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Public Input from Rebecca Nolan re Farmer's Market RegulationsDUBUQUE MAIN STREET 7/11/2017 Rebecca Nolan Gourmet Goodies 709 Fenelon Place Dubuque, Iowa 52001 6-60fr i��lra�) 1 0 6 9 MAIN STREET • DUBUQUEIOWA• 5 2 0 0 1. 4 7 2 4 [563[ 588-4400 • [563).588-0645•FAX • WWW •DU BUQU EMAINSTR E ET.OR G -_. Rebecca, It has been brought to my attention the highlighted portion of the Dubuque Farmers' Market rules (below) has been violated on numerous occasions and the violation is a concern of the City Street Department and negatively impacts Dubuque Main Streets ability to staff market: StalUSpace Set Up: 1. Set up of tables, chairs, umbrellas, beverage and food stands, entertainment equipment, fencing, trash receptacles, and all other necessary equipment may begin no earlier than 6:00 a.m. 2. All market vendors must close at 12:00 p.m. in accordance with the hours of operation, and removal of all items shall be completed no later than 12:30 p.m. The City of Dubuque reserves the right to provide tickets for vendors not vacated by 12:30 p.m. Vendor tear down may not begin before 11:30 a.m. The market is open until 12:00 p.m. and customers expect to find vendors selling their goods until 12:00 p.m. 3. Do not set up tables/stands that extend into nor block the walkway in front of your tables/displays to allow for the two-way flow of pedestrians, as well as wheelchairs and other walking assistance devices. There should be a minimum walkway of 6 feet between your tables/displays and any barriers (buildings, other vendors, etc.) opposite your assigned stall location. 4. Vendors furnish their own tables, chairs, displays, canopies or pop-up shelters, cash -box, change, supplies, and the like. Vendors are responsible to set up, maintain, and tear down their own tables, canopies, displays, trash/recyclables, and the like. 5. Canopies, tents, and umbrellas must always be safely secured from unexpected weather events by attaching all four corners to weights. Unsecured tents may not be used. As the rules state "if the Vendor fails to comply with any requirement set forth in this Agreement, the Vendor shall be given written notice to comply." This letter is this written notice. Our rules go on to state: "If the Vendor fails to comply within 15 days of such notice, this agreement shall be deemed terminated by the City without further notice or refund to the Vendor." Dubuque Main Street feels a 15 day notice for further disciplinary action is the appropriate action necessary to continue the agreement. If the issue mentioned continues, Dubuque Main Street will take further disciplinary action. If you, the Vendor, fails to comply in this matter, you will not be able to participate in the remainder of the 2017 Dubuque Farmers' Market. Sincerely, Bianco Executive Director -Dubuque Main Street A MAIN STREET IOWA AFFILIATE Print VENDOR LEGAL AGREEMENT Company: Vendor: Gourmet Style Goodies Rebecca Nolan AgreedDate: 2/22/2017 6:59:50 PM Agreement: VENDOR AGREEMENT. THIS AGREEMENT, is by and between the City of Dubuque, Iowa, or their designee, hereinafter referred to as "City" and you, hereinafter referred to as "Vendor." WHEREAS, the Vendor is authorized to sell only products grown or raised on his/her property, or to sell only handmade arts and crafts of his/her own production, provided he/she does not violate the rules of the Market or other departments of the City government at Dubuque, Iowa; and WHEREAS, the City has determined that such events are in the best interest of the City hereby grants to the Vendor permission to conduct such event in the designated Market area upon the terms and conditions set forth herein; NOW THEREFORE, the parties hereto agree as follows: 1. Permits and Licenses — The Vendor shall obtain and maintain during the term of this Agreement all necessary permits and licenses required for use described herein. Permits are not transferable. 2. Dates, Hours, Location, and Fee — The Dubuque Farmers' Market operates from the first Saturday in May to the last Saturday in October (26 weeks). Hours of operation shall be from 7 a.m. to 12 noon. The fee to be a Seasonal Vendor at Dubuque Farmers' Market is $260 per stall space for 2017. Fees are payable no later than 4:30 p.m. on Friday, April 16, 2017, to Dubuque Main Street, 1069 Main Street, Dubuque, IA 52001, to participate in the May 6, 2017, market unless other arrangements have been made. Vendor refunds will not be given after May 16, 2017. Fees will provide vendors access to the Market Money token system. 3. Setup/Take Down — Each vendor will provide his/her own display fixtures and shelter for his/her own person and merchandise from the elements as necessary. Setup of tables, chairs, umbrellas, beverage and food stands, entertainment equipment, fencing, trash receptacles, and all other necessary equipment shall begin no earlier than 6 a.m. All market vendors shall close at 12 noon in accordance with the hours of operation, and removal of all items shall be completed no later than 12:30 p.m. 4. Pets — Vendor -owned pets are not allowed within the Market area except service animals. 5. Rubbish — All vendors are responsible for the proper and complete cleanup of and litter in and around their area. Other City -owned trash receptacles in the market shall not be the responsibility of the Vendor nor should the Vendor use those receptacles for their trash. Such trash receptacles are intended for use by customers and not the Vendors. All Vendors must take all trash and/or recyclable items with them. 6. Vehicles in the Market — Vehicles are allowed in the Market area as authorized by the City Manager or the Market Manager. DMS will provide one parking permit to all authorized vendors to be displayed in the vendor's vehicle. 7. Supervision — The Vendor shall provide sufficient and competent personnel to plan, implement and supervise the use, and to take proper care of the vendor booth. 8. Statutes and Ordinances — The Vendor, its agents, and employees shall abide by all federal, state, and municipal laws, rules, and regulations. 9. Emergency Access — Under no circumstances shall any fire lane be restricted or occupied by the Vendor. 10. Vendors may not solicit customers beyond their own assigned market spaces either via signage or `hawking.' 11. If the Vendor fails to comply with any requirement set forth in this Agreement, the Vendor shall be given written notice to comply. If the Vendor fails to comply within 15 days of such notice, this agreement shall be deemed terminated by the City without further notice or refund to the Vendor. 12. Other Conditions — The 2016 Dubuque Farmers' Market Vendor Handbook (note: add Zink here) is incorporated to and made part of this Agreement. The City, or its designees, reserves the right to revoke this permit at any time if rules are not adhered to or unusual conditions arise. INDEMNIFICATION AGREEMENT In consideration for granting of permission by the City of Dubuque (City), Iowa, to the undersigned for the use of the following described property: Farmers' Market area for the following purpose only: To sell arts and crafts, farm produce, or baked goods on the following date(s): Through October 31, 2017 The undersigned agrees to indemnify and hold harmless the City and Dubuque Main Street (DMS), and its agents, officers, and employees from and against all claims for injury or damages to persons or property arising out of or caused by the use of such property. The undersigned further agrees upon receipt of notice from the City and DMS to defend at its own expense the City and DMS from any action or proceeding against the City and DMS arising out of or caused by the use of such property. A judgment obtained in any such action or proceeding is conclusive in any action by the City and DMS against the undersigned when so notified as to the existence of a defect or other cause of the injury or damage, as to the liability of the City and DMS to the plaintiff in the first name action, and as to the amount of the damage or injury. The City and DMS may maintain an action against the undersigned to recover the amount of the judgment together with all the expenses incurred by the City and DMS in the suit. The Vendor enters into this Agreement and shall be binding from the date affixed through October 31, 2017. Print VENDOR PROFILE Company: Structure: Owners: Primary Contact: Email: Alt. Email: Business Phone: Cell Phone: Home Phone: Fax: Address: Dubuque, IA 52001 United States Gourmet Style Goodies Sole Proprietor Rebecca Nolan Rebecca Nolan gourmetstylegoodies@yahoo.com 563.557.0690 563.557.0690 709 Fenelon Place Description: Food Artisan *High Quality *Made from Scratch *All Natural Made by hand using traditional methods Distinctive products in small quantities Made with Love, Time & Appreciation Inspired to create Fabulous Foods for ALL- dietary needs/restrictions Website: Is Farm: No Product Baked Goods Varieties 99 MARKETS / Q&A Organic Availability JanFeb Mar Apr May Jun Jul Aug Sep Oct Nov Dec false Market: Dubuque Farmers' Market 2017 Status: Approved Vendor Type: Grower/Producer/Processor Stall Request: Street Stall Space - approx. 20' long Comment: As has already been figured out, we the'' same amout of time to close our stand as we do to open it. Please change the clean up time accordingly. 0 Are you an organic grower/producer? Answer : No Are you a Certified Organic grower/producer? (USDA Organic) Answer : No If Certified Organic, please complete. Certificate no. and Issuing Organization: Answer : Are you authorized to accept Credit/Debit cards? Answer : No Are you authorized to accept EBT Cards (formerly known as Food Stamps)? Answer : No Details Please refer to description of business and ingredient sourcing Are you authorized to accept FMNP checks/vouchers for WIC & Seniors? Answer : No Did you participate in the 2016 Market Money token program? Answer : Yes If you did not participate in the 2016 Market Money token program, WOULD YOU LIKE INFORMATION ABOUT PARTICIPATING IN 2017? Answer : No Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Kevin Firnstahl, City Clerk City Hall - 50 W. 13`h Street, Dubuque IA 52001 563 589-4120 ORDINANCE NO. 2 9 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 4 CENTRAL MARKET, SECTION 4-4-1 MARKET AREA DELINEATED BY EXTENDING THE SOUTH BOUNDARY OF THE MARKET AREA; SECTION 4-4-2 FARMERS' MARKET; DISPLAY OF MERCHANDISE BY PROVIDING FOR THE SALE OF GOODS WHICH HAVE BEEN RAISED, PRODUCED, PROCURED OR CRAFTED BY LOCAL VENDORS; AND SECTION 4-4-6 REVOCATION OF PERMIT BY REVOKING PERMITS FOR. GOODS SOLD THAT WERE NOT RAISED, PRODUCED, PROCURED OR CRAFTED BY LOCAL VENDORS Section 1. City of Dubuque Code of Ordinances § 4-4-1 is amended to read as follows: Section 4-4-1. Market Area Delineated: The property of the city adjacent to the city hall, together with such parts of the streets and sidewalks located within the area bounded by the south side of Tenth Street, the north side of Thirteenth Street, the west side of Central Avenue and the east side of Main Street, and such distances on Iowa Street between Thirteenth and Fourteenth Streets on both sides thereof as may be necessary for three (3) standard auto parking stalls, will constitute and be known as the Central Market. Section 2. City of Dubuque Code of Ordinances § 4-4-2 is amended to read as follows: The Central Market will be a "farmers' market" as provided for in the Iowa administrative code and will be subject to the rules relating thereto. Inspections may be conducted by the city manager who is under contract with the state department of inspections and appeals. Subject to such regulation and the limitations and prohibitions set forth hereinafter, any person, firm or corporation may display, offer for sale or sell on the streets or sidewalks of the Central Market, flowers, plants, arts, crafts or food items which have been raised, produced, procured or crafted by the local vendor and which THE CITY OF DUBDubuque monasiciar Masterpiece on the Mississippi 1111r 2007 N '‘, Farmers Market Boundary 1-3-1 Proposed Farmers Market Area Expansion ase Data Provided by Dubpp,ue County GIS th: H :\Plan, 30, 14apdEAC Vicinity Maps‘projects \vroposed 1-armers Market Boundary 01 OS 12 4-4-1 4-4-2 SECTION: 4-4- 1: 4-4- 2: 4-4- 3: 4-4- 4: 4-4- 5: 4-4- 6: 4-4- 7: 4-4- 8: 4-4- 9: 4-4-10: CHAPTER 4 CENTRAL MARKET Market Area Delineated Farmers' Market; Display Of Merchandise Market Stalls Established; Issuance Of Permits Restricted Parking In Central Market Display Permit Restricted To Central Market Area Revocation Of Permit Market Master Designated; Duties Generally Traffic Regulations Inspection; Confiscation Of Food Unfit For Consumption Weights And Measures 4-4-1: MARKET AREA DELINEATED: The property of the city adjacent to the city hall, together with such parts of the streets and sidewalks located within the area bounded by the south side of Tenth Street, the north side of Thirteenth Street, the west side of Central Avenue and the east side of Main Street, and such distances on Iowa Street between Thirteenth and Fourteenth Streets on both sides thereof as may be necessary for three (3) standard auto parking stalls, will constitute and be known as the Central Market. (Ord. 29-12, 3-19-2012) 4-4-2: FARMERS' MARKET; DISPLAY OF MERCHANDISE: The Central Market will be a "farmers' market" as provided for in the Iowa administrative code and will be subject to the rules relating thereto. Inspections may be conducted by the city manager who is under contract with the state department of inspections and appeals. Subject to such regulation and the limitations and prohibitions set forth hereinafter, any person, firm or corporation may display, offer for sale or sell on the streets or sidewalks of the Central Market, flowers, plants, arts, crafts or food items which have been raised, produced, procured or crafted by the local vendor and which are displayed and sold at a stall for which a permit has been issued as provided for in this chapter. (Ord. 29-12, 3-19-2012) June 2012 City of Dubuque 4-4-8 4-4-10 4-4-8: TRAFFIC REGULATIONS: The city manager shall restrict or regulate the sidewalk and street traffic in the area of the Central Market as may be necessary to protect the public health, safety and welfare. (2007 Code § 31-27) 4-4-9: INSPECTION; CONFISCATION OF FOOD UNFIT FOR CONSUMPTION: All food or food products displayed, sold or offered for sale at the Central Market shall be subject to inspection by the city manager. If any food or food product is found to be unfit for human consumption, the city manager shall confiscate and destroy the food, and the person displaying, offering for sale or selling such food shall be guilty of a misdemeanor. (2007 Code § 31-28) 4-4-10: WEIGHTS AND MEASURES: The weights and measures approved, standardized and adopted by the state department of agriculture shall be the standard weights and measures used for the sale of all merchandise required to be sold by weight or other measure at the Central Market. All sales by weight shall be by avoirdupois weight, and all sales of commodities by measure shall be by standard volume containers, specifically, pint, quart, peck or bushel. (2007 Code § 31-29) City of Dubuque