HomeMy WebLinkAbout03/16/2004, C3 - THURSDAY NIGHT PROMOTIONS RULES AND REGULATIONS council ;b 7A.0vh
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CITY OF SAN LUIS OBISPO
,,'FROM: Deborah Cash,Administrator
SUBJECT: THURSDAY NIGHT PROMOTIONS RULES AND REGULATIONS
CAO RECONEWENDATION
Approve recommended changes to the Downtown Association's Rules and Regulations for
Thursday Night Promotions.
DISCUSSION
The SLO Downtown Association reviews its Thursday Night Promotions Rules and Regulations
every three or four years to determine if changes are necessary to accommodate needs of the
event. During this particular review,'it was determined that few policy changes were needed but
a number of clarifying, grammatical and other non-policy types of updates should be
implemented.
The Thursday Night Promotions Committee spent a considerable amount of time during several
regular meetings reviewing the Rules and Regulations, making recommendations that would
assist those in using the booklet. The committee's recommendations were forwarded to the
Board of Directors which, with a few minor changes, approved the changes at its meeting on 10
February.
Those revised rules were submitted to the City Attorney for his review and comments. What is
submitted with this report is the final product incorporating those committee's, Board's and City
Attorney's suggestions. The Downtown Association believes the revisions are helpful in
providing a solid framework for operations and an easily understandable system for participants.
Changes to the Thursday Night Rules and Regulations are respectfully submitted herewith for
the Council's approval and implementation effective immediately.
FISCAL IlVIPACT
None.
ALTERNATIVES
None.
Attachments
Legislative Draft Thursday Night Promotions Rules and Regulations
To Thursday Night Prumotions Participants: ATTACHMENT 1
Welcome to Thursday Night Promotions (TNP) also commonly referred to as the"World
Famous" Farmers' Market. The San Luis Obispo Downtown Association is proud of the
growth and popularity of the Thursday Night Promotions (TNP), one of the most
successful promotions in Downtown SLO and emulated by communities everywhere.
TNP has earned a reputation as a well-rounded event featuring a Certified Farmers'
Market,food vendors, merchant and community displays, as well as great entertainment
bringing national visibility to both the Central Coast and Downtown San Luis Obispo.
Thank you for your interest in participating in this event.
This booklet contains the rules and regulations that apply to all participants. It is the
responsibility of all participants to familiarize themselves with and adhere to these
requirements during TNP.
The TNP Committee, which governs this weekly event, has developed these rules and
regulations to assist you in planning your TNP activity. Because of the many participants
and thousands of visitors who attend, it is important that the Rules and Regulations as set
forth below be strictly observed. A Promotions Coordinator serves on the Downtown
Association staff to assist you with your TNP plans and logistics. Please contact the
Promotions Coordinator (541-0286) if you have any questions.
Thursday night in Downtown San Luis Obispo is a special experience for people of all
ages - residents,tourists and participants alike. Your cooperation in helping maintain the
family and community-oriented atmosphere so essential to the Event's continued success
is greatly appreciated.
Board of Directors
Thursday Night Promotions Committee
SLO Downtown Association
The Downtown Association Office is located at
1108 Garden St., Ste. 210
(805) 541-0286
www.downtownslo.com
1. PURPOSE.GOALS.and STRUCTURE
A. The purpose of TNP is to promote business in the Downtown core. TNP is organized
by, administered by and paid for by the Downtown Association. The Downtown
Association is an advisory body to the San Luis Obispo City Council and is created and
operated under state and local laws. The Downtown Association administers the Event in
order to:
* create a positive image of Downtown San Luis Obispo
* expose community members to retail stores and services offered Downtown
* generate foot traffic on Thursday nights
* provide a forum for community activities
* maintain the Downtown as the center of retail, social, and civic activities
* enhance the community ac a whole. �1 —
ATTACHMENT I
All activities must be consistent with these goals .
B. The Downtown Association Board of Directors urges members to participate in the
Event, both to enhance the event and to benefit their own businesses.
C. It is the goal of the Downtown Association to schedule activities on Thursday nights
that promote a wholesome,family atmosphere. The events should appeal to both
young an old all agesand provide a consumer mix that reaches all aspects of the
marketplace. Downtown Association members should politely inform attendees of an
infraction of any rule.
D. All activities are under the auspices of the TNP Committee (Committee)that reviews
applications, plans events and promotions, and enforces all rules and regulations. The
TNP Committee .meets every 2nd
and 4' Wednesday of each month or as directed by the Committee Chair.These
rules and regulations may be revised at the discretion of the Downtown
Association Board of Directors and upon approval of the San Luis Obispo CitX
Council.
The following diagram summarizes how the Event is structured.
Want to participate in Thursday Night Promotions?
Agricultural Call the
-+ Fammrs'Market
Assoccuion
544-9570
Intimmaional,
n�kncn
n
Educrtiooal kmntow•n
A>•cociatioEntertainment
political S Member Association Fwd Vcndix
Not-for-profit Groups � AND
1.Obtain application from the Dwntown Ascncranon Otl rcc nr Obtam Spa
website,mvw.dmvntownslu.com,complete. aril return Farmcni A4arket Wont
to the office: 1108 Garden Suite 210,or Fax:FALLS-781-X+17 from SLO County
IHealth Department
Application prove. rwg
Thursday Night Rnmutioms Committee
3.Applicant contacts Dmmtown Aswiciation
office ter application status
lJI f Appca
APPROVAL DENIAL-�
Comm Lim
paymcm
submitted Correct disapproved j
to the Dowmoun clement
Assuciaticm,permit and Board of Dimctctrs
e�tce usstgnctl.AFrER
payneal is received.
IAry Otme9
Attend Market!
C3 -3
ATTACHMENT 1
2. DEFINITIONS
The following definitions refer to commonly used terms throughout the Rules and
Regulations and serve to clarify the meaning of key terms.
TNP -an abbreviation for Thursday Night Promotions. Sometimes referred to as
"Farmers' Market."TNP includes all market activities including the presence of the
SLO Counij Farmers' Market Association,Inc.,a separate entity.
RETAIL BUSINESS - a retail business that occupies an approved retail space within the
boundaries of the Downtown Association district. Retail businesses must operate during
normal business hours on a year-round basis with its that business' primary place of
business 2RgKation within the Downtown Association boundaries. The business must
hold all required Downtown Association, City of San Luis Obispo, and State of
California permits. Vending machines, newspaper/magazine racks, P.O. boxes, snack
boxes, and other similar businesses that primarily involve machines or do not encompass
personal contact are excluded from this definition and are not eligible to participate.
DOWNTOWN ASSOCIATION MEMBER—A Downtown Association member is a
business within the legally recognized and formally delineated Downtown Association
boundaries that pays a double business license tax; OR is a business within the
boundaries which is exempted Eby state or federal mandate from paying a
business license tax but which makes a voluntary contribution to the organization
(voluntary member). A map of Downtown Association boundaries is included in
this booklet..
GOOD STANDING - A member in "good standing"is defined as a Downtown
Association member who has all the necessary permits to operate a business within the
City of San Luis Obispo and TNP; has paid the Downtown Association tax and TNP fees;
has no violations; and is actively using the space allocated for TNP.
BUSINESS HOURS -Are consecutive hours of operation for consecutive days during a
business week. Minimum hours of operation are five consecutive days for five
consecutive hours per day. An example of this could be Monday - Friday (10:00 a.m. -
3:00 p.m.).
TNP OFFICIAL - Any member of the Downtown Association staff, Board of Directors,
Thursday Night Promotions Committee, City of San Luis Obispo Police or Fire
Departments can be designated as a TNP official for enforcing the rules and regulations
of Thursday Night Promotions
FIRE LANE -A 20' wide unimpeded path for use by fire, police, and medical vehicles,
the location of which is determined by the Fire Department and the Downtown
Association. The fire lane in the 700 block of Hig_uera Street will be designated by the
parking ticks/markers on the street for both sides of the block. The fire lane in all other
blocks of Higuera Street will be designated by the center lane s4ipping striping. All
booths must conform to this requirement. Booth configuration will be reviewed by the
TNP Committee at the time of application for compliance with the fire lane restrictions.
NON-COMPETING BUSINESS-a business outside the Downtown Association district
boundaries which is determined at the time of application to not be similar, related and/or
a competing business with any business or organization that is a member of the
Downtown Association.
FUNDRAISING:—The solicitation of funds in return for merchandise or services.
ATTACHMENT 1
PRESENCE ON THE MARKET—Participants are expected to leave.display booth
or usual type of sett in n assigned space until 9:00 p.m. No early take downs are
allowed,
3. MEMBER PARTICIPATION
A. Direct sales during the Event are limited to sales by Downtown Association members
having retail,service or professional outlets that are open during normal Downtown
business hours.
boundafies of Santa Rosa to 528 Higuefa, and Palm to Paoifie Stfeet, whe pt*, a double
business lieense fee, aeeeFding to leeal law Exceptions are made€eF limited to the SLO
County Farmers' Market Association and fund raising activities of Not-For-Profit(5016,
501c6, or those officially identified through Tax ID) organizations.
B. Members wishing to participate in TNP must file an application with the
Downtown Association and, upon approval, meeive obtWn a permit from the
Downtown Association office. Retail vendors must have a seller's permit and a retail
store in the Downtown Association district, with scheduled, posted, operating business
hours. Merchandise sales at TNP are limited to those items sold from an established
inventory within the normal scope of their each participant's daily business. Sales or
services at TNP must be provided and must be seld by a Downtown Association
member owner.manager,employee or family member and not an agent
of the business. Service and professional applicants must conduct the majority of their
business within the Downtown Association district.
C. If food items are to be sold, members MUJST apply to, and have the necessary
written approval from, the San Luis Obispo County Health Department prior to
receiving a TNP permit.
D. TNP permits may not be reassigned or sold. A Downtown Association member's
business cannot act as a sales agent for a non-member business. The participant must be
a Downtown Association member in good standing and have an active lease or ownership
in the Downtown Association district. If it is determined a member business selling at
TNP is selling inventory not part of that member's business - the permit can be revoked.
E. Members must participate once space is allocated to maintain validity of Permit.
Non-use may result in that space being reallocated.
rontiA.10.1,; basis must reapply for-a pemait Members must have a valid permit for
each date of attendance: members not participating on a pre-paid continuous basis
must secure a valid permit for each date of attendance by coming to the Downtown
Association office and paying the required fee prior to date of attendance.
Members not participating after 90 days must submit a new application.
F. Upon request, and space permitting, the Committee will attempt to place membants
vendors in close proximity to their places of business. Member participants are not
guaranteed space in the location of their choice.
G The r, �.it RMY he - .Oked fee the Some MaSORo listed in Seetie. 15, ubsee fien 1
Permits may be revoked for the following reasons:
ATTACHMENT I
(The same rules of revocation apply to all participants).
1. Closure of business (Exceptions may be made for businesses undergoing
renovations that do not exceed 60 days.)
2. Non-compliance with Downtown Association, City of San Luis Obispo
Fire Department or County Health Department regulations.
3 Non-payment of prescribed fees within the designated time period.
4._ Poor attendance. Vendors may miss no more than one night per quarter,
due to emergency.
5. Sale or transfer of business
Appeal of TNP Committee determination shall be made in accordance with"Appeal
Process"in General Rules.
H. Businesses who have not applied for and received a permit for TNP will not be
allowed to participate in the Event and are subject to removal.
4. NON-MEMBER BUSINESS PARTICIPATION
A. At the discretion of the Committee, an outside business (Commercial enterprises that
are not within the Downtown Association district) may be permitted to participate if the
Committee determines that its participation will provide a public service or will serve to
promote the purposes and goals of the Event. sueh_ h-mird—nesses may not display
If so
determined that the business fulfills the definition of Non Competing Business as
described above,the business may begranteda permit and may participate by
displaying merchandise and offering information only. No direct sales by Non
Competing Businesses are allowed. Non-competing businesses will also be subject to
non-member fees.
B. Non member businesses who have not applied for or received a permit for TNP
will_not be allowed to participate in the Event.
5. FUND RAISING FOR/BY NOT-FOR-PROFIT ORGANIZATIONS
A. At the discretion of the Committee, a Not-For-Profit organization may be permitted
to participate if the Committee determines that the organization's participation will
provide a public service or will serve to promote the purposes and goals of the Event.
B. Not-For-Profit groups may conduct direct sales no more than four(4) times per year,
and not more than two(2)consecutive weeks. Sponsorship from Downtown Association
members may not be solicited to circumvent this rule.
Note: Fundraising dates must be pre-approved by the Committee.
C. Participants shall limit sales to items specified on the approved application.
Merchandise or related fundraising items can he at the participants' booth on
approved fund-raising dates only and may not be displayed weekly.
D. Organizations wishing to raise funds during the Event must have a Not-For-Profit
status. Verification must be provided at the time of application. Reasonable
documentation, such as meeting minutes, by-laws, articles of incorporation,
C3 �LP
ATTACHMENT 1
communication from the Secretary of State, tax payer documentation or other indication
of non-profit status will be accepted as verification.
ote: Student clubs and organizations must provide written authorization from their
advisor(s) - Cal Poly students are to initiate an E-plan at the ASI Business Office.
E. All monies generated by sales or solicitations, excluding direct material costs, must
go to the Not-For-Profit group, not to individuals within the group. The Committee may
request a full accounting.
F. The organization must submit its application ten(10) days in advance of the desired
date. Upon review and approval by the Committee and payment of fees, a space will be
assigned. Participants are not guaranteed space in the location of their choice.
G. If food items are to be sold, the organization must have the necessary written
approval from the San Luis Obispo County Health Department prior to receiving a
permit.
H. Participants shall keep their area clean during the activity and leave the space and
surrounding area clean afterward.
I. Participants shell-will be required to reimburse the Downtown Association for any
costs incurred relating directly to their activity.
6. POLITICAL.RELIGIOUS AND OTHER INFORMATIONAL GROUPS
A.
appplieants; will be e F r-e-sea ..., adh o .+ A••st-eeme, ist s@Fved basis At the
againspaes and will be assigned spare when it
e .,
e1est4;Rs Approved applicants will be given space on a first-come.first-served basis
according to space availability. Participants are not guaranteed space in the
location of their choice. Additional spaces maybe temporarily provided for special
events or occasions.e.g. election season.
B. All groups or individuals wishing to disseminate information, pass petitions, or
promote political, religious,or personal beliefs inti are strongly encouraged to submit
a signed application no less than ten( 104 days three (3) weeks in advance of the date
desired. Upon review and approval of the application by the Committee the applicant's
name will be added to the list desiring space. iff FeViOWiflg an appikatiefl,1he
Committee will not discriminate on the basis of race, religion, creed, color, gender,
political beliefs, national origin, age, physical disability or other basis prohibited by
law.
C. Applicants whose format is determined to be entertainment shall not be eligible for a
space allocation under this section, but shall be regulated by Section 7.
D. Participants may not harass,follow, or intimidate Downtown visitors or Downtown
Association staff. .
C3 - `1
ATTACHMENT I
Activity that impedes iue flow of pedestrian traffic is not allohed. Applicants must
stay within their assigned space. Activities that are conducted in such a manner as to
interfere with the goals or purposes of the Event may result in immediate revocation of
the permit.
E. Handbills may only be posted with City or property owner approval. No stickers or
adhesive materials are allowed at TNP.
F. >
. Participants shall keep their area
clean during TNP and leave the space and surrounding area clean afterward.
Failure to do so may result in additional fees.
I. Except for entertainment, no amplification is allowed.
7. ENTERTAINMENT
A.
. The
committee shall select the type of entertainment best suited to promote the goals of
the Event. Auditions or demo tapes or CDs are required. Entertainers will perform
the t=and style of entertainment exhibited during audition,
R. The Cemuninee sh—all selee;the type of eateftaiRment best suited to pFemete the goals
of dhe Event. .4 ud-ii-ions, Ar-defae tapes may be r-eqUiFed.
C. .
_RRtA#;Ii;IAFS may net use b . Entertainers must keen sound levels within the
following guidelines: 80 decibels at Garden Street and 90 decibels at all other TNP
venues. Entertainers may not use generators.Violation of decibel level guidelines
will result in warning followed by electrical disconnect and/or removal from the
market
D. Power connections are the responsibility of the entertainer. Entertainers must treat
merchant property with great care. Any abuse will result in immediate revocation of
permit, and cancellation of additional performances. Electrical hook-ups are subject to
fire department regulations.
E. Entertainers may are subject to appropriate fees which must be paid when
permit is issued. Entertainers may passively ask for donations but may not actively
solicit money.
F. Entertainers are subject to space availability and assignment as determined by the
staff.
G.The Downtown Association requires that all music performed during TNP be original
and/or music in the public domain.
C! 3�g
ATTACHMENT 1
8. MEDIA (RADIO.TELEVISION,NEWSPAPER)
A. Cooperation between TNP and the local media is encouraged to promote the event.
Media organizations may apply to participate during TNP and observe the following
guidelines.
B. Absolutely no amplified musie. No amplified music unless authorized by the
Committee.
C. All giveaways (non-adhesive material only) must be pre-approved by the Committee.
No adhesive materials of any kind will be allowed.
D. Promotion/Advertising shall be for the applicant only, not for special events or non-
member business.
9. APPLICATIONS.PERMITS,SPACE ALLOCATION
A. To participate in the Event, an application and-agprepFiate fee(s) must be received ten
(10) days three (3) weeks prior to the desired date. Cal Poly greups clubs must initiate
an e-plan through the ASI Business Office. It is the applicant's responsibility to contact
the Downtown Association office regarding the status of
their application. Upon approval by the Committee,staff will assign a%pecific
or location and issue a permit reflecting the space allocation. The space will not be
considered reserved until the appropriate fees are paid. The C,...,---i---e Wil F�• i�••
the appheatien at its b
ular4y seheduled meeting. if the applieatien is appFaved the Event
,.
spa68 a}19EatlApr
B. The person in charge of any activity must be in possession of a valid permit at all
times dufi*g The permit is to be conspicuously
displayed during operation. Additionally, if the ,,twit y ;..,elver, feed sales the
regulations.;vidh San Luis Obispo Count), 14eaM Depawnent
C. All approved applicants will receive a space assignment only if the fee(s) are paid.
The space corresponds to a street address. PARTICIPANTS MUST STAY WITHIN
THEIR ASSIGNED SPACE AND OUT OF FIRE LANES AT ALL TIMES. It is the
participant's responsibility to be aware of the fire lanes, as specified by the Event
Coordinator.
D. The Event Coordinator has the authority to assign or to reassign spaces. Participants
are not guaranteed space in the location of their choice. Vendors are limited to one
assigned space per event unless authorized by the Committee.
E These Feg4atiens apply to all paFtieipants, whether-9F net _R DIA .
F. as fellews Spaces not to exceed the following dimensions:
Direct Sales - Member.........................................10' x 10'
Member Food..................................................... 10' x 12'
Barbecue ..............................fees based on square footage
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ATTAa; AEikiT s
used,
booth not to exceed 1-5--' in depth
Direct Sales - Not-for-Profit y '
Informational.................................................... 10' by 10'
Non-member/Volunteer member..................... 10' by 10'
Media................................................................ 10 by 10'
*** The G-A—:xmiasse U41411 eensideF applleations enlyfFeFa
non b
Non member businesses are only allowed to display merchandise, no sales
permitted.
G. , HfileSS
10. APPROVAL OR DENIAL OF TNP APPLICATION
A. Under the Street Closure or other relevant permits issued by the City of San Luis
Obispo, the Downtown Association and the TNP Committee have full discretion
concerning use of the area designated for the Event . Applications submitted will be
reviewed by the TNP committee for approval or denial based on Event criteria. It is
the.applicant's responsibility to contact the Downtown Association office for this
determination. If an application is denied.the basis for denial shall be 'vgt en upon
uest.
B. If an application is denied.and the applicants disagrees with the basis for denial,
an appeal may be made by applicant,first to the TNP Committee, then to the Downtown
Association Board of Directors and, if necessary, to the San Luis Obispo City Council.
11. STREET CLOSURE
The City of San Luis Obispo Public Works crew begins barricading the streets at
approximately 5:30 p.m. Approved participants may begin setting up as soon as the
barricade truck has left the area. Support vehicles must be unloaded and off the street
by 6:00 P.M. Vehicles left inside the barricaded area are subject to towing at the owner's
expense. All activities end at 9:00 p.m. and .
The City.......,.ves the h a t appFoximately o•30 p m participants must clear
their area entirely before 9.30 p m at which time barricades are removed and
traffic flow resumes A presence of the permittee must be maintained in the space
assigned until 9.00 p.m. No early take downs are allowed
12. HEALTH FIRE,AND POLICE REGULATIONS
While the Downtown Association is not an enforcement body for the Health, Fire and
Police Departments, cooperation with these agencies is essential. Participants shall be
aware of code requirements and comply. Only "people"events will be permitted in the
fire lanes. No tables, risers, or any other equipment will be allowed. Specific questions
regarding the codes should be directed to the appropriate agency.
13. EQUIPMENT AND SERVICE
03 ,10
The Downtown Association is under no obligation to provide power,water, or any
equipment to participants. An applicant needing specific services must make these needs
known in the application. The Downtown Association's only obligation is to provide a
space on the street. It is the applicant's responsibility to provide all necessary equipment
for operation of his/her booth. Power cords, when used, must be taped down and
conform to City requirements. Generators may not be used.
14. FEES
Participation in the Event is a privilege for both businesses and Not-For-Profit
organizations. Since there are substantial costs (such as janitorial, trash removal, and
street closure and insurance) involved with sponsoring these weekly events, the
Downtown Association has established permit fees in the following categories:
• Member barbecue vendors
■ Member food/restaurant vendors
■ Direct Sales - Member
■ Not-For-Profit groups
■ Information/Political groups
■ Entertainment
■ Media
■ Commercial Displays - Non-member A
A fee schedule, subject to annual review, is available in the Downtown Association
office. There will be no refunds or credits unless the event is officially canceled due to
rain.
*Non eempeting businesses p&will be aliewed with
FEES FOR PERMITS MUST BE PAID WHEN THE-4 001 IQ A TION 19 Sat ED
PERMIT IS ISSUED.
THE PERMIT MUST BE DISPLAYED DURING THE EVENT.
15. MF14MER R A RRTi G ES AND MQ t7L'1►TTl1DC
FOOD VENDORS INCLUDING BARBECUERS
Within the current undaries of the Event (Higuera Street between Nipomo
and Osos streets), there shall be no more than nine (9) barbecues, each with a reserved
space assigned. In addition to the TNP rules, all barbecuers are subject to Health and
Fire Department regulations. In order to retain the reserved space, all baFbeeuer-s-food
vendors must adhere to the following rules that apply:
A. All bar-besaers food vendors must have a business and full service commercial
kitchen within the Downtown Association boundaries.
B. TFo-
od items should be the same tune
as are sold on the daily menu at place of business unless otherwise authorized by the
committee. ' 1
- ATTACHMENT I
C. . Barbecue operation must be
kept within the space assigned.
D. . Food vendors
may begin setup no earlier than 5:00p.m. Barbecues maypulled onto the street
no earlier than 4:00 p.m. Barbecues are not to be started in an assigned street s,Qace
until after 4:30 p.m.and are not to extend into the streetashparking place
marker. During lig ting,the barbecue is to be surrounded by barriers set five (5)
feet away to protect pedestrians from flames . (This may require temporary
placement of barriers on sidewalk areas). Standard starter fluid or propane wands
can be used to start barbecues. All vendors using open flame must operate in
accordance with all fire code regulations. Each barbecue must have an approved
fire extinguisher on site.
E. . Barbecues must be
surrounded by barriers set five (5) feet away and can be easily moved for emerancy
vehicle access.
F. Bafheeues may be pulled ente the stmet no eulier-than 4.-00 p.m. Barbeeues are not to
hp qtA#Ad 41 _a13
i��
A {,assigned lighting,
(Diagmm A). (This ..my require «e...pem7-piaeement ofvaricvio on d lk
b
been s e pr-epanewand sh ll ....t be.1..c ted withi fifty feet f the BBQ gash
h;iihnt nnr mnhave e.,e ^ «
erre ed fl.e a .b.. : Ht 6e ♦ pf-OpaRe Cylinders
..-Support vehicles must be moved away from the
barbecue area by 6:00 p.m.
G.
a lQ FpWe radius ef-4he assigned spare. P46 aFO W bO teWed to the assigned spaeo at a
speed of less than 5 Fa.p.h. Food vendor areas must be kept neat and clean at all
times Each barbecue vendor must provide at least one 50 gallon container for
refuse..
H. set up is to be eempleted as indisated in
diab
a
I All LPG afi&.F ape.. fle...e de..:,,e„ ..Loll be Ul Entad . Meet NEPA Pamphlet#58
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devices shall be sepaWed ff-em the publie by a baftier-(i.e. eenes, pets and Aags, ete.)
J=PG eentainerts shall not be leeated any deser-than fifly (50) feet 49fa bar-beGileS 9F
pw6cent fallin 0 Both TRC' afi&OF epe„ flame d 1,g ;ill b 'd d itl,
r a r r
ed/„ ed f:. «: 1, - 7A 10130) T1, Event is lifl'asoQi9Hy
e�.�.� eicaiiscioxs�z �iTxi iiiiTzvxn-zzrivacT--a-av�+vsr
J.-Suppertyehie-ler m—writ be ,. oyedl away from the h.,..i,seus aFea b c nn
�3�t�
K. Rarbeewo arwis Faust Be kept Reat and 6,10-AR at-A!! tiffieS. EaOh vender-must pFevide a4
least em 50 gallon eentainer.for rof4iRA
L. H Permits may be revoked by the TNP committee for the following reasons:
(The same rules for revocation apply to all members.)
1. Closure of business. (Exceptions may be made for renovations that do not exceed 60
days.)
2. Non-compliance with Downtown Association, City of San Luis Obispo Fire
Department, or County of San Luis Obispo Health Department regulations.
3. Non-payment of prescribed fees within the designated time period.
4. Poor attendance. Vendors may miss no more than one night per quarter, due to
emergency.
5. Sale or transfer of business
M1 Permits are subject to modification and revocation by the City Council at any time
and are valid for the indicated permit period only.
N-. Z A waiting list of members who wish to barbecue or use an LPG device is kept in
the Downtown Association office. Any space that becomes available will be reserved for
the member at the top of that list. To be placed on the waiting list, a member must file a
TNP application and the member must show that they are qualified in all respects.
A. K. Barbecuers and LPG users are required to participate every Thursday unless the
event is officially canceled due to weather. The Downtown Association office will notify
barbecue participants on the status of the event due to weather by 2:00 p.m. the day of
the Event. Failure to participate will cause the permit to be reviewed by the committee.
16. SAN LUIS OBISPO COUNTY FARMERS' MARKET ASSOCIATION.INC.
(FARMERS' MARKET)
The Farmers' Market Association participates in the Event at the invitation of and under
contract with the Downtown Association and serves as a promotion for the Downtown.
The Farmers' Market Association operates under State regulations and those set by its
Board of Directors. Certain guidelines have been established by the Farmers' Market and
the Downtown Association L addressing specific needs of the Event.
All people wishing to sell their crops directly to the public must contact the Farmers'
Market Association, as the Downtown Association does not issue permits or space
assignments for Farmers' Market, and issues no variances to circumvent Farmers' Market
rules.
Pelle.. ing is c>r ...e.�+ M 1. r 1 d the fi • Call 544-9570 for
e �vxiaixiaTox :m:acxv x :mctvc xa:oo :o: ago aroae
information about the Farmers' Market Association. am ce-smarWewo Wt t;f ndes and
ragalatiees.
postedGoilifieates must be plain
�3 -l3
.
C. ve..,+,.r.. mays net display n. &er-adye •WFHS-th@5' aFe-Hot permitted to sell.Thus,
b
assignedFJ Venders must elean up theif
left,waming;A411 be issialed- if debris is
dependent upon leaving a thme feet spaee betWeeR YOUF table and your
F. TIRe f
C The tl..ee (3) feet spaeo be-Ave-en ve-Weles must he kept nle—a . nt all t:men Yeep
b f
ine. Rules.) FeF any
given 'vet flowers may not e*seed-70% e f tl.e display n
1 Ne hanging baskets,
vegetable#epieal eF other-house plants afe alle;*AW. The s-Ale Of plants is
limited te items sueb as
f hefbs,
and other-annuals and peFennials intended
€eFeutdeer use:
The f
beth PA and f
above Mlles may result in su ares.ni rte.. n ..1 F tlf P f M
17. GENERAL RULES FOR PARTICIPANTS:
A. Participants in the Event shall be appropriately dressed (e.g. shirts and shoes), and
conduct themselves with proper decorum.
B. The committee reserves the right to limit sales of items that are in direct competition
with those items of Downtown merchants.
C. All participants must conspicuously display the name and location of their business or
organization on a sign with the minimum size being approximately 400 sq. inches (14" x
30"). Merchants' show windows may not be obscured at any time by boards, banners or
other large displays.
- ATTACHMENT I
Lighting on booths shouid lbe used for illumination of the booth and display purposes
only. Strobing,flashing and/or rotating lights are not permitted. Ne grand
All lighting must be battery or electric only.
D. No person shall deface or otherwise abuse the Downtown buildings or plants
including stickers, paint or graffiti.
E. Amplification is NOT allowed without previous written approval from the TNP
Committee CeeMinater-
F. All applications for the Event must contain name, address, phone number, and
signature of fespeHsiblo-geFsee applicant or applicant's authorized agent. This person
must be the contact person. The applicant shall acknowledge the participant's liability
for damages (including costs for clean-up and damages to property belonging to '
merchants or tenants).
G. DA TNP participants must have proof of liability insurance with lits minimum
coverage of$580,000 $1,000,000 minimilm and workers compensation insurance for all
employees. Participants are required to have their insurance carrier notify the Downtown
Association staff in writing of their insurance status. Further.only business owners or
immediate family member mayoperate vendor booths without providing,proof of
workers compensation coverage; if family members are working the booth.a letter
must be on file with the Downtown Association indicating this intention. All other
workers are-assumed to be employees and must be covered by workers
compensation and proof of such will be provided to the Downtown Association.
H. The Downtown Association, the Thursday Night Promotions Committee, its
agents or staff are not responsible for theft or damages to property belonging to persons
participating in the Event. The Downtown Association assumes no responsibility for
items left unattended during or at the conclusion of such activities.
I. No person participating in the Event shall state, imply or otherwise suggest that the
Downtown Association, or any of its member businesses endorses, sponsors or supports
the views of his W hef applicant's business or organization.
I Alcoholic beverages or affiliated promotional products may not be sold, consumed,
promoted or advertised during the Event.
K Tobacco products and merchandise may not be sold,promoted or advertised during
the Event.
L. Tattooing, permanent cosmetics and body piercing may not be performed or
administered during the Event. Body piercing does not include piercing the leading edge
or earlobe of the ear.
M. The Committee reserves the right to refuse participation to any applicant.
N. The Committee will not discriminate on the basis of race, religion, creed, color,
gender, political beliefs, national origin, age or physical disability.
C3 - iS
ATTACHMENT I
O. Any vendor, club, group, or persons participating in the Event must comply with all
of the rules. Non-compliance, including offensive conduct, may result in immediate
revocation of the permit. If a permit is revoked an appeal may be made,first to the TNP
Committee, then to the Downtown Association Board of Directors, and finally to the San
Luis Obispo City Council. During the appeal process a space will be held for the
participant providing that all fees are paid.
P. The Committee reserves the right to revoke the permit and/or order the removal of all
equipment and material (belonging to a participant)from the street for any reason
deemed necessary by the Committee to better meet the goals and purposes of the Event or
for public health, safety and welfare.
Q. Participants are not allowed to use vehicles within designated market area during
market hours. For special events or promotions, however,the TNP Committee may
approve vehicles on an exclusive basis.
The TNP Committee reserves the
right to limit or prohibit the number of support vehicles per event.
R. Permits may be revoked for the following reasons:
(The same rules for revocation apply to all members.)
1. Sale or transfer of business.
2. Closure of business. (Exceptions may be made for renovations that do not
exceed 60 days.)
3. Non-compliance with Downtown Association, City of San Luis Obispo or
County of San Luis Obispo Health Department regulations.
4. Non-payment of prescribed fees within the designated time period.
5. Poor attendance.
S. Appeal from Permit Denial/Revocation
An appellant may appeal a permit revocation determination of the TNP Committee
to the Downtown Association Board by filing a written notice of appeal to the Board
within 10 business days of the revocation. An appeal from a decision of
the Downtown Association Board to the San Luis Obispo City Council shall
be processed in accordance with the City of San Luis Obispo's Appeals
Procedures set forth at Chanter 1,10 of the San Luis Obispo Municipal
Code.
T All giveaways (non-adhesive material only) must be pre-approved by the
Committee No stickers or adhesive materials of any kind will be permitted to be
sold.distributed.given away or offered.
U No pets/animals are allowed at TNP without pre-approved authorization and
only in limited and controlled circumstances Animals utilized to assist disabled
persons are excepted.
PLEASE OBTAIN YOUR PERMIT FROM
THE DOWNTOWN ASSOCIATION OFFICE PRIOR
TO THE THURSDAY NIGHT ATTACHMENT I
YOU WISH TO PARTICIPATE
The office is located at:
1108 Garden Street, Suite 210
San Luis Obispo, CA 93401
www.downtownsio.com
C3- I �
03/17/2004 14:24 8057812647 SLO DOWNTOWN ASSOC PAGE 01
of the business. Service and professional applicants must conduct the majority of their
business within the Downtown Association district.
C. If food items are to be sold, members MUST apply to, and have the necessary written
approval from,the San Luis Obispo County Health Department prior to receiving a TNP
permit.
D. TNP permits may not be reassigned or sold. A Downtown Association member's
business cannot act as a sales agent for a non-member business. The participant must be
a Downtown Association member in good standing and have an active lease or ownership
in the Downtown Association district. If it is determined a member business selling at
TNP is selling inventory not part of that member's business the permit can be revolted.
E. Members must participate once space is allocated to maintain nudity,of. rmi
Non-use may result in that space being reallocated.
. Members must have a v lid pant for
Bch date Of altWdawcmembers nOt 'cinating On a prg_paid continuous oasis
must scum-a Val'
RIDWI for each
p-rior to daft of attendoce.
Members not n iRgttE-for 90 d=or more must submit a new ppm
F. Upon request, and space permitting,the Committee will attempt to place
vendors in close proximity to their places of business. Member participants are not
guaranteed space in the location of their choice.
afl- _90-660-8 _17;subseetion A. Permits maybe revoked for the fo tOwing reasons•
ah€same rules of revocation a ply to all ordcipantsl
I. Cl mmn of business (Exgggtionc tray bi made for businesses undergWw
renovations that do not exceed 60 dM)
2. Non-compliance with Downtown Association City of San Luis MUM
Fire Dep ent or Comil Health Ihnartmeut r Mlations.
3. Non-payment of prescribed fees within the desaffiated time Rrxi
-4. Poor attendance.-Yendors may miss no more than one niebtperqu r.
due to emn=m
!,Sale or h3mgff of bugmess
Appeal of TNP Committee determination shall be made in accordance with"Appeal
Process"in General Rules.
BusinessesIEL
-he - removal.
ent and am sub"ect to
4. NON-MEMBERBUSNZ~.SS PARTICIPATION
A. At the discretion of the Committee,an outside business (Commercial enterprises that
are not within the Downtown Association district)may be permitted to participate if the
Committee determines that its participation will provide a public service or will serve to
promote the purposes and goals of the Event.
4
determined that the hnsinnssffills the deffWtion of Non CompIUM u3iness as
03/17/2004 14:24 8057812647 SLA DOWNTOWN ASSOC PACE 02
` I '
determiimAtion If a-U annlicotion is denie&the bits! for de. i t shall he gftg ligan
B. If an application is denies with the basis for_drAlal
an appeal may be made by�gylicant,first to the TNP Committee,then to the Downtown
Association Board of Directors and, if necessary,to the San Luis Obispo City Council.
11. STREET CLOSIlgE
The.City of San Luis Obispo Public Works crew begins barricading the streets at
approximately 5:30 p.m Approved participants may begin setting up as soon as the
barricade truck has left the area. Support vehicles must be unloaded and off the street
by 6:00 P.hL Vehicles left inside the barricaded area are subject to towing at the owner's
expense. All activities end at 9:00 p.m. and most be olewed eff the sweet at that time.
parfidm s most
Clear
their area en 'rely before 9.30 R m at which time bam ada am immoved and
Mdgmd until 9100 p.m. No early take downs are allowed.
12. HEALTH,FIRE-_AND POLICE REGULATIONS
While the Downtown Association is not an enforcement body for the Health, Fre and
Police Departments, cooperation with these agencies is essential. Participants shall be
aware of code requirements and comply. Only"people"events will be permitted in the
fire lanes. No tables, risers, or any other equipment will be allowed. Specific questions
regarding the codes should be directed to the appropriate agency.
13. EQUIP .NT AND SERVICES.
The Downtown Association is under no obligation to provide power, water,or any
equipment to participants.An applicant needing specific services must make these needs
known in the application. The Downtown Association's only obligation is to provide a
space on the street. It is the applicant's responsibility to provide all necessary equipment
for operation of his/her booth. Power cords,when used, must be taped down and
conform to City requirements. Generators may=be used.
14. EM
Participation in the Event is a privilege for both businesses and Not-For-Profit
organizations. Since there are substantial costs{such as janitorial, trash removal,and
street closure and insucuW involved with sponsoring these weekly events, the
Downtown Association has established permit fees in the following categories:
° Mem barbecue vendors
• Member food( u *vendors
• Direct Sales.-Member
• Not-For-Profit groups
° Information/Political groups
• Entertainment
■ Media
'-- ■ Commercial Displays—Non ComoUng Business
03/17/2004 14:24 8057812647 SLO DOWNTOWN ASSOC PAGE 03
H. The Downtown Association, the Thursday Night Promotions CoMmittM its
agents or staff are not responsible for theft or damages to property belonging to persons
participating in the Event. The Downtown Association assumes no responsibility for
items left unattended during or at the conclusion of such activities.
1. No person participating in the Event shall state, imply or otherwise suggest that the
Downtown Association,or any of its member businesses endorses,sponsors or supports
the views of his er lff Mlicant's busillegs or organization.
I Alcoholic beverages or aig,U,promotional Products may not be sold,consumed,.
ULQmoftd or advertised during the Event.
K Tobacco products and merchandise may not be sold,P oo=g9d or advertised during
the Event.
L.Tattooing,permanent cosmetics and body piercing may not be performed or
administered during the Event. Body piercing does not include piercing the leading edge
or earlobe of the ear.
M. The Committee reserves the right to refuse participation to any applicant
N. The Committee will not discriminate on the basis of race, religion,creed, color,
�j gender, political beliefs, national origin,age or physical disability or any basis
txDhibited by law.
O. Any vendor, club, group, or persons participating in the Event must comply with all
of the rules. Non-compliance, including offensive conduct, may result in immediate
revocation of the permit If a permit is revoked an appeal may be made,first to the TNP
Committee, then to the Downtown Association Board of Directors, and finally to the San
Luis Obispo City Council. During the appeal process a space will be held for the
participant providing that all feed are naitl.
P. The Committee reserves the right to revoke the permit and/or order the removal of all
equipmentand material (belonging to a participant)from the street for any reason
deemed necessary by the Committee to better meet the goals and purposes of the Event or
for public health, safety and welfare.
Q. Participants are not allowed to use vehicles mithin Mignated market area during
market hours. For special events or promotions, however, the TNP Committee may
approve vehicles on an exclusive basis.
. The TNP Committee reserves the
right to limit or prohibit the number of support vehicles per event
R. Permits may be revoked for the following reasons:
(The same rules for revocation apply to all members.)
1. Sale or transfer of business.
2. Closure of business. (Exceptions may be made for renovations that do not
exceed 60 days.)