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INTRODUCTION
The Orange County Market Place , America's most
unique swap meet, is a celebrationof food, fun, value and the entrepreneurial
spirit. With some two million visitors eachyear, the Orange County Market Place
has grown to become the centerpiece of theOrange County outdoor shopping
experience.
The Orange County Market Place , founded in 1969, is owned and operated by
TelPhil Enterprises, Inc. and is located on the Orange County Fairgrounds in
Costa Mesaat Fair Drive and the 55 Freeway. The Orange County Market Place
operates everySaturday and Sunday of the year except during the Orange County
Fair in July. Inaddition to the weekends, the Orange County Market Place holds
special holidayevents in late November and late December. Operating hours for
the general public arefrom 7:00 a.m. to 4:00 p.m.
With over 1100 merchants and nearly 4 miles of walking aisles, the selling
areaextends over 20 acres. Adjacent to the selling area, are 40 acres of
available parking.While most parking is free, the Orange County Market Place
does offer "PreferredParking" near an entrance for a nominal fee. The general
public is charged a fee foradmission to the selling area but active duty U.S.
Military Personnel and children under12 years of age are admitted free.
A kaleidoscope of people, cultures, sights and sounds, the Orange County
MarketPlace is a day of adventure and festivities for all who pass through its
gates. Eachweekend, merchants offer an eclectic range of merchandise and
services; originalartwork, embroidery, automobiles, fresh fruits and
vegetables, international breads,clothes, pianos and even on-site haircuts.
Visitors are also treated to liveentertainment from local musicians, as well as
a vast array of quality, freshly preparedfood and beverage items sold in quick
service restaurants. These food and beverageoperations are owned and operated
by Tel Phil Enterprises, Inc. and are locatedthroughout the Orange County
Market Place selling area.
The Orange County Market Place takes pride in offering its customers and
sellers asafe, clean and enjoyable environment. Security and emergency medical
services areprovided during operating hours and aisles are kept free of debris
by maintenancepersonnel. "Directories" of sellers and products are made
available to customers, andcustomers may also use the "Merchant Information
Services" at the Directory Boothto locate a particular product or seller. The
Orange County Market Place does provideInformation Services at the Information
Booth to assist customers and sellers withquestions, lost and found items,
missing persons and general information.
The Orange County Market Place selling area consists of approximately 1,500
selling spaces that are approximately 15' x 27' in size. The space size is
designed to accommodate merchandise, displaymaterial, and the seller's vehicle.
Double and triple space assignments may be available for large displays and
vehicles.
There are presently a number of selling programs that sellers at the Orange
County Market Placeparticipate in (see Section IV). The programs and procedures
are outlined in the following OperatingProcedures. As a first time seller to
the Orange County Market Place, the "Overflow", "Telephone Reservation", or
"Priority Monthly Reservation" programs are suggested. Please read the
procedures carefully, for they must be followed.
A wide variety of goods and services may be sold and offered at the Orange
County Market Place;however, some items and services are not permitted or
restricted (see Section II, Items 4.0 and 5.0).All services, "food meant for
consumption off the premises" and some other items, require priorwritten
approval. The sale of food items by sellers for consumption on the premises is
not allowed.
All sellers at the Orange County Market Place are required to have certain
documents prior to selling.These include:
(A) Seller's Permit in the seller's personal name
with the business address of88 Fair Drive, Costa Mesa, CA 92626 (see Section
II, Item 9.0),
(B) Driver's license or other government issued I.D. card with photograph,
(C) General liability insurance (see Section II, Items 11.1 and 11.2),
(D) Product liability insurance that meets the requirements of the OrangeCounty
Market Place for all approved "food meant for consumption off the
premises"sellers,
(E) A Health Permit issued by the Orange County Health Care Agency approving
sales at the Orange County Market Place for all approved "food meant for
consumption off the premises" sellers (see Section II, Item 8.8),
(F) Other certain goods and services (i.e. cosmetics, skin care, motorized
vehicles, etc.) may require product liability insurance and/or higher limits.
The policy of the Orange County Market Place is to
offer 100% customer satisfactionto all customers. We feel that by sellers
providing 100% customer satisfaction we willmaintain and promote our customer
base.
The following Operating Procedures provide further information and
clarification of theabove requirements. Please read the Operating Procedures
carefully for they must befollowed. In addition to all space fees and insurance
fees, all sellers at the OrangeCounty Market Place are required to pay a
nominal fee for Merchant Services as wellas any other applicable fees. All
current daily fees (space fees, insurance fees,Merchant Services fees, and any
other applicable fees) are available at the InformationBooth on the weekends or
by calling the corporate office Monday thru Friday between the hours of 9:00
a.m. and 5:00 p.m. (see Appendix A).
The following information and Operating Procedures have been developed by Tel
PhilEnterprises, Inc. over the more than 30 years it has operated the Orange
CountyMarket Place and have greatly added to the success of the Orange County
MarketPlace. It is important that you read, understand and follow these
OperatingProcedures. Operating Procedures that are not followed will result in
processing delaysand may interfere with the operation of the Orange County
Market Place. If you haveany questions regarding the following Operating
Procedures, please contact anInformation Representative at the Information
Booth any Saturday or Sunday or contact the Corporate Office any Monday through
Friday, excluding holidays.
We look forward to your participation in the Orange County Market Place.
SECTION I
MOST OFTEN ASKED QUESTIONS
These are some of the most often asked questions
about the Orange County Market
Place and they are included here to help explain the Operating Procedures which
follow. To the extent any of the answers provided to the questions may be
inconsistent with the Operating Procedures, the Operating Procedures shall
control.
1.0 HOW DO I START SELLING AT THE ORANGE COUNTY
MARKET PLACE?
(A) Clearly define what you plan to sell. Some
goods and services cannot be sold or arerestricted (see Section II, Items 4.0
and 5.0).
(B) Obtain a Seller's Permit in your personal name with the business address of
88Fair Drive, Costa Mesa, CA 92626 (see Section II, Item 9.0).
(C) Call the Reservation Line, (714) 977-5360 (see Section IV, Item 2.0), on
theTuesday prior to the weekend on which you plan to sell.
(D) If you are unable to make a Telephone Reservation we suggest that you try
theOverflow Program (see Section IV, Item 1.0).
When you are ready to sell you will need to bring the following items with you
to the Orange CountyMarket Place:
(A) Your Seller's Permit in your personal name with the business address of 88
Fair Drive, Costa Mesa, CA 92626 (see Section II, Item 9.0),(B) Your annual
insurance certificate that names Tel Phil Enterprises, Inc. as additional
insured. For Permittees not requiredto have an annual insurance certificate
daily insurance is availablefor purchase at the Orange County Market Place (see
Section II,
Items 11.1 and 11.2),
(C) Driver's license or other government issued I.D. card with photograph,
and(D) All applicable fees in cash. Exact change is required (see SectionIII).
2.0 WHAT AM I ALLOWED TO SELL AT THE ORANGE
COUNTY MARKET PLACE?
The Operating Procedures Section II, Items 4.0 and 5.0, explain those
itemswhich are prohibited or restricted and those items which require prior
writtenapproval to sell.
3.0 WHAT IS THE SIZE OF THE SPACES?
The spaces are approximately 15 feet wide (frontage) by 27 feet deep.
Thespace size is designed to accommodate the seller's vehicle, display material
andmerchandise. The space boundaries are marked in blue (using the symbols
"+","T", or "L"). All display material, merchandise, and the seller's vehicle
must bewithin these boundaries at all times. This includes set up time, selling
time, andtear down time. Permittees are not permitted to do business outside
the assigned space.
4.0 HOW MANY VEHICLES CAN I BRING INTO THE
SELLING AREA OF THE ORANGE COUNTY MARKET PLACE?
One (1) vehicle and one (1) connected trailer per seller may enter the
Orange County MarketPlace. No parking in the aisles is allowed at any time, and
no driving inside the OrangeCounty Market Place Selling Area is allowed during
days of operation other than by aPermittee entering or exiting his or her
assigned space. Based upon your specific space requirement, double and triple
space assignments may be available. All display material and merchandise must
be in the vehcle when entering the Orange County Market Place. There is no
restocking of merchandise or carrying in display material or merchandise.
5.0 WHAT DOES IT COST TO SELL AT THE ORANGE
COUNTY MARKET PLACE?
All current daily fees (space fees, insurance fees, Merchant Services
fees, and any otherapplicable fees) are available at the Information Booth on
the weekends or by calling thecorporate office Monday thru Friday between the
hours of 9:00 a.m. and 5:00 p.m. (seeAppendix A). Bid space minimums and
Advanced Space Sales locations and pricing are alsoposted at the Information
Booth.
6.0 IS THERE ELECTRICITY AVAILABLE IN THE
SPACES?
Electricity is available in some spaces; however, the availability is
very limited. Spaces withelectricity may only be obtained, if available, by
submitting a written request to the CorporateOffice (see Appendix B).
Generators, invertors, or batteries may be used as alternativemeans of
generating power, but only if the noise or fumes do not create complaints
fromother Permittees, buyers, or Orange County Market Place management. If
generators are usedyou may not refuel the generator while at the Orange County
Market Place. In addition, youmust have an approved fire extinguisher (minimum
type 2A 10BC) in a readily accessiblelocation while any alternative power
source is in use. There is no guarantee that electricitywill be available in
any given space in the future, whether or not it is presently available, noris
there a guarantee that you will be able to use generators in the future.
7.0 WHAT DO I DO WITH MY EMPTY BOXES, PACKING
MATERIALS AND TRASH?
There are no trash facilities available to vendors at the Orange
County Market Place. Thetrash containers in the aisles are for the customers'
use only. You must dispose of your ownboxes and trash and your space must be
free of trash and debris when you leave at the endof the day (see Section II,
Item 17.0).
8.0 WHAT IS THE SPEED LIMIT AT THE ORANGE
COUNTY MARKET PLACE?
The maximum speed limit at the Orange County Market Place is 3 MPH.
The speed limitmust be followed at all times when entering and leaving the
Orange County Market Place.When driving to your space and when exiting at the
end of the day, exercise extreme cautionand watch for pedestrians.
9.0 WHAT HAPPENS IF I MISS MY RESERVATION?
If you are a Daily Telephone Reservation or Walk-up Reservation
Permittee, a processingfee for each day missed will be assessed and must be
received in the Corporate Office by thefollowing Thursday. Cash payment on the
morning of the event will also be accepted (seeSection III, Item 5.0).
10.0 IF I HAVE A QUESTION, SUGGESTION OR
CONCERN WHILE I AM AT THE ORANGE COUNTY MARKET PLACE, WHOM
SHOULD I CONTACT?
You may contact an Orange County Market Place representative at the
Information Booththroughout the day. If you are unable to meet with a
representative at the Information Booth,the Manager or Assistant Manager of
Operations is available every Saturday and Sunday,from 3:30 p.m. to
approximately 4:00 p.m. near the attendance meter at the Main Snack Bar.
11.0 WHAT DO I DO IN CASE OF AN EMERGENCY
SITUATION?
Contact an Orange County Market Place employee as soon as possible
soassistance can be obtained to handle the emergency. Emergency MedicalServices
and Sheriff Deputies are located on the premises to handle most emergencies. If
additional help is needed, they will contact the properauthorities. If you do
call 911 immediately contact Orange County Market PlaceManagement so they know
the location of the accident and can grant properaccess to all Emergency
Personnel or Emergency Vehicles. In the case of aserious emergency, listen to
announcements made over the Public AddressSystem. If any action is required on
the part of the vendors, instructions will be announced over the Public Address
System.
12.0 WHAT IS THE PROCEDURE ON DAYS OF INCLEMENT
WEATHER?
The Orange County Market Place opens every Saturday and Sunday
regardless of the weatherconditions. Weather conditions are rarely so severe
that closure of the Orange CountyMarket Place becomes necessary (see Section
II, Item 21.0).
13.0 HOW DO I BECOME A "PERMANENT" SELLER?
Although there are no "permanent" sellers at the Orange County Market
Place, you mayapply for a "monthly" space after selling three times as a daily
seller. The application canbe obtained at the Information Booth along with
information about our other programs (seeSection IV, Item 9.0).
14.0 WHAT IS THE ORANGE COUNTY MARKET PLACE
LOOKING FOR IN A MONTHLY SELLER?
(A) You must offer 100% customer satisfaction.
(B) You should have signs that show value is being offered.
(C) You should involve the customer and make your operation a fun experience
for the customer.
(D) You should have a plan to conceal your vehicle.
(E) You should offer for sale unique items not commonly found in the retail
trade.
(F) For more details refer to Section IV, Item 9.0.
15.0 AFTER SUBMITTING MY MONTHLY APPLICATION,
HOW LONG WILL IT BE BEFORE I AM ISSUED A MONTHLY SPACE?
There is no set time. Spaces are issued on an "availability"basis
only. All applications are considered by the ReviewCommittee and your
application will be kept on file for six months. You will be notified if your
application is approved.
16.0 WHAT DO I NEED TO DO TO EXPAND TO A DOUBLE
SPACE OR AN ADDITIONAL LOCATION AS A MONTHLY SELLER?
Double spaces and additional locations are issued on an "availability"
basis only.You must have enough product and variety of product for the
increased spaceor location. You must also meet the criteria listed in Section
IV , Item 9.0 (B). Your request must be in writing and must be sent to the
Corporate Office.
17.0 WHAT IF I REPRESENT A CORPORATION AND WANT
TO USE MY CORPORATE SELLER'S PERMIT?
The Orange County Market Place requires individuals to purchase space
at theOrange County Market Place in the individual's personal name. That
individualis required to hold a Seller's Permit in his or her personal name.
There areinstances where individuals who represent corporations may be allowed
to usea Corporate Seller's Permit at the Orange County Market Place, but
theindividual must still purchase the space in his or her personal name.
To be eligible to use a Corporate Seller's Permit, the individual must
beemployed by the corporation and submit in writing the following items to the
Orange County Market Place Corporate Office (see Appendix B):
(A) A copy of the corporation's Corporate Seller's Permit with anextension from
the State Board of Equalization naming a business address of 88 Fair Drive,
Costa Mesa, CA 92626 [see Section II,Item 9.0 (C)],
(B) A copy of the corporation's Articles of Incorporation,
(C) The most recent copy of the corporation's Statement of Information or
Statement By Domestic Stock Corporation, listing the current officers of the
corporation, and
(D) A letter on the corporation's corporate letterhead authorizing a maximum of
two individual Permittees to use the corporation'sCorporate Seller's Permit
(see Section II, Item 10.0).
Section II - Rules and Regulations
1.01 "PERMITTEE" DEFINED
Space will be assigned only to one (1) individual seller and only in
thatindividual's personal name (the "Permittee").
2.0 OPERATING PROCEDURES MUST BE FOLLOWED
Tel Phil Enterprises, Inc. reserves the right in its sole discretion
to refuseassignment of space to any Permittee and to approve or disapprove of
anymerchandise. Permittees are expressly prohibited from taking any action
whichinterferes with the operation of the businesses of other Permittees or
theoperation of the Orange County Market Place. The failure of any Permittee
tocomply with these Operating Procedures, and any amendments hereto,
couldresult in the Permittee being asked to leave that day and/or the denial of
futurespace assignment. Management further reserves the right in its sole
discretionto decline any application or withhold any invitation to reapply for
daily ormonthly space assignments.
3.0 OPERATING PROCEDURES ARE SUBJECT TO CHANGE
Operating Procedures, including fees, terms and conditions, are
subject tochange without notice. The Permittee agrees to comply with all such
changes.It is the responsibility of the Permittee to obtain a copy of the
current OperatingProcedures. Current copies of the Operating Procedures may be
obtained at theInformation Booth during operating hours or on the Orange County
Market Placewebsite.
The headings within these Operating Procedures are for reference only,and shall
not be deemed to alter or affect any of the OperatingProcedures themselves.
Furthermore, no employee, agent, orrepresentative of Tel Phil Enterprises, Inc.
may amend or grant exceptionto these Operating Procedures unless done so in
writing and inaccordance with these Operating Procedures. Appendices are
forinformational purposes only and are not part of the Operating Procedures.
4.0 PROHIBITED ITEMS
Space is assigned solely for the display, sale, and/or exchange of
approvedmerchandise or services. The Orange County Market Place, in its sole
discretionreserves the right to prohibit the display, sale, and/or exchange of
any item orservice. Items or services which are prohibited and may not be sold,
displayed,or advertised include, but are not limited to, the following:
(A) Alcoholic beverages,
(A) Food items designed to be eaten on the premises,
(B) Medicines, drugs, vitamins, health supplements, diet aids and other
similarhealth aids,
(C) Hash or water pipes, roach clips, or other paraphernalia commonly used
orassociated with the use of any illegal drug, including marijuana or any
otherform of drug or narcotic,
(D) Pornographic items, adult magazines such as Playgirl, Playboy,
Penthouse,Hustler, adult calendars, or other materials which depict or portray
personsin the nude; and items that in the sole opinion and discretion of the
OrangeCounty Market Place are objectionable to a family environment,
(E) Guns, weapons, or ammunition of any kind (including but not limited to
toyguns, water guns, B-B guns and cap guns),
(F) Mylar balloons,
(G) Live pets or animals of any description,
(H) Endangered species' products of any description,
(I) Any item or service, the manufacture, use or sale of which
constitutesinfringement of any valid patent, trademark or copyright of another,
or anycounterfeit item or items involving a misrepresentation of any kind,
(J) Illegal merchandise of any kind,
(K) Piercing or tattooing of any kind,
(L) Any other item or service which in the sole and absolute discretion of
theOrange County Market Place may be hazardous or otherwise objectionable.
5.0 RESTRICTED ITEMS
Space is assigned solely for the display, sale, and/or exchange
ofapproved merchandise or services. The Orange County Market Place, in its sole
discretion reserves the right to restrict the display, sale, and/orexchange of
any item or service. Items or services which are restrictedand which require
prior written approval of the Orange County MarketPlace include, but are not
limited to, the following:
(A) Fruits, vegetables, candy, gum, beverages, and
all other food products mayonly be sold and packaged as "food meant for
consumption off the premises",
(B) Tobacco products of any kind,
(C) Any consumable products that are meant to be ingested or enter the
humanbody,
(D) Any item designed to be consumed or ingested by animals or pets,
(E) All services,
(F) All items that require special orders or deposits to be taken,
(G) Items for sale or services that would necessitate physical contact between
the seller and the customer,
(H) Entertainment or games to be played or participated in by the public,
(I) Video tapes, prerecorded tapes, cassettes, reel to reel tapes,
DVD's,compact discs, computer software, video games, or any copyrighted media
as it now exists or may be developed,
(J) Temporary tattoos of any kind,
(K) Any creams, lotions, perfumes, etc. that are applied to the skin,
(L) Any motor driven passenger vehicles,
(M) Yo-yo's, and/or
(N) Swords or knives other than kitchen/household knives.
(O) Anything that is designed to be ridden (i.e. skates, Rollerblades,
bicycles,scooters, etc.)
6.0 PRIOR WRITTEN APPROVAL
To obtain the prior written approval of the Orange County Market
Place, a lettermust be submitted to the Orange County Market Place (see
Appendix B) andaddressed to the Operations Manager. In the letter, please
introduce yourselfand the product, explain exactly how you plan to operate at
the Orange CountyMarket Place, and detail what value is going to be offered to
the customer. Theapproval process takes approximately two (2) weeks. Be sure to
include yourname, address, and phone number so you can be contacted.
7.0 GRANTING OF EXCLUSIVES
The Orange County Market Place believes in the value of competition
among ourPermittees, and therefore will not grant a right to any Permittee to
be theexclusive seller of a particular product or service. The Orange County
MarketPlace, however, reserves the right to enter into agreements with any
parties toexclusively provide goods or services to the Orange County Market
Place or toits Permittees to be utilized in the operation of the Orange County
Market Placeor intended to benefit the Orange County Market Place as a whole
(for example,security, medical services, information services, cleaning
services, etc.).
8.0 VARIOUS LEGAL REQUIREMENTS
8.1 Permittees shall comply with all Federal, State, and local
statutes orordinances, especially as they relate to consumer protection
andconsumer transactions. Such statutes include, but are not limited to, the
following:
(A) California Consumer Legal Remedies Act (Civil Code Section 17501784
regarding prohibited methods, acts and practices);
(B) California Penal Code Section 351a (regarding misrepresentationof goods as
those other than the true manufacturer, etc.);
(C) California Penal Code Section 537e (regarding sale of items withaltered or
obliterated serial or I.D. number);
(D) California Penal Code Section 653h (regarding unauthorized saleof sound
recordings);
(E) The Song-Beverly Consumer Warranty Act (California Civil CodeSections
1790-1795.7);
(F) California Home Furnishings Act (Business and Professions CodeSections
19000-19221);
(G) Magnuson/Moss Warranty-Federal Trade Commission Act (15 U.S.C. Sections
2301-2312);
(H) California Consumers Affairs Act (Business and Professions CodeSections
300-337);
(I) California Business & Professions Code Section 21666
(regardingproviding receipts);
(J) California Civil Code Section 1723 (regarding refunds).
Failure to comply with any statute or ordinance as determined in the
solediscretion of management shall constitute grounds for denial and/or
termination of daily or monthly space permits and all rights there under.
8.2 Appropriate forms for reporting personal
property for sale at the OrangeCounty Market Place may be obtained from the
Information Booth ifneeded. Currently, all daily Permittees who have new, used,
orremanufactured merchandise for sale that has a readily identifiable serial
number must fill out the appropriate forms and return them to theInformation
Booth before the close of the business day.
8.3 Any person desiring to engage in the sale of
taxable merchandise at theOrange County Market Place must hold a valid
California State Board of Equalization Seller's Permit (see Section II, Item
9.0). This permit must be displayed inside the selling space of the Permittee.
8.4 Only ground space is provided to Permittee for
the display, sale and/orexchange of approved merchandise by Permittee;
Permittee is not anemployee, subcontractor or otherwise an agent of Tel Phil
Enterprises,Inc. dba Orange County Market Place.
8.5 Each Permittee's status as an occupant of
ground space at the OrangeCounty Market Place premises is that of a Permittee
only and not as atenant, licensee, or other form of permissive user.
8.6 Each Permittee agrees that Tel Phil
Enterprises, Inc. dba Orange CountyMarket Place is not responsible for the
loss, theft or damage of Permittee's property or merchandise.
8.7 Any product sold by weight or volume must be
weighed or measured ona scale or other type of device approved by the
California Department of Agriculture, Division of Weights and Measures and have
a currentcertificate of registration and seal of accuracy issued by the
Division. This includes all items prepackaged by Permittee which are sold
byweight or volume.
8.8 Each Permittee who has been authorized by Tel
Phil Enterprises, Inc. tosell "food meant for consumption off the premises" is
required by theOrange County Health Care Agency to obtain a health permit
approvingfood sales at the Orange County Market Place. All Permittees
mustdesignate their business address as 88 Fair Drive, Costa Mesa, CA92626, on
the health permit.
8.9 Each Permittee agrees to pay to Tel Phil
Enterprises, Inc. dba OrangeCounty Market Place reasonable attorneys' fees and
costs incurred by itshould legal action be instituted by reason of Permittee's
failure tocomply with these Operating Procedures or to enforce any of
theprovisions hereof.
8.10 Each Permittee assumes full responsibility for
any injury to persons orproperty resulting from the display, sale, exchange or
use of Permittee'smerchandise, vehicles, equipment, or other property; or of
the assignedground space occupied by Permittee and/or Permittee's employees
oragents. Permittee further agrees to indemnify Tel Phil Enterprises, Inc.dba
the Orange County Market Place, and its officers, directors,employees,
attorneys and agents from all liabilities, claims, and damages,and to hold them
free and harmless therefrom, and to defend them atPermittee's sole expense,
against all such liabilities, claims and damages.
9.0 SELLER'S PERMITS
Any person desiring to engage in the sale of taxable merchandise at
theOrange County Market Place must hold a valid California State Board
ofEqualization Seller's Permit (the "Permit").
(A) Certain types of merchandise, such as fresh produce, dairyproducts, and
other food products sold for consumption off the premises are exempt from sales
tax and Permittees are notrequired to hold a Permit. Certain services, and the
display ofcertain services being offered, may also be exempt from sales tax and
Permittees may not be required to have a Permit. IfPermittees have any
questions regarding whether a Permit isrequired, they should call any local
State Board of Equalizationoffice (see Appendix A).
(B) In lieu of a Permit, Permittees may be required to provide a written
statement issued by the State Board of Equalization stating that they are not
offering for sale any item or service that is taxable under the California
Sales and Use Tax Law.
(C) All Permittees must designate their business address as 88 FairDrive, Costa
Mesa, CA 92626, on the Permit. No other addresswill be accepted. This is
necessary so that the City of Costa Mesa will receive its share of the sales
tax revenue. Since a Permitteecannot receive mail at this address, Permittee
must also list Permittee's mailing address with the State Board of
Equalization.
(D) All Permits must be in the PERSONAL NAME (not a businessname) of the
individual Permittee in whose name the space isissued.
(E) The Permit, or the written statement of exemption, must be kept in
Permittee's posession at all times while on the Orange CountyMarket Place
premises and must be presented for inspection byOrange County Market Place,
State Board of Equalization, or law enforcement personnel if requested.
(F) Permittees who do not obtain a Permit from the State Board ofEqualization
will be refused space assignments for the sale oftaxable merchandise until such
time as a Permit is obtained.
(G) The Orange County Market Place currently pays city license feesfor all
sellers. Therefore at the present time a city license for anindividual
Permittee is not required.
10.0 CORPORATE SELLER'S PERMITS
The Orange County Market Place requires individuals to purchase spaceat the Orange County Market Place in the individual's personal name. That individual is required to hold a Seller's Permit in his or her personalname. There are instances where individuals who represent corporationsmay be allowed to use a Corporate Seller's Permit at the Orange CountyMarket Place, but the individual must still purchase the space in his or herpersonal name.
(A) To be eligible to use a Corporate Seller's Permit, the individual must beemployed by the corporation and submit in writing the following items tothe Corporate Office of the Orange County Market Place (see AppendixB):
1) A copy of the
Corporate Seller's Permit with an extension from theState Board of Equalization
naming a business address of 88 Fair Drive, Costa Mesa, CA 92626 [see Section
II, Item 9.0 (C)].
2) A copy of the corporation's Articles of Incorporation,
3) The most recent copy of the corporation's Statement of Information or
Statement By Domestic Stock Corporation, listing the current officers of the
corporation, and
4) A letter on the corporation's corporate letterhead authorizing a maximum of
two individual Permittees to use the corporation's Corporate Seller's Permit.
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(B) Permittees who do not obtain a Permit from the
State Board ofEqualization will be refused space assignments for the sale of
taxablemerchandise until such time as a Permit is obtained.
(C) The Orange County Market Place currently pays city license fees for
allsellers. Therefore, at the present time, a city license for an individual
Permittee is not required.
11.0 LIABILITY INSURANCE REQUIREMENTS
11.1 Each Permittee assumes full responsibility for any injury to
persons orproperty resulting from the display, sale, exchange or use of
Permittee'smerchandise, vehicles, equipment, or other property; or of the
assignedground space occupied by Permittee and/or Permittee's employees
oragents. Permittee further agrees to indemnify Tel Phil Enterprises, Inc.dba
the Orange County Market Place, and its officers, directors,employees,
attorneys and agents from all liabilities, claims, and damages,and to hold them
free and harmless there from, and to defend them atPermittee's sole expense,
against all such liabilities, claims and damages.
11.2 All Permittees shall provide evidence of insurance protecting the
legalliability of Tel Phil Enterprises, Inc. from occurrences as to bodily
injuryliability, property damage liability, personal injury liability, and
contractualliability which are limited to the operations of the Permittee.
(A) Each Permittee shall provide Tel Phil Enterprises, Inc. with an"original"
certificate of insurance, lawfully transacted, which setsforth the following
information:
(1) That Tel
Phil Enterprises, Inc., its agents, officers, servantsand employees are made
additional insureds, but only insofar as the operations at the Orange County
Market Place, 88 Fair Dr., Costa Mesa, CA. 92626.
(2) The dates of inception and expiration of the insurance.
(3) The named insured must be either the Permittee to whom the space is issued,
or if the named insured is a company, the Permittee must also be listed as an
additional insured.
(4) The amounts of liability coverage of not less than $1,000,000 per
occurrence/$1,000,000 general aggregate annually (where an aggregate limit is
applicable to thepolicy), for all hazards (including contractual liability and
completed operations), for all damages caused by personal injury, bodily
injury, and property damage. Limits of$1,000,000 per occurrence/$1,000,000
general aggregate per specialty or food vendor for all damages caused
bypersonal injury, bodily injury, property damage, including products and
contractual liability. All Permittees selling consumable items are designated
specialty vendors andneed product liability coverage. All Permittees selling
othergoods and services (i.e. cosmetics, skin care, motorized vehicles, etc.)
are designated specialty vendors and require product liability insurance and/or
higher limits.
(5) The insurance policy or certificate of insurance must statethat it will be
primary, and not contributory, with any insurance purchased by Tel Phil
Enterprises, Inc. for its own operations.
(6) A statement by the insurance company that it will not cancel said policy or
policies without giving 30 days prior notice to the insured and to Tel Phil
Enterprises, Inc.
(7) The insurance carrier must be rated by the A.M. Best Company, and hold a
rating of at least "B+," in the financial category VI or higher.
(8) The Permittee's policy must cover all negligent acts of the Permittee
occurring as a result of its operations at the Orange County Market Place. No
limitations will be accepted.
(9) A standard ACORD certificate of insurance evidencing these insurance
requirements must be provided to Tel Phil Enterprises, Inc., (for mailing
address see Appendix B).
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(B) IN ADDITION, TEL PHIL ENTERPRISES, INC., IN
ITS SOLE DISCRETION MAY REQUIRE HIGHER LIMITS AND/OR ADDITIONAL COVERAGE FOR
SUCH ACTIVITIES OR PRODUCTS AS IT MAY DEEM NECESSARY.
(C) If you are a:
(1) Monthly\Bid\Corporate\Modular Showroom Space Permittee - You must have a
current annual certificate of insurance that meets our requirements on file at
all times in order to sell.
(2) Daily Reservation or Advance Space Purchase Permittee - One of the
following methods may be used:
(a) Have a current annual certificate of
insurance that meets our requirements on file in our office.
b) Use "daily" certificates that have been purchased from an agent offering
these certificates for use at the Orange County Market Place.
(c) Purchase a "daily" type policy at the Orange CountyMarket Place on the day
that you wish to sell.
(3) Daily Overflow Permittee - One of the following methods may be used:
(a) Attach a photocopy of your annual
certificate of insurance to the Application for Daily Ground Space Use Permit
each day you sell at the Orange County Market Place. Your annual certificate of
insurance must meet ourrequirements. Please note that we will keep this
photocopy for our records, sowe suggest that you have a back-up supply on hand
as we are unable to make photocopies for you at the Orange County Market Place.
This procedure will be followed even if you already have an annual certificate
of insurance on file in our office.
(b) Use "daily" certificates that have been purchased from an agent offering
these certificates for use at the Orange County Market Place.
(c) Purchase a "daily" type policy at the Orange County Market Place on the
daythat you wish to sell.
12.0 INFORMATION and
GUEST SERVICES
The Information and Guest Services Booth is staffed
by Market Place Representatives who can assist withemergencies, missing
persons, new seller information and other general information. Questions
regarding sellerand product locations are referred to Merchant Information
Services located at the Directory Booth. Posted at the Information and Guest
Services Booth is information regarding new programs, changes in programs, and
general information concerning the operation of the Orange County Market Place.
All forms, applications, Ombudsman Procedures and
Operating Procedures are available at the Information Booth. Monthly Space
payments accompanied by the MonthlyInvitation Renewal Cards and Priority
Monthly Reservation processing fees accompanied by Priority Monthly Reservation
Applications may be accepted at the Information Booth if accompanied by a
cashier's check or money order for the exactamount owed.
13.0 OPERATING PROCEDURES CONCERNING SPACES
13.1 Assigned space is for the sole, exclusive, and
personal use of the individual Permittee to whom the space is assigned. The
Permittee agrees by payment of ground space fees to personally occupy and
attend to the assigned space at all times during operating hours and to abide
by these Operating Procedures. The Permittee may not assign the ownership,
management, or operation of the Permittee's assigned space to another party
without prior written approval of Tel Phil Enterprises,Inc. Permittees found
not to be personally occupying the assigned space may be subject to the
assessment of additional fees and/or loss of selling privileges.
13.2 Sharing of space is not permitted except by prior written approval of
theOrange County Market Place.
13.3 Space may not be sold, assigned, or transferred by the Permittee andmay
not be occupied by any other person in place of the Permittee, whether or not
affiliated with the Permittee, without prior written approval of Tel Phil
Enterprises, Inc.
13.4 In the event that management approves another individual to temporarily
occupy a space in lieu of the Permittee, the Permittee understands and agrees
that the approved individual is acting as an agent of the Permittee and that
the Permittee remains responsible for the Permittee's space and all actions of
the Permittee's agent and employees while they are at the Orange County Market
Place.
13.5 Space sizes are approximately 15 feet wide (frontage) x 27 feet deep.Other
non-conforming space may be assigned.
13.6 All spaces are assigned on a day-to-day or month-to-month basis only.
There are no spaces assigned on a permanent basis. Prepayment of dailyor
monthly space fees, Merchant Services fees, insurance fees, and/or any other
applicable fees does not establish any right to a space beyond the day or month
for which payment was made.
13.7 Only the vehicle which is personally occupied by the Permittee will be
admitted to the selling area.
13.8 No exchanging of spaces is permitted. No refunds, rain checks, or re-entry
passes will be authorized.
13.9 All selling spaces are marked. Space boundaries are marked in blue(using
the symbols "+", "T", or "L"). All display material, merchandise, and the
seller's vehicle must be within these boundaries at all times. This includes
set up time, selling time, and tear down time. Permittees are not permitted to
do business outside the assigned space.
14.0 SETTING UP
14.1 No parking in the aisles is allowed at any time, and no driving
inside the Orange County Market Place Selling Area is allowed during days of
operation other than by a Permittee entering or exiting his or her
assignedspace. For the safety of everyone at the Orange County Market Place,the
maximum speed limit at the Fairgrounds is always 3 MPH.
14.2 A Permittee may not set up without first installing protective devices
(i.e. rubber caps) on canopy poles, table legs, display racks, chairs, etc. to
prevent damage to the asphalt surface. This means that a protective device must
be in place before the pole or table is raised or set up. Paper, cardboard,
carpet, and carpet scraps may not be used as protective devices. Any Permittee
who sets up without protective devices or with inadequate protective devices
may be asked to take down and remove all or part of the Permittee's display,
assessed a fee, and/ordenied future space assignments.
14.3 All merchandise must enter with the Permittee and must remain withinthe
space(s) assigned. No re-supplying or deliveries to the Permittee, nor
exchanging of merchandise with another seller, is permitted at the Orange
County Market Place.
15.0 OPERATING
15.1 Loud music, sounds or noises which can be heard outside a
Permittee's assigned space will not be allowed without prior written approval
of management.
15.2. Each Permittee is responsible for the actions of the Permittee's
employees and/or associates working with the Permittee.
15.3 Permittee's employees, and/or agents are to park in the designated area
only (corner of Fairview Road and Fair Drive).
15.4 A Permittee may only occupy the space(s) which has been assigned to
Permittee. Permittees who relocate from their assigned space(s) without
authorization from the Orange County Market Place Manager will beassessed a
minimum fee of $100.00 for the unauthorized move, and future space assignments
to the Permittee may be denied.
15.5 It is the Permittee's responsibility to ensure that all poles, tarpaulins,
signs, display materials, merchandise, and any other items be adequately
secured at all times in such a manner to avoid causing any injury or damage to
persons or property under any type of weather conditions.
16.0 ELECTRICITY
Electricity is available in some spaces; however, the availability is
very limited. Spaces with electricity may only be obtained, if available, by
submitting awritten request to the Corporate Office (see Appendix B).
Generators, invertors, or batteries may be used as alternative means of
generating power, but only if the noise or fumes do not create complaints from
other Permittees, buyers, or Orange County Market Place management. If
generators are used you may not refuel the generator while at the Orange County
Market Place. In addition, you must have an approved fire extinguisher (minimum
type 2A 10BC) in a readily accessible location while any alternative power
source is in use. There is no guarantee that electricity will be available in
any given space in the future, whether or not it is presently available, nor is
there a guarantee that you will be able to use generators or alternative means
of generating power in the future.
17.0 TRASH
Each space shall be kept clean at all times and all Permittees are
required to taketheir trash with them when they leave. The trash containers in
the aisles are for customers' use only. If a Permittee's space is found to be
dirty or trash is left behind, or a Permittee's trash is found in a trash
container provided for the customers' use, a minimum fee of $100.00 will be
assessed to the Permitteeand future space assignments to Permittee may be
denied. The management ofthe Orange County Market Place appreciates your
efforts in helping us keep the aisles and open areas near your space clean for
our customers. We take great pride in providing a safe and clean environment
for sellers and customers of the Orange County Market Place.
18.0 EXITING
The Orange County Market Place officially closes at 4:00 p.m. each day
and Permittees are encouraged to stay in full set up operation until that time.
Permittees will not be allowed to leave their space prior to 4:00 p.m.
Permittees attempting to leave their space prior to 4:00 p.m. without the
authorization of Orange County Market Place management may be assessed a
minimum fee of $100.00 and future space assignments to the Permittee may be
denied. No parking in the aisles is allowed at any time, and no driving inside
the Orange County Market Place selling area is allowed during days of operation
other than by a Permittee entering or exiting his or her assigned space. All
Permittees must leave the premises by 5:00 p.m.
(A) When leaving assigned space(s), Permittees must drive slowly andsafely
toward the nearest exit. Drive only in the aisles and not through selling
spaces, occupied or empty. Pedestrians have the right of way. Do not sound
vehicle horns. The maximum speed limit at the Orange County Market Place is 3
MPH (see Section II, Item 19.5).
(B) A Permittee may leave the Orange County Market Place prior to 6:15 a.m. if
the Permittee decides for any reason not to sell for that day. In order to
leave, the Permittee desiring to leave prior to 6:15 a.m. must contact the
Orange County Market Place representative in charge of Operations to receive a
safe escort out of the Orange County Market Place.
(C) If an emergency arises requiring a Permittee to leave after 6:15 a.m. but
prior to 4:00 p.m., the Permittee must contact and obtain the approval of the
Orange County Market Place representative in charge of Operations who will
arrange for a safe escort to the nearest exit.
19.0 OPERATING PROCEDURES CONCERNING BEHAVIOR
19.1 No alcoholic beverages can be brought into or taken out of the
Orange County Market Place premises.
19.2 Solicitation, and the distribution, or circulation of flyers, written
materials, or any advertising materials are not allowed outside of a
Permittee's assigned space without prior written approval of Tel Phil
Enterprises, Inc. Only materials directly relating to a Permittee's merchandise
and/or business at the Orange County Market Place may be distributed from the
Permittee's assigned space.
19.3 No skateboard riding, bicycle riding, scooter riding, motorcycle riding,
roller skating, in-line skating, or similar activity which might endanger other
persons or property is allowed at the Orange County Market Place. For the
safety of everyone Permittees that sell this type of merchandise must inform
the customers of the policy at the time of sale.
19.4 No pets or other live animals are permitted inside the selling area of the
Orange County Market Place or in parked vehicles located at the Orange County
Market Place.
19.5 The maximum speed on the Fairgrounds at any time is 3 MPH. This is
strictly enforced because of the high volume of pedestrians present at the
Orange County Market Place.
19.6 Guns, weapons, or ammunition of any kind (including but not limited to,
toy guns, water guns, B-B guns and cap guns) are prohibited at the Orange
County Market Place.
19.7 No profanity or harassment of any kind directed toward Orange County
Market Place management or staff, other Permittees, or customers will be
permitted at the Orange County Market Place.
20.0 CUSTOMER/BUSINESS RELATIONS
20.1 A Permittee shall engage in ethical and prudent business
practices. Permittees shall take no action which adversely affects the rights
of other Permittees or the Orange County Market Place as a whole.
20.2 The policy of the Orange County Market Place is to provide "100% customer
satisfaction." The Orange County Market Place is not satisfied until the
customer is satisfied. If the management of the Orange County Market Place
receives complaints concerning any of the business practices or policies of the
Permittee, including policies related to providing refunds or exchanges of
goods, it may, in the sole discretion of management, constitute grounds for
denial and/or termination of daily or monthly space permits.
20.3 If any person contacts the Orange County Market Place concerning a
Permittee's space or products, Tel Phil Enterprises, Inc. will refer them to
the telephone number(s) which Tel Phil Enterprises, Inc. has on record for the
Permittee (business numbers are given priority). Tel Phil Enterprises, Inc.
will also provide the Permittee's business name. By selling at the Orange
County Market Place, a Permittee agrees to provide this information to Tel Phil
Enterprises, Inc. and authorizes Tel Phil Enterprises, Inc. to make this
information available to parties requesting it. Tel Phil Enterprises, Inc. will
release any information concerning a Permittee as required by law or requested
by a governmental enforcement agency.
21.0 OPERATING PROCEDURES FOR DAYS OF INCLEMENT
WEATHER
The Operating Procedures for days of inclement weather are:
(A) Monthly\Bid\Corporate\Modular Showroom Space Program Permittees:
(1) Permittees may leave unescorted, prior
to 6:15 a.m., through the Vanguard or Newport parking lots only.
(2) After 6:15 a.m., no Permittee may leave the selling area unless authorized
to leave by Tel Phil Enterprises, Inc. It will be considered a regular selling
day unless otherwise announced.
(3) After 6:15 a.m. an announcement may be made on the public address system as
to which specific rows will be moved in to fill vacant spaces. Only those
Permittees located on those specific rows will be authorized to move to vacant
spaces. Permittees who relocate from their assigned spaces without
authorization from the Orange County Market Place Manager will be assessed a
minimum fee of $100.00 for the unauthorized space use, and/or may be directed
to return to their assigned spaces. In addition, future space assignments to
the Permittees may be denied.
(4) The Orange County Market Place Manager will announce if and when the Orange
County Market Place will close due to inclement weather.
(5) If the Orange County Market Place Manager announces that the Orange County
Market Place will close, Permittees may leave the selling area. Permittees must
observe the 3 MPH speed limit.
(6) No Permittees will be re-admitted after leaving the selling area.
(7) There will be no refunds or rain-checks issued to any Permittee.
(B) Daily Reservation Permittees:
(1) If the Orange County Market Place
operates and the Permittee chooses not to enter the selling area to sell, it
will be considered a missed reservation (see Section III, Item 5.0).
(2) If the Orange County Market Place closes due to inclement weather, it will
not be considered a missed reservation if the Permittee chooses not to enter
the selling area to sell.
(3) After 6:15 a.m. an announcement may be made on the public address system as
to which specific rows will be moved in to fill vacant spaces. Only those
Permittees located on those specific rows will be authorized to move to vacant
spaces. Permittees who relocate from their assigned spaces without
authorization from the Orange County Market Place Manager will be assessed a
minimum fee of $100.00 for the unauthorized space use, and/or may be directed
to return to their assigned spaces. In addition, future space assignments to
the Permittees may be denied.
(4) The Orange County Market Place Manager will announce if and when the Orange
County Market Place will close due to inclement weather.
(5) If the Orange County Market Place Manager announces that the Orange County
Market Place will close, Permittees may leave the selling area. Permittees must
observe the 3 MPH speed limit.
(6) No Permittees will be re-admitted after leaving the selling area.
(7) There will be no refunds or rain-checks issued to any Permittee.
SECTION III
APPLICABLE FEES
1.0 SPACE FEES
All current daily fees (space fees, insurance fees, Merchant Services fees, and
any other applicable fees) are available at the Information and Guest Services
Booth on the weekends or by calling the corporate office Monday thru Friday
between the hours of 9:00 a.m. and 5:00 p.m.(see Appendix A). The Bid Space
Program minimum bids and the Advance Space Sale prices are also listed at the
Information Booth. All fees are subject to change at any time and without
notice.
2.0 DAILY INSURANCE FEES
Every seller at the Orange County Market Place is required to carry insurance
meeting the requirements listed in Section II, Items 11.1 and 11.2.
(A) Monthly\Bid\Corporate\Modular Showroom Space Permittees Must have a current
annual certificate of insurance that meets our requirements on file at all
times in order to sell.
(B) Daily Reservation or Advance Space Purchase Permittees - One of the
following methods may be used:
(1) Have a current annual certificate of
insurance that meets our requirements on file in our office (see Section II,
Items 11.1 and 11.2).
(2) Use "daily" certificates that have been purchased from an agent offering
these certificates for use at the Orange County Market Place.
(3) Purchase a "daily" type policy at the Orange County Market Place on the day
that you wish to sell.
(C) Daily Overflow Permittee - One of the following
methods may be used:
(1) Attach a photocopy of your annual
certificate of insurance to the Application for Daily Ground Space Use Permit
each day you sell at the Orange County Market Place. Your annual certificate of
insurance must meet our requirements (see Section II, Items 11.1 and 11.2).
Please note that we will keep this photocopy for our records, so we suggest
that you have a back-up supply on hand as we are unable to make photocopies for
you at the Orange County Market Place. This procedure will be followed even if
you already have an annual certificate of insurance on file in our office.
(2) Use "daily" certificates that have been purchased from an agent offering
these certificates for use at the Orange County Market Place.
(3) Purchase a "daily" type policy at the Orange County Market Place on the day
that you wish to sell.
3.0 MERCHANT INFORMATION SERVICES
An outside firm provides computerized information regarding all
Permittees for the benefit of Orange County Market Place customers. This
information will be updated on a daily basis and will be made available to all
customers of the Orange County Market Place. All Permittees will pay a nominal
fee to the outside firm for the service. All Monthly Space Permittees,
Bid/Auction Space Permittees, Corporate Space Program Permittees, and Modular
Showroom Program Permittees will be billed directly by the outside firm. All
Advance Space Purchase Permittees will be required to make payment at the time
the space or reservation is purchased. All daily Permittees including Priority
Monthly Reservation Permittees, Walk-up Reservation Permittees, Telephone
Reservation Permittees, and Overflow Permittees will be required to make
payments upon entry to the Orange County Market Place each day.
4.0 MERCHANT ADVERTISING SERVICES
The Merchant Advertising Service is an independent organization which
provides advertising to attract buyers to the Orange County Market Place. The
Merchant Advertising Program is funded by all sellers. All proceeds are placed
in a special Merchant Advertising Services account. Tel Phil Enterprises, Inc.
matches all advertising funds as the funds are used. A consortium composed of
an Orange County Market Place Merchants Association (OCMMA) representative, the
sellers advertising committee and representatives of Tel Phil Enterprises, Inc.
determine the ad agencies selected and the direction of advertising funds.
The current advertising fee is assessed to all sellers. All Monthly Space
Permittees, Bid/Auction Space Permittees, Corporate Space Program Permittees,
and Modular Showroom Program Permittees will be billed directly by the outside
firm. All Advance Space Purchase Permittees will be required to make payment at
the time the space or reservation is purchased. All daily Permittees including
Priority Monthly Reservation Permittees, Walk-up Reservation Permittees,
Telephone Reservation Permittees, and Overflow Permittees will be required to
make payments upon entry to the Orange County Market Place each day.
5.0 MISSED RESERVATION PROCESSING FEE
All Telephone Reservation or Walk-up Reservation Permittees who fail
to arrive by 6:15 a.m. on any day for which they have a reservation will lose
their reservation. A nominal processing fee for each missed reservation will be
assessed. Payment in the form of a Cashier's Check or Money Order must be
mailed to the Orange County Market Place (see Appendix B for the mailing
address). Should this payment not be received by the Thursday prior to the
weekend for which the Permittee next has a reservation, the Permittee must pay
the processing fee in cash the morning of the event.
6.0 DOUBLE SPACE PREMIUMS
Double spaces are issued on an "availability" basis only. You must
have enough product and variety of product for the increased space or location.
There is a nominal double space premium fee assessed for all adjoining double
spaces purchased the morning of the event. This fee is due in cash at the same
time that all other space fees are paid.
7.0 PRIORITY MONTHLY RESERVATION REQUEST
PROCESSING FEE
By submitting your Priority Monthly Reservation Request in the mail,
and uponapproval of your request, you will receive a reservation for every
Saturday and Sunday of operation during the upcoming month. This does not
include special holiday events. All requests must be accompanied by a Priority
Monthly Reservation Request Processing Fee submitted in the form of a Cashier's
Check or Money Order made payable to the Orange County Market Place. If the
Priority Monthly Reservation Request specifies only Saturdays or only Sundays,
the entire Priority Monthly Reservation Request Processing Fee will still
apply. It is fully understood that this fee, if accepted by the Orange County
Market Place, confirms the reservation only (see Section IV, Item 5.0). All
applicable space fees, insurance fees, Merchant Services fees, and any other
applicable fees will still apply.
8.0 WALK-UP RESERVATION PROGRAM PROCESSING FEE
By requesting a Walk-up Reservation at the Information Booth, and upon
approval of your request, you will receive a reservation for Saturday, Sunday,
or both Saturday and Sunday for the following weekend. All requests must be
accompanied by a Walk-up Reservation Processing Fee submitted in the form of
Cash. If the Walk-up Reservation specifies only Saturday or only Sunday, the
entire Walk-up Reservation Processing Fee will still apply. It is fully
understood that this fee, if accepted by the Orange County Market Place,
confirms the reservation only (see Section IV, Item 3.0). All applicable space
fees, insurance fees, Merchant Services fees, and any other applicable fees
will still apply.
SECTION IV
Selling Programs
TYPES OF PERMITTEES AND SELLING PROCEDURES
The following is a list of selling programs.
1.0 OVERFLOW - DAILY PERMITTEES WITHOUT RESERVATIONS:
(A) Permittees without reservations who wish to sell at the Orange County
Market Place must arrive at the Fairview and Merrimac entrance to the
Fairgrounds between 6:30 a.m. and 6:55 a.m. Do not arrive early as parking on
or around the Fairgrounds or lining up in the streets prior to 6:30 a.m. is
prohibited. This is at the request of the City of Costa Mesa to help prevent
complaints from our neighbors and to help alleviate the hazard of being parked
in the streets and entrances. There is no guarantee that space will be
available; if none is available, you will be unable to sell that day at the
Orange County Market Place. Individual space assignments are made at random and
are not dictated by the order of arrival, so please drive carefully. For the
safety of everyone at the Orange County Market Place, the maximum speed limit
at the Fairgrounds is always 3 MPH.
(B) Overflow Permittees will adhere to the following:
(1) Once you arrive, STAY IN LINE AND STAY
IN YOUR VEHICLE UNLESS YOU ARE PURCHASING DAILY INSURANCE. Daily insurance
certificates can be obtained at the table located in front of the seller line
up. Only one (1) vehicle is allowed per Permittee and it must contain the
Permittee and all of the Permittee's merchandise and display material.
(2) Read all Operating Procedures to know what goods and services cannot be
sold or are restricted (see Section II, Items 4.0 and 5.0), and what is
expected of each Permittee.
(3) Complete the Application for Daily Ground Space Use Permit and the Merchant
Services card which are provided at the Orange County Market Place each
morning.
(4) Have your driver's license or government issued I.D. with photograph,
California Retail Seller's Permit (see Section II, Item 9.0), a photocopy of
your annual insurance certificate that names Tel Phil Enterprises, Inc. as
additional insured, or a completed daily insurance certificate (see Section II,
Items 11.1 and 11.2), and the Application for Daily Ground Space Use Permit out
and ready to be checked.
(5) Have the exact space fee, Merchant Services fees, daily insurance fee (if
needed), and any other applicable fees ready for the cashier. (CASH ONLY!!) No
bill larger than $20.00 will be accepted and no change will be given (see
Section III). You will need to give the cashier your Application, Merchant
Services card, photocopy of your annual insurance certificate that names Tel
Phil Enterprises, Inc. as additional insured, or daily insurance certificate.
(6) Proceed to your assigned space. After being admitted, place the space
card(s) face up on the dash of vehicle so that it may be checked at any time by
Orange County Market Place personnel. Your vehicle must remain in your assigned
space until 4:00 p.m. Changing your assigned space is prohibited. Any and all
unauthorized space changes are subject to an unauthorized move fee. At the time
you are given your space assignment, you may leave if you do not wish to sell
in the assigned space, but no refund will be made.
2.0 TELEPHONE RESERVATIONS - DAILY PERMITTEES
WITH RESERVATIONS:
(A) Telephone Reservations for daily sellers are obtained by telephone
only by calling the reservation number beginning at 10:00 a.m. on the Tuesday
preceding the weekend you wish to sell (see Appendix A for the Reservation Line
telephone number). On Tuesdays, the telephone reservation line will remain open
until the early afternoon when all reservations that were available have been
taken. A recording will announce the reservation line has filled and will
direct Permittees to the Overflow Program (see Section IV, Item 1.0). It will
not be reopened until the following Tuesday at 10:00 a.m. Give the operator
your last name, first name, the type of merchandise you sell, and indicate
whether you are requesting a reservation for Saturday only, Sunday only, or
both days. If you have a reservation, only one (1) space will be reserved for
you. After the reservation has been made no cancellations will be accepted. If
more than one (1) reservation is made in your name, all reservations in the
same name will be cancelled. In order to insure a diversified mixture of
products at the Orange County Market Place, we may not always be able to accept
reservations in certain product categories for everyone who desires a
reservation for the upcoming weekend. If a reservation is denied for this
reason, you may still try the Overflow Program (see Section IV, Item 1.0). Any
person who interferes with the telephone reservation process may be denied
future reservations or selling privileges.
(B) Reservation Permittees will adhere to the
following:
(1) Enter the Fairview and Merimac entrance to the
Fairgrounds between 5:45 a.m. and 6:15 a.m. Once you arrive, STAY IN LINE AND
STAY IN YOUR VEHICLE UNLESS YOU ARE PURCHASING DAILY INSURANCE. Daily insurance
certificates can be obtained at the table located in front of the seller line
up. Only one (1) vehicle is allowed per reservation and it must contain the
Permittee and all of the Permittee's merchandise and display material.
(2) Do not arrive early as parking on or around the
Fairgrounds or lining up in the streets prior to 5:45 a.m. is prohibited. This
is at the request of the City of Costa Mesa to help prevent complaints from our
neighbors and to help alleviate the hazard of being parked in the streets and
entrances. Individual space assignments are made at random and are not dictated
by the order of arrival, so please drive carefully. For the safety of everyone
at the Orange County Market Place, the maximum speed limit at the Fairgrounds
is always 3 MPH.
(3) Read all Operating Procedures to know what goods and services cannot be
sold or are restricted (see Section II, Items 4.0 and 5.0), and what is
expected of each Permittee.
(4) Complete the Application for Daily Ground Space Use Permit and the Merchant
Services card which are provided at the Orange County Market Place each
morning.
(5) Have your driver's license or government issued I.D. with photograph,
California Retail Seller's Permit (see Section II, Item 9.0), a photocopy of
your annual insurance certificate that names Tel Phil Enterprises, Inc. as
additional insured, or a completed daily insurance certificate (see Section II,
Items 11.1 and 11.2), and the Application for Daily Ground Space Use Permit out
and ready to be checked.
(6) Have the exact space fee, Merchant Services fees, daily insurance fee (if
needed), and any other applicable fees ready for the cashier. (CASH ONLY!!) No
bill larger than $20.00 will be accepted and no change will be given (see
Section III). You will need to give the cashier your Application, Merchant
Services card, and daily insurance certificate if applicable.
(7) Proceed to your assigned space. After being admitted, place the space
card(s) face up on the dash of vehicle so that it may be checked at any time by
Orange County Market Place personnel. Your vehicle must remain in your assigned
space until 4:00 p.m. Changing your assigned space is prohibited. Any and all
unauthorized space changes are subject to an unauthorized move fee. At the time
you are given your space assignment, you may leave if you do not wish to sell
in the assigned space, but no refund will be made.
(C) All Telephone Reservation Permittees who fail
to arrive by 6:15 a.m. on any day for which they have a reservation will lose
their reservation and be required to pay a missed reservation processing fee
for the reservation (see Section III, Item 5.0). Reservation Permittees who
have missed their reservation may still participate in the Overflow Program
where they will be subject to all fees and conditions as outlined in Section
IV, Item 1.0. Payment by a Cashier's Check or Money Order in the amount of the
processing fee for each day missed must be mailed to the Orange County Market
Place (see Appendix B). Should this payment not be received by the Thursday
prior to the weekend for which the Permittee next has a reservation, the
Permittee must pay the missed reservation fee in cash (exact change) the
morning of the event.
3.0 WALK-UP RESERVATION PROGRAM - DAILY PERMITTEE
WITH RESERVATIONS:
(A) A Permittee must have made a reservation and sold at least once within the
prior year at the Orange County Market Place before a Walk-up Reservation can
be made. Only Permittees that are not currently participating in another daily
or monthly selling program are eligible to participate in the Walk-up
Reservation program.
Walk-up Reservations may be made at the Information Booth at the Orange County
Market Place starting at 9:00 a.m. and continuing during operating hours or
until all reservations that were available have been taken. A Permittee that
has not made a reservation and sold at least once within the prior year or a
Permittee that arrives after all available reservations have been taken may
still participate in the Telephone Reservation program (see Section IV, Item
2.0) or the Overflow Program (see Section IV, Item 1.0).
(B) Walk-up Reservations for daily sellers are available in person at the
Information Booth the weekend prior to the weekend you wish to sell. A
processing fee will be assessed at the time the Walk-up Reservation is accepted
(see Section III, Item 8.0). All processing fees must be in the form of Cash.
Have exact change as no change will be given. Give the representative your name
so they may verify your eligibility to participate in this program. Then
complete and sign the provided Walk-up Reservation Payment Form that indicates
whether you are requesting a reservation for Saturday only, Sunday only, or
both days. Only one (1) Walk-up Reservation per person will be made when you
arrive at the Information Booth. After the reservation has been made, no
cancellations will be accepted. If you have a reservation, only one
(1) space will be reserved for you. At the time the reservation is purchased, a
receipt will be issued. If more than one (1) reservation (regardless of program
type) is made in your name, all reservations in the same name will be
cancelled.
In order to insure a diversified mixture of products at the Orange County
Market Place, we may not always be able to accept reservations in certain
product categories for everyone who desires a reservation for the upcoming
weekend. If a reservation is denied for this reason, you may still try the
Overflow Program (see Section IV, Item 1.0). Any person who interferes with the
reservation process may be denied future reservations or selling privileges.
(C) Walk-up Reservation Permittees will adhere to the following:
(1) Enter the Fairview and Merimac entrance to the Fairgrounds between 5:45
a.m. and 6:15 a.m. Once you arrive, STAY IN LINE AND STAY IN YOUR VEHICLE. Only
one (1) vehicle is allowed per reservation and it must contain the Permittee
and all of the Permittee's merchandise and display material.
(2) Do not arrive early as parking on or around the Fairgrounds or lining up in
the streets prior to 5:45 a.m. is prohibited. This is at the request of the
City of Costa Mesa to help prevent complaints from our neighbors and to help
alleviate the hazard of being parked in the streets and entrances.Individual
space assignments are made at random and are not dictated by the order of
arrival, so please drive carefully. For the safety of everyone at the Orange
County Market Place, the maximum speed limit at the Fairgrounds is always 3
MPH.
(3) Read all Operating Procedures to know what goods and services cannot be
sold or are restricted (see Section II, Items 4.0 and 5.0), and what is
expected of each Permittee.
(4) Complete the Application for Daily Ground Space Use Permit and the Merchant
Services card which are provided at the Orange County Market Place each
morning.
(5) Have your driver's license or government issued I.D. with photograph,
California Retail Seller's Permit (see Section II, Item 9.0), a photocopy of
your annual insurance certificate that names Tel Phil Enterprises, Inc. as
additional insured, or a completed daily insurance certificate (see Section II,
Items 11.1 and 11.2), and the Application for Daily Ground Space Use Permit out
and ready to be checked.
(6) Have the exact space fee, Merchant Services fees, daily insurance fee (if
needed), and any other applicable fees ready for the cashier. (CASH ONLY!!) No
bill larger than $20.00 will be accepted and no change will be given (see
Section III). You will need to give the cashier your Application, Merchant
Services card, and daily insurance certificate if applicable.
(7) Proceed to your assigned space. After being admitted, place the space
card(s) face up on the dash of vehicle so that it may be checked at any time by
Orange County Market Place personnel. Your vehicle must remain in your assigned
space until 4:00 p.m. Changing your assigned space is prohibited. Any and all
unauthorized space changes are subject to an unauthorized move fee. At the time
you are given your space assignment, you may leave if you do not wish to sell
in the assigned space, but no refund will be made.
(D) All Walk-up Reservation Permittees who fail to arrive by 6:15 a.m. on any
day for which they have a reservation will lose their reservation and be
required to pay a missed reservation processing fee for the reservation (see
Section III, Item 5.0). Walk-up Reservation Permittees who have missed their
reservation may still participate in the Overflow Program where they will be
subject to all fees and conditions as outlined in Section IV, Item 1.0. Payment
by a Cashier's Check or Money Order in the amount of the processing fee for
each day missed must be mailed to the Orange County Market Place (see Appendix
B). Should this payment not be received by the Thursday prior to the weekend
for which the Permittee next has a reservation, the Permittee must pay the
missed reservation fee in cash (exact change) the morning of the event.
4.0 ADVANCED SPACE SALE PROGRAM - DAILY
PERMITTEE WITH A PRE-PURCHASED SPACE:
(G) Individual spaces are sold in advance at the Information Booth.
This program is available to Permittees that are not currently participating in
another selling program. A schedule of sale dates, times, available spaces, and
space fees for Advance Space Sales are available at the Information Booth. All
requests must be submitted on the application form available at the Information
Booth during the Orange County Market Place hours. Incomplete request forms
will not be considered. The application must specify approved item(s) to be
sold, and be in compliance with the current Operating Procedures. In order to
insure a diversified mixture of products at the Orange County Market Place, we
may not always be able to accept Advance Space Sale Applications in certain
product categories for everyone who desires a space. All applications must be
accompanied by Cash, Cashier's Check or Money Order made payable to Orange
County Market Place. Have exact change as no change will be given. At the time
of purchase the Permittee must provide the representative with a copy of your
California Retail Seller's Permit (see Section II, Item 9.0), a photocopy of
your annual insurance certificate that names Tel Phil Enterprises, Inc. as
additional insured or your daily insurance application (see Section II, Item
11.1 and 11.2), and your Merchant Services card. It is fully understood that
this fee, if accepted by the Orange County Market Place, assures the Permittee
a space for the purchase date only.
All insurance fees (when applicable), Merchant Services fees, and any other
applicable fees will still apply and must be paid at the time the space is
purchased. Space fees are non-refundable.
(H) All Advance Space Sale Permittees will adhere
to the following:
(1) Enter through designated seller entrances only.
(2) Permittees with a space assignment between the numbers 100 and 195, or on
row "A" must enter the Newport Boulevard and Mesa Drive Gate between 5:00 a.m.
and 6:15 a.m.
(3) Permittees with a space assignment between the numbers 199 and 252 or on
row "P" must enter the Fair Drive and Vanguard Gate between 5:00 a.m. and 6:15
a.m.
(4) Do not arrive early as parking on or around the Fairgrounds or lining up in
the streets prior to 5:00 a.m. is prohibited. This is at the request of the
City of Costa Mesa to help prevent complaints from our neighbors and to help
alleviate the hazard of being parked in the streets and entrances. For the
safety of everyone at the Orange County Market Place, the maximum speed limit
at the Fairgrounds is always 3 MPH.
(5) Have space card(s) and driver's license or government issued I.D. with
photograph out and ready to be checked prior to arriving at the entrance. After
being admitted, place the space card(s) face up on the dash of vehicle so that
it may be checked at any time by Orange County Market Place personnel. Only one
(1) vehicle is allowed per Permittee and it must contain all merchandise and
display material. Proceed to your assigned space. Changing your assigned space
is prohibited. Any and all unauthorized space changes are subject to an
unauthorized move fee. Your vehicle must remain in your assigned space until
4:00p.m.
(6) If Permittee does not arrive by 6:15 a.m., the assigned space may be
reassigned without further notice or refund. However, if you still wish to sell
that day, notify any employee at the Fair Drive and Vanguard Gate that you have
an advance space (give the space number to the employee). An attempt will be
made to hold your originally assigned space; if not available, management will
attempt to get you into the Orange County Market Place to sell in another
space. You will be charged the daily rate for your space.
(7) Management, in its sole discretion reserves the right to reassign Advance
Space Sale Permittees on a daily basis as deemed necessary.
5.0 PRIORITY MONTHLY RESERVATION - DAILY
PERMITTEE WITH RESERVATIONS:
(A) By submitting your Priority Monthly Reservation Request in the
mail, and upon approval of your request, you will receive a reservation for
every Saturday and Sunday of operation during the upcoming month. This does not
include special holiday events. All requests must be submitted on the request
form available at the Information Booth during Orange County Market Place
hours.
An incomplete request forms will not be considered. The request form must
specify approved item(s) to be sold, and be in compliance with the current
Operating Procedures. In order to insure a diversified mixture of products at
the Orange County Market Place, we may not always be able to accept
reservations in certain product categories for everyone who desires a
reservation. All requests must be accompanied by a Priority Monthly Reservation
Processing Fee submitted in the form of aCashier's Check or Money Order made
payable to Orange County Market Place. If the request specifies only Saturdays
or only Sundays, the entire Priority Monthly Reservation Processing Fee will
still apply. It is fully understood that this fee, if accepted by the Orange
County Market Place, confirms the reservation only.
All daily space fees, insurance fees, Merchant Service fees, and any other
applicable fees will still apply. All requests must be postmarked no earlier
than the 1st day and no later than the 14th day of the month preceding the
selling month. The successful requests shall be non-refundable. All
unsuccessful requests shall be returned. Tel Phil Enterprises, Inc., in its
sole discretion reserves the right to reject any and all requests for any
reason.
(B) Priority Monthly Reservation Permittees will adhere to the following:
(1) Enter the Fairview and Merimac entrance
to the Fairgrounds between 5:00 a.m. and 5:30 a.m. Once you arrive, STAY IN
LINE AND STAY IN YOUR VEHICLE UNLESS YOU ARE PURCHASING DAILY INSURANCE. Daily
insurance certificates can be obtained at the table located in front of the
seller line up. Only one (1) vehicle is allowed per reservation and
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