Rules and Regulations - Destination Oakland

Rules and Regulations - Destination Oakland

Oakland County MarketRegulationsSection 1: Goods for SaleThe OAKLAND COUNTY MARKET is owned by Oakland County and managed andoperated by the Oakland County Parks and Recreation Commission (OCPRC). TheOakland County Market is a marketplace designated for the sale of Farmer’s Marketitems such as: farm produce, greenhouse products, and homemade handicraft typeproducts; and Flea Market items such as: bric-a-brac, antiques, glass, collectibles,books, furniture, and other non-agricultural goods approved by the Market Manager.The OCPRC will furnish the necessary area and utilities to operate the Oakland CountyMarket; such utilities consist of heat, lights, water, electricity, and ventilation.Section 2: Definitions1. The word “DEALER” is herein defined to be any person or persons who areactually engaged in the business of selling Flea Market items/merchandise at theOakland County Market.2. The word “FLEA MARKET ITEM OR MERCHANDISE” is herein defined as brica-brac,antiques, glass, collectibles, books, furniture and other similar, nonagriculturalgoods and items as approved by the Market Manager, in his or hersole discretion.3. The word "HANDICRAFT" is herein defined as a product/item whereinconsiderable skill, time, and effort has been put forth to produce the finishedproduct/item such as toys, jewelry, wearing apparel, dried flowers, etc. and suchproduct/item is actually produced by the seller/handicrafter. Any type ofprocessed food item (baked goods, candy, etc.) is considered and classifiedunder the definition of "handicraft." Sellers of handicrafts shall be referred toherein as a “HANDICRAFTERS."4. “PRODUCE/PRODUCTS” are produce and products sold at the Farmer’s Marketand must be home grown/vendor-produced farm-type.5. The word "PRODUCER" is herein defined to be any person or persons who areactually engaged in the business of producing/growing the farm/greenhouseproducts they sell at the Farmer’s Market.Oakland County Market Rules and Regulations

Section 3: Market Manager ResponsibilityThe Market Manager, or designated OCPRC employee, is responsible for all activitiesat the Oakland County Market, including, but not limited to the following:1. Setting days and hours of operation for the Oakland County Market;2. Allocating, assigning, and licensing stall space to Producers/Handicrafters/Dealers;3. Collecting license agreements and license fees from all Producers/Handicrafters/Dealers;4. Inspecting stalls after the close of the Oakland County Market to ensure thatProducers/Handicrafters/Dealers have left area in a neat, clean, and orderlycondition;5. Directing the arrangement and parking of all vehicles at or around the OaklandCounty Market;6. Maintaining order in and around the Oakland County Market;7. Determining which Producers/Handicrafters/Dealers should be denied theprivilege of selling at the Oakland County Market, because of violation of theOakland County Market Regulations;8. Informing Producers/Handicrafters/Dealers of any violations of the OaklandCounty Market Regulations; and9. Performing all related duties to maintain and operate an efficient Oakland CountyMarket in the best interests of the County, Producers/ Handicrafters/Dealers, andthe general public.10. The Market Manager, in his or her sole discretion, shall determine whetherProduce/Products sold at the Oakland County Market meet the definitioncontained in these Regulations.Section 4: Days of Operation and Market HoursOakland County Market days and hours of operation shall conform to the printedOakland County Market schedules established by OCPR staff and approved by theOCPR Commission. Opening and closing hours may be changed by the OCPRC or theMarket Manager, in its sole discretion. Special market days may be held toaccommodate shoppers for holidays or as other conditions may warrant, as determinedby the OCPRC.Oakland County Market Rules and Regulations

Section 5: Vendor AdvertisingProducers/Handicrafters/Dealers wishing to advertise shall do so at their own expense.Prior to advertising, the OCPRC Executive Officer must approve any advertisementusing the Oakland County Market name, logo and/or address. The Oakland CountyMarket address cannot be used by Producers/Handicrafters/Dealers as a registeredbusiness address or as a return address on any material.Section 6: General Rules and Regulations1. No smoking is allowed in the Oakland County Market or under the OaklandCounty Market Pavilion.2. No person shall be allowed to use anything of a nature that could be consideredinjurious to one's health or the environment in or around the Oakland CountyMarket.3. No person shall beg, loiter, solicit, sell, or attempt to sell, display, or demonstrateany goods, merchandise, real estate, or animals, or place any poster,advertisement or billboard on or around the Oakland County Market premiseswithout the prior written approval of the OCPRC or unless the person has awritten agreement with OCPRC.4. The use of radios and television sets are not permitted at Oakland County Marketwithout the prior written permission of and at the direction of the Market Manager.5. Attempts to establish abnormal or artificial prices by unfair or irregular meansshall be prohibited.6. Pets or live animals are prohibited in the enclosed building of the OaklandCounty Market and under the Oakland County Market pavilion, with the exceptionof service animals.7. The consumption and sale of alcohol is not permitted at the Oakland CountyMarket, except that the OCPRC may, in its sole discretion, authorize theconsumption or sale of alcoholic beverages for special events, programs, orfacility rentals, in conformance with state or local law, regulations, rules orordinances.8. Written or verbal complaints brought to the attention of the Market Manager byProducer’s/Handicrafter’s/Dealers’ customers, after theProducer/Handicrafter/Dealer cannot come to a satisfactory resolution with acustomer; will be settled by the Market Manager and/or OCPRC.Oakland County Market Rules and Regulations

9. Producers/Handicrafters/Dealers shall not make any modifications,improvements, or alternations to the Oakland County Market or the stall occupiedby them, unless express written permission is received by the Market Managerprior to commencing any modification, improvements or alternations.10. No electric heaters shall be used at the Oakland County Market byProducers/Handicrafters/Dealers.11. Producers/Handicrafters/Dealers must have their stalls completely set up andready for sale at the opening hour of the Oakland County Market.12. During Oakland County Market hours, any merchandise brought in/out of theOakland County Market by a Producer/Handicrafter/Dealer must be hand carriedor transported on small hand carts in a safe manner as directed by the MarketManager.13. Producers/Handicrafters/Dealers shall not vacate the Oakland County Marketbefore the posted closing time without express permission of the MarketManager or unless the produce/handicrafts/merchandise is sold out.14. Producers/Handicrafters/Dealers shall not move or cause to be inaccessible anyfire extinguishers located throughout the Oakland County Market.15. Producers/Handicrafters/Dealers may only use electrical extension cords ifapproved by the Market Manager and the Waterford Township Fire Marshall.16. Producers/Handicrafters/Dealers shall not cause litter or rubbish to accumulateor create unsanitary conditions at the Oakland County Market. All rubbish mustbe removed from the stall area by the Producers/Handicrafters/Dealers; and putin an outside area dumpster designated by the Market Manager.17. Producers/Handicrafters/Dealers shall not leave the Oakland County Market untilthe space occupied by them has been swept clean and placed in proper order.Producers/Handicrafters/Dealers are responsible to clean up any oil, grease,anti-freeze, etc. left or leaking from their vehicle(s).18. Producers/Handicrafters/Dealers are required to keep theirproduce/handicrafts/merchandise within their allotted stall area at all times,including produce/handicrafts/merchandise awaiting customer pick up.Produce/handicrafts/merchandise shall not be displayed in the aisle ways.19. Produce/handicrafts/merchandise must be displayed in a safe and neat mannerat all times. Displays are to be designed so as not to block the view of nearbystalls or customers walking in the Oakland County Market as determined by theMarket Manager, in his or her sole discretion.Oakland County Market Rules and Regulations

20. All Producers/Handicrafters/Dealers must have a sign, minimum 8 ½” x 11”, thatclearly identifies the Producer/Handicrafter/Dealer name and the location of theirbusiness/residence/farm. If at any time a Producer/Handicrafter/Dealer sells anyitem, in accordance with these Regulations, that it did not directly produce orgrow, then a sign must be made for each separate vendor/business/location,which produced or grew the item.21. After the closing of the Oakland County Market, allProducers/Handicrafters/Dealers must vacate the Oakland County Market withina reasonable length of time, not to exceed two hours.22. No annual or daily stalls or other areas in or around the Oakland County Marketare to be used for storage purposes. Only with the express written permission ofthe Market Manager may produce/handicrafts/merchandise be left or stored in oraround the Oakland Market during non-market hours and days. Ifproduce/handicrafts/merchandise are permitted to be stored at the OaklandCounty Market during non-market hours and days, then it is done so at the solerisk of the Producers/ Handicrafters/ Dealers.23. The OCPRC is not liable for the theft of or damage to anyProduce/Handicraft/Merchandise kept or stored at or around the Oakland CountyMarket during or after Oakland County Market hours.24. The OCPRC and Oakland assumes no responsibility and is not liable for anydamages or injuries suffered by a Producer/Handicrafter/Dealer or an employeeor agent thereof at or around the Oakland County Market, which arise from theacts or omissions of the public at the Oakland County Market or from the acts oromissions of the Producer/Handicrafter/Dealer or an employee or agent thereof.25. Cancellation/No Show Policy: To cancel stall space, reserved by agreementwith OCPRC, a Producer/Handicrafter/Dealer must call, the Market Manager, by12pm the day prior to the Oakland County Market day that they are scheduled tosell Produce/Handicraft/Merchandise. If a Producer/Handicrafter/Dealer callsafter 12pm, or does not show on the Oakland County Market day, the lack ofnotice to the Market Manager and failure to show will be considered a “no show”:a. 1 st No Show: Courtesy Reminder; the Producer/Handicrafter/Dealer will begiven an additional copy of the No Show Policy and it will be noted in theirfile.b. 2 nd – 4 th No Show: The Producer/Handicrafter/Dealer must pay the dailylicense fee for the day missed before being allowed to return to theOakland County Market.c. 5 th No Show: The Producer/Handicrafter/Dealer will be charged $100before being able to return to the Oakland County Market.Oakland County Market Rules and Regulations

Section 7: Causes for Denial of Selling PrivilegesAt the sole discretion of the Market Manager or the OCPRC, aProducer/Handicrafter/Dealer may be denied selling privileges or banned from theOakland County Market and removed from the Oakland County Market premises, if anyof the following events occur:1. Evading or refusing to pay the license fees for use of the stall;2. Failing to submit and execute an Oakland County Market annual/daily stalllicense agreement;3. Acting in a manner that demonstrates a deliberate attempt to cause poor moraleor disrespect among Producers/Handicrafters/Dealers or the public;4. Misrepresenting the quality or condition of produce/handicrafts/merchandise, orgiving false information regarding the origin, variety, quality, condition, or value ofproduce/handicrafts/merchandise, or similar deceptive practices;5. Violating Oakland County Market Regulations, OCPRC Park Rules or federal,state, or local law, rule, regulation, or ordinance;6. Failing to submit any licenses or permits as required by law;7. Interfering with the Market Manager or other OCPRC staff in carrying out theprovisions of the Oakland County Market Regulations; and8. Selling of firearms, fireworks, explosive devices, or any other merchandise thatpresents a health or safety hazard or has been subject to recall by authorizedagencies, or contains hazardous materials as determined by the OCPRC.FARMER’S MARKET ONLYSection 8: Producer/Handicrafter Responsibility1. Producers/Handicrafters shall sell only Produce/Products/Handicrafts at theFarmer’s Market.2. Producers/Handicrafters shall obtain and furnish to the Market Manager a currentvalid copy of any and all licenses and permits necessary for their operation perlocal health laws, the Michigan Department of Agriculture and RuralDevelopment, and any other government regulatory agency.Oakland County Market Rules and Regulations

License/Permit ExamplesState Sales Tax LicenseApiary LicenseFood Processing LicenseNursery Dealers LicensePlant Grower’s LicenseCertificate of Co-Partnership3. Producers/Handicrafters who sell produce products which are governed by theOakland County Health Department and the Michigan Department of Agricultureand Rural Development must comply with all applicable rules and regulations ofthese two health agencies.4. Producers shall sell only fresh, sound, wholesome produce and products at theOakland County Market. All produce/handicrafts shall be from sources approvedor considered satisfactory by the local health officials and the MichiganDepartment of Agriculture and Rural Development and shall be clean,wholesome, free from spoilage, free from adulteration and misbranding, and safefor human consumption.5. Produce offered for sale in closed packages or sealed containers shall bear anapproved label stating Producer’s/Handicrafter’s name and address, name ofproduct, ingredients, and net weight or measure. All labeling of any packages orcontainers must comply with the Michigan Department of Agriculture, FoodDivision.6. From May 1 to October 31, Produce/Products/Handicrafts shall be grown orproduced by the Producer/Handicrafter selling such items at the Oakland CountyMarket or by an immediate family member and not grown or produced by otherparties. From November 1 to April 30, a Producer/Handicrafter may sellProduce/Products/Handicrafts grown or made by other parties.7. Producers/Handicrafters must submit, sign and have on file a Farmer’s Marketapplication and a stall license agreement covering use of their stall/stalls fromMay 1 through April 30 of the following year. Changes in plans or seasonal useof Oakland County Market stall/stalls by the Producers/Handicrafters must bepromptly reported to and approved by the Market Manager before changes insales of produce/products are permitted.8. Any Producers/Handicrafters wishing to make any type of modification to his/herstall must submit, in writing, their plans to the Market Manager for modification.Approval must be received by the Market Manager before any changes aremade.Oakland County Market Rules and Regulations

Section 9: Payment of License Fees1. All current annual and daily license fees are set forth below.o Farmers Market:o Tuesday: $15.00o Thursday: $20.00o Saturday: $45.00o Farmers Market (Winter: January-April)o Saturday: $18.00o Farmers Market Annual Rental:o Tuesday, Thursday, Saturday – Inside $1650.00o Tuesday, Thursday, Saturday – Canopy West: $1600.00o Tuesday, Thursday, Saturday – Canopy East $1500.00o Farmers Market Stall Share :o Tuesday: $10 eacho Thursday: $15 eacho Saturday: $30 each2. The rates are posted at the Oakland County Market and a copy will be given toany Producers/Handicrafters upon request.3. Daily license fee payments are due on or before each day for which they arelicensed.4. For annual stall license agreements: one-third (1/3) of the annual payment isdue by May 15, an additional one-third (1/3) of payment is due by July 15, andthe final one-third (1/3) of the payment is due by September 15. Any installmentthat is late makes the entire balance due and payable within fifteen days. If fullpayment is not made within the required fifteen days, the Producer/Handicrafterrelinquishes rights to the stall and all Oakland County Market privileges.5. In addition to the Oakland County Market license fee, an additional fee will becharged for the use of any unusual, large, or multi-lighting fixture or electricalappliance.6. If a Producer/Handicrafter is willing to share space with another Producer/Handicrafter who would otherwise be deprived of the privilege to sell because oflack of space, they shall be permitted to do so with the approval of the MarketManager Additional license fees apply and are listed above.Oakland County Market Rules and Regulations

7. Arrangements made between Producers/Handicrafters to share a stall are notpermitted, except as provided by Paragraph 6.8. Determination of use of any daily stalls and vacant annual stalls will be at thesole discretion of the Market Manager.9. All Producers/Handicrafters shall use display tables/saw horses, provided byOCPRC, and space as directed by the Market Manager. With permission of theMarket Manager, additional approved display tables/saw horses may be broughtin for use as long as they are removed at the end of each Oakland CountyMarket day.a) Outside space directly behind interior Oakland County Market stalls maybe used for Producers/Handicrafters parking. Vehicles must be backed inclose to the building and shall not extend outside of the designated stallparking areas (no semi or unusually large trucks allowed). If parkingspace is used for display/selling purposes, the vehicle may be parked inthe alcove closest to the executive office building of the main parking lot.If vehicles are not parked in the alcove, they must be removed fromOakland County Market grounds so as not to infringe upon customerparking.b) Outside Canopy Stalls – Vehicles must be backed in close to display tableand shall not extend outside of the designated stall parking areas. Ifparking space allotted, each stall (one) is used for display/sellingpurposes, the vehicle must be removed from Oakland County Marketgrounds so as not to infringe upon customer parking.10. There will be a limit of two stalls licensed per Producer/Handicrafter on an annualbasis.11. Stalls are reserved for annual Producers/Handicrafters until one hour beforeofficial Oakland County Market opening. If annual Producers/Handicrafters fail toappear to occupy their stall or fail to notify the Market Manager one hour prior toofficial opening of the Oakland County Market, then the stall/stalls may belicensed to another Producer/Handicrafter, in the sole discretion of the MarketManager. This rule will also apply to daily Producers/Handicrafters, if they hadmade prior arrangements with Market Manager to occupy a stall. Regardless ofwhether the Producer/Handicrafter has an annual or daily license agreement, itwill be considered a “no show” and will fall under the No Show Policy (Section 6;Rule 25).12. Handicrafters shall be allowed selling privileges only if space is available after allProducers requesting space have been served.13. At the sole discretion of the Market Manager, daily license fee adjustments maybe made collectively or individually for special circumstances such as adverseweather conditions, parking situations, etc., and so noted on vendor receipt.Oakland County Market Rules and Regulations

Section 10: Dealer ResponsibilityFLEA MARKET ONLY1. Dealers shall sell only Flea Market Items or Merchandise at the Flea Market.The selling of produce or handicrafts that could conflict with the Farmer’s Marketis prohibited, unless the Dealer received prior written approval from the MarketManager.2. All Dealers are responsible for obtaining and paying for any and all licenses,permits, taxes, etc., which may be required by Federal, State, or local governingbodies in connection with their operation. A current, valid photocopy of theDealer’s State sales tax license must be on file in the Oakland County Marketoffice.3. Any Dealer selling “precious metals” must register with the local policedepartment for a “precious metals” license and turn in a photocopy of that licenseto the Market Manager.License/Permit ExamplesState Sales Tax LicensePrecious Metals License4. Changes by the Dealer of merchandise/goods for sale must be promptly reportedand pre-approved by the Market Manager before changes in sales ofmerchandise/goods are permitted.5. Stalls are reserved for Dealers until one hour before official Oakland CountyMarket opening. If a Dealer fails to appear to occupy their stall or fails to notifythe Market Manager one hour prior to official opening of the Oakland CountyMarket, then the stall/stalls may be licensed to another Dealer, in the solediscretion of the Market Manager. Additionally, it will be considered a “no show”and will fall under the No Show Policy (Section 6; Rule 25)Section 11: Payment of Daily License Fees1. Current license fees are set forth below.o Flea Market:o Sunday: $18.002. A copy of the license fees are posted at the Oakland County Market and a copywill be given to any Dealer upon request.Oakland County Market Rules and Regulations

3. With the permission of the Market Manager, additional approved displaytables/saw horses may be brought in for use as long as they are removed by theend of each Oakland County Market Day. All Dealers shall use equipment andspace as directed by the Market Manager.4. At the discretion of the Market Manager, daily stall rental fee adjustments may bemade collectively or individually for special circumstances such as adverseweather conditions, parking situations, etc., and so noted on vendor’s receipt.5. The OCPRC shall operate the Flea Market with the intent of covering all itsoperating costs and expenses. If at any point in time costs and expenses exceedrevenues, license fees will be subject to adjustment; with thirty days’ writtennotice to the Dealer. A new Stall License Agreement will then be executed bythe OCPRC and the Dealer.6. In addition to the Oakland County Market license fee, an additional fee will becharged for the use of any unusual, large, multi-lighting fixture, or electricalappliance.7. Arrangements made between Dealers to share a stall are not permitted.Oakland County Market Rules and Regulations

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