Rules & Regulations

San Bernardino

Farmers Fair & Market Night

Purpose and Mission

     The San Bernardino Farmers Faire and Market Night is operated by Patrons of the Roosevelt Bowl, a 501(c) 3 non-profit public benefit corporation. The purpose of Market Night is to promote and fundraise for the benefit and curation of the Roosevelt Bowl, a city owned outdoor amphitheater at Perris Hill Park in San Bernardino.

     It is the official Farmers Faire and Market Night of the City of San Bernardino under the administration of the Patrons of the Bowl, with support services provided by the City of San Bernardino, and in concert with the Parks and Recreation Department of the City of San Bernardino.

 The Mission of this event is designed to:

Create a positive image for the City of San Bernardino, and Roosevelt Bowl, and provide

      a funding resource for the renovation as well as to promote education and    

      entertainment programs within the bowl.

• Expose community members and visitors to the many services and businesses offered at  

      the Park and along Highland Ave.

• Promote the Roosevelt Bowl as a center of culture, social, and civic activity;

• Provide local growers with an opportunity to sell their produce, and make fresh produce and vegetables available to the consumer in the San Bernardino region.

• Enhance the community as a whole.

It is the goal of the Patrons to enhance activity that provides a wholesome Community atmosphere.

The activities should appeal to all ages, and provide interests that reach all aspects of the marketplace.

San Bernardino Farmers Faire and Market Night

Cheryl Margolis, Market Manager

www.patronsofthebowl.org

Mailing Address

PO Box 9605

San Bernardino, CA 92427

Phone    (909) 844-7731                                     Fax (909) 887-8452

HOW TO APPLY

The Patrons of the Bowl have full discretion concerning the use of the Park and the Bowl on Tuesday Evenings from 6:00 – 9:30 PM.

To participate in Market Night:

1. An application must be received approximately one week prior to the desired date. The Market Night Manager, and Review Committee retain the

right to review the application and determine if the vendor and the merchandise meet the standards and criteria of the City of San Bernardino and Patrons of the Roosevelt Bowl.

2. Merchandise for sale must be viewed by market staff, and the review committee before the applicant is accepted into the market. Applicants may send pictures with their application or make an appointment to meet with staff.

  Applicants will be notified if their application is approved.

  ·         NOTE: Vendors wishing to sell items not listed on their applications, or make any changes to their market activity must submit a Approval of Changes (A.O.C) form. This also must be verified with the Market Manager and Review Committee prior to the opening of the Market. Variations and additions must remain within the vendor category. Merchandise, offerings, and services may not change from the original application by more than twenty per cent before a new application is required. This will be strictly enforced as to protect all vendors.

3. The San Bernardino Farmers Fair and Market Night operates under the standards of the United States Department of Agriculture as a Certified Farmers Market. All Farmers must meet these standards. Questions regarding these standards may be directed towards the Market Night Manager.

  4. All merchandise must be either hand crafted or new. No used merchandise shall be allowed for resale during the Market Night. No exceptions.

 

 

5. Merchandise displayed must not be associated with any illegal consumption of controlled substances implied or direct. Any violation of this rule may result in the immediate termination of any and all contracts implied or written with no refunds. In this instance the vendor shall hold harmless Patrons, its representatives or associates.

 
6. Vendors shall not promote any materials or merchandise that may be affiliated with gang activity, and shall be asked to immediately remove any material that is found to be associated with such activity. All polices stated above in item #5 also apply  and the vendor acknowledges acceptance of these terms.

 

7. All vendors must maintain all permits required in a current status. It is the responsibility of the vendor to understand and know what permits are required. The Market Manager and Staff will be happy to provide information and limited assistance to aid in these matters.

ACTIVITY CLASSIFICATION

        The Market Night Manager, and Review Committee reserve the right to limit participation in any classification in order to achieve their goal of  a quality event, and maintain a balanced market

The following classifications apply;

I.

 Direct Sales: All Direct sales of new merchandise may be conducted by the Patrons, non-profit organizations or any authorized vendor upon the approval of the review committee. No used items may be sold. No exceptions. All Direct Sales Vendors must maintain the proper licenses, permits etc.  Sales must be limited to those items specified on the application. Patrons members have priority participation in the market.

II.

Fundraising by and for Nonprofit Organizations: Organizations wishing to raise funds during Market Night shall have a not-for-profit status. Verification of identification number is required and shall be provided upon submission of the application. In addition, all monies generated by sales or solicitations, excluding direct material costs, shall go to the nonprofit group. The Market Committee may request full accounting. Prepared food sales must be approved, and all health permits and standards must be achieved and maintained.

III.

Distribution of Information: All groups or individuals wishing to disseminate information, pass petitions, or promote political, religious, or personal beliefs are asked to submit a signed application. These groups are also responsible for picking up any litter generated by the distribution of hand-outs. Bull horns, loudspeakers, and other means of sound amplification shall not be used without written permission by the committee. Participants may not harass, follow, or intimidate Park visitors. There shall be no posting of handbills on trees, buildings, or vehicles.

IV.

Prepared Food Concessions: Entrée items. Vendors wishing to sell food items shall contact the San Bernardino Department of Environmental Health Services at the time of application

                                             Phone (909) 884-4056

385 North Arrowhead Ave

San Bernardino, Ca 92404

  Food vendors shall submit copies of appropriate Health Department permits upon approval of their application. It is the responsibility of individual food vendors to learn, and adhere to, all Health Department regulations and standards.

Food vendors shall place a minimum of one trash receptacle outside their booth for customer use. In addition, food vendors shall place a drop cloth on the ground within the booth area and in any other cooking area where food or grease may leave residue.

  Food vendors must remove and take all grease, food remnants, and trash from their booth and the market upon dismantling. Leaving trash next to existing trash receptacles is not permitted.  Violating vendors may be required to leave a cleaning deposit before returning.

IV(a).

Snack Food Concessions: Those vendors involved in the sales of food that do not involve on site preparation. These items shall be pre-packaged, and shall not involve on site food handling. Any and all rules listed for prepared food items apply. This category includes Candy, nuts, popcorn, sno-cones, etc..No entrée items may be sold.

V.

Artists and Crafters: All items and crafts shall be handmade by the crafter. They shall be original or licensed and may not violate any copyright laws, rules or regulations.

                                                                                      VI

Farmers: The sale of fresh fruits, vegetables, plants, and flowers. All farmers are required to meet the standards of the USDA and a Certified Farmers Market. No items not grown by the farmer may be sold for resale. All farmers are required to have the necessary health permits etc before entering the market.

  VII

Entertainers: All entertainers and performers must receive the approval of the Patrons before exhibiting their crafts and talents. Any entertainer not invited by the Patrons or the Market Manager will not be paid. Entertainers must not endanger the participants or patrons of the market night in any of their acts or material. All entertainment must be suitable for all ages, and may not include any lewd dancing or any other non-appropriate actions or language as so deemed by the Market Manger, Staff, or Executive Board of the Patrons of the Roosevelt Bowl.

Application fees etc., may be waived at the Market Night Managers desecration in exchange for performances. Some entertainers may be paid or reimbursed for their performances.

 

PERMITS AND DOCUMENTATION

Participants shall comply with all city, county and state permit requirements. It is the responsibility of the vendor to be aware of all permit requirements and, upon approval, pay any fees associated with the issuance of these permits. The following permits shall be on premises during Market Night:

• City of San Bernardino Annual Business License tax receipts ($24.00). The Patrons has been allowed to assist you in this process, and can accept fees and applications on your behalf, and will file this for you. Money orders only. They should be made out to the San Bernardino City Clerk. If you wish, you can also file at the City Clerks office, located on the 2nd Floor of SB City Hall.

• San Bernardino County health permit (for food vendors only) (909) 884-4056

• State Board of Equalization permit naming 1001 East Highland, San Bernardino as the business sub-location. State Board of Equalization (909) 680-6400.   www.Boe.ca.gov

POSTING PERMITS AND DOCUMENTATION

Every person having a license under the provisions of participating in Market Night shall keep it on display at a conspicuous part of said business.

FEES

Base fees have been established to mitigate some of the costs associated with operating the market. Fees are based on a per night basis, and include the vendors’ share of the following expenses: staffing, street cleaning and sweeping; trash pick-up; toilet facilities; security; and advertising.

           $24.00 Annual. City of San Bernardino Business License and Registration fee. (SB Farmers Fair and Market Night Vendors only)

I.      $35.00      Regular vendor  12 x 12 space

II.      $20.00     Non-Profit Organizations - limited to one 6 foot table (one free space quarterly or one free space with three weeks paid)

III.     $25.00     Information Table-limited to one 6 foot table.

IV.     $40.00     Prepared Food Vendors   12 x 12  space with 5 amps power

IVa.  $40.00     Snack Food Vendors       12 x 12 space with (1) 110 watt power receptacle.

V.      $35.00     Artists & Crafters    12 x 12 space  with (1) 110 watt power receptacle

VI.     (Farmers) 8% of gross sales/wt by law 14 x 14 with (1) 110 watt power receptacle

VII.     TBD       Entertainers. See market Manager.

  10% OFF with advance payment of 4 consecutive weeks. No cancellations permitted;

20% OFF with advance payment of 12 consecutive weeks. One cancellation permitted;

  All fees must be paid by 5:00 p.m. on the Thursday prior to Tuesdays participation. If payment is not received by this time, a $10.00 late fee will be charged. In the event that a waiting list has been established & payment is not made, vendors shall lose their current space assignments, and shall be placed at the bottom of the list. The Market Committee recognizes the fact that situations may arise which prevent participation. Vendors should inform Market staff 24 hours in advance if they are unable to attend the market. Credit and space can only be held for one week. Failure to provide staff with 24 hour notice shall result in the loss of any fees paid.

 

Vendors may pay money order, or checks made payable to Patrons of the Bowl. There is a $20.00 charge for all returned checks. Please do not send money with the application. THERE ARE NO CASH REFUNDS! Refunds will be paid within thirty (30) days.

Rain Policy

The Market Rain Policy will be determined by the forecasts on the Weather Channel’s website, www.weather.com.

Should the forecast predict a 60% chance of rain at noon or later, Market Night will be cancelled for the evening. Farmers and vendors can look up the site

themselves to find out if the market will be open by accessing the website at www.weather.com, entering 92373 in the zip code field, and then clicking on the “Hour by Hour Forecast”. Market Night participants can also call the office at 909-886-7288.

Should the weather defy the forecast, the Market Night staff will proceed with the following guidelines: 1) the deadline to cancel the market will be 2 p.m., only if it is raining at 2 p.m. or if the streets are wet at that time; 2) when the market is canceled, a message will be

put on the Market Night Recorded Information Line. If the market has been canceled before 7:30 p.m. all vendors will be given a credit for the following week. If staff cancels the market at

7:30 p.m. (or after) no credit will be given.

  SPACE ALLOCATION

Space numbers are marked in chalk along the curb and are located in the center of the space with numbers on the electrical outlets. Standard space size is 12’ x 12’. Participants must stay within their assigned spaces. The vendor shall set up no less than five feet form the curb. The center of the street must remain clear at all times. Vendors may not block any fire roads, and will be towed in violation.  Boxes and storage items will not be allowed in the view of the public. Vendors must present an attractive display including the use of table drapes, using the same color and material. Drapes must be hemmed and long enough to cover any items stored underneath. Spaces are assigned on a first come, first serve basis. The Market Committee shall review all space assignments on a regular basis.

The Market Committee reserves the right to relocate vendors and/or reassign spaces at its discretion. Activities no longer deemed appropriate, or that do not coincide with Market Night goals shall be discontinued. you may choose to have a smaller table along with a sign or easel (not measuring more than 6 ft.). Home made or self made structures, hand written signs canopies, etc. are not permitted. During peak season non-profit groups will be rotated in and out of the market on a monthly basis.

STREET CLOSURE, SET UP AND DISMANTLING

Vendors ARE NOT ALLOWED to park on the inside street other than to load and unload before and after the market is closed. (no exceptions),

A Market Night advisement/ warning will be given to anyone violating this rule. Barricades are set up between 4:30-6 p.m. Vendors may begin setting up at 4:30 PM, and no later than 5:45 pm. No sales may be begin prior to 6:00 pm. Vehicles parked on the park drive have until 5:30 p.m. to vacate the premises. At 4:30 p.m. vendors may unload at the curbside even if their assigned space is unavailable. At no time are vendors to block the street preventing a constant flow of traffic. Vendors will always give right-of -way to vehicles parked on the Street, trying to vacate a parking space. At no time will a vendor be allowed to bring more than one vehicle on the street at a time. After unloading and before setting up, the vehicles must be removed from the street. Vendors may not block parking spaces or sidewalks prior to the 4:30 PM set up time under any circumstances. Vendors may not park in any space posted reserved or handicapped. Vendors/farmers may not park anywhere but on improved surfaces, and may never park  on any park lawns. All vehicles must be off the street by 5:50 p.m. 

PARKING RULES AND REGULATIONS WILL BE STRICTLY ENFORCED!!

Vendors arriving late (after 5:45 p.m.) are not guaranteed access to their space, and may forfeit any payments made if it is not practical or safe to allow set up.

Activities conclude at 9:00 p.m. (9:30 p.m. from June – September). Booths shall be dismantled and merchandise shall be packed prior to bringing vehicles onto the street. During dismantling, vehicles are allowed on the street for loading only. Barricades are removed

approximately one half hour after market activities conclude. Blocking the street is not allowed at any time during Market Night. Vendors must be completely packed up by the time the park closes at 10:00 PM. No driving on Park lawns or grass will be permitted at anytime. No exceptions.

FIRE LANES

Fire lanes must be maintained during set up, operation and dismantling. Vehicles must be able to proceed down the center of the street at all times. Only “people” events shall be permitted in the fire lanes. No tables, risers or other equipment is allowed without express

written permission by the Fire Department and/or Market Committee. Participants shall be aware of code requirements and comply; offenders shall be cited.

ELECTRICAL REQUIREMENTS

Specific guidelines have been established for Market Night electrical facilities. Vendors are restricted to a maximum of 120 watts and food vendors are limited to 5 amps. Vendors may choose from one (1) of the following options:

One 96 inch fluorescent fixture or two 48 inch fluorescent fixtures;

One 100 watt incandescent light; two 60 watt incandescent lights; or three 40 watt incandescent lights;

Electronic Compact Fluorescent Bulbs.

Alternate energy efficient lighting subject to Market Committee approval.

EQUIPMENT REQUIREMENTS

The City of San Bernardino is under no obligation to provide power, water or any other equipment to participants. Power bars and extension cords shall be secured by vendors and conform to city requirements. An applicant needing specific services must make these needs known on the application.

GENERAL RULES

1. All applications must contain the name, address, phone number, seller permit number and signature of permit holder. The application shall also acknowledge the organization’s liability for damages.

2. The City of San Bernardino, or Patrons of the Roosevelt Bowl are not responsible for theft or damages to property belonging to persons participating in Market Night; nor does the Patrons of the Bowl assume any responsibility for items left unattended during Market Night activities.

3. No person participating in Market Night shall state, imply or otherwise suggest that the City of San Bernardino, or Patrons of the Roosevelt Bowl support the views or actions of their booth.

4. Participants in Market Night shall be appropriately dressed and conduct themselves with proper decorum.

5. Participants may not sell merchandise of adult nature, alcohol or drug paraphernalia. Neither may any merchandise be sold that may imply, suggest or support this type of activity.

Items may not be used.

6. No person shall deface or otherwise abuse city property or park facilities, plants or other facilities. Vendors are not permitted to set-up merchandise, booth materials, etc. on the grass, planters etc without expressed consent.

7. All participants shall reimburse the City of San Bernardino for any costs incurred relating directly to their activity. This includes damage to: landscaping, street fixtures, electrical outlets, store fronts, etc.

8. All participants shall keep their area clean during the activity, and leave the space and surrounding area clean afterward. Vendors are required to take all waste caused by or relating to their activity with them. If additional garbage collection, street sweeping or other

clean up is required, vendor fees will be increased to cover all cost.                     _________

9. Animals are not allowed on the street during Market Night, with the exception of aid animals.

10. Excessive noise from sound systems, musical performances and other audio equipment is prohibited. Vendors and entertainers using

audio equipment shall ensure that noise levels created by their activity do not interfere with the activities of other market participants. Any violations or complaints about the noise level will be grounds for suspension.

11. Where as, parties involved in the selling or transfer of items for sale during this event known as Market Night, under penalties of law, under the copyright codes set forth with the Department of Commerce, will not transfer or permit for resale, items that do not bear the registered trademark of trademarked items, without the written approval of the registering agency and its companies, for which items are protected under the trademark act. In the event that a vendor is caught selling illegal items, the Market Night staff, Committee, and the City of San Bernardino, nor Patrons of the Roosevelt Bowl shall be held responsible for the actions of the vendor. The vendor will be immediately suspended from the San Bernardino Farmers Faire and Market Night.

12. Vendors shall not interfere, verbally or physically, with the activities of other market participants. All questions and/or complaints should be directed to the Market Night Manager or Committee. The Committee shall respond appropriately.

13. Vendors are not allowed to sell “irregulars, seconds, buy-out or clearance” merchandise with out expressed consent of the Market Night Manager. All items must still be new.

14. Booth display requirements within vendors area must include: all tables be covered by table drapes; NO selling out of storage boxes, vehicles, or trailers; all storage boxes are to be covered by the table drapes; signs must be of professional quality (NOT hand written) and NO flashing, blinking or strobe lights may be used.

15. Highland Ave Business Association Members (HABA) may participate in Market Night under their current fixed business license, selling or promoting only those products or services relating to their downtown business, and provided they are current HABA members. Members will receive priority over new applicants providing they are already a participant. They must abide by the same cancellation policies as vendors. An application shall be completed indicating the dates requested.

16. All participants shall comply with all of the above rules. Noncompliance, including offensive conduct, may result in immediate revocation of Market Night privileges and forfeiture of fees. The Market Committee reserves the right to refuse participation to any applicant; they shall not discriminate on the basis of race, religion, creed, color, gender, sexual orientation, age or national origin according to the laws of the State of California.

17. Written warnings may be issued to any participant not complying with any rules and regulations of Market Night. If non-compliance continues after 2nd warning is issued (regardless of reason) participant shall be suspended from the Market as so determined by the committee.

18. Any Market Night participant that is denied access, reprimanded, or questions any decision made has recourse by submitting written request for consideration to the Market Night Committee.

The Executive Board of the Patrons of the Roosevelt Bowl have final jurisdiction over all Market Night activities and decisions.

19. Market Night rules are subject to change without notice.

 PRINT THIS APPLICATION AND....

Mail Applications to: San Bernardino Farmers Fair & Market Night

                                                  P. O. Box 9605

                                    San Bernardino, CA  92427

Fax Applications to: (909) 887-8452

E-mail Appliactions to: managerband1@yahoo.com

(Note that vendors would need to copy the Application Form and paste it in a WORD document where the vendor information would be entered, then save the document and email it to the above address as an “attachment.” DO NOT ATTEMPT TO SUBMIT THE APPLICATION ONLINE—THIS WILL NOT WORK)Call Cheryl Margolis, Market Manager, at (909) 844-7731 if you have any questions.

Cheryl Margolis, Market Manager

Phone:  (909) 886-7288                                      Fax (909) 886-7735

You may mail, fax or E-Mail your application. Faxed/E-Mailed applications will not be considered until fees are received. Applications received without proper documentation or fees will not be considered until the proper licenses and fees are received. All application acceptance and space allocation are based on

1)      Qualifications and licensing.

2)      First come first served basis.

3)      Space limitations depending on category.

All Applications must be received in the Market Office to process with fees and City Business License Registration by the Thursday prior to the Tuesday Market Night in which the vendor wants to participate. No applications will be taken beyond 5:00 PM on the Thursday for the following Tuesday Market Night. All applications must be reviewed by the Market Manager and Review Committee no exceptions. Applicants will be notified no later than the day prior to the event.

All initial fees must be paid by money order. Personal checks are acceptable after initial set up.  Office staff does not accept cash at any time under any circumstances.

Those vendors who submit applications in a full category will be placed on a waiting list. They may leave one nights space rental as a deposit.

 

CLICK HERE FOR APPLICATION 

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