COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS AND STATUTES

The acceptance and use of any selling space at The Market constitutes an agreement by any and all vendors, and persons helping or working with such vendors, to comply with all The Market Rules and Regulations and all city, state, and federal laws.

A. The Market 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 The Market Rules and Regulations.

B. The Market 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. All vendors must understand and comply with the collection and payment of any required sales and income taxes due.  You should consult with your accountant regarding any questions regarding your financial responsibilities.

E. Vendors must work professionally, cooperatively, and reasonably with both the customer and The Market Staff to resolve complaints. Vendors must also fully comply with The Market Rules and Regulations put in place.

F. The Market 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 The Market be cancelled due to holidays, rain, wind, or any other unforeseen circumstances.

G. Sales privileges and spaces cannot be sold, sublet, or transferred.

H. Power cords must be completely taped down to limit liability for the vendor, and to conform to Drive-In safety requirements. Additionally, power cords must take the shortest route from the receptacle to the booth to minimize tripping hazards.

I. Vendors are not guaranteed a specific booth location. The Market Coordinator has the authority to assign and reassign spaces. Any vendor requesting reassignment of booth space at The Market must notify The Market Staff. The Market Coordinator reserves the right to refuse assignment of space to any vendor or applicant.

J. Dimensions of the space allocated to each vendor are twelve feet wide and twelve feet from the curb (15 ft.  x 15 ft. ). Booth height: twelve feet (12 ft.) maximum, unless an exception is granted by The Market Staff.

K. The vendor shall provide maximum visibility and access to merchant businesses that remain open during The Market 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 Market Coordinator if any booth modification is desired. U. All trailers need to be approved by The Market and shall fit within The Market parameters 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 The Market.

L. Vendors must remove all boxes and containers used in the transportation of their merchandise BEFORE The Market opens. Empty boxes may be stored under tables.

ON-SITE STANDARDS OF CONDUCT

The Market vendors, employees and family members shall be appropriately dressed. 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 Market environment

A. No person or business participating in The Market shall state, imply, or otherwise suggest that the Drive-In endorses, sponsors, or supports the views of his/her/its organization, candidate, product, or service.

B. Non-entertainment vendors shall neither use amplified sound nor play music or make loud noises that can be heard outside their assigned spaces.

C. Vendors shall not solicit customers from outside their selling spaces.

D. Hawking, selling outside of booth, loud, or aggressive behavior is strictly prohibited.

E. It is each vendor’s responsibility to report to the onsite The Market 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.

EMERGENCY PROCEDURES FOR INCLEMENT WEATHER CONDITIONS

A. The Market Staff shall inform vendors if the event must be canceled due to dangerous weather conditions.

B. The Market shall remain open until emergency weather conditions are declared.

C. The decision to call an emergency shutdown of The Market is at the exclusive discretion of the Drive-In 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.

HEALTH, FIRE, AND POLICE REGULATIONS

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

COMPLIANCE AND ENFORCEMENT

The Market is an event for the enjoyment of the WNY community 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 The Market.