RULES OF THE SALEM PUBLIC MARKET Board Approved 8/27/2011
Final Update 09/03/2011
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.
1.00 Definitions 5.00 Vendor Rules
2.00 Market Hours 2.00 Market Hours 6.00 Facility Use
3.00 Space Rental and Fees 3.00 Space Rental and Fees 7.00 Complaints
4.00 Booth Coordinator 8.00 Violation of Rules
1.01 Salem Public Market. The Salem Public Market started in 1943 as a nonprofit and incorporated as a 501c5 in 1944.
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. Memberships are divided into three categories: Regular Member, Associate Member and Inactive Member. Each Salem Public Market Regular or Associate Member has one vote for Board elections and issues presented at the annual membership and special 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 (BC) is a Salem Public Market Member 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 are 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. Three Craft Vendors are designated as Senior Craft Vendors. Eligibility is based on the time a Craft Vendor has consecutively maintained a space at the Salem Public Market. A Senior Craft Vendor list is maintained by the BC.
1.10 The BC 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. The BC must have approval from the Board to terminate a Craft Vendor. Existing Produce Vendors and three senior Craft Vendors have priority and may not be asked to leave the Salem Public Market. Senior Craft Vendors utilizing more than one space may be reduced one space, with approval of the Board of Directors, based on Produce or Nursery Stock Vendor needs.
2.00 Market Hours
2.01 Market hours: The year round Market hours are 8:30 a.m. to 2:00 p.m. on Saturday. Special occasions may require different hours of operation.
2.02 Vendors must have their product moved into their spaces a half hour before the Market opens.
2.03 Vendors without keys must vacate their vendor space within thirty (30) minutes after the market closes.
2.04 Vendors must remain open for business as long as the Market is open and they have items to sell.
During market hours Vendors are responsible for having a representative at their space.
Vendors may leave earlier than market closing for occasional, extenuating circumstances such as appointments, special occasions, or in the event of an emergency. Notify the BC or Assistant BC before leaving early and place a sign on the counter informing customers of the absence and the nature of your product or business, i.e. more organic produce next week.
3.00 Space Rental and Fees
3.01 Vendor contracts are renewed annually in January.
3.02 Space rental fee is established by the Board of Directors. Fees and conditions for payment are found in rental contract between Vendor and Salem Public Market.
3.03 Vendors shall pay rent to the Salem Public Market per the rental contract between the Vendor and the Salem Public Market. A late fee will be assessed.
3.03.1 Vendors may be expelled if rent is paid later than 2 weeks after it is due even with appropriate late fees assessed. Vendors will be charged the actual bank NSF plus a ten dollar ($10.00) handling fee for the Salem Public Market.
3.04 Outside vending space is available if needed for extra vendors or to accommodate products which are not conducive to indoor vending (dormant nursery stock, oversize items, Christmas trees, food cart, etc.).
a. All SPM rules apply to outdoor vendors except:
(1) No items can be left at the end of the market day.
(2) No electricity for outdoor vendors.
b. Space size will be 10' x 10' with the vendor being responsible for their own fixtures (canopy, table, chairs, etc.).
c. Rent will be charged at the regular rental rate per vendor contract.
3.05 If the BC holds a space for a Vendor for a particular market day and has notified you of such, telephone the BC to confirm your taking that vendor space (or not) by three (3) days prior to the next market day, as someone else is also likely to be waiting for vendor space.
3.06 A Vendor who has taken a leave of absence and has pre-paid to retain a specific space, shall inform the BC at least three (3) days prior to the market day they plan to return. A Vendor who has taken a leave of absence but has not pre-paid for a space will have no guarantee of space availability if and when they wish to return.
3.07 If a Vendorís space is rented in advance and that Vendor cannot make it to Market, please inform the BC as far in advance as possible, but no later than three (3) days before market day (except in an emergency), so the space may be filled by someone else.
4.00 Booth Coordinator
4.01 The Booth Coordinator (BC) is the Vendorís contact person. The Board will appoint a Salem Public Market Member to the position of BC whose duties will include the following:
a. Rent space.
b. Maintain supply of Market rules any forms and hand-outs as necessary.
c. Communicate with the appropriate person on needed repairs and supplies, and any problems in the Market or vicinity.
d. Keeping Vendor Bulletin Board up to date with all pertinent information.
5.00 Vendor Rules
5.01 Vendors shall comply with all applicable codes, ordinances, rules, and regulations.
5.02 Vendors are required to display to full customer view, a photocopy of any current license, permit or certification necessary to grow, process, create, sell or weigh the produce or products being offered for sale. Examples are processed (baked/dried) foods, meats, seafood and wine. Vendors must also provide two (2) photocopies of their *current licenses, permits or certifications to the BC. Vendors without current licenses or permits may be asked to leave the Market. Salem Public Market, a nonprofit corporation, also requires, over and above other licensing agencies, the following items to have licenses, permits or certification:
-organic produce and products
* License renewals are to be provided by the vendor when renewed
5.03 Any vendor selling unpackaged products which are ready to eat, produce which can be consumed raw or is offering samples, must have a hand wash station in their space.
5.03.1 Vendors may not cut food which is being offered for sale at the Market. Cutting of the product being offered for samples is allowed if vendor has a sanitation method for utensils. (The vendor can cut samples but not product that is for sale.)
5.03.2 Should the Board of Directors receive a signed letter bringing into question a Vendorís credibility with regards to the integrity of their product, the President of the Board 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 Board Members to view the vindicating evidence at the Vendorís office, shop or property. Should events come to pass that show willful intent upon the Vendor to engage in ďdeceptive business practicesĒ the Board of Directors shall execute the rules as defined in Sec. 8.00
5.04 Salem Public Market, a nonprofit corporation, allows vendors to sell their own produce or produce of other producers of produce not currently available at the Market. Permission to sell other producerís produce must be requested annually and granted by the BC. Forms are available from BC. The form must be completed in full to be valid.
5.04.1 Vendors reselling shall post a sign stating the Farm Name and Location for each resale item.
5.05 Products, services, labor rates and produce prices must be displayed to full customer view and prices must remain posted throughout all hours of operation. Quotes must be in writing.
5.06 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.
5.07 No peddling, soliciting, petitioning, or advertising is permitted on the Market premises by any individual or group unless approved by the Board.
5.08 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.
5.09 Spaces 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 space or the isles until the Market is closed. Please be courteous if customers are still in the Market at opening and closing time. The market garbage containers are for the markets customers, vendor trash must be removed from the market premises by the vendor.
5.10 Any permanent or semi-permanent structural alteration or modification to the Market premises must be requested in writing and is permissible only with the written approval and consent of the Maintenance Committee and will be wholly at the Vendorís own expense. A deposit on any modification or alteration may be required at the discretion of the Maintenance Committee. Vendors shall be notified in advance before modifications are made by the Market.
5.11 Each space may use an appliance that draws up to 50 watts of electricity per market day. All items requiring electricity to operate must meet all applicable codes. If an electrical device requires more than 50 watts or on-going electricity such as use of a freezer or other appliance an additional fee will be assessed monthly per the rental agreement.
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. Items left at the Market during the thirty (30) day period are not the responsibility of the Salem Public Market. A Vendorís personal article, supplies, equipment, or attachments to Vendor space are always the Vendorís own personal responsibility and never the responsibility of the Salem Public Market.
5.13 Vendors are not permitted to move product from one rental space location to another except with permission from or at the direction of the BC. When a Vendor is absent and the space has not been rented, the BC may allocate that space without charge to other Vendors who are present.
5.14 Each Vendor shall take his/her turn at KP. The duties include those posted on the rotation duties list. It is the responsibility of the vendor assigned the KP duty to find a substitute if they are not planning to be at market on their duty day. If the next vendor is not available to pass the KP duty to, the vendor will notify the BC who will determine the assignment of the KP duty. Please inform the BC when supplies are getting low. If a vendor is absent, it is still their responsibility to perform the duties of KP.
5.15 Subletting of space by Vendors is prohibited.
5.16 Per ORS 433.345, smoking within 10 feet of the building is prohibited.
5.17 Drinking of alcoholic beverages by a vendor or their space representatives during market hours or when customers are present in the market is prohibited.
5.18 Parking: Please follow the parking instructions posted on the Vendor Bulletin Board or included in the vendor information packet by the BC.
5.19 Handouts: All Vendors or their designee must initial for having received official handout(s) authorized by the Board of Directors. Return the dated and initialed acknowledgement page of the handouts to the BC.
6.00 Facility Use
6.01 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 BC (information relating to the conduct of your business at the Market as a Vendor). A refundable deposit is required for each key requested. Issuance of a key to anyone other than a Vendor will be at the discretion of the Board of Directors. Loaning a key to a non-representative of your space(s) is a violation of Market Rules. The key may be revoked at the discretion of the Board of Directors. No refund will be given for revoked or lost keys.
6.02 On market days, 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 Vendor Bulletin Board or the vendor information packet. If you are among the last of the Vendors to leave, please communicate to be sure someone has a key.
7.01 Any Vendor complaints shall be addressed in writing to the President of the Board. Complaints must be signed and dated. The President may 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 The Board of Directors may conduct visits to vendorís facility to resolve complaints or violations of Salem Public Market rules. The Board shall assign persons as necessary to attend the visit. The complainant has a right to attend the visits.
8.00 Violation of Rules
8.01 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 can result in an immediate expulsion from the Market.
8.02 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.
8.03 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.
8.04 The return of an expelled Vendor must be approved by the Board of Directors.
8.05 Violation of any of the above rules may result in sanctions or expulsion from the Market.