HomeMy WebLinkAbout1/18/2017 - STAFF REPORTS - 1.M. { �VALM$a
iy
a
V N
�• °°•�•n °4 CITY COUNCIL STAFF REPORT
C4<IFOR NIP*
DATE: January 18, 2017 CONSENT CALENDAR
SUBJECT: VILLAGEFEST RULES AND REGULATIONS
FROM: David H. Ready, City Manager
BY: Department of Parks and Recreation
SUMMARY
The VillageFest Board has been working on several revisions to the VillageFest Rules
and Regulations. This action would approve the revised VillageFest Rules and
Regulations to be effective February 1, 2017.
RECOMMENDATION:
1. Adopt Resolutions No. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE REVISED
VILLAGEFEST RULES AND REGULATIONS TO BE EFFECTIVE FEBRUARY
1, 2017.
STAFF ANALYSIS:
The VillageFest Board has diligently worked on the revisions of the rules and
regulations. The Board unanimously voted (4-0) to recommend that City Council
approve the revised VillageFest Rules and Regulations.
Many of the recommended changes are minor. The proposed rules and regulations
were reviewed and approved by the City Attorney. The major changes that would affect
vendor participation are:
CURRENT PROPOSED JUSTIFICATION
Rule V, B: Rule IV, F: Establishment of a standby
Standby Vendor shall be Standby Vendors are allotted process for weekly vendor
allocated space when current spaces when current vendors participation.
vendor will not be participating will not be participating on any
on any given evening. A given Thursday evening. A
Standby Vendor shall contact Standby Vendor shall contact
VillageFest Coordinator no VillageFest office no later than
later than 24-hours before a the Monday of the week in
VillageFest event to ascertain which they wish to participate.
if any space is available for ITEM NO. 5•
the following Thursday.
�O*F A LM sA4
.y
c+
V N
ro.• � �t CITY COUNCIL STAFF REPORT
C44lFOIt
DATE: January 18, 2017 CONSENT CALENDAR
SUBJECT: VILLAGEFEST RULES AND REGULATIONS
FROM: David H. Ready, City Manager
BY: Department of Parks and Recreation
SUMMARY
The VillageFest Board has been working on several revisions to the VillageFest Rules
and Regulations. This action would approve the revised VillageFest Rules and
Regulations to be effective February 1, 2017.
RECOMMENDATION:
1. Adopt Resolutions No. "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE REVISED
VILLAGEFEST RULES AND REGULATIONS TO BE EFFECTIVE FEBRUARY
1, 2017.
STAFF ANALYSIS:
The VillageFest Board has diligently worked on the revisions of the rules and
regulations. The Board unanimously voted (4-0) to recommend that City Council
approve the revised VillageFest Rules and Regulations.
Many of the recommended changes are minor. The proposed rules and regulations
were reviewed and approved by the City Attorney. The major changes that would affect
vendor participation are:
CURRENT PROPOSED JUSTIFICATION
Rule V. B: Rule IV, F: Establishment of a standby
Standby Vendor shall be Standby Vendors are allotted process for weekly vendor
allocated space when current spaces when current vendors participation.
vendor will not be participating will not be participating on any
on any given evening. A given Thursday evening. A
Standby Vendor shall contact Standby Vendor shall contact
VillageFest Coordinator no VillageFest office no later than
later than 24-hours before a the Monday of the week in
VillageFest event to ascertain which they wish to participate.
if any space is available for
the followingThursday. ITEM N0. 1
City Council Staff Report
January 18, 2017—Page 2
VillageFest Rules and Regulations
CURRENT PROPOSED JUSTIFICATION
Rule V, N: Rule IV, S: To allow for more visibility to
Dimensions of the space Dimensions of the space the merchants store fronts.
allocated to each vendor are allocated to each vendor are
16' wide and 12' from the 12' wide and 12' from the
curb. curb. Booth height 12'
maximum.
No Current Rule in Place Rule IV, Y: To prevent issues during
A weighted canopy is windy weather at the event.
recommended for use by all
vendors. Nails or anchors
cannot be driven into the
pavement, structure or trees.
A canopy without a top is not
allowed to be erected without
approval from VillageFest
staff.
No Current Category Rule XI, O: New Category
Commercial Merchant
Category (excluding Retail
Merchant). 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 service
vendor shall include, real
estate firms, timeshare
companies and other
businesses located in the BID
district.
Rule I. E: Rule XI, D: Clarification of the nonprofit
1. Approximately 6% of 1. Applicants shall be organizations responsibilities
spaces shall be available for assigned space at the event at VillageFest.
religious and nonprofit on a first-come, first-served
organizations. basis and allowed to have that
2. Organizations raising funds space on a rotational basis.
during the event must have a 2. Nonprofits must provide
current nonprofit [501 (c)] proof of their current nonprofit
status. Verification must be [501 (c)] status including
provided at the time of nonprofit number. Verification
application. must be provided at time of
applications.
02
City Council Staff Report
January 18, 2017 -Page 3
VillageFest Rules and Regulations
CURRENT PROPOSED JUSTIFICATION
3. All monies generated by 3. Nonprofits may pass out
sales or solicitations, informational materials
excluding direct material promoting the nonprofit.
costs, must benefit the 4. Nonprofits may accept
nonprofit group. A full donations on site.
accounting of the nonprofit 5. Nonprofits may NOT sell
group's activities shall be any product at VillageFest.
provided to the VillageFest 6. Nonprofits must obtain a
Coordinator on a yearly basis Department of Justice letter
by June 30. for any raffles conducted at
4. Giving away merchandise VillageFest.
or food items comparable to 7. Nonprofits may sell event
those that have been tickets for fundraising events
approved for sale by other benefitting the nonprofit.
VillageFest vendors shall not 8. Nonprofits may provide
be allowed. guests with approved logoed
5. No loudspeaker or public items at VillageFest not to
address system shall be used exceed $10 in value.
by vendors during VillageFest. 9. City sponsored
Vendors shall not harass, departments or organizations
follow or intimidate downtown are exempt from nonprofit
visitors. regulations as approved by
6.Nonprofit organizations VillageFest Board, i.e. Palm
raising money through Springs Police Association,
donations, except community ONEPS.
services organizations,
described in Section I.E.7
below, are governed by and
shall adhere to all ViilageFest
Rules and Regulations as if
such organizations were
general VillageFest vendors,
although they are entitled to a
reduced space rental as
provided by resolution of the
City Council.
7. Nonprofit organizations that
service the community of
Palm Springs by returning any
collected monies to
nonreligious organizations
and causes that
predominately benefit the City
of Palm Springs shall be
entitled to sell items for such
purposes, unless otherwise
prohibited by City Council.
03
City Council Staff Report
January 18. 2017—Page 4
VillageFest Rules and Regulations
The recommended revisions to the rules and regulations will allow staff and the
VillageFest Board to better respond to the current needs of VillageFest, thus staying
competitive with other local markets, maintaining a high quality event, and fostering an
event that benefits the City, downtown businesses, and the community as a whole.
FISCAL IMPACT:
No fiscal impact.
4�� -
K
Vicki Oltean Marcus Fuller, MPA, PE, PLS
Director of Parks & Recreation Assistant City Manager/City Engineer
J
David H. Ready, Esq. .
City Manager
Attachment:
1. VillageFest Rules and Regulations
04
Welcome to
ail zMe
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.
January 9, 2017
VILLAGEFEST BOARD MEMBERS:
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
FannersMarket .............................................................................................. 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 06
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 07
V4
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.Waits(2palmsprings-ca.gov
E-Mail: Faith.Roche(apalmspringsea.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. Pasco Dorotea
Palm Springs, CA 92264
Telephone: (760) 320-1048
Palm Springs Fire Department: 300 N. El Cielo Road
Palm Springs CA 92262
Telephone: (760) 323-8181
www.villagefest.org 00
ae�
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 09
g,� ,4 W e
• 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.
II. 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
C. VillageFest Staff at its discretion, or under the direction of the Board, may require the applicant
to appear before the VillageFest Board.
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 to
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 govern 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 1
.oeA 7�
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
2
www.villagefest.org
a4� 7�
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 13
v,� xm
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.
1. 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 14
U06WG 7W4
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 % 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.
15
www.villagefest.org
94 7,,Me
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(S25) 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-1 OBC
Type) and receive the approval of Palm Springs Fire Department.
16
www.villagefest.org
awl
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 17
VA ` Me
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.
9
www.villagefest.org
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.
5. Nonprofits may NOT sell any product at VillageFest.
L9
www.villagefest.org
9.4G�7Wt
6. Nonprofits must obtain Department of Justice letter for any raffles conducted at
VillageFest.
7. Nonprofits may sell event tickets for fundraising events benefiting the nonprofit.
8. Nonprofits may provide guests with approved logoed items at VillageFest not to exceed
$10 (ten dollars) in value.
9. 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.
20
www.villagefest.org
6. No food preparation producing smoke may take place unless approved by the VillageFest
Board.
10. 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. 21
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 Modem is defined as any arcbitectural,
interior, product, or graphic design that generally describes mid-20th century developments in
modern 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.
zz
www.villagefest.org
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING THE REVISED
VILLAGEFEST RULES AND REGULATIONS TO BE
EFFECTIVE FEBRUARY 1 , 2017.
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, is hereby adopted to be effective February 1,
2017.
SECTION 2. All previous Resolutions and Minute Orders adopting or amending
VillageFest Rules and Regulations are hereby suspended.
ADOPTED THIS 18TH DAY OF JANUARY, 2017.
David H. Ready, City Manager
ATTEST:
Kathleen D. Hart
Interim City Clerk
23
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Resolution No. 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 January
18, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen D. Hart, MMC
Interim City Clerk
24