Market Rates & Guidelines
Oceanside Business Association Farmers Market Oceanside Rules, Regulations & By Laws Revised 6/27/2012
STATEMENT OF MARKET PURPOSE AND PHILOSOPHY: The Farmers Market Oceanside (FMO) is a farmers market operated by the Oceanside Business Association (OBA) in accordance with state, county and local laws, for the benefit of farmers, local vendors and consumers alike. Its fundamental purpose is to provide the community with a place to buy fresh produce, meats, seafood, and gourmet novelty items along with handmade home & garden decorative accessories in a family friendly atmosphere and to provide producers with a direct market for their goods. The purpose of these rules is to govern the operation, administration and management of any Farmers’ Market under the control of the OBA. In issuing rules, it is not our intent to burden participants, but to ensure the smooth operation of the market. OBA management and its designated agents will implement and enforce all rules and regulations pertaining to the operation of any OBA market in a fair and equitable manner.
STANDARD POLICIES AND PROCEDURES:
CODE OF CONDUCT: In order to promote the Market as a whole to the community of Indian River County, all members of the Farmers Market Oceanside will behave towards Market customers, association members, staff and volunteers, in a professional manner which fosters a sense of Market community, camaraderie, and a spirit of cooperative involvement. Negatively discussing other vendors at the market with other customers or vendors is prohibited. Failure to comply with the Market code of conduct can result in expulsion from the Farmers Market Oceanside at the discretion of the OBA Farmers Market Chair and/or Board of Directors.
HOURS OF OPERATION: The Farmer’s Market Oceanside shall operate 8:00 am till 12:00 pm on every Saturday.
PUNCTUALITY & ATTENDANCE: If a vendor is going to miss a market, the vendor must get an excused absence by notifying the market manager 24 hours in advance via text or email with the date of the absence and the reason for missing the market. If a vendor does not alert the manager in advance, the absence will be considered unexcused. Vendors will be allowed 2 unexcused absences per year, and 4 excused absences prior to dismissal from the market.
Unexcused absences: If a vendor has received a 3rd unexcused absence, a one month suspension will occur. For the 4th unexcused absence, the vendor will be permanently dismissed from the market.
If a vendor does not call or show up to the market for two weeks in a row, the vendor forfeits their space in the market.
All vendors with assigned stalls must be completely set up in their stalls by 8:00a.m, unless they have made prior arrangements with the Market Manager. Violations of this policy will result in loss of assigned stall.
Text 772.321.7952 or email
SEASONAL ATTENDANCE POLICY: If you are a seasonal vendor at the market, and you are not a farmer, please be advised that in order to maintain your current status as a market vendor and reserve your space for season, you will be required to pay a retainer. This retainer is equal to 50% of your vendor rent for each month that you do not maintain a presence at the Farmers Market. For example: if you have one tent at the market then your regular monthly fee is $120 and your 50% retainer will cost $60 for each month that you are absent from the market.
Should you choose not to pay the 50% retainer during your absense from the market you will forfeit your space and be required to fill out a new application, at which time you will be placed on the waiting list until a space becomes available in the market.
If you are a seasonal vendor and would like to reserve your space, please contact us in order to arrange invoicing & payments by calling Dave at 772-321-4145 or Brittany at 772-321-7952.
Please note: This policy does not apply to year round vendors or local farmers who are unable to grow out of season.
MARKET CANCELLATION DUE TO WEATHER:
Definition: The Farmers Market Oceanside is a rain or shine market – however, we will cancel markets if we feel conditions are unsafe, such as in the event of thunderstorms with lighting, or rain with high winds. We don’t want anyone to get hurt, be it vendors, staff or the members of the public who come to support us.
Requirements: In the event that a market is cancelled during an event, vendors MUST pack up and go home immediately. This is non-negotiable. In the event the market is cancelled the morning of, or in advance, vendors must NOT set up. Vendors who set up or refuse to leave in the event that a market is cancelled will be permanently dismissed from the market.
Billing: If a market is cancelled in advance, anyone who has paid in advance for that day will be credited an extra day at the market to make up for that payment. If the market is set up and cancelled prior to 10am, vendors will be credited for an extra day at the market if they have paid in advance. If the market is cancelled after 10am, full payment is expected for the day. If weather conditions are such that payment cannot be collected that day, it will be due the following week along with that week’s payment.
Notification of Market Cancellation: After careful consideration, we have decided to introduce text alerts. We believe this will communicate effectively while leaving room for weather conditions to clear up and and allow market set up. Vendors are required to join the text list to be notified of market cancellations. To join the Market Text Notification List text EZmktvendor to 313131.
QUALITY: The Farmers Market Oceanside strives to provide a market place where fresh and wholesome products are sold. The Market Manager shall have the responsibility for maintaining quality control at the Market. All craft products must be hand crafted by the applying vendor and pre-approved by the Market Manager,without exception.
STALL ASSIGNMENTS: The Market Manager will make Stall assignments. Your space is assigned to you, and it is not transferable. Space fee prepayment is available. This will guarantee the same location but vendor must adhere to Punctuality Policy (see above). The stall fee is nonrefundable and vendor forfeits the fee if not at the market without prior notification to Market Manager.
SET-UP & BREAKDOWN: Set-up will begin between 5:00am to 8:00am on Market day. During that period vendors may enter the Market area for the purpose of readying their stall space for the day’s sales. All vehicles must be off the premises by 8:00am. Vehicles are permitted to enter the market to unload products and must be removed prior to setting up your booth. Limited parking is available and vendors must cooperate with others in a courteous manner to get everyone set up and broken down in a timely manner, Due to insurance liability, vendors will be required to remain until closing at 12:00pm even if they have sold all their goods, unless the Market Manager has given express permission to break down early. Each Vendor is responsible for bringing,providing and removing any and all equipment and supplies required to do business on the Market sight. This included but is not limited to signs,tables, chairs, electrical equipment as needed, as well as products and equipment utilized for clean-up purposes. Electric or other cords running anywhere a patron walks must have rubber sleeves and must be taped down. This is the responsibility of the vendor who is using the cords.
STALL CLEAN UP: Each vendor is responsible for cleaning his/her stall area to the satisfaction of the Market Manager. All trash MUST be removed by the vendor,dumpsters and trash cans on site are NOT FOR VENDOR USE. All food vendors must use a covering under any cooking. NO oil is to reach the ground. Vendors are responsible for removing all garbage and boxes from their area. Spaces are to be left in the same condition as when rented.
EXHIBIT SPACE & PRODUCT SALES: Exhibit Space is generally defined as 10’ x 10’. All vendors are required to set up under tent canopies, unless the vendor is approved as a Micro Vendor by management. Tents may not be any larger than space size and vendors must have weights available for tents in case of high wind. Tents must be firmly secured by the vendor for wind protection. Use of city property, such as light poles, sculptures, etc. to secure the canopies is prohibited. Market Manager has full authority to assign exhibit space. Market Manager reserves the right to assign and locate all vendors. If additional space is available and conditions allow,additional space may be allowed for set up with the Manager’s approval. Sharing of stall space is not permitted. All signs and displays must remain within the allotted vendor’s exhibit space and must not block traffic or pedestrian ingress or egress, or interfere with other vendors’ displays or views. Signs should be anchored as to not blow or fall in case of wind. Permitted Market Items: The Farmer’s Market Oceanside of Vero Beach Board and Market Manager reserve the right to limit products and numbers of vendors for the benefit of the Farmer’s Market as a whole. Vendor applications must include a complete list of products to be sold. Only those approved products listed on the application will be allowed for sale. Any vendor selling any item(s) not listed on their most recent application and not approved by Market Management or the Board must stop selling those item(s) immediately, in order to participate in the Market. If a vendor would like to add a product(s), please supply written notification to the Market Manager for review and approval prior to selling. Manager and Chair will resolve any doubts as to the suitability of an item. The sale or consumption of drugs or alcoholic beverages on the market site is strictly prohibited!
PRICING: Pricing of goods sold at the Market is solely the responsibility of the individual vendor. All items for sale MUST have a clearly displayed price that can easily be seen by market customers. All products must be sold, displayed and stored from a surface above the ground. All vendors must utilize tables,shelves, cases and other structures for these purposes. It is a violation of federal law to discuss pricing with other vendors. Any vendor found in violation of federal law will be immediately removed from the market.
HEALTH PRACTICES: All vendors must adhere to sanitary procedures as outlined by the Indian River County Health Department . Any vendor found selling contaminated foodstuffs or produce, or selling in the Market without proper health precautions, shall be suspended from selling operations until satisfactory clearance has been obtained from the Indian River Health Department and the Market Manager.
SMOKING POLICY: There will be NO smoking by vendors in any stall spaces or within the farmer's market.
VEHICLES: Vehicles shall not be utilized as display area for market goods unless the vehicle is used as an integral unit for perishable items and is approved by market manager prior to the market. No vehicle will remain running or in the market area during market hours.
ORGANIC LABELING: State law to those who have in fact been certified by the Department of Agriculture restricts use of the phrase “Certified Organic”. All vendors are required to advertise truthfully and to respond to customers’ questions in a like manner.
STALL FEE AND PAYMENT: A fee schedule for all Farmers Market stalls will be established by the Board of Directors prior to each market season. The Market Manager will collect payment beginning no earlier than 10:30am. Failure to comply with fee payment on Market day can result in termination from the Market. Vendors will NOT be allowed to set up until past obligations have been cleared or risk expulsion from the Market. Each vendor will pay either $30 for anon-electric space or $35 for a space with electrical access. Fees will not be refunded due to adverse weather. Discounts are given for paying by the month:each vendor who pays monthly will be given the 5th week free in a 5week month. If adverse weather ensues, there will be no refund or credit for the free week. If the vendor misses a week during the month, they will not receive credit for the free week.
LOGO USE: Vendors wishing to use the Farmers Market Oceanside logo must adhere to the following procedure:Apply in writing or by email to the Market Manager explaining how the logo will be used. The Market Manager will approve or disapprove, and respond in writing.
LAWS, PERMITS, REGULATIONS & LIABILITY: Vendors are responsible for collecting and remitting their own sales tax. Vendors must abide by all Federal, State, County and City laws, regulations and ordinances, and are responsible for all permits/licenses required by the United States of America, the State of Florida, Indian River County, and or the City of Vero Beach. Vendors must provide the Market Manger with evidence of compliance PRIOR to entry into the market, and upon request anytime thereafter. Vendors are required to obtain and maintain individual General Liability insurance against any claim that may occur at the Farmer’s Market Oceanside Vero Beach. The Farmers Market Oceanside should be listed as a Certificate Holder on the declaration page and a copy provided to the market manager. Your yearly renewal should be promptly submitted to the market manager every year. By signing a copy of the Market Rules, the vendor agrees to waive any and all liability of the Farmer’s Market Oceanside, Vero Beach for claims,actions or damages.
INDIVIDUAL VENDOR POLICIES FOOD VENDORS: Prior to selling at the Market, all prepared food processors will show appropriate Health Department certification to the Market Manager. These permits must be displayed in public view during Market hours. The Market Manager and Market Vendor Committee must pre-approve menu sold at the Market.
FARM VENDORS: Farm vendors must submit application to the Market Manager. The applicant must grow produce/meats.No wholesale brokers will be allowed beyond those already grandfathered into the market. Exceptions will be considered if a wholesale space opens up due to a vendor dropping out of the market. Selection is made on the basis of quality and freshness. The Market Manager and Market Vendor Committee must pre-approve all items to be sold at the Market.
CRAFT VENDORS: Craft vendors must submit an application to the Market Manager. Vendor must make craft items.Selections will be made on the basis of quality, originality, and space availability. Eligible crafts are described as “Handmade, home & garden decorative accessories.” Market Manager and Market Vendor Committee must pre-screen all crafts, submission of good quality photos will be acceptable.
PLANT VENDORS: Plant vendors must submit an application to the Market Manager. Selections will be made on the basis of quality,originality, and space availability. All plants must be described individually in as much detail as possible within reason, along with containers the plants may or may not be sold in.
GOURMET NOVELTY & COTTAGE FOOD VENDORS: Gourmet novelty vendors are vendors who may resell products that are not readily available at the market. Cottage food vendors are vendors whose products fall under the FL Dept of Agriculture’s Cottage Food Act. Novelty and Cottage Food Vendors must submit an application to the Market Manager. Selections will be made on the basis of quality, originality, and space availability. All items must be described in detail and pre-approved prior to entry in the market.
MICRO VENDORS: Micro Vendors are vendors whose products fit with in an area that is less than half of a 10’x10’ space. Micro Vendors will be allowed to set up under an umbrella that is firmly anchored against the wind. Qualification as a Micro Vendor will be determined by the Market Manager.
GRIEVANCES & AUTHORITY OF OBA MANAGEMENT AND ITS AGENTS: MARKET MANAGER: The Market Manager has the authority to deny any person the privilege of operation at the market who, in his judgment, is using methods that are detrimental to attendance at the Market or who is contrary to the Market rules, regulations or by-laws. The Market Manager has the right to deny any person the privilege of selling a particular item that, in his judgment, is detrimental to the attendance at the market, or contrary to Market policies. The Market Manager also acts as a conduit of information from the vendors and customers to the Market Board of Directors. The Market Manager has complete authority to interpret and implement policy on the market site. If you have any questions or concerns you wish the Farmers Market Chair to address, please submit your concerns and proposals in writing to the Market Manager. The Market Manager has the authority to order and remove any person or Vendor from the Market who is guilty of any violation of these Market regulations, or who may be guilty of violation of any ordinances of the City,county, or state laws, or who fails to obey any lawful order of the Market Manager. The Market Manager is responsible for enforcing all market and public safety regulations including space assignments, market fee collection, and market rules and regulations. In the event an issue arises between vendors, the Manager has the final say as to the resolution of the problem. If you have any questions or concerns you wish the Farmers Market Chair to address, please submit your concerns and proposals in writing to the Market Manager. OBA
FARMERS MARKET CHAIR: The OBA Farmers Market Chair has final authority in resolving issues in a civil and efficient manner if the Market Manager has been unable to resolve the issue satisfactorily. In any situation, the Market Manager’s decision must be adhered to until such a time that the OBA Farmers Market Chair chooses to reverse or change it. The OBA Farmers Market Chair and/or The OBA Board of Directors reserves the right to expel at any time for any reason, any vendor that is non-compliant with the by-laws, codes, rules, regulations, policies and procedures of the Farmers Market Oceanside.
GRIEVANCE POLICY: The Market Manager is responsible for enforcing the market rules. Violations will be discussed and resolution attempted. Vendors selling prohibited items will be asked to remove those items from sale or leave the market. Unresolved problems will be referred to the Market Chair. Continued violations will result in vendors being banned from the Market without reimbursement of any fees paid. Any Vendor who challenges another vendor’s product(s) legitimacy, display or conduct must file a written complaint with the Market Manager, giving the name of the vendor and the specifics of the situation that may not be in compliance with market rules. The complainant must date and sign the complaint and the Market Manager will attempt resolution. If resolution is not possible, the complaint will be referred to the Market Chair. The Market Manager has the right to impose disciplinary action at the Market site.Vendors have the right to a hearing before the Farmers Market Chair within two weeks of any disciplinary action. The Market Manager has the authority to grant exceptions to the market policies on an individual basis. Should any vendor, at any time, occupy the premises in a manner contrary to this agreement, upon request of Market Manager, the vendor shall immediately cease such offending conduct. Failure to immediately comply as requested shall be cause for revocation of daily privilege to sell at the market and may result in expulsion from the market. Upon revocation vendor shall promptly vacate premises. Upon failure to vacate, the Market shall have removed all property of vendor from the premises at vendor’s expense. The market is relieved and discharged from any all / loss or damage caused by such removal. The Market shall not be responsible for storage or safekeeping of property so removed.
CUSTOMER DISSATISFACTION: In the event of customer dissatisfaction,the dispute must be resolved to the satisfaction of the customer and Market Manager in a timely manner. Failure to do so may result in the removal of the vendor from the market.
Oceanside Business Association Farmer's Market Oceanside
P.O.Box 643745 Vero Beach, FL 32964
Tel:(772) 321-4145 to reach David Pagliaro
Tel:(772) 321-7952 to reach Brittany Swartz