requirement under Title 37, Chapter 15, Idaho Code, "Egg and Egg Products" and lDAPA 02.02.11 "Rules Governing Egg and Egg Products" to comply with the laws and rules if you are a distributor of egg and/or egg products or if you have three hundred (300) or more birds. If an individual has less than three hundred (300) birds, the eggs can be sold without complying with the requirements; however, the eggs must be clean and the container must be labeled with the individual's name, address, phone number, and the words "UNGRADED EGGS". Poultry Poultry sales and processing regulations fall under Idaho Health and Welfare, but your local Health Department (Idaho North Central Health District) is your contact for making sure you are in compliance at (208) 882-7506 or (208) 799-3100. htt1=1://idahogublichealth.com/79-environmental-health/92-food-urotection Meat Idaho does not have any State inspected meat processing facilities so all meat sold by the cut at the Farmers Market needs to be processed in a USDA approved facility. Contact your local Health Department at (208) 882-7506 for any food license requirements and additional information on best practices for selling meat in the Market. Soil and Registration with ISDA is required in order to distribute soil or plant amendments in the Plant State of Idaho. Amendments Weights and ISDA W &M requires any weighing or measuring instrument or device used for commercial Measures purposes in the State of Idaho to be licensed annually. This includes scales to measure produce at the Market. rum Two good resources for more information: 1. Protecting Your Farm or Ranch: A Guide for Direct Farm Marketing in Idaho www.ruralroots.org; and 2. The Idaho Farmers Market Manual http://www.agri.idaho.gov/Categories/Marketing/FMmarketing.php. APPENDIX 6 PAGE 7 0F7