RULES OF THE SALEM PUBLIC MARKET
Mission of Salem Public Market
To establish, maintain and conduct a public market for the benefit of residents of Salem, Oregon, and to stimulate agricultural, horticultural and dairy production in the area supplying Salem consumers, by providing market facilities for direct sale of farm and home products by the producers.
Index
1.00 Definitions 5.00 Vendor Rules
2.00 Market Hours 6.00 Facility Use
3.00 Booth Rental and Fees 7.00 Complaints
4.00 Booth Coordinator 8.00 Violation of Rules
1.00 Definitions
1.01 Salem Public Market. The Salem Public Market is a non-profit corporation chartered in 1942.
1.02 Salem Public Market Members. Members of the Salem Public Market may be vendors or non-Vendors and pay a one time membership fee. Each Salem Public Market Vendor has one vote for Board elections and issues presented at the annual membership meetings.
1.03 Board of Directors. The Board of Directors is charged with operation of the Salem Public Market. The Board of Directors is a nine person Board. The Board has an elected President, Vice-President, Secretary, Treasurer, four Vendors, and one non-Vendor. All persons elected to the Board of Directors must have membership in the Salem Public Market.
1.04 Booth Coordinator. The Booth Coordinator is a Salem Public Market Vendor and is appointed by the Board of Directors. The BC is responsible for the duties outlined in section 4.00 of this document.
1.05 Produce. Produce is defined as any perishable product such as fruits, honey, vegetables, plants, baked goods, meat, dairy, fish, nursery stock, and cut flowers.
1.06 Produce Vendors. A produce Vendor is a person selling produce and who customarily offers for sale 66 percent or more of produce.
1.07 Crafts. Crafts is defined as any non-perishable product that is handmade or significantly altered by the Craft Vendor.
1.08 Craft Vendor. A Craft Vendor is a person selling crafts and who customarily offers for sale 66 percent or more of crafts.
1.09 Senior Craft Vendor. Six Craft Vendors are designated as Senior Craft Vendors. Eligibility is based on the time a Craft Vendor has consecutively maintained a booth at the Salem Public Market. A Senior Craft Vendor list is maintained by the Booth Coordinator.
1.10 The Booth Coordinator may determine if and when a Craft Vendor loses their space and is moved or asked to leave SPM based on the expansion of Produce Vendors. Booth Coordinator must have approval from the Board to terminate a Craft Vendor. Existing Produce Vendors and six senior Craft Vendors have priority and may not be asked to leave the Salem Public Market. Senior Craft Vendors utilizing more than one booth may be reduced to one booth based on Produce or Nursery Stock Vendor needs.
1.11 Expulsion. Expulsion from the Market means permanently disallowing a person from vending at the Salem Public Market.
2.00 Market Hours
2.01 Vendors must have their product moved into their booths by 8:00 a.m.
2.02 Market hours: Year round the Market hours are 8:30 a.m. to 1:00 p.m. Vendors are allowed to sell their products anytime. Special occasions may require different hours of operation.
2.03 Vendors without keys must vacate their vendor space by 1:30 p.m.
2.04 Vendors must remain open for business as long as the Market is open and they have items to sell.
2.05 Vendors may leave earlier than 1:00 p.m. for occasional, extenuating circumstances such as appointments, special occasions, or in the event of an emergency. A sign must be placed on the counter informing customers of absence and type of product that is absent.
3.00 Booth Rental and Fees
3.01 Booth rental fee is established by the Board of Directors. Fees and conditions for payment are found in rental agreement between Vendor and Salem Public Market.
3.02 If the Booth Coordinator holds a booth for a Vendor (waiting list for available vendor space) for a particular Saturday and has notified you of such, please telephone the Booth Coordinator to confirm your taking that vendor space (or not) by the Wednesday evening preceding the Saturday date, as someone else is also likely to be waiting for vendor space.
3.03 A Vendor who has taken a leave of absence and has pre-paid to retain a specific booth, shall inform the Booth Coordinator three (3) days prior to the Saturday they plan to return. A Vendor who has taken a leave of absence but has not pre-paid for a booth will have no guarantee of booth availability if and when they wish to return.
3.04 Vendors shall pay rent to the Treasurer of the Board as per the rental agreement between the Vendor and the Salem Public Market. In the absence of the Treasurer, rent shall be paid to the Booth Coordinator or “any designated officer of the Board”. A ten dollar ($10.00) per week late fee will be assessed all late accounts. Vendors may be expelled if rent is paid later than 2 weeks after it is due even with appropriate late fees assessed.
3.04.1 On the first Market day in January all vendors will pay Salem Public Market a $50.00 work deposit which is refundable upon 5 hours of documented work by a board selected, Activities Recorder. There is no refund for partial hours worked. New vendors arriving after January will pay a work deposit of $5.00 per month equaling ½ hour of documented work. Refunds or carry over for participation fee will occur within the first week of next January. Vendors 75 years or older are exempt from this rule. Jobs that do not apply toward the $50.00 refund are Board meetings, committee meetings, “K.P.”, travel time to job, and any Board position e.g. Treasury, Secretary. Salem Public Market encourages all to work well together as a team, to benefit our market as a whole.
3.05 Space outside of the Vendor’s booth may be used by a Vendor with the written approval of the Board of Directors. Vendor(s) in the immediate area must approve of the use outside of their space.
3.06 If a Vendor’s booth is rented in advance and that Vendor cannot make it to Market, please inform the Booth Coordinator as far in advance as possible, but no later than the Wednesday before (except in an emergency), so the space may be filled by someone else.
4.00 Booth Coordinator
4.01 The Booth Coordinator is the Vendor’s contact person. The Board will appoint a Salem Public Market Vendor to the position of Booth Coordinator whose duties will include the following:
a. Rent booth space.
b. Maintain supply of Market rules and any forms and hand-out as necessary.
c. Communicate with the appropriate person on needed repairs and supplies, and any problems in the Market or vicinity.
5.00 Vendor Rules
5.01 Vendors are required to display to full customer view, a photocopy of any current license or permit necessary to grow, process, create, sell or weigh the produce or products being offered for sale. Examples are nursery stock and processed (baked/dried) foods. Vendors without current licenses or permits may be asked to leave Salem Public Market. Vendors selling items which require licensing at any level of production must be licensed whether or not the Vendor is producing at that level.
5.01.1 Should the Board of Directors receive a signed letter bringing into question a vendor’s creditability with regards to the integrity of their product the Pres. of the Board of Directors shall notify said vendor and ask their presence at a scheduled executive Board meeting to present documentation or other evidence to refute the question raised. Should the above not be possible the Board of Directors along with the Vendor shall select a willing Board member to view the vindicating evidence at the Vendor’s office, shop, or property. Should events come to pass that show willful intent upon the vendor to engage in “deceptive business practices “ the Board of Directors shall execute the rules as defined in Sec. 8.00
5.02 Vendors may sell their own products or products of other producers not currently available at the Market. Permission to sell other producer’s products must be requested annually and granted by the Booth Coordinator. Form available from Booth Coordinator.
5.03 Prices must be displayed to full customer view, and prices must remain posted throughout all hours of operation.
5.04 Vendors shall comply with all applicable codes, ordinances, rules and regulations.
5.05 Fresh produce, weighed at the Market and sold at that weight, must be weighed on a licensed scale and in full view of the purchaser.
5.06 All pre-graded, pre-weighed, pre-packaged produce/food products must be clearly labeled as may be required by law.
5.07 Vendors may place signs within their rental space relevant only to their product line sold at the Market or related business. This will include the use of the overhead area. Each Vendor may use up to 50 watts of additional electricity. All items requiring electricity to operate must meet all applicable codes.
5.08 No peddling, soliciting or advertising is permitted on the Market premises by any individual or group, other than the Market except from within the confines of the space rented by a Producer/Vendor.
5.09 Attraction to produce/products by outcry (hawking of wares), or by other noise or entertainment is forbidden. Vendors will maintain a pleasant Market atmosphere and not disrupt the Market or interfere with other Vendors.
5.10 Booths must be kept in good repair by Vendors and the isles in front of their spaces clean. All occupants of rented selling space shall maintain the rented space in a clean and sanitary condition and shall not permit any waste, rubbish, or offensive matter of any kind to accumulate in or about such space. Each space must be wholly clean when the occupant leaves. No rubbish, refuse, or other litter of any kind shall be deposited and left anywhere within the Market premises. Except in the case of needing to clean up a spill, please do not start sweeping and cleaning your booth or the isles until the Market is closed. Please be courteous if customers are still in the Market at closing time.
5.11 Any permanent or semi-permanent structural alteration or modification to the Market premises is permissible only with the approval and consent of the “Board of Directors” and will be wholly at the Vendor’s own expense. Vendors shall be notified in advance before modifications are made by the Market.
5.12 Personal articles, supplies, equipment or attachments to Vendor space left at the Market by a non-active or absent Vendor for a period in excess of thirty (30) days will become the property of the Salem Public Market non-profit corporation.
5.13 Items left at the Market during the thirty (30) day period are not the responsibility of the Salem Public Market. A Vendor’s personal article, supplies, equipment, or attachments to Vendor space are always the Vendor’s own personal responsibility and never the responsibility of the Salem Public Market.
5.14 Vendors are not permitted to move product from one rental space location to another except with permission from or at the direction of the Booth Coordinator. When a Vendor is absent and the booth space has not been rented, the Booth Coordinator may allocate that space without charge to other Vendors who are present.
5.16 Each Vendor shall take his/her turn at KP as posted on the calendar and/or their booth. The duties include those posted on the duties list on the bulletin board and/or their booth. The Vendor shall be responsible for cleaning up the beverage area at the end of the Market; sweeping out the restroom at the end of Market; putting out and taking down the signs, and taking home the garbage from the Market and the restroom. Please inform the Booth Coordinator when supplies are getting low.
5.17 Subletting of booth space by Vendors is prohibited.
5.18 Per ORS 433.845, smoking inside the building is prohibited.
5.19 Parking: Please follow the parking instructions posted on the bulletin board.
5.20 Handouts: All Vendors or their designee must initial for having received official handout or handouts from the Board of Directors.
6.00 Facility Use
6.01 Vendor may obtain a key to the Market by the Treasurer, Vendor Member or Booth Coordinator. A $10.00 refundable deposit is required. Vendors may request in writing to the Board for a key.
6.02 The issuance of a key may be temporary, seasonal, or of long duration and as deemed realistic, based on the information and background you have shared with the Booth Coordinator (information relating to the conduct of your business at the Market as a Vendor). Issuance of a key to any one other than a Vendor will be at the discretion of the Board of Directors. The key may be revoked at the discretion of the Board of Directors.
6.03 Saturdays, the first Vendor present with a key will open the Market for unloading. The last Vendor with a key will close the Market. He or she will follow the opening or closing procedures posted on the bulletin board If you are among the last of the Vendors to leave, please communicate freely to be sure someone has a key.
7.00 Complaints
7.01 Any Vendor complaints shall be addressed in writing to the President of the Board. Complaints must be signed and dated. The President shall assign a Board Member to take such immediate action on the complaint as is deemed necessary or prudent. In the event of a violation or situation which requires immediate action due to risk to Vendors, customers or the premises, in the absence of the Board President, any Board Member may correct such violation or address the situation and inform the President of the violation, situation and the action taken at the first available opportunity.
7.02 Any decision or action made by an individual on behalf of the Salem Public Market may be appealed in writing to the Board of Directors. The Board will respond in writing within seven (7) days.
8.00 Violation of Rules
8.01 If a Vendor is expelled from the Market for just cause and due process by the Board of Directors, the remaining rental fees paid in advance by the evicted Vendor will be forfeited to the Market.
8.02 A Vendor may be expelled from the Market for non-payment of rental fees, including late fees.
8.03 Violations will be addressed as follows: A first violation will receive a verbal warning, a second violation will receive a written warning. A third violation will result in an immediate expulsion from the Market.
8.04 If a Vendor has had a validated complaint filed against them, or is expelled from the Market after receipt of notice provided by registered return receipt or signature of the offending Vendor, the Vendor has the right to appeal the decision to the Board of Directors. The appeal must be submitted within five (5) days of notice and must be submitted in writing. The Board will make a decision within seven (7) days and inform the Vendor in writing. All Board decisions are final.
8.05 Violation of any of the above rules may result in sanctions or expulsion from the Market.
Market Rules effective September 20, 2008
