The OAKLAND COUNTY MARKET is herein defined to be a county-owned and regulated Market place, together with buildings thereon, designed for the sale of farm produce, greenhouse products, and homemade Handi-Craft type products. Oakland County will furnish the necessary area and utilities to meet the requirements of all State, County or local laws or regulations with regard to a Farmers Market operation. Such utilities consist of heat, lights, water, electricity, and ventilation as required by said laws and regulations.
Section 2:
The word "PRODUCER" is herein defined to be any person or persons who are actually engaged in the business of producing/growing the farm/greenhouse products they sell at the Market. No one shall be permitted to sell any product grown by other parties because of a real or claimed interest in a business operated by someone else.
The word "HANDI-CRAFT" is herein defined as a product/item wherein considerable skill, time, and effort has been put forth to produce the finished product such as toys, jewelry, wearing apparel, dried flowers, etc. Any type of processed food item, (baked goods, candy, etc.) is considered and classified under the definition of "Handi-Craft."
The Market Master is Oakland County's duly appointed agent and is responsible for all activities at the Market.
Manages Market involving setting days and hours of operation.
Rents stall spaces to Producers/Non-Producers
Collects and records rental fees from all Producers/Non-producers
Inspects stalls after closing to ensure that Producers/non-producers have left area in a neat, clean, and orderly condition.
Directs the arrangement of all vehicles on the Market premises or grounds, and persons in charge of such vehicles shall conform to the directions so given.
Maintains order in the Market and may recommend that Producers/Non-Producers be denied the privilege of selling at Market whose conduct is not in accordance with Oakland County's Market Policies and Rules and Regulations.
Informs Producers/Non-Producers on any violations of the rules and regulations.
Performs all related duties to maintain and operate an efficient Market in the best interests of the County of Oakland, all Producers/Non-Producers, and the general public.
No person on the Market shall refuse to comply with the direction of, or interfere with the rules set by the Market Master or duly appointed agent in carrying out the provisions of these Rules and Regulations.
It is the responsibility of each Producer/non-producer to obtain and furnish to the Market Master a current, valid copy of any and all licenses and permits necessary for their operation per local health laws, the Department of Agriculture, and any other government regulatory agency.
For example:
State sales tax license
Food processing license
Plant growers' license
Nursery dealers license
Apiary license
Certificate of co-partnership
Certificate of persons conducting business an assumed name
All other licenses/permits that may be required by law
All Producers/Non-Producers who sell produce products which are governed by the Oakland County Health Department and the Michigan Department of Agriculture must comply with all the Rules and Regulations as defined and governed by these two health agencies.
Any Producer/Non-Producer who fails to submit the required licenses/permits or who is not in compliance with all Rules and Regulations of said licenses/permits will be denied selling privileges at the Market.
Any produce offered for sale in closed packages or sealed containers shall bear an approved label stating Producer's name and address, name of product, ingredients, and net weight or measure. All labeling of any packages or containers must comply with the State of Michigan, Department of Agriculture, Food Division.
Every Producer/Non-Producers is required to submit to the Market Master on a yearly basis a signed County application of his/her planned operation. Changes in plans or seasonal use of Market stall(s) by the Producers/Non-Producers must be promptly reported to the Market Master before changes in sales of produce/products are permitted.
All annual Producers/Non-Producers must sign and have on file a yearly lease covering lease of their stall(s) from May 1 through April 30 of the following year (copy to Annual Lessee.)
Any Producer/Non-Producer who fails to submit an application of operation and/or yearly lease agreement will be denied selling privileges at the Market.
Producer/Non-Producers shall not be permitted to cause litter to accumulate on the premises, or create unsanitary conditions by leaving fruit or vegetable refuse or other garbage on the premises. Broken crates, boxes, baskets, or other containers, paper, or any other rubbish must be broken down/removed from the stall area and taken to an outside area dumpster designated by the Market Master. No Producer/Non-Producer shall leave the premises until the space occupied by him/her has been swept clean and placed in proper order. All Producers/Non-Producers are responsible to clean up any oil, grease, anti-freeze, etc. leaking from their vehicle.
All annual and daily stalls are not to be used for storage purposes. Only with the permission of the Market Master may any produce, merchandise, etc. be left in Market during non-Market days.
All Producers/Non-Producers are required to keep their merchandise within their allotted stall area including merchandise awaiting customer pick-up.
Producers/Non-Producers shall not be permitted to display any type of produce/merchandise in aisle ways.
Produce/merchandise must be displayed in a safe and neat manner at all times. Displays are to be designed so as not to block the view of nearby stalls of customers walking in the Market as determined by the Market Master.
Any Producer/Non-producer wishing to make any type of modification to his/her stall must submit in writing their plans to the Market Master for modification. Approval must be received by Market Master before any changes are made.
All fire extinguishers located in front of Market stalls and throughout building must be visible and accessible at all times.
Any electrical extension cord used must be of an approved type as determined by the Fire Marshal.
During regular Market hours any additional produce/merchandise brought in/out or Market by a Producer/non-producer must be hand carried or transported on small hand carts in a safe manner as directed by Market Master. For safety reasons no small children are allowed to transport any produce or merchandise.
Producers/Non-Producers must have their stalls completely set up and ready for the opening of the Market.
Producers/Non-Producers are not expected to vacate the Market before the official closing time, unless sold out, without the expressed permission of the Market Master.
After the closing of the Market, all Producers/Non-Producers must vacate the Market within a reasonable length of time not to exceed two (2) hours.
Section 5: Payment of Annual and Daily Stall Rental
All current annual and daily stall rental rates will be posted in the Market and a copy given to each Producer/Non-Producer, if requested.
One-third (1/3) of annual payment is due the 1st of May each year, an additional one-third of payment is due by July 31 of the rental year, and the final one-third of the payment is due by September 1 of the rental year. Any installment that is late makes the entire balance of the payment due and payable within fifteen (15) days, the renter relinquishes his/her rights to the stall and Market privileges. Any person who seeks to evade or refuses to make payment of the proper Market fees when called upon to do so shall relinquish his/her stall and Market privileges.
In addition to the regular Market stall rental rate, an additional fee may be charged to the use of any unusual, large, multi-lighting fixture, or electrical appliance. (No electric heaters are permitted.)
No person renting a stall at the Market by the year, season, or daily, shall sell sublet or assign such space or any privileges pertaining thereto. Exchange of stalls for convenience of Producers/Non-Producers may be made, however, with the approval of the Market Master .
If a Producer/Non-Producer is willing to share space with another Producer/Non-Producer who would otherwise be deprived of the privilege to sell because of lack of space, he/she shall be permitted to do so with the approval of the Market Master provided the person occupying the partial stall pays full rent for the day.
Arrangements made between Producers/Non-Producers to share a stall is not permitted except as provided in Paragraph E.
Determination of use/rent of any daily stalls, lawn areas, and vacant annual stalls will be at the direction of the Market Master , taking into consideration the needs of both annual and daily renters.
Payment of the annual daily rental fees gives the Producer/Non-Producer both space and selling privileges on designated Market days, together with furnished display tables/ saw horses. All Producers/non-producers shall use display tables/saw horses and rental space as directed by the Market Master. With the permission of the Market Master , additional approved display tables/saw horses may be brought in for use.
Outside space directly behind interior Market stalls may be used for Produce/Non-Producer parking. Vehicles must be backed in close to the building and not extend into driveway (no semi or unusually large trucks allowed.) If parking space is used for display/selling purposes, vehicle must be removed from Market grounds so as not to infringe upon customer parking.
Outside Canopy Stalls -- vehicles must be backed in close to display table and not extend into parking aisle/driveway. If parking space allotted each stall (one) is used for display/selling purposes, vehicle must be removed from Market grounds so as not to infringe upon customer parking, or park between canopy and bumper curbing so as not to interfere with other Producers.
Lawn area parking will be at the direction of the Market Master.
There will be a maximum limit of two (2) stalls rented per Producer/Non Producer on an annual basis. Except as defined in section 5-J.
Incumbent annual lease holders, as of April 13, 1978, shall be exempt of Rule 5-I except that incumbent lease holders shall not be allotted additional stall space if presently leasing two or more stalls.
Stalls are reserved for annual renters until one (one) hour before official Market opening. If annual stall renter fails to appear to occupy his/her stall or fails to notify Market Master within one (1) hour prior to official opening of the Market, the stall(s) may be rented to another Producer/Non-Producer at the discretion of the Market Master. This rule will also apply to a daily renter if he/she had made prior arrangements with Market Master to occupy a stall.
Persons selling any products designated under "Handi-Craft" definition shall be allowed selling privileges only if space is available after all Producers have been served.
In the event that an annual lessee leaves the Market, the stall or stalls may be put up for bid at the discretion of Oakland County subject to Bid Rules/Regulation published at time/date of bid announcement.
Any person engaged in the business of buying and selling farm produce will not be permitted to sell produce other than produce which is grown by that person. At the discretion of the Market Master, during the months of November through April a Producer may be allowed to buy off-season produce to sell on the Market as ling as the produce does not conflict with a Producer that has produce year-round such as fruit, greenhouse product, eggs, etc. All off-season produce must first be approved by the Market Master before being brought on the Market for sale.
Market days and hours or operation shall conform with the printed Market Schedules. The time of opening and closing may be changed or regulated by he Chief of Market Operations through the request of the Market Master as conditions may warrant for Market improvement. Special Market days may be held to accommodate shoppers for special holidays or as other conditions may warrant, through the approval of the Chief of Market Operations by request of the Market Master.
Any Producer/Non-producer wishing to advertise shall do so at his/her own expense. Neither the County of Oakland, nor any Market Master, employee, agent, or representative of the County of Oakland shall be responsible for the cost of advertising incurred by any Market Producers/Non-Producers, and any group of Market Producers/Non-Producers. Any advertisement using Market name and/or address must be approved by the Market Master prior to advertising in the paper, etc.
No person shall be allowed to use anything of a nature that could be considered injurious to one's health or the environment on the Market premises.
No person shall beg, loiter, solicit, sell, or attempt to sell, display, or demonstrate any goods, merchandise, real estate, or animals, nor place any poster, advertisement, or billboard on the Market premises without the prior approval of the Market Master.
The use of radios and television sets are not permitted on Market premises without the permission and direction of the Market Master.
Attempts to establish abnormal or artificial prices by unfair or irregular means shall be prohibited.
State health laws prohibit any pets or live animals in the Market with the exception of seeing-eye dogs for the blind.
Absolutely no consumption of or sale of alcoholic beverages is permitted in the Market building and/or County property.
Written or verbal complaints brought to the attention of the Market Master by any Producer/Non-Producer's customer after a Producer/Non-Producer cannot come to a satisfactory decision with the custom will be settled by the Market Master if possible.
Oakland County is not liable for the theft or damage of any Market items during or after Market hours. Market items allowed to be stored in the Market building will be done so at the risk of the Producer/Non-Producer only.
Oakland County assumes no responsibility and is not liable for any damages or injuries which may occur within an individual stall area.
Section 10: Causes for Denial of Selling Privileges
Any person who seeks to evade, or refuses to make payment of, the proper Market rental fees/charges when called upon to do so shall be denied the privilege of selling at the Market.
Use of abusive language (profane, racial, ethnic, etc.) will not be tolerated on the Market premises and may be cause to be denied the privilege of selling at the Market.
Conduct on the Market which demonstrates a deliberate attempt to cause poor morale or disrespect among Producers/Non-Producers or the public by any actions or attitude on the Market will not be tolerated and may be cause to be denied the privilege of selling at the Market.
Verified written complaints against any Producer/Non-Producer showing reasonably conclusive evidence that such Producer/Non-Producer has practiced deception by displaying or selling produce/merchandise so packaged as to misrepresent the quality or condition of produce/merchandise, or by giving false information regarding the origin, variety, quality, condition, or value of produce/merchandise, or by similar deceptive practices shall, in addition to any other penalties which may be inflicted, be cause for the Market Master to bar such person from the privileges and grounds of the Market for such period of time as may be advisable and fair.
No person so barred from Market privilages shall be allowed to sell his/her produce/product, or any part thereof, through or in the name of, any other Producer on the Market
Any person so barred from Market privileges shall be granted a hearing by the County Executive or his designated representative, upon written request, submitted within fourteen days after notice of being so barred. Requests for such a hearing shall be addressed to the County Executive, County of Oakland, 1200 North Telegraph, Pontiac, Michigan 48341.
Violation of known and established Market Rules and Regulations may be deemed cause to be denied the privileges of selling at the Market.
Any Producer/Non-Producer or other persons refusing to comply with the rules governing the operation of the Oakland County Farmers Market, or interferes with the Market Master in carrying out the provisions of these rules can be removed from the Market.
