Flea Market Policy Revised and Adopted 5.28.2013 Final

5/22/2018 Flea Market Policy Revised and Adopted 5.28.2013 Final

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The mission of the French Market Corporation (FMC), a self-sustaining public benefit

corporation,which pursuant to La. Rev. Stat. 39:1051 is not a political subdivision of

the state, is the preservation, restoration, maintenance, promotion and development ofthe City of New Orleans' properties and historical assets. To facilitate revenue

enhancing projects in and around the French Quarter supporting the City's

tourism efforts.

The French Market Corporation shall be charged with the management of critical

assets owned by the City of New Orleans, primarily, though not exclusively or

historic assets, including but not limited to the French Market, Upper Pontalba,

Jackson Square Pedestrian Mall, French Market and Elysian Fields parking facilities,Washington Artillery Park, Edison Park, Bienville Park, Joan de Arc Park, Dutch

Alley, Latrobe and the Riverfront Park, to showcase the architectural, cultural,

economic and historical value of the City's assets.

The French Market Corporation encourages the creation of independent,

owner-operated businesses, provide profitable retailing opportunities, and promote

the expansion of food vending in the French Market (especially the sale of local

farm produce). The FMC will encourage retailing of products produced by the sellerand locally made. The FMC will strive to serve the shopping needs of all the

Market's users, especially the residents of the French Quarter and the citizens of New

Orleans.

The French Market Corporation recognizes the importance of tourism to theeconomic viability of the City of New Orleans. The French Market Corporation

will take a proactive role in encouraging tourism in and around the properties under

its management and will support public and private tourism efforts that enhanceopportunities for its shops and flea market vendors to increase their sales and increase

the rents collected by the French Market Corporation and taxes collected by the City

of New Orleans.


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I. DESCRIPTION OF FLEA MARKET 1

A. LOCATION, DIMENSION OF STALLS (layout) ........................................................................... 1B. DAY AND HOURS OF OPERATION ............................................................................................. 1C. RENTAL RATES - *Effective for 2012 ........................................................................................... 1 D. CREDITS .......................................................................................................................................... 2E. NON-DISCRIMINATION POLICY ................................................................................................ 2F. COMPLIANCE WITH ALL APPLICABLE LAWS........................................................................ 2G. REVISION TO POLICIES AND PROCEDURES ........................................................................... 2

II. VENDOR APPLICATION PROCESS ...................................................................................................................... 3

A. APPLICATION ................................................................................................................................. 3B. PAYMENTS BY VENDORS ........................................................................................................... 5

III. VENDOR AND EMPLOYEE IDENTIFICATION CARDS ................................................................................. 5

A. VENDOR IDENTIFICATION CARDS ........................................................................................... 5B. EMPLOYEE IDENTIFICATION CARD ......................................................................................... 7C. EMPLOYEE IDENTIFICATION CARD RENEWAL .................................................................... 8D. FAILURE TO WEAR OR PRESENT VENDOR OR EMPLOYEE IDENTIFICATION CARDS . 8

IV. VENDOR DOCUMENTATION ................................................................................................................................ 9

V. MERCHANDISE CONTROL ..................................................................................................................................... 9

A. REVIEW OF VENDORS AND MERCHANDISE OFFERINGS ................................................... 9B. PROHIBITED MERCHANDISE...................................................................................................... 9C. SALE OF ITEMS RESTRICTED BY LAW .................................................................................. 10

VI. DISPLAY REGULATIONS ....................................................................................................................................... 10

A. ELECTRICITY POLICIES ............................................................................................................. 10B. DISPLAY LIMITS .......................................................................................................................... 11C. HEIGHT RESTRICTIONS ............................................................................................................. 11D. CANOPY RESTRICTIONS ........................................................................................................... 11E. SIGNAGE........................................................................................................................................ 12F. DISPLAY SET UP .......................................................................................................................... 12G. DISPLAY REMOVAL ................................................................................................................... 12H. MIDNIGHT CLOSINGS ................................................................................................................ 12I. RAINCHECKS................................................................................................................................ 13J. VENDORS SELLING RECORDED MUSIC AND/OR ACOUSTIC MUSICAL INSTRUMENTS... 13

VII. STALL SELECTION PROCESS .............................................................................................................................. 13

A. RENTAL REQUIREMENT ............................................................................................................ 13

B. QUARTERLY SENIORITY-BASED STALL SELECTION PROCESS ...................................... 13

C. NUMBER OF STALLS .................................................................................................................. 14D. RENTAL PAYMENTS FOR ASSIGNED STALLS ...................................................................... 14E. DAILY SCAN IN PROCEDURE ................................................................................................... 14F. LOSS OF ASSIGNMENT .............................................................................................................. 15G. DAY STALL PROCESS ................................................................................................................. 15H. ASSIGNMENT OF TEMPORARY VACANCIES ........................................................................ 16

I.

SWAPPING OR SUBLETTING OF SPACES STRICTLY PROHIBITED .................................. 16

VIII. VENDOR TENURE ................................................................................................................................................... 16

A. PURPOSE ....................................................................................................................................... 16B. DEFINITION .................................................................................................................................. 17C. ACHIEVEMENT OF TENURE ..................................................................................................... 17D. MAINTAINING TENURE ............................................................................................................. 17E. LOSS OF TENURE ........................................................................................................................ 17F. TENURE APPEAL PROCESS ....................................................................................................... 18G. TENURE ......................................................................................................................................... 18


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IX. LEAVE POLICY .......................................................................................................................................................... 19

A. ANNUAL LEAVE .......................................................................................................................... 19B. GENERAL LEAVE ........................................................................................................................ 21

X. CONFLICT RESOLUTION ...................................................................................................................................... 22

A. PROCESS FOR COMPLAINTS .................................................................................................... 22B. CHANGES IN POLICIES OR PROCEDURES ............................................................................. 23

XI. PROHIBITED VENDOR BEHAVIOR AND DISCIPLINE .............................................................................. 23

A. OFFENSES RESULTING IN IMMEDIATE EXPULSION: ......................................................... 23B. OFFENSES RESULTING IN WRITTEN REPRIMAND AND SUBJECT TO OTHER

DISCIPLINE ................................................................................................................................... 24C. DISCIPLINE PROCEDURE ........................................................................................................... 26

XII. VENDOR COMMITTEE ........................................................................................................................................... 27

A. PURPOSE ....................................................................................................................................... 27B. COMPOSITION .............................................................................................................................. 27C. TERM OF OFFICE ......................................................................................................................... 27D. ELECTION PROCESS ................................................................................................................... 28E. DUTIES AND RESPONSIBILITIES ............................................................................................. 30F. VENDOR COMMITTEE CHAIRMAN ......................................................................................... 30

G. TERM VACANCIES ...................................................................................................................... 31XIII. DEMISE OF VENDOR .............................................................................................................................................. 31

A. NON TRANSFERABLE, ASSIGNABLE, OR INHERITABLE ASSIGNMENT ........................ 31B. CONTINUATION OF VENDOR TENURE .................................................................................. 31C. DECEASED VENDORS STALL ASSIGNMENT....................................................................... 31D. ADVANCE RENTAL PAYMENTS .............................................................................................. 32E. FAMILY, DEPENDENTS, OR BUSINESS ASSOCIATES RIGHT TO TAKE DECEASED

VENDORS MARKET PLACE..................................................................................................... 32


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FLEA MARKET POLICY AND PROCEDURES

Revised and Adopted 05/28/2013

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I. DESCRIPTION OF FLEA MARKETA. LOCATION, DIMENSION OF STALLS (layout)

1. Location:Physical Address: 1200 Block of N. Peters StreetMailing Address: 1235 N. Peters Street

New Orleans, LA 70116Telephone: (504)596-3420

2. Stalls:Indoor stalls are 6 feet x 11 feet; Parking Lot, inside line 9 9 x 4 8, outside

lines 10 4x 5 4Attached hereto in Appendix A

B. DAY AND HOURS OF OPERATION1. Office Hours:

Sunday through Saturday: 7:00 a.m. to 3:00 p.m.

2. 7:00 a.m. 3:00 p.m. Market Hours (Weather Permitting):Spring/Summer (March 15 through October 31)

9:00 a.m.7:00 p.m.Fall/Winter (November 1 through March 14)9:00 a.m.6:00 p.m.

C. RENTAL RATES - *Effective for 20121. General

The FMC Board determines the daily rental rates for stalls based upon businessobjectives and market factors. The rental rates for individual stalls vary basedupon location and day of rental. The current rental rates will be maintained in theFMC office. The FMC board may review and revise the rate schedule on an

annual basis. Any changes will be posted at least 30 days before their effectivedate.


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2. RatesROW WEEKDAY RATE WEEKEND RATEA $23.00 $41.00B $16.00 $33.00C $15.00 $25.00D $11.00 $19.00Lot (E - K) $7.00 $14.00

3. Other FeesFax Fees:Local: $1.00Long Distance: $2.00International: $9.39Receiving: $1.00

D. CREDITSEffective March 1, 2012 credits will no longer be available.

E. NON-DISCRIMINATION POLICYThe French Market Corporation does not discriminate in the acceptance of Vendorapplications because of race, color, creed, disability, religion, sex, sexual orientation,national origin, age, marital status, gender identity or any other protected status. All

Vendors conducting business on French Market property shall not discriminate inemployment decisions or in public accommodations.

F. COMPLIANCE WITH ALL APPLICABLE LAWSIt is French Market Policy to insure that vendors, at their sole expense, comply fully withall laws, rules and orders of all federal, state and municipal governments and anysubdivision thereof. Failure to comply will result in expulsion from the market or otherdisciplinary actions.

G. REVISION TO POLICIES AND PROCEDURESThe French Market Corporation reserves the right to revise, supplement, or rescind anypolicies or portion of the handbook from time to time, as it deems appropriate on anannual basis. All such changes will be communicated through official notices, and therevised policies will supersede, modify, or eliminate existing policies.


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II. VENDOR APPLICATION PROCESSA. APPLICATION

Any individual wishing to become a new vendor in the French Market Community FleaMarket must comply with the following application process, policies, and procedure:

1. Acceptance of Applications:Applications for new vendors will be accepted everyday from 11:00 a.m. to 3:00p.m. at the Flea Market Office located at 1235 N. Peters Street, New Orleans, LA70116.

2. Required Applicant Materials:Anyone over the age of 18 years is eligible to become a vendor. A personwishing to become a vendor in the French Market must present a valid driverslicense or equivalent form of government-issued picture identification to marketstaff and fill out the French Market Community Flea Market MerchantApplication form, attached hereto in Appendix B.

Vendors are required to provide samples of proposed products. Prospectivevendors are required to call or email for an appointment where they must showsamples of the proposed products to enter into the approval process (504-596-3420 or [email protected].

3. Application Fee:There is a $5.00 non-refundable application fee due upon submission of acompleted application.

4. Occupational License:Upon approval of applicants application, the applicant must obtain anOccupational License from the City of New Orleans Department ofFinance/Bureau of Revenue.

In order to obtain an Occupational License, an applicant must present a copy of

the applicants approved French Market Community Flea Market MerchantApplication and completed Occupational License form along with any applicablefees to the following location:

City HallDepartment of FinanceBureau of Revenue

An Occupational License must be issued to the same name listed on the French


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Market Community Flea Market Merchant Application and the business locationaddress must be listed as 1235 N. Peters Street. Vendors must provide analternate mailing address to the tax authorities.

5. Sales Tax Registration:An applicant is also required to register for and obtain city and state sales taxcertificates, pursuant to the guidelines, policies, and procedures required by theCity of New Orleans Department of Finance and the Louisiana Department ofRevenue, or any other government agency given authority to conduct andmanage the procedures for sales tax registration.

a) City Sales Tax:In order to register for City Sales Tax, an applicant must submit a copyof the approved French Market Community Flea Market Application

form and any other required information or forms to the followinglocation:

City HallDepartment of FinanceBureau of Revenue

b) State Sales Tax:In order to register for a state sales tax certificate and tax accountnumber, an applicant must submit a copy of the French Marketapplication form and any other required information through the

Louisiana Department of Revenues website athttp://rev.louisiana.gov/sections/business/intro.aspx

c) City and State Sales Tax ReturnsIt is strictly prohibited for any vendor to fail to submit accurate sales taxreturns to the City of New Orleans and State of Louisiana and copies ofsaid tax returns to the market office.

For each month that a Vendor fails to timely submit copies of their cityand state sales tax returns to the Market Office the Vendor will besuspended until the Vendor submits proof that delinquent sales taxes

have been paid in full, and will be allocated a $100.00 fine to be paid bycash, credit card, money order or certified check.

Vendors are required to timely submit state and city sales tax paymentsto the Louisiana Department of Finance and New Orleans Bureau ofFinance, or any other government agency appointed to receive or managesuch funds by the 20thof each month. Vendors are required to submittheir pre-labeled copies of their City and State sales tax returns to the

Flea Market Office for the prior months sales. Sales Tax Returns may be
http://rev.louisiana.gov/sections/business/intro.aspxhttp://rev.louisiana.gov/sections/business/intro.aspxhttp://rev.louisiana.gov/sections/business/intro.aspx


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submitted via fax at (504) 596-3427 or in person or by e-mail. Vendorsmust include their name, sales tax account number and reporting monthto assure accurate posting.

A failure to submit these forms on time may result in a loss ofassignment pursuant to Section VII.F.

6. Vendor Identification Card:Once an applicant has obtained an application, Occupational License, and therequisite City and State Sales Tax certificates, the applicant must return thenecessary forms to the Market office in order to rent a space and obtain a VendorIdentification Card, as described in Section III.There is a $25.00 annual charge for a Vendor Identification Card that must bepaid for in cash pursuant to Section II.B. A new vendor applicant must obtain a

Vendor Identification Card pursuant to the policies and procedures set forth inSection III.

B. PAYMENTS BY VENDORSAll rental payments or other fees due shall be made in cash or by credit card for the first28 days beginning on the first day the new vendor rents a space in the market. After theinitial 28-day period, the vendor may make payments by personal check. If a vendor hastwo (2) returned checks on account of non-sufficient funds within a calendar year, vendorwill only be allowed to make payments with cash or by credit card.

III. VENDOR AND EMPLOYEE IDENTIFICATION CARDSA. VENDOR IDENTIFICATION CARDS

1. Requirement to Wear Vendor Card and Present VendorCard When Signing-In or Paying for Space:

Vendor cards should be worn and visible at all times by all vendors unless specialarrangements are made with market management. Vendor cards must bepresented when transacting business with market office and as requested byFrench Market staff.

2. Cost:A vendor card must be purchased for $25.00 each calendar year. A replacementvendor card may be purchased for $25.00.

When a Vendor I.D. card is purchased after October 1stof any given year, thiscard will be valid through December 31stof the following year. However, it willbe the responsibility of the vendor to retrieve the new calendar years I.D. cardupon finalization of their Occupational license at the Market Office.


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3. Application Process:All vendors are required to apply for and obtain a Vendor Identification Card.

Vendor Card Denial:

Vendors/applicants will be denied a Vendor Identification Card in the followingcircumstances:

1. Vendors/applicants requisite application and vendor card materialsare not in order; or

2. Vendors/applicants proposed merchandise is on the list ofprohibited goods (See Section V.C); or

3. Vendors/applicants proposed merchandise falls within amerchandise class that has already reached its established limited(See Appendix D).

4. Card Information:Each Vendor Identification Card will display the following information:

a) Front Side1. Vendors FirstName and Initial of Last Name2. Expiration Date3. Vendor Number4. Vendor Photograph

b) Back SideVendors Full Name

5. Vendor Card Replacementa) Lost or Damaged Vendor Card:

If a vendor loses his or her Vendor Identification Card or the VendorIdentification Card is damaged to the extent that it is illegible, theVendor will be required to purchase a replacement card at a cost of$25.00.

b) Malfunctioning Vendor Card:A Vendor Identification Card will be replaced at no charge to vendor ifthe magnetic strip/barcode does not work, provided that the VendorIdentification Card does not show any visible signs of damage.

6. Vendor Card Expiration and Renewal:All Vendor Cards expire on December 31st of each calendar year.


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Vendor Cards may be renewed beginning January 1 of each calendar year. Inorder to renew a Vendor Card the Vendor must provide proof of a renewed

occupational license for that calendar year and city and state taxes must be paidup to date on the submission of all sales tax returns and copies thereof pursuantto Section II.5.c.

B. EMPLOYEE IDENTIFICATION CARD1. Employee Identification Card Requirement

Any vendor having any employees, including family members, age 16 or oldermust obtain an Employee Identification Card for each employee. Vendors mustprovide documentation that there is an employee relationship between the vendor

and the individual that the vendor wishes to obtain an Employee IdentificationCard for. Vendor must provide the employees valid drivers license orequivalent form of government-issued picture identification.

Employee Identification Cards must be worn and visible at all times by allvendors employees unless special arrangements are made withmarketmanagement. Employee Identification Cards must be presented when transactingbusiness with market office and as requested by French Market staff.

2. Employees 16-18 Years of Age:In order to obtain an Employee Identification Card, all employees aged 16 to 18

years must provide proof of an employment certificate or work permit issued bythe superintendent of parish schools of the parish where the minor resides.

3. Employees Under 16 Years of Age:No person under the age of 16 will be issued an Employee Identification Card.

4. Cost:Each Employee Identification Card must be purchased at the Flea Market Officefor a fee of $25.00 per card.

5. Card Information:Each Employee Identification Card will display the following information:

a) Front Sidea) Employees FirstName and Initial of Last Nameb) Date of Issuec) VendorsFirst Name and Initial of Last Name


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d) Vendor Numbere) Employee photograph

b) Back SideEmployees Full Name

6. Employee Limitations:The following rules and restrictions apply to vendorsemployees and EmployeeIdentification Cards:

a) No vendor will be allowed to hold an Employee Identification Card foranother vendor.

b) No vendor will be permitted to have more than three employees at anyone time.

c) No person will be allowed to hold an Employee Identification Card formore than two vendors at any one time.7. Employee Identification Card Expiration:

Employee Identification Cards will expire when:

a) The card is returned to the French Market Office by the vendor oremployee upon termination, whether voluntary or involuntary, of theemployees services;

b) A vendors revocation of right to sell in the market; orc) Upon the determination by any level of government or government

agency that the employee cannot legally work.

C. EMPLOYEE IDENTIFICATION CARD RENEWALAt the beginning of each calendar year, all vendors are required to renew all employeeidentification cards for all returning employees.

D. FAILURE TO WEAR OR PRESENT VENDOR OR EMPLOYEEIDENTIFICATION CARDS

Any Vendor or Employee failing to visibly wear at all times or present when transactingbusiness with the market office or as requested by French Market their Identification

Card will be given a warning notice. Once a vendor or employee has been given threewarning notices, it will be presumed that the vendor or employee has lost his or heridentification card and the employee or vendor will be required to purchase a replacementcard before being allowed to rent a space and/or work in the market, unless specialarrangements with market management have been made. Continual violation of thispolicy may result in other disciplinary action up to and including suspension and /orexpulsion.


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IV. VENDOR DOCUMENTATIONAll Vendors will be required to maintain the following documentation with market management:

1. A copy of a valid and up to date drivers license or government issued photoidentification;

2. The vendors current address and telephone number; and3. Copies of the vendors occupational license and state and sales tax registration

forms.4.

V. MERCHANDISE CONTROLA. REVIEW OF VENDORS AND MERCHANDISE OFFERINGS

In order to maintain and control merchandise and sales in the market, a complete reviewof approved vendors and their product offerings shall take place every two (2) years. Ifan item is approved for a vendor to sell, they have the right to sell it in the market. Saidreview will include consideration of new product offerings and reported sales. Thereview will be conducted by the Ad Hoc Committee.

B. PROHIBITED MERCHANDISEAll Vendors are prohibited from selling the following merchandise or providing thefollowing services while conducting business on French Market property:

1.

Martial arts equipment, possession of which is illegal for the purchaser. Thisincludes but is not limited to chukka sticks, throwing stars, brass knuckles andpithing instruments;

2. All knives, carving knives, daggers, bayonets, swords and the like, including theconstituent parts of same, in addition to those prohibited by law but not includingtable knives, defined as those knives which are designed and manufactured to bepart of a pattern or set of flatware table service made of silver or silver-plate.These table knives shall be displayed along with forks, spoons and other flatware.

3. Firearms, ammunition and their constituent parts or replicas thereof, includingbut not limited to air rifles, air pistols and BB guns. None of this is meant toprevent the sale of toys;

4. Drugs, drug paraphernalia, and mood altering substances;5. Fireworks;6. Tattoo and massage services;7. Explicit sexual material;8. Products made from endangered species;9. Consumable items or food products, including fast food, sold outside of the

Farmers Market area (does not apply tovendors that were approved to sell fastfood prior to fast food being prohibited in the market);

10.Any sound reproductions, including but not limited to tapes, videos, records,DVDs, or CDs, produced without the express permission of the owner, in accord


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with LA. R.S. 14:223;11.Any counterfeit trademark items, in accord with LA. RS 14:229;12.Switchblade knives, spring knives, and other knives or similar instruments

having a blade which may be automatically unfolded or extended from a handleby manipulation or a button, switch, watch or similar contrivance;

13.Any personal service which involves touching of the customer by the vendorwith his or her hands or any hand held device or by any animal, domestic orwild, with the exception of face painting and/or the application of temporaryhenna tattoos;

14.Any personal service which requires the display, performance and other use of adomestic or wild animal;

15.Live animals;16.Use or trial by customer of amusement rides and/or exercise equipment;17.Surgical tools;18.Duplication of License Plates or Government-Issued Photo IDs;19.Phone cards;20.Professional Advisors, Solicitation for other businesses or services;21.T-shirts (does not apply to vendors that were approved to sell t-shirts prior to t-

shirts being prohibited in the market and/or by law).

C. SALE OF ITEMS RESTRICTED BY LAWRestricted items are those items which require license or other permit from some level ofgovernment in order to engage in the sale of said items. To the extent that no other lawsor Corporation policies restrict or prohibit their sale, these items will be permittedprovided that the vendor can produce the appropriate licenses and permits. These itemsinclude but are not necessarily limited to the sale of alcoholic beverages, tobacco and

tobacco products, and grocery items and/or packaged food products

VI. DISPLAY REGULATIONSA. ELECTRICITY POLICIES

1. Vendors with stalls in rows A - D may use electric outlets adjacent to their stalls.Usage shall be limited to one (1) standard grounded outdoor extension cord pervendor unless express authorization from market management is obtained. Theoutdoor cord shall not rest on the ground, in an aisle, or otherwise constitute asafety hazard. Total load allowed per duplex receptacle must not exceed 1800

total wattage for the 20 ampere circuit. Connection of multi-outlet powerstrips/extension cords to the above mentioned extension cord is subject to marketapproval.

2. Vendors are prohibited from the use of the markets electrical service except asprovided for in section VI.A.2. or with the express written permission of Marketmanagement.

3. Light bulbs over 100 watts, heaters, microwave ovens or other large appliancesare strictly prohibited.

4. No vendor may modify or tamper with Market electrical wiring or boxes or enter


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the electrical room under any circumstances unless expressly authorized byMarket Management.

5. For the purposes of these policies and procedures, a plug is defined as a singlereceptacle, so that each electrical box has two plugs. Multiple plugs may not beused in a single receptacle unless authorized by management.

B. DISPLAY LIMITSTables, other elements of merchandise display, or the conducting of sales shall not extendbeyond the limits of the stall painted on the ground.

C. HEIGHT RESTRICTIONSDisplay equipment and merchandise must be exhibited in accord with the followingheight restrictions:

1. In rows A, B C and D, in the area between the front line of each stall and aline parallel to and 30 inches back from the front line, display equipmentshall not be higher than 36 inches and merchandise shall not be higher than48 inches, measured from the ground. The front of an individual stall is thelongest side touching an aisle. A stall is one individual rental space.

2. In rows A, B, C and D, in the remaining area of the stall not defined inSection VI.C.1, neither merchandise nor display equipment shall be higherthan 72 inches from the ground. No merchandise or display shall be attachedto the beam or other French Market equipment or property.

3. In the rows in the lot, neither merchandise nor display equipment shall behigher than 72 inches, measured from the ground. This height restriction

does not apply to canopies that are provided for in Section VI.D. Nomerchandise or display shall be attached to French Market equipment orproperty.

4. Lights may exceed the height restrictions in Sections VI.C.1 and VI.C.2 withthe following restrictions:

a) All lights must be hooded or shaded;b) No part of a light shall be within 18 inches of the front of the stall;

andc) Merchandise or display equipment that is attached to lights shall be

governed by the height restrictions in Sections VI.C.1 and VI.C.2and all other applicable rules and restrictions.

D. CANOPY RESTRICTIONS1. Vendors in Rows A, B, C and D shall be restricted from using or displaying of

any canopies and their supporting poles.2. Poles supporting canopies shall not be placed in or block aisles.


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3. Canopies may overhang the aisle in the Lot only and must be at least 84 inchesabove the aisle, measured from the ground in the middle of the aisle. Canopiesmust not impede or obstruct in any way the aisle area below 84 inches.

4. Drops shall not be lowered from any sides of a canopy except during rain.5. All canopies must comply with the New Orleans Fire Department guidelines. Acopy of the guidelines may be obtained directly from NOFD.

E. SIGNAGEAll signs and signage must conform to Vieux Carre Commission standards as applicable.

F. DISPLAY SET UPVendors who have rented spaces have until 10:00 a.m. to complete stall setup. A failureto follow this rule will result in the loss of the use of the space(s) rented for the day and

will be treated as a late vendor.

G. DISPLAY REMOVALVendors are required to leave their stall as they found itEMPTY AND PICKED UP.In order to maintain a full presence of Vendors in the Market, Vendors may not beginremoving displays or merchandise earlier than 4 p.m., unless prior arrangements have

been made with management. Any and all of Vendors merchandise, valuables, vehicles,tables, chairs, equipment, signage, decoration, display equipment, and trash must beremoved from the Market each evening, unless prior arrangements have been made withmanagement. Any Vendor items remaining on Market property after closing will beremoved and discarded.

If display setups are left in unpaid stalls, there will be a financial penalty as follows:

1sttime penalty will equal the cost of stall where the display setup remains.2ndtime penalty will be double the cost of the stall where the display setup remains.3rdtime penalty will result in permanently not being allowed to leave display setup.

H. MIDNIGHT CLOSINGSThe Market Vendors will have the option to close at Midnight on the following days:1. The Friday prior to New YearsDay through New Years Day or the Day of the

Sugar Bowl football game, whichever is later;2. The Thursday prior to Mardi Gras through Ash Wednesday;3. The Thursday through Monday of Super Bowl weekend when the game is played

in New Orleans;4. The Friday through Sunday of the French Quarter Festival;5. The Friday through Sunday of the Tomato Festival;6. The Saturday and Sunday each weekend from the week before Thanksgiving

through the last week prior to Christmas;


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7. On a one time occurrence by the Executive Director in consultation with the AdHoc Committee and Vendor Committee; and

8. On a regular basis as voted upon and approved by the Board of Directors.I. RAINCHECKS

1. Rain checks in the form of a credit will be issued for Rows E through L before11:00 a.m. if precipitation is occurring or has occurred.

2. Rain checks will be issued for Rows A through J before 11:00 a.m. if driving rainis reaching the area where the merchandise is placed.

3. Rain checks will be issued for all vendors before 11:00 a.m. if the ambienttemperature is above 95 degrees or the wind chill is below 32 degrees.

J. VENDORS SELLING RECORDED MUSIC AND/OR ACOUSTICMUSICAL INSTRUMENTSVendors selling recorded music and/or acoustical musical instruments must conform tothe following restrictions:

1. Persons in the immediately adjacent stalls must be able to conversewithout raising their voices above a normal, conversational level.

2. The music or instrument must not be audible at a distance greater thantwelve (12) feet from the stall where it is originating. This distance is to

be measured from the location of the instrument or point of the musicsorigin.

3. Music played must be limited to music offered for sale at the time themusic is being played.

4. The playing of music or acoustical musical instruments must ceasewhenever the Vendor leaves the stall.

VII. STALL SELECTION PROCESSA. RENTAL REQUIREMENT

Rental of a stall on a market day allows an individual to sell in the market.Anyone, with or without a vendor card, found to be selling in the market withoutrenting a stall will be asked to leave the market.

B.

QUARTERLY SENIORITY-BASED STALL SELECTION PROCESS

1. Stall Assignment:Vendors will be offered a selection of locations as made available by Management. Thepool of available spaces will be determined by Market Management.

2. Length of Assignment:Vendors will be assigned a space for 3 months from the time of assignment.


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3. Vendor Restrictions:Vendor weekly assignments will be subject to the following restrictions:

Market Management reserves the right to restrict or otherwise designate certain spaces

for special event/ promotional uses from time to time.

4. Presence at Assignment DrawingTo qualify to select a spot in the processes of Sections VII.B.1-3, the Vendormust be in attendance at the drawing. Anyone qualified to participate but whofails to do so in person at the time their name is called an assignment must obtaina stall assignment through alternate processes herein established.

C.

NUMBER OF STALLS

1. Rows A, B, C, and D StallsA Vendor may select up to two (2) stalls in Rows A, B,C, or D. These stalls shallnot be in the same row but must be in consecutively lettered and have the samenumber. For example, a Vendor seeking two stalls in rows A, B, C, or D may beassigned stalls A82 and B82, but cannot be assigned stalls A82 and A83 or stallsA82 and C82 or stalls A82 and D17.

2. Lot StallsThe Lot consists of Rows E through L. A Vendor may rent up to four (4) stalls

in the Lot. These stalls must be adjacent to each other.

D. RENTAL PAYMENTS FOR ASSIGNED STALLSPayments for space must be made in full on a weekly basis for all days which anassignment is held the following week no later than 3:00 p.m. on the preceding Saturday.Vendors must make all rental payments for all assigned stalls in person and must presentthe Vendor Identification Card at the time of payment. A Vendors failure to pay on timeis subject to loss of assignment up to the remainder of the selection period.

E. DAILY SCAN IN PROCEDURE1. Scan In Time:

Monday through Sunday: 7:00 a.m.8:30 a.m.

2. Scan In Requirement:All Vendors with a reserved stall(s) or stall(s) temporarily assigned must scan inevery morning they wish to rent their stall(s) at the Market Office. Any Vendorwho fails to scan in by the time designated in VII. E.1. will lose the use of his or


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her stall(s) for that particular day. Such vendors may obtain a stall using the latevendor procedure provided for in Section VII.G.5. There will be no specialexceptions or arrangements to this rule.

3. Who May Scan In:A vendor must scan in personally, or an employee of record may scan-in up tothirty (30) days per calendar year in the vendors absence. At scan-in the vendoror employee must present his or her Vendor or Employee Identification Card.

4. Employee Scan In:An employee may only sign in for one Vendor per day.

F. LOSS OF ASSIGNMENTA Vendors particular stall assignment may be lost with the occurrence of one of

the following events:1. Vendor voluntarily surrenders one or more days of their assignment in writing;2. The Vendor has taken more leave than allowed under Section VIII;3. Vendor fails to pay for his or her assignment on time;4. Vendor has been late or fails to rent on 50% or more of his or her assignments

in one calendar month;5. Vendor fails to submit copies of the City and State sales tax returns in the Flea

Market Office for the prior month of sales pursuant to Section II.A.5.c.;6. A Vendor fails to timely submit accurate sales taxes due to the City of New

Orleans and State of Louisianas Department of Finance, or any other appropriate

government agency;7. A Vendor fails to rent his or her reserved stall for at least six (6) days within theprevious calendar month.

G. DAY STALL PROCESS1. Morning Sign-In:

Each morning any Vendor not having a stall assignment for that particular daymay personally sign-in to indicate their desire to rent a stall for the day.

2. Sign-In Times:A Vendor without a reserved stall for a particular day must sign in and indicatetheir desire to rent a stall within the following times:

Monday through Sunday: 7:00 a.m.8:30 a.m.

3. Vendors:Vendors who may obtain a day stall through this process are any Vendor whodoes not have a stall assignment for that day, first time Vendors who have


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completed the New Vendor Application process of Section II, and Vendors whoelect to permanently surrender the stall(s) previously rented or assigned.

4. Stall Assignments:Any vacant stalls will be awarded to those Vendors who have timely signed inaccording to tenure.

5. Late Vendor Stall AssignmentAny vendor arriving after the scan-in/sign-in deadline shall sign in as a latevendor and will be allowed to select a vacant stall after all other vendors thatarrived on time have selected their space for that day.

H. ASSIGNMENT OF TEMPORARY VACANCIESThose stalls which are known to be vacant on any days during the following week byvirtue of the Vendor taking leave pursuant to the policies of Section X or because the stallis unassigned, will be rented according to tenure.

On any given day, after the Morning Process and Late Vendor Assignments,Vendors will be allowed to rent adjacent vacant spaces in order of tenure.

ADD ON OF SPACE

On any given day, after Morning Process and Late Vendor assignment, any spaces thatare available will be offered for sale. This would include the vendor with highest tenureadjacent to the empty space.

I. SWAPPING OR SUBLETTING OF SPACES STRICTLYPROHIBITED

1. Vendors may not swap or exchange their stall(s) with any other Vendor underany circumstances.

2. No Vendor may allow anyone, including another Vendor renting an adjacentstall, to set-up merchandise and sell from their stall. This prohibition covers anyand all cases, including those in which a stall is loaned or rented by one Vendor

to another.

VIII. VENDOR TENUREA. PURPOSE

In the Flea Market, tenure shall be used to establish a rank or order or precedence amongVendors, and will be used to make determinations and decisions as described herein


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including stall assignments

B. DEFINITIONTenure will be defined as the Vendors rank order among all Vendors and is expressedformally as the Vendors first rental date in the Market and, in the case of those arrivingon the same date, in order of appearance.

The vendor who is in the Market for the longest period of continuous time, taking leaveonly in accordance with the terms of Section IX, subject to all other policies andconditions being fulfilled and all other established criteria will be deemed to have thehighest tenure.

C. ACHIEVEMENT OF TENURE1. New Vendors:

All new Vendors shall have their tenure established as of the date they first rentin the market after obtaining their Vendor Card.

2. Vendors Who Previously Lost Tenure:All Vendors who have lost their prior tenure shall have their tenure establishedas of the first date they rent subsequent to the loss of their tenure. A Vendor whohas been previously dropped from the tenure list must submit proof from the Cityof New Orleans Department of Finance and the Louisiana Bureau of Revenueand Taxation that all sales taxes are current for the months the Vendor was out of

the Market in order to be allowed to continue to rent space, thereby establishing anew date of tenure.

D. MAINTAINING TENUREVendors must actively participate in the Market a minimum of 6 days within the previouscalendar month to maintain his/her tenure.

For the purpose of this provision, active participation shall mean, the Vendor isphysically present and vending during the entire market day.

E. LOSS OF TENURE1. Grounds for Loss of Tenure:

Loss tenure may result if any of the following occur:a) A Vendor fails to rent a stall for six(6) days within the previous calendar

month;b) A Vendor is denied the right to rent a stall for six (6) days within the

previous calendar month due to suspension or other discipline;


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c) Vendor expulsion; ord) A Vendor transfers his or her right to rent or sublets his or her stall(s) in

violation of Section X.A.3.

Determination by the market manager of a failure to comply with any of theabove shall result in a written notice of such failure delivered via US mail orhand delivery. Said notice shall include the process for appeal.

2. Exception:A Vendor will not lose tenure if the Vendors failure to rent a stall for six (6)days within the previous calendar month is done in accordance with the Leavepolicies and procedures contained in Section IX.

F. TENURE APPEAL PROCESSIf a vendor wishes to appeal a determination or loss of tenure or any decision or actiontaken by Market Manager based upon the Vendors tenure the following appealprocedure must be followed:

1. Written Request for Review:The Vendor must submit a signed, written request for tenure review to theMarket Manager. Such request will be submitted through a signed TenureAppeal Form, attached hereto as Appendix C. By signing the Tenure AppealForm, Vendor acknowledges his or her understanding of the appeal process, itsschedule, and the need for all documentation to be submitted within seven (7)calendar days of the request submission.

2. Executive Directors DeterminationWithin five (5) days upon receipt of the Vendor tenure appeal, the MarketManager will formulate and forward to the Executive Director a recommendedtenure determination with all the materials provided by the appellant Vendor.Within five (5) the Executive Director will approve, disapprove, or modify thisdetermination and forward his determination to the appellant Vendor.

3.Appeal to the Vendor CommitteeIf appellant Vendor is not satisfied with the Executive Directors determination,

the appellant Vendor shall state so in writing within five (5) days. The appellantVendor may choose to seek the Vendor Committees review and support forconsideration by the Ad Hoc Committee within 30 days of Staff's original actionfor recommendation to the Ad Hoc Committee at its next regular schedulemonthly meeting.


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4.Appeal to the Ad Hoc CommitteeUpon review of appellant Vendors appeal, the Vendor Committee shall make its

recommendation to the Ad Hoc Committee or if the Vendor does not seek theVendor Committees review or support, the Vendor can appeal to the Ad HocCommittee. The matter will then be brought before the Ad Hoc Committee at itsnext regularly scheduled monthly meeting. The Ad Hoc Committee will thenreview and formulate a tenure determination, which absent any expressed writtendissatisfaction, will become effective.

5.Appeal to the French Market Board of DirectorsIf a Vendor or the Vendor Committee objects to the Executive Directorsdecision, they may submit a request for review to the French Market CorporationBoard of Directors. Such a request must be submitted in writing within sixty(60) days of the Executive Directors decision.

6. French Market Board of Directors DecisionThe French Market Corporation shall consider a Vendors appeal at the nextregularly scheduled meeting of the Board provided the written request for reviewof the Ad Hoc Committees decision is received at least five (5) days prior to thescheduled meeting. Any request for review received less than five (5) days priorto the next regularly scheduled Board meeting shall be considered at the nextregularly scheduled board meeting thereafter. A decision by the Board ofDirectors regarding the objection to the Ad Hoc Committees decision shall berendered at the Board meeting unless deferred for good cause and shall be thefinal binding decision on the matter.

G. TENUREThe French Market Corporation reserves the right upon adequate notice to all vendorsand a vote of the Board of Directors to review the tenure system. The Board of Directorson an annual basis shall issue a statement indicating if it will continue the use of thetenure system.

IX. LEAVE POLICYA. ANNUAL LEAVE

1. Leave Eligibility:Annual leave, or vacation time, is available to all eligible Vendors.

2. Leave Time:Vendors who rent six (6) days in a calendar month and who abide by all

policies outlined herein will receive one occurrence of annual leave per


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calendar year. If the leave is for a period of less than 3 weeks, the vendors

stall selection will be maintained. If the leave is for a period of 3 weeks but

less than7 weeks, the vendors stall selection tenure will be retained. Vendor

must have maintained tenure in the month prior to taking the leave and mustmeet the requirements to maintain tenure in the calendar month upon return

from leave to have tenure maintained.

3. Use of Leave:Annual leave may only be used after completion of six months (twenty-sixweeks) of established tenure in the Market prior to the date the leave is taken.

All Vendors who have maintained a continuous market presence in accordance

with their assignments dating back to July 1, 2011, shall automatically be given

six weeks of annual leave beginning July 1, 2012.

4. Expiration of Leave:Accumulated leave days will expire at the end of each calendar year and may not

be carried over to the succeeding year.

5. Procedure:In order to take annual leave and preserve the Vendors rightsto his or herassignment and tenure, the Vendor must partake in the following procedure:

a) Notice:The Vendor must submit in writing a notice to MarketManagement that includes the first and last days of the Vendorsleave. A Vendors notice must be made by the Vendor inperson, except when a Vendor is requesting leave due toemergency or medical reasons and such notice may be given bya third party employee.

b) Notice Deadline:A Vendors notice of annual leave must be made no later thanthe deadline for rental payments for the first week during whichthe Vendors leave will occur. In the event of an emergency,leave must be given as soon as reasonably possible.

c)

Rental Payments:At the time that notice of annual leave is given, the Vendor isrequired to submit a payment for the first week or weekend theVendor wishes to return from leave. In the event that a Vendorwishes to return before the date of return provided on theVendors notice of annual leave, the rental payment shall be

credited and applied to the Vendors new date of return.


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6. Extended Leave:If a Vendor finds that he or she cannot return on the date

provided for in the notice, the Vendor may extend the requested amount of leavetime insomuch as the new date of return does not exceed the Vendors days ofleave beyond the allotted days of leave the Vendor has remaining. Any Vendorwishing to extend a leave period must provide Market Management with written

notice no later than 48 hours prior to the Vendors originally scheduled date ofreturn and must include the newly scheduled date of return, but not more than sixweeks.

7. Loss of Assignment and Tenure:A loss of assignment and tenure will occur if a Vendor is absent for a periodlonger than the allotted number of leave days provided herein.

8. Space Rental During Leave:During a Vendors period of leave, a Vendors right to rent space, whether it isthe Vendors assigned stall or a stall rented pursuant to the day stall proceduresof Section VII.H, will be suspended and cannot be transferred to any other party,including the Vendors employee, for the entire period the Vendor will be awayon leave.

B. GENERAL LEAVE1. Eligibility:

General leave is afforded to vendors to utilize as they wish throughout the yearwhile maintaining reservation for stalls selected in the Quarterly Seniority-

Based Stall Selection process. Vendors are awarded 30 days of general leave

per calendar year.

2. Expiration of Leave:Accumulated general leave will expire at the end of each calendar year and may

not be carried over to the succeeding year.

3. Application of Annual Leave Policies:If a Vendor wishes to take general leave, all policies and procedures for annualleave in Section IX.A apply except maintaining tenure.


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X. CONFLICT RESOLUTIONA.

PROCESS FOR COMPLAINTS

1. Written Complaint:Any Vendor with complaints regarding the actions of customers, other Vendors,Market personnel, the operation of the Market, including any disagreement withMarket policies, must submit a complaint in writing to the Market staff orManagement on duty. Written complaints must include the Vendors name andnumber. In the event that the complaint is regarding the actions of anotherVendor, the complaint must also provide the name and number of the complainedof Vendor. In the event that a Vendor does not know the name of the otherVendor being complained of, the Vendors stall assignment and the date of theincident may be provided. The written complaint must also indicate whether theVendor would like a written response from Management.

2. Market Response:The Market Management shall reply to any written complaint within seven (7)days of Managements response to any Vendor complaint will be in writing if theVendor makes such a request in the original written complaint. In the event thata request for a written response is not provided, Management will respond to thecomplaint in writing.

3. Request for Executive Director Review:If any Vendor feels that the Market response to a previously submitted writtencomplaint is unsatisfactory, the Vendor may request in writing that the ExecutiveDirector review the written reply which will be attached to the request for review.The Executive Director will respond in writing within seven (7) days of thecomplaint.

4. Director Review:Upon written request for review as described in Section X.A.3, the ExecutiveDirector may do one of the following: (i) uphold the original response; (ii)reverse the original staff response, (iii) determine that no action is required.Once the Executive Director has reviewed the complaint, the Executive Directorwill issue a written response. The vendor has the right to appeal to the Ad HocCommittee.

5. Occurrence of a Crime:In the event that a Vendor believes a crime has been committed, in addition to theabove complaint procedure, the Vendor should contact the New Orleans PoliceDepartment, the FMC security officer or contract security officers on duty at theMarket


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B. CHANGES IN POLICIES OR PROCEDURESAny Vendor wishing to request a change to these policies or procedures must submit awritten request to the Vendor Committee who may refer it to the Ad Hoc Committee.

XI. PROHIBITED VENDOR BEHAVIOR AND DISCIPLINESerious violations of Market policies and procedures may result in suspension or expulsion on aone-time occurrence.

A. OFFENSES RESULTING IN IMMEDIATE EXPULSION:Any Vendor committing or engaging in the following prohibited activities will face

immediate expulsion from the Market. Expulsion is defined as the immediate loss oftenure and assignment without the right to re-apply.

1. Physical CombatVendors are strictly prohibited from engaging in any physical combat, armed orunarmed, with any individuals, including but not limited to Market customers,other Vendors, Market staff, Market Management, any on duty New OrleansPolice Department officers, and any other security personnel hired by the Market.A violation of this policy will result in immediate expulsion from the Market.

2. Criminal OffensesVendors are strictly prohibited from engaging in any criminal or otherwise illegalactivities on Market property. Any vendor arrested under suspicion of a criminaloffense on market property will be subject to immediate suspension pending theoutcome of criminal charges. Any Vendor convicted of a criminal offense onMarket property will be subject to immediate expulsion.

3. Operating a Subleasing OperationVendors are strictly prohibited from subleasing their stall assignments to anotherVendor or other individual not registered as a Vendor. Any Vendor who believesa Vendor is in violation of this policy must submit a written notice to theExecutive Director pursuant to the Sublease Challenge Process, attached heretoas Appendix C. Any Vendor wishing to challenge an allegation that he or shehas been violating this procedure will follow the challenge procedures outlined inAppendix C.


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B. OFFENSES RESULTING IN WRITTEN REPRIMAND ANDSUBJECT TO OTHER DISCIPLINE

Any Vendor who commits the following infractions or violations shall be given a writtenreprimand and may be, at the discretion of the Market Management, subject to otherdiscipline.

1. Use of Vulgar, Offensive, or Abusive LanguageAll Vendors are prohibited from using vulgar, abusive, or otherwise offensivelanguage to customers, other Vendors, Market staff, or Market Management.Such prohibited language includes, but is not limited to threats of physical harmto any persons and/or their property.

Use of vulgar, offensive, or abusive language may also be subject to a

suspension of no more than eight (8) days, a loss of assignment, or an expulsionfrom the Market based upon the severity of the offense.

2. Destruction of PropertyAll Vendors are strictly prohibited from defacing, damaging, or destroying theproperty of customers, other Vendors, Market staff, or Management. A violationof this policy may also result in a suspension of no more than eight (8) days, aloss of assignment, or an expulsion from the Market based upon the severity ofthe offense.

3. Sale of Prohibited or Non Permitted MerchandiseAll Vendors are prohibited from displaying or selling merchandise that is notlisted on the vendors approved application as well as prohibited merchandisedescribed above in Section V. B. This prohibition includes the display of objectsor garments bearing souvenir messages or of T-shirt displays in excess of 33% oftotal display.

The sale of prohibited or non-permitted merchandise may also be subject to asuspension of no more than eight (8) days, a loss of assignment, or an expulsionfrom the Market based upon the severity of the offense.

4. Failing to Abide by Display and Electricity RegulationsAll Vendors are required to abide by the display and electricity regulationsprovided in Section VII. A Vendors failure to abide by the requisite displayregulations will result in a written reprimand and may also result in a suspensionof no more than eight (8) days, a loss of assignment, or an expulsion from theMarket based upon the severity of the offense. A vendor will receive a written


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reprimand after a third violation of the electricity policies and proceduresestablished in Section VI.A.

5. Animals in the MarketAll Vendors are prohibited from bringing or keeping animals of any kind, exceptfor service animals trained to provide assistance to an individual with a disability.The bringing or keeping on animals on Market grounds will result in a writtenreprimand and may result in a suspension of no more than eight (8) days, a lossof assignment, or an expulsion from the Market based upon the severity of theoffense.

6. Responsibility for Minor ChildrenAll Vendors shall be responsible at all times for their minor children and theactions of their minor children. A Vendors failure to be responsible for the

actions of minor children will result in a written reprimand, and a Vendor mayalso be subject to a suspension of no more than eight (8) days, a loss ofassignment, or an expulsion from the Market based upon the severity of the

offense. A Vendor will also be subjected to discipline for their minor childrensviolations of the Markets policies and procedure.

7. Processing, Producing, or Packaging Toxic MaterialsVendors are strictly prohibited from displaying, offering for sale or bringing intothe Market for any reason, any materials labeled as toxic. Vendors are strictlyprohibited from processing or packaging any materials labeled as toxic, fromproducing any waste product from the processing or packaging of a product

which is not labeled as toxic but which causes or could cause an environmentalproblem such as dust, shavings, hair, or similar potential airborne contaminants.Vendors are also strictly prohibited under this policy from tanning or otherwise

processing leather. A Vendors who violates this policy will be subject to awritten reprimand and may also be subject to a suspension of no more than eight(8) days, a loss of assignment, or an expulsion from the Market based upon theseverity of the offense.

8. Playing MusicVendors are strictly prohibited from playing acoustical or electrical musicalinstruments or from transmitting music, messages, or other sounds by radio

television, tape player, compact disc player, phonograph, MP3 player, iPod, orother mechanical or electrical instrument or device except through the use ofearphones. This policy applies to all Vendors and their employees, except thoseVendors selling recorded music and/ or acoustical musical instruments inaccordance with the policies and procedures of Section VI.L.

Any Vendor in violation of this policy who is not selling recorded music and/oracoustical musical instruments will receive a written reprimand and may also be


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subject to a suspension of no more than eight (8) days, a loss of assignment, or anexpulsion from the Market based upon the severity of the offense.

Any Vendor who is selling recorded music and/or acoustical musical instrumentsbut is in violation of the policies and procedures of Section VI.L will receive awritten reprimand and may also be subject to a suspension of no more than eight(8) days, a loss of assignment, or an expulsion from the Market based upon theseverity of the offense.

C. DISCIPLINE PROCEDURE1. Notification:

Vendors who are in violation of the above Market policies will be first notified oftheir violation within forty-eight hours of the violation.

2. Violation Appeal:Vendors wishing to appeal any disciplinary actions enforced for a violation ofMarket policies may present their argument in writing to the market managerwithin seventy-two (72) hours of said notice of violation.

3. Executive Directors DeterminationWithin not more than five (5) days upon receipt of the Vendorsappeal, theMarket Manager will formulate and forward to the Executive Director arecommended tenure determination with all the materials provided by the

appellant Vendor. The Executive Director will approve, disapprove, or modifythis determination and forward his determination to the appellant Vendor.

4. Appeal to the Ad Hoc CommitteeIf appellant Vendor is not satisfied with the Executive Directors determination,the Vendor shall state so in writing within five (5) days. The matter will then bebrought before the Ad Hoc Committee at its next regularly scheduled monthlymeeting. The Ad Hoc Committee will then review and formulate adetermination, which absent any expressed written dissatisfaction, will becomeeffective.

5. Appeal to the French Market Board of DirectorsIf a Vendor or the Vendor Committee objects to the Ad Hoc Committeesdecision, they may submit a request for review to the French Market CorporationBoard of Directors. Such a request must be submitted in writing within sixty(60) days of the Ad Hoc Committees decision.


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6. French Market Board of Directors DecisionThe French Market Corporation shall consider a Vendors appeal at the next

regularly scheduled meeting of the Board provided the written request for reviewof the Ad Hoc Committees decision is received at least ten (10) days prior to thescheduled meeting. Any request for review received less than ten (10) days priorto the next regularly scheduled Board meeting shall be considered at the nextregularly scheduled board meeting thereafter. A decision by the Board ofDirectors regarding the objection to the Ad Hoc Committees decision shall berendered at the Board meeting unless deferred for good cause and shall be thefinal binding decision on the matter.

7. Exception:The above process will not be in effect when there is a threat to life and/orproperty.

XII.VENDOR COMMITTEEA. PURPOSE

Each year the Vendors will elect a committee to represent themselves. The business ofthe committee will be to serve in an advisory capacity to the Executive Director of theFrench Market Corporation and to communicate the concerns of the Vendor communityto the Executive Director, the Flea Market Director and the Board of Directors of theFrench Market Corporation.

B. COMPOSITIONThe Vendor Committee will consist of twelve members and two alternates who arecurrently active Vendors in good standing with the Corporation. In order to be in goodstanding, a Vendor must not have been expelled or suspended from the Market for thetwo years prior.

C. TERM OF OFFICEEach Vendor Committee will serve a term of office of one year beginning at the nextregularly scheduled Vendor Committee meeting following the electing and ending at the

next regularly scheduled Vendor Committee meeting following the election of newcommittee. Each elected member will serve for the entire term of office of the committeeto which he was elected.


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D. ELECTION PROCESS1. Nominations:

Nominations for candidates of the Vendor Committee shall be made in accordance withthe following policies:

a) Nominations Period:Each year nominations will take place for a period of nine daysbeginning of the second Saturday in May. Under no circumstances willnominations be accepted after the close of the nomination period.

b) Who May Nominate:Only Vendors may make nominations.

c) Who May Be Nominated:Only Vendors may be nominated for the Vendor Committee.

d) Number of Nominations:Each Vendor may nominate no more than twelve (12) vendors per eachelection year.

e) Making Nominations:All nominations must be in writing and submitted to the Flea MarketOffice staff. Vendors shall be required to present their Vendor

Identification Cards in order to submit nominations.

f) Nominations List:At the beginning of each day an updated list of nominated Vendors willbe posted in the Flea Market office. .

g) Declining Nominations:Vendors who wish to accept a nomination to the Vendor Committeemust do so in writing to the Flea Market staff within two (2) days of theclose of the nomination period.

2. Balloting:At the end of the nominations period, balloting for the VendorCommittee will take place in accordance with the following policies andprocedures:

a) Balloting Period:Balloting will take place each year for a period of nine days beginning onthe fourth Saturday in May.


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b) Issuing of Ballots:The Flea Market Staff will issue ballots during the balloting period only.In order to obtain a ballot, each Vendor must present his Vendor

Identification Card and sign a list Each Vendor will be given only oneballot. Under no circumstances will ballots be issued after the close ofthe balloting period.

c) Ballot Submission:Ballots must be returned to a ballot box located in the Flea MarketOffice. The responsibility of security for the ballot box will be sharedbetween the current Vendor Committee and the Market staff. Under nocircumstances will ballots be submitted after the close of the ballotingperiod.

3. Counting of Ballots:At the end of the balloting submission period, the ballots will be counted in orderto determine the results of the elections in accordance with the followingprocedures:

a) Public Counting of the Ballots:The ballot box will be opened and the ballots counted within five days ofthe close of balloting, at a public meeting to be held at the time and placedesignated by the Executive Director.

b) Counter of Ballots:The ballots will be counted by representatives of the current VendorCommittee, the Flea Market Office staff, and the office of the ExecutiveDirector of the French Market Corporation.

c) Results:When all of the ballots are counted, the twelve Vendors with the largestvote totals will be elected to the new Vendor Committee and the twoVendors with the next largest vote totals will be elected first and secondalternates.

4. Runoff Elections:a) Need for Runoff Elections:

Runoff elections will be necessary should there be a tie vote for twelfthplace for the final place on the Committee; the thirteenth place for thefirst alternate position; or fourteenth place for the second alternateposition.

b) Balloting Period:Balloting for a runoff election will be held for a period of nine (9) days


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beginning on the first Saturday after the counting of the ballots in thegeneral election.

c) Issuance, Casting, and Counting of Ballots:Ballots in any runoff election will be issued, case, and counted inaccordance with all applicable aspects of the general election.

E. DUTIES AND RESPONSIBILITIES

1. Vendor Committee Monthly Meetings:The Vendor Committee shall meet each month at a regularly scheduled time andplace to be decided by a majority vote of the Committee.

2. Vendor Committee Special MeetingsIn addition to the regularly scheduled monthly meetings, the Vendor Committeemay hold other special meetings as they see fit at a time and place to be decidedby a majority vote of the Committee.

F. VENDOR COMMITTEE CHAIRMAN1. Election:

At the first meeting of the new Vendor Committee each year, the new Committeemembers will hold a vote to elect a Committee Chairman and such other officersas they see fit. The Committee member earning a majority of the votes will beelected to the position of Committee Chairman.

2. Duties of the Chairman:The elected Chairman of the Vendor Committees duties and responsibilitiesshall include but are not limited to:

a. Act as the presiding officer of the Committee meetings;b. Represent the Vendor Committee at the Ad Hoc Committee, the Real

Estate Committee and the French Market Board of Directors;c. Be available to consult with the Executive Director or the Flea MarketManager at their request; and

d. Be available to contact the Executive Director or Flea Market Manager atthe request of the Vendor Committee.


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G. TERM VACANCIES1. Creation of Vacancies:

Vacancies on the committee will be created only in the case of demise of amember or the resignation of a member.

2. Committee Member Resignation Submission:If a Committee Member wishes to resign from his elected position, he or shemust submit his resignation in one of the following manners:

a. In writing to the Chairman of the Vendor Committee; orb. Verbally in a meeting of the Vendor Committee

3. Majority Approval:A Vendor Committee members resignation must be accepted by a majority voteof the Vendor Committee in order to create a vacancy on the committee.

4. Filling of Vacancies:During the term of office for any committee, the first two vacancies shall befilled by the two alternates elected. The third and all subsequent vacancies willremain unfilled.

XIII. DEMISE OF VENDORA.

NON TRANSFERABLE, ASSIGNABLE, OR INHERITABLEASSIGNMENT

Upon the demise of a Vendor, any tenure and stall assignment(s) held by that Vendorshall automatically cease as the right to rent in the Market is non-transferable, non-assignable, and non-inheritable subject to the provisions of this section that provide forfor temporary assumption of a demised vendors tenure and stall assignment for thepurpose of liquidating merchandise.

B. CONTINUATION OF VENDOR TENUREThe Corporation will continue to maintain the deceaseds tenure for a period of twenty -

eight (28) days beginning the day after the Vendors death, provided tenure has not beenlost due to a failure to apply for leave for any absence prior to the Vendors demise.

C. DECEASED VENDORS STALL ASSIGNMENTIf the deceased Vendor held a stall assignment in force at the time of the Vendorsdemise, the Market will rent out the stall(s) formerly assigned to the deceased each dayfor that day only in accord with the Section VII.I until the expiration of the same 28 day


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period or until a family, dependent, or business associate earns the right to take thedeceased Vendors place pursuant to Section XII.E.

D. ADVANCE RENTAL PAYMENTSThe rent, for any days for which rent has been paid in advance, for a period beginning the

day after the Vendors demise, shall be held pending any family,dependent, or businessassociates assertion to take the deceased Vendors place in the Market pursuant toSection XII.E. If the right to take the place of deceased Vendor is granted, the rent heldshall be credited toward any stall rent due through the exercise of this right.

E. FAMILY, DEPENDENTS, OR BUSINESS ASSOCIATES RIGHT TOTAKE DECEASED VENDORS MARKET PLACE

1. Policy:In consideration of the needs of the deceased Vendors family, dependents, orbusiness associates, the Corporation establishes herein a process by which thefamily, dependents, or business associates may request the right to take thedeceased Vendors place on a temporary basis to liquidate merchandise held bythe demised vendor under the following conditions approved by marketmanagement on a case-by-case basis.

2. Written Notice:Any deceased Vendors family member, dependent, or business associate whowishes to take the place of the deceased in the Market must submit written notice

of such intent to the Market Management. Notice must include proof of therelationship, proof of possession of merchandise, and any other informationnecessary to support the request.

3. Time of Notice:Notice of a Vendors family, dependent, or business associates intent to take theplace of a deceased Vendor must be filed within twenty-eight (28) days of the

Vendors demise. If no request is filed during this period, the deceaseds tenureand assignment shall expire.

4. Procedure:Upon receipt of written notice from a deceased Vendors family member,dependent, or business associate, the following procedure will be followed todetermine whether or not the individual may take the deceased Vendors place inthe Market:

a) The Executive Director shall respond to the individual making therequest in writing and shall specify any additional information he or she


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may deem appropriate to support the request. After receipt and review ofthe request and supporting information, the Executive Director shallmake a determination.

b) At the discretion of the Executive Director, the request may be eitherapproved or denied. If approved, the individual shall have the right touse the tenure and the assignment, if any, of the deceased Vendor for aperiod of twenty-eight (28) days, beginning the day after the approval ofthe request.

5. Occupational License and Sales Tax Registration:It is expressly understood that anyone receiving the right to take the place of adeceased Vendor shall obtain an occupational license and sales tax registration intheir own name prior to their first day in the Market.

6. Tenure and Assignment:Any individual granted the right to take the place of a deceased Vendor shall notearn tenure in their own name through the exercise of this right. If such anindividual is a Vendor, they must continue to follow all policy requirements tomaintain their own tenure and the assignment.

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Flea Market Policy Revised and Adopted 5.28.2013 Final

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