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HomeMy WebLinkAbout24368 RESOLUTION NO. 24368 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE REVISED VILLAGEFEST RULES AND REGULATIONS TO BE EFFECTIVE FEBRUARY 8, 2018. WHEREAS, on January 29, 1991, the City Council approved the program and related actions to be known as VillageFest, a weekly street fair to take place on Thursday in downtown Palms Springs; and WHEREAS, over the years, VillageFest has increased the activity in the central business district and expanded tourism opportunities; and WHEREAS, VillageFest has become Southern California's most popular and longest running weekly festival; and WHEREAS, to establish guidelines for the operation of VillageFest, it is necessary to adopt specific rules and regulations to govern the event; and WHEREAS, on June 14, 2016 the VillageFest Board unanimously voted to recommend that City Council approve the revised VillageFest Rules and Regulations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The revised VillageFest Rules and Regulations, a copy of which is attached hereto and incorporated herein, are hereby adopted to be effective February 8, 2018. SECTION 2. All previous Resolutions and Minute Orders adopting or amending VillageFest Rules and Regulations are hereby suspended. ADOPTED THIS 7T" DAY OF FEBRUARY, 2018. David H. Ready, Esq., TEST: �� City Manager 7 hon J. C City Clerk Resolution No. 24368 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, MMC, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24368 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 7t" day of February, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None F I have hereunto set m IN WITNESS WHEREOF, y hand and affixed the official seal of the Cityof Palm Springs, California, this ` &+� day of i1 j2 � Y 2 4nLthon . Mejia, City Cler Welcome to V,� 7w/ VillageFest is Southern California's most popular and longest-running weekly street festival. Every Thursday evening the City of Palm Springs closes Palm Canyon Drive to traffic and transforms the avenue into a vibrant, car-free, pedestrian street fair unique to Southern California. It includes a diverse array of artists, crafts, entertainment, purveyors of fresh fruits and vegetables, flowers,jewelry, snacks, sweets and an outdoor food court of international foods. Add great downtown shopping, a myriad of restaurants, clubs, and entertainment venues, and the result is: Palm Springs VillageFest. Palm Springs VillageFest is organized and administered by the City of Palm Springs, Department of Parks and Recreation, and overseen by a seven-member citizen board appointed by the Palm Springs City Council. June 14, 2016 VILLAGEFEST BOARD MEMBERS: MICHAEL ZISKIND, Chair DOROTHY WATSON, Vice Chair JOY BROWN MEREDITH, Board Member RONDALD KING, Board Member MARILYN MANLEY, Board Member TINA LOUISE, Board Member JULIE MONTANTE, Board Member 1 TABLE OF CONTENTS PURPOSE, GOALS &STRUCTURE .................................................................................. 3 LOCATION&CONTACT LIST ....................................................................................... 4 APPLICATION PROCESS FOR NEW APPLICANTS .............................................................. 5 PROCESS FOR CURRENT VENDORS TO REAPPLY .............................................................. 6 FEES AND PERMITS .................................................................................................... 6 COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS AND STATUTES ............................. 7-9 STANDARDS OF CONDUCT ......................................................................................... 10 BOOTH SET-UP, LOAD-IN, AND LOAD-OUT PROCEDURES................................................ 10 EMERGENCY PROCEDURES FOR INCLEMENT WEATHER CONDITIONS .......................... 12 HEALTH,FIRE AND POLICE REGULATIONS ..........................................................:........ 12 COMPLIANCE AND ENFORCEMENT ........................................................................ 12-13 APPEALS .................................................................................................................. 13 VENDOR PARTICIPATION AND BOARD GUIDELINES ................................................. 14-18 GeneralVendor .................................................................................................. 14 FarmersMarket .............................................................................................. 14-15 Specialty Foods (pre-packaged) ............................................................................... 15 Non-Profit Organizations ............................................................................................................ 15 Downtown Retail Merchant Vendor.......................................................................... 16 Food Service Vendors ........................................................................................... 16 Entertainment, Political, Commercial &Miscellaneous Vendors...................................... 16-18 www.villagefest.org PURPOSE: Our purpose is to create a weekly, vibrant, community street fair with a family atmosphere for residents and tourists alike. GOALS: • Provide a venue for community activities and organizations • Create a positive image of downtown Palm Springs • Provide a diverse selection of arts, crafts, entertainment, and international foods • Culturally enrich citizens and visitors to our extraordinary city • Promote downtown as a center for social, civic and retail activities • Expose residents and visitors to downtown stores, services and businesses • Enhance the community STRUCTURE, OVERSIGHT, AND SCHEDULE: VillageFest takes place in downtown Palm Springs on Palm Canyon Drive every Thursday night. The street is closed to vehicular traffic and then transformed into a festive, pedestrian street fair. The perimeter of the event consists of Indian Canyon Drive to the east and Belardo Road to the west. Vendor booths are set up on both sides of the street, and visitors are able to stroll through the traffic- free event. VillageFest oversight is provided by the Palm Springs VillageFest Board and managed by the VillageFest Coordinator. The VillageFest Board is comprised of residents who possess retail or tourism expertise. Members are appointed by the Palm Springs City Council and serve, uncompensated, for a three-year term. The VillageFest Board evaluates each application to ensure that proposed activities meet the purpose and goals mentioned above. VillageFest Board meetings are usually held on the second and fourth Tuesday of each month (except August), at 3:30 p.m. at City Hall. Meeting notices are posted in advance. The public and interested parties are encouraged to attend. www.villagefest.org 7xit LOCATION AND CONTACTS Event Location: Palm Canyon Drive, downtown Palm Springs Event Hours: Season 1 (October through May) 6:00 p.m. to 10:00 p.m. Season 2 (June through September) 7:00 p.m. to 10:00 p.m. VillageFest Schedule: Year—round, every Thursday night, except designated holidays General information and questions: VillageFest Office: City of Palm Springs Leisure Center(Sunrise Plaza) 401 S. Pavilion Way Palm Springs, CA 92262 Telephone: (760) 320-3781 Fax: (760) 416-3799 E-Mail: Jasmine.Waitsawpalmsprings-ca.gov E-Mail: Faith.Roche@palmspringsca.gov Web Address: www.villagefest.org Seller's Permit: State Board of Equalization 35-900 Bob Hope Dr., Ste. 280 Rancho Mirage, CA 92270-1768 Telephone: (760) 770-4828 website: www.boe.ca.gov Health Department: Riverside County Department of Environmental Health 554 S. Paseo Dorotea Palm Springs, CA 92264 Telephone: (760) 320-1048 Patin Springs Fire Department: 300 N. El Cielo Road Palm Springs CA 92262 Telephone: (760) 323-8181 www.villagefest.org } 0 I. PROCESS FOR NEW APPLICANTS The following are the steps in the application process: Step 1 — Submission of completed application and payment of required fees must be provided at the VillageFest Office. Incomplete applications will not be processed. The VillageFest Office location is listed on the Contacts page. The fees necessary for submission may be paid by cash, money order, credit card (MasterCard, Visa or Discover), or by check made payable to the City of Palm Springs; no out-of-state checks will be accepted. A valid California driver's license with picture shall be required as proof of identity. Applications must contain the names, addresses, telephone numbers, web address, (if applicable) and signatures of the responsible persons. Step 2- Review of application by VillageFest Staff The VillageFest Staff will screen and review the application. If it is complete, the applicant will be invited to make an appearance and give a presentation at the next available bi-monthly VillageFest Board meeting, which occurs at 3:30 p.m. on the second and fourth Tuesdays of each month (except August) at City Hall. Step 3—Presentation by the applicant to the VillageFest Board The applicant presents their product or service to the VillageFest Board during a five-minute presentation. Step 4—Approval/Rejection of the application The Board will vote to accept, reject, or recommend modifications to the applicant's application based on the following guideline questions. The VillageFest Board does not discriminate on the basis of race, religion, creed, color, gender, sexual orientation, national origin, or political persuasion. • Does this vendor qualify under the approved VillageFest Rules and Regulations? • Are the proposed vendor's merchandise and/or service beneficial to the purpose of VillageFest? • Are the proposed merchandise and/or service unique to VillageFest, as opposed to merchandise and/or services already offered at VillageFest? • Is the proposed booth design within the guidelines established by the VillageFest Board? www.villagefest.org V-4 zome • Has the proposed vendor provided the VillageFest Board with recent photographs of his/her booth setup, signage (appropriate signage including business name in a minimum size of twelve inches high by eighteen inches in length or 12" H x 18" L)? • Has the proposed vendor provided the VillageFest Board with recent photographs of the complete process of creating the merchandise? Upon the VillageFest Board's approval and receipt of payment of applicable fees, the VillageFest Coordinator shall issue a VillageFest permit. The new vendor is subject to the availability of spaces within particular categories. I1. APPLICATION PROCESS FOR CURRENT VENDORS A. Current vendors may be required to submit a Current Vendor Application to maintain his/her status as a vendor. The VillageFest Staff will review the payment history of the applicant, and determine whether or not: 1. The vendor consistently followed the VillageFest Rules and Regulations 2. The vendor received prior written warnings 3. The VillageFest Staff has had complaints about the vendor's products or services 4. The vendor's necessary permits, insurance, and licenses are up-to-date B. Applicants who reapply must select which season they prefer: 1. Annual (year-round) 2. Season 1 (Oct—May) 3. Season 2 (June— Sept) 4. Standby=next available, or last-minute spot VillageFest Staff at its discretion or under the direction of the Board may require the C. ag Y q applicant to appear before the VillageFest Board. PP g III. FEES AND PERMITS A. Vendors must pay an annual application fee and remain current with the following documents: 1. VillageFest business license 2. City of Palm Springs liability insurance, or private insurance with the City of Palm Springs named as additional insured www.villagefest.org i i VA 3. Seller's permit 4. Health permit (for food service vendors ONLY) B. To obtain these permits, see VillageFest Location and Contacts list on page four. C. Vendors who already have a Palm Springs business license must provide the VillageFest office with a copy. IV. COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS AND STATUTES The acceptance and use of any selling space at VillageFest constitutes an agreement by any and all vendors, whether Annual, Season 1, Season 2, or Standby, and persons helping or working with such vendors, to comply with all VillageFest Rules and Regulations and all city, state, and federal laws. A. VillageFest vendors must comply with all federal, state, and local laws and statutes concerning child labor. Unlawful employment of minors, under any federal, state, or local laws is prohibited. Such violation shall be deemed as noncompliance with VillageFest Rules and Regulations. B. VillageFest vendors and their employees must comply with the Americans with Disabilities Act (ADA), which provides for equal access and opportunity for individuals with disabilities in public accommodations. C. All vendors must understand and comply with any and all federal and state laws relating in any manner to their goods and services. For example, vendors of artwork must understand and comply with all copyright and/or trademark laws that may govem the reproduction and/or sale of such artwork. Not understanding the law will never be an adequate excuse used by vendors for violating a law. D. Vendors must work professionally, cooperatively, and reasonably with both the customer and VillageFest Staff to resolve complaints. Vendors must also fully comply with VillageFest Rules and Regulations and are required to sign the acknowledgement contained on the application. E. Vendors must participate once their space is allocated. VillageFest shall proceed as scheduled, "rain or shine." There shall be no fee credit given to a vendor if he/she decides not to participate on any night for whatever reason. There also is no fee credit given should VillageFest be cancelled due to city holidays, rain, wind, or any other unforeseen circumstances. F. Standby Vendors are allotted spaces when current vendors will not be participating on any given Thursday evening. A Standby Vendor shall contact the VillageFest office no later than the Monday of the week in which they wish to participate. If space becomes available, the Standby Vendor must pay his/her space fee over the phone by contacting the VillageFest office. A space will be assigned the day of the event. www.villagefest.org G. A vendor who wants to change or add products to his/her approved list must request an appearance before the VillageFest Board prior to selling any new items. Requests to be scheduled for a Board Meeting are to be made through the VillageFest Coordinator. H. It is the responsibility of the vendor to notify the VillageFest Staff, in writing, no later than the Monday before the next VillageFest, if he/she will be absent from that event. A vendor who fails to notify the VillageFest Coordinator prior to an absence shall be charged with an unexcused absence. A vendor with one or more unexcused absences in one (1) month period or two (2) or more unexcused absences within a three (3)month period shall be subject to suspension, and possible revocation of his/her VillageFest permit. I. When a vendor has decided to terminate participation in VillageFest, he/she must notify the VillageFest Coordinator, in writing,before the first Thursday of the month of the departure. No fee credit or refund shall be given if a vendor notifies the VillageFest Coordinator of departure after the first Thursday of the month. J. Sales privileges and spaces cannot be sold, sublet, or transferred. K. Power cords must be completely taped down to limit liability for the vendor, and conform to City of Palm Springs safety requirements. Additionally,power cords must take the shortest route from the receptacle to the booth to minimize tripping hazards. L. Power must be supplied from public light poles rather than private connections. These power poles have a maximum limit of two (2) amps (total of 280 watts)per vendor. Should a vendor's connection cause consistent power outages, the vendor shall be required to redesign his/her power needs to be self-sustaining and utilize the power poles for lighting ONLY. M. All vendor lighting shall be fluorescent, LED, or low voltage halogen. N. Crock pots, rice cookers, coffee brewers, electrical skillets, heat lamps, portable air conditioners, portable electrical heaters, etc., or anything a city employee deems to have a large wattage draw, are NOT allowed on the premises. O. All booth lighting shall be confined to the booth and designed to prevent spillage into other booths or glare into the eyes of visitors. P. No alcoholic beverages are to be consumed or sold within a booth. Q. Merchants' windows may not be obscured at any time by vendors' boards, banners, or other large displays or equipment. Vendors are not allowed to prop up or hang any merchandise on any wall, building, or tree. R. Vendors are not guaranteed a specific booth location. The VillageFest Coordinator has the authority to assign and reassign spaces. Any vendor requesting reassignment of booth space www.villagefest.org E a� 7,Me must notify the VillageFest Staff, in writing. The VillageFest Coordinator reserves the right to refuse assignment of space to any vendor or applicant. S. Dimensions of the space allocated to each vendor are twelve feet wide and twelve feet from the curb (12 ft. wide x 12 ft. from curb). Booth height: twelve feet (12 ft.) maximum, unless an exception is granted by VillageFest Staff. Vendors shall not move into the middle of the street with their booths, this is a violation of health and safety regulations. T. The vendor shall provide maximum visibility and access to merchant businesses that remain open during VillageFest hours. Therefore, a vendor's booth height will be a major consideration in booth space allocation. Proposed increases in a vendor's booth height may require booth relocation. Contact the VillageFest Coordinator if any booth modification is desired. U. All trailers need to be approved by the VillageFest Board and shall fit within the VillageFest booth dimensions of twelve feet wide and twelve feet from the curb (12 ft. wide x 12 ft. from the curb). One(1) additional booth space may be purchased to accommodate a larger trailer. Trailers should be clean and must present an attractive, professional image consistent with the goals and purposes of VillageFest. V. Vendors must stay within their assigned spaces and out of fire lanes at all times. It is the vendor's responsibility to be aware of the fire lanes. W. Vendors shall identify their booths with appropriate signage (including business name) within the dimensions of twelve inches in height by eighteen inches in length(12 in. H. x 18 in. L.). The signage with a drawing, photograph or sample for review by the VillageFest Board should be included in the application. X. All tables used within a booth space must be covered. Farmers Market vendors may use table skirts in lieu of full table covers. Covers or table drapes should be neat and clean and should not touch the ground. Y. A weighted canopy is recommended for use by all vendors. Nails or anchors cannot be driven into the pavement, structures, or trees. A canopy without the top (or a tent) is not allowed to be erected without approval from the VillageFest Staff. Z. No rolling clothing racks will be allowed without approval from the VillageFest Board. AA. Vendors must remove all boxes and containers used in the transportation of their merchandise BEFORE VillageFest begins for the evening. Empty boxes may be stored under tables as long as they are NOT visible from all sides (e.g., under a drape). BB. Vendors must display a valid VillageFest permit card at all times during setup, operation, and tear down. www.villagefest.org VA CC. If the booth involves food sales, the vendor must also have all relevant documents or permits demonstrating compliance with Riverside County Department of Environmental Health regulations. V. ON-SITE STANDARDS OF CONDUCT A. VillageFest vendors, employees and family members shall be appropriately dressed. All vendors are expected to dress in a Palm Springs casual manner. Clothing must be neat, clean, in good repair, and appropriate for on the job appearances at all times. Employees shall not wear on the outside of their clothing anything obscene, distracting, or may cause disruptions to the VillageFest environment B. No person shall deface or otherwise abuse the downtown buildings, plants, trees, or city property. C. No person or business participating in VillageFest shall state, imply, or otherwise suggest that the City of Palm Springs endorses, sponsors, or supports the views of his/her/its organization, candidate, product, or service. D. Non-entertainment vendors shall neither use amplified sound nor play music or make loud noises that can be heard outside their assigned spaces. E. Vendors shall not solicit customers from outside their selling spaces. F. Hawking, selling outside of booth, loud, or aggressive behavior is strictly prohibited. G. Any entertainer performing on the street shall maintain the volume of the music so as not to disturb his/her surrounding vendors. A maximum decibel level between 60 and 80 shall be enforced by the VillageFest Staff. H. It is each vendor's responsibility to report to the onsite VillageFest Staff any hazardous condition they observe in or around the vendor's booth. If the problem cannot be remedied immediately, the vendor shall be relocated temporarily to another space. I. A vendor who violates a city, county, state, or federal regulation is subject to automatic permit revocation. This includes, but is not limited to, inappropriate public behavior, traffic regulations, and threats to public safety. J. Non-profit vendors, in accordance with California state law, may conduct raffles with approval from the VillageFest Board. K. Vendors are responsible for the actions of their employees, associates, and independent contractors working for them. Vendors shall be courteous to other vendors, the public, and VillageFest Staff and Management. www.villagefest.org VI. BOOTH SETUP, LOAD-IN, AND LOAD-OUT PROCEDURES A. Setup begins one hour prior to the event start time. The city begins barricading the streets at approximately 5:00 p.m. during Season 1 and 6:00 p.m. during Season 2. 1. Vendors must not park on the closed street after that time. 2. Vendors may unload vehicles '/z hour prior to setup onto the sidewalk as long as they do not impede safe pedestrian flow or vehicular traffic. However, they MAY NOT begin to setup or unpack items on the curb. 3. Vendor vehicles may be unloaded and then moved and parked outside of the event perimeter prior to the scheduled event start time. 4. By NO LATER THAN 11:00 p.m. vendors are to be packed up and out of the traffic lanes. 5. A vendor shall be fined twenty-five dollars ($25) if his/her booth is not ready for business at the start of the event, or if he/she closes down before 10:00 p.m., the official end of the event. 6. A vendor shall receive one (1) Vendor Pass for his/her vehicle. The Vendor Pass must be displayed in the front windshield to gain entry to VillageFest. Setup and tear down shall go as follows: a. Vendors must park their vehicles in their assigned location and unload onto the sidewalk. b. Vendors must move their vehicles off the street immediately after unloading. C. Vendors may not set up their booth while their vehicle remains parked on the street. d. A vendor's canopy or tent must be dismantled and their booth items must be packed up and on the sidewalk before their vehicle is allowed on the street for load-out. B. Vendors shall enter the closed off sections of Palm Canyon Drive from the intersections of Amado Road, Tahquitz Canyon Way, and Arenas Road. Vendor vehicles must head SOUTH ONLY on Palm Canyon Drive at all times when entering and leaving the event. Citations shall be issued to violators of these rules. C. Vendors and their employees shall park outside the perimeters of the event. D. Farmer's Market Vendors who in their application submitted to the VillageFest Coordinator have demonstrated a need to park inside the perimeters of the event, and have received approval, may be exempt from (C) above. www.villagefest.org 9,4 � E. No vendor shall bring his/her vehicle onto Palm Canyon Drive from the time the event has started until the time it ends. F. The VillageFest Coordinator shall notify all vendors, in advance, when changes in event hours go into effect. G. Vendors must not, at any time, move any traffic control devices, such as barricades, bollards, signs, or delineators. Citations shall be issued to the violators of these rules. H. Vendors must police all streets, curbs, sidewalks and areas surrounding their booths and remove all litter and stains that result from their activities. When removing or dismantling setups, all vendors must clean their own spaces of all debris. If a space is left in poor condition, the vendor will be charged a twenty-five dollar($25) cleanup fee. VII. EMERGENCY PROCEDURES FOR INCLEMENT WEATHER CONDITIONS A. The VillageFest Staff shall inform vendors if the event must be canceled due to dangerous weather conditions. B. VillageFest shall remain open until emergency weather conditions are declared. Vendors are prohibited from driving their vehicles onto the closed street early, or depart early, due to weather conditions, unless directed by the VillageFest Staff. C. The decision to call an emergency shutdown of VillageFest is at the exclusive discretion of the City of Palm Springs City Manager or his designee. D. Credit and refunds shall not be given to vendors for a weather emergency. E. When an emergency has been declared, vendors shall immediately cease operations. F. It is the vendor's responsibility to provide his/her own coverings to protect merchandise and products from weather-related conditions. VIII. HEALTH, FIRE, AND POLICE REGULATIONS A. Cooperation with local health, fire, and police departments is essential. Vendors must be aware of and comply with code requirements. Specific questions regarding the interpretation of codes should be directed to the appropriate agency listed in the Location and Contacts list on page four(4). B. Any furniture or equipment used within the booth space must first be approved by the VillageFest Coordinator. Any vendor selling combustible products, using propane or other combustibles, or performing open-air cooking, must provide a fire extinguisher(2A-I OBC Type) and receive the approval of Palm Springs Fire Department. i www.villagefest.org i' C. Propane users require a fire department permit. All use of propane in conjunction with cooking, heating, crafting, or demonstrating gas-fueled merchandise, must be pre-approved by the Palm Springs Fire Department before a permit can be issued. IX. COMPLIANCE AND ENFORCEMENT A. VillageFest vendors must comply with VillageFest purpose, goals,rules and regulations. B. VillageFest is an event for the enjoyment of citizens and visitors who contribute to the area's tourism industry. Vendors shall not antagonize or offend residents or visitors and shall do everything possible to encourage and promote the festive nature of VillageFest. C. Noncompliance with any VillageFest rule or regulation, including offensive conduct, is grounds for suspension or revocation of the VillageFest permit. D. A suspension or permit revocation of the VillageFest permit shall be issued by the VillageFest Staff, in writing, specifying the effective date of, and grounds for, the suspension or revocation. E. Products not approved by the VillageFest Board are PROHIBITED. A citation will be issued for violation of rules and regulations, and all noncompliant items must be removed immediately. F. Vendors who receive more than one written warning in any one season (Season 1, Season 2, and Annual) shall not be permitted to operate their booth until they appear before the VillageFest Board for review. X. APPEALS FOR APPLICATION DENIAL A. If an application is denied an appeal may be made, in writing, to the VillageFest Board, who shall reconsider the denial. The appeal must be filed within fifteen (15) days of the denial date. B. If a Vendor desires to appeal the VillageFest Board's final determination, an appeal may be made, in writing, to the Palm Springs City Manager within fifteen (15) days of the VillageFest Board's denial. The City Manager shall review the appeal and issue a decision. The City Manager's decision shall be final. APPEALS FOR SUSPENSION/REVOCATION C. Upon suspension or revocation of a VillageFest permit, the vendor shall have the right to appeal the suspension or revocation to the VillageFest Board. Such appeal must be made within fifteen (15) days of the issuance of the suspension or revocation, and any such suspension or revocation shall be effective until or unless overturned on appeal. D. After receipt of an appeal, the VillageFest Coordinator shall schedule the matter for hearing at the next available VillageFest Board meeting at which the matter can be presented. The www.villagefest.org go�&�7x4e VillageFest Coordinator shall provide the vendor with at least ten (10) days written notice of the time and place of the meeting. The vendor shall have the burden of proof as to why the suspension or revocation should be overturned. Following the hearing, the VillageFest Board may approve, modify, or reverse the suspension or revocation. Notice of the VillageFest Board's decision shall be given, in writing, to the applicant within fifteen(15) days of the hearing. E. If a Vendor desires to appeal the VillageFest Board's final determination, an appeal may be made, in writing, to the Palm Springs City Manager within fifteen (15) days of the VillageFest Board's denial. The City Manager shall review the appeal and issue a decision. The City Manager's decision shall be final. XI. VENDOR PARTICIPATION & BOARD GUIDELINES Each VillageFest vendor must meet the criteria of one of the following categories: A. GENERAL VENDOR 1. Seventy-five (75%) of any art craft,jewelry or wearable item(s) offered for sale must be the handcrafted work of the artist who will be selling the wares at the booth. Items that are merely hand-assembled, and comprised only of commercially-available manufactured parts, shall not be considered handcrafted for the purpose of VillageFest. The artist must be present unless a representative of the artist has been approved by the VillageFest Coordinator and the VillageFest Board. 2. A vendor's merchandise shall be reviewed and evaluated according to the goals and guidelines of VillageFest by the VillageFest Board. The Board shall also evaluate the quality of the items, raw materials, workmanship, uniqueness, and appropriateness of the items for VillageFest. It is within the discretion of the VillageFest Board to deny applications based upon these criteria. 3. A vendor may not receive merchandise, directly or indirectly, from any current or former vendor who has been suspended and/or had his/her selling rights terminated. B. FARMERS' MARKET VENDOR 1. The Farmers' Market operates under California Department of Food and Agriculture regulations. Certain guidelines have been established by the Farmers' Market and the City of Palm Springs with respect to specific needs of the event. Permits must be current and displayed at the point of sale at all times. 2. All people wishing to sell their crops directly to the public must contact the VillageFest Coordinator. Permits and space assignments shall be made after the application review is completed. 3. Vendors shall not display or advertise items that they are not permitted to sell. www.villagefest.org V.� 7.Me 4. Vendors must clean up their assigned spaces before leaving the event and must provide their own refuse containers. City trash containers shall not be used for vendor debris. 5. All fruit and products to be sold shall be subject to the California Department of Food and Agriculture regulations. 6. Any vendor reselling produce or nursery products must obtain a permit from the California Department of Food and Agriculture. A photocopy of a valid permit must be turned in to the VillageFest Coordinator with the vendor's application. This permit must also be posted in the vendor's booth and clearly visible to the public. Any questions regarding this permit shall be directed to the California Department of Food and Agriculture at (916) 654-1237. 7. Any vendor selling products by the pound must have a scale certified by the Riverside County Department of Weights & Measures. Without a certification sticker, no vendor may sell products by the pound. For more information, call (760) 863-7705. C. SPECIALTY FOODS (PRE-PACKAGED) 1. Items that do not fit as typical Farmer's Market products fall into this category with the following criteria: a. All pre-packaged Specialty Foods must comply with every state and federal packaging requirements. b. The only items that will be considered for VillageFest are those produced and packaged in the United States of America. c. For the purpose of VillageFest, distributors of products are excluded. d. Specialty food items must relate to each other and fall into a single category, i.e. no pre- packaged nuts and salsa, unless they have a common branding. D. NON-PROFIT ORGANIZATIONS 1. Applicants shall be assigned space at the event on a first-come, first-served basis and allowed to have that space on a rotational basis. 2. Nonprofits must provide proof of their current nonprofit [501(c)] status including nonprofit number. Verification must be provided at the time of application. 3. Nonprofits may pass out informational materials promoting the nonprofit. 4. Nonprofits may accept donations on site. www.villagefest.org 5. Nonprofits must obtain Department of Justice letter for any raffles conducted at VillageFest. 6. Nonprofits may sell event tickets for fundraising events benefiting the nonprofit. 7. Nonprofits may sell merchandise/items at their booth that represents the organization, i.e. calendars, mugs, t-shirts, etc. 8. City sponsored departments or organizations are exempt for nonprofit regulations as approved by the VillageFest Board, i.e. Palm Springs Police Association, ONEPS. E. DOWNTOWN RETAIL MERCHANT VENDOR 1. Retail Merchants located within the designated Business Improvement District shall be allowed to sell items regularly found within their stores. 2. No downtown retail merchant shall be given a preference of location. 3. All items sold at VillageFest must be listed and approved by the VillageFest Board. 4. No downtown retail merchants shall be allowed to sell items obtained from any other VillageFest vendors who have participated in VillageFest within the previous six months. 5. The number of vendors assigned in this category shall not exceed 10% of total number of VillageFest vendors on any given month. F. FOOD SERVICE VENDOR 1. Other than in the food court, VillageFest is intended to be a walk-able event, and not a sit- down dining experience. 2. VillageFest food service vendors must comply with requirements imposed by the Riverside County Department of Environmental Health. These requirements include securing and continuously maintaining an annual Riverside County Department of Environmental Health food permit. Please contact the VillageFest Coordinator for additional information regarding a permit to sell food at VillageFest. 3. All VillageFest food service vendors and all support staff within the booth are required to have a Food Handlers Card on display in the booth. 4. Vendor vehicles must be moved out of the event perimeter prior to commencement of the event. 5. All areas must be kept neat and clean at all times. www.villagefest.org V.4 7oe4t 6. No food preparation producing smoke may take place unless approved by the VillageFest Board. 9. All food court vendors will provide a six foot (6 ft.) table and eight (8) matching chairs, or one (1) fold-up picnic table for customers. VillageFest will provide tablecloths. Vendors are responsible for setup, teardown, storage, and maintenance of their tables/chairs. G. ENTERTAINMENT Entertainers who wish to perform at VillageFest must contact the VillageFest Coordinator to be scheduled an audition at an upcoming VillageFest Board meeting. H. THERAPUETIC MASSAGE The vendor must be a licensed therapist, and each individual therapist or masseuse working in the booth must have his/her own separate City of Palm Springs business license. All licenses must be posted inside the booth at all times. I. POLITICAL VENDORS A limited number of spaces shall be available for political organizations. An applicant will be given space at VillageFest on a first-come, first-serve basis and all booth fees must be paid in advance. Participation shall not be based upon the background, affiliation, position, or qualifications of a group/individual, or the content of the messages conveyed. J. CORPORATE SPONSORSHIP A business that does not meet the criteria under any category guidelines may participate in VillageFest by becoming a VillageFest Corporate Sponsor. Examples of potential sponsors include radio stations, newspapers, etc. As a sponsor no direct sales shall be allowed during VillageFest. Interested applicants shall contact the VillageFest Coordinator for more information regarding sponsorship packages. K. ATTRACTION VENDOR Any bona fide cultural, entertainment, or sporting venue located in the Coachella Valley is allowed to participate in VillageFest. Preference of VillageFest location will be given to attractions located in the city of Palm Springs. Interested applicants shall contact the VillageFest Coordinator for more information. L. COMMERCIAL VENDOR A business that does not meet the proper criteria under any aforementioned category guidelines may participate in VillageFest by becoming a Commercial Vendor. Examples of potential commercial vendors shall include real estate firms, timeshare companies, and other Coachella Valley businesses. No direct sales shall be allowed during VillageFest by these businesses. www.villagefest.org Interested applicants shall contact the VillageFest Staff for more information regarding vendor packages. M. COLLECTABLES VENDOR The definition for VillageFest purposes of a collectable is an item that is worth far more than it appears because of its rarity and/or demand. Common categories of collectibles include antiques, toys, coins, comic books, and stamps. N. ANTIQUES VENDOR The definition for VillageFest purposes of an antique is any work of art, piece of furniture, decorative object, or the like, created or produced in a former period, or, according to U.S. customs laws, 50 years or more before date of purchase. O. MID-CENTURY MODERN VENDOR The definition for VillageFest purposes of Mid-Century Modern is defined as any architectural, interior,product, or graphic design that generally describes mid-20th century developments in modem design, architecture, and urban development from roughly 1933 to 1965. P. VINTAGE VENDOR For VillageFest purposes any products sold under this category are to be 50 years old or older. Q. COMMERICAL MERHCANT CATEGORY (excluding Retail Merchants) A business that does not meet the proper criteria under category guidelines may become involved with VillageFest by becoming a Downtown Service Vendor. However, no direct sales shall be allowed during VillageFest. Examples of potential downtown services vendor shall include, real estate firms, timeshares companies and other business in located in the BID district. www.villagefest.org i F