rules and regulations are promulgated by the Pacific Coast Farmers’ Market
Association (hereinafter called the “Association”) for the purpose of
reasonably regulating as to time, place, and manner the activities of
individuals, groups, and/or organizations (hereinafter referred to as “Users”)
engaged in entertainment activity conducted within the Farmers’ Market
(hereinafter called “Market”). To
accommodate such Users, and to an extent consistent with the primary purposes
of the Market (that being to encourage revenue-producing commercial activity
for the Association’s producers), these rules shall not be deemed or construed
to permit any activity other than entertainment activity within the
Market. The Association reserves the
right to prohibit any activity in the Market which, in the Association’s
opinion, could reasonably be expected to interfere with revenue-producing
commercial activity in the Market. The
agreed upon activities of the User shall be subject to such further regulations
as to time, place and manner of the services being provided as the Association
may from time to time prescribe to assure that User does not interfere with the
movement and rights of owners, operators, patrons, customers, and occupants of
the Market and which shall minimize User’s interference with the commercial
functions of the Market. Each User shall
agree to comply with the following terms and conditions:
1. The commercial activity of
the Market vendors, their owners, officers, directors, employees, customers and
invitees is the primary purpose and function of the Market. All other Users cannot conduct any other
activity within the Market, without having first obtained an Entertainer’s
License Agreement for such activity from the Association. Such License Agreement shall be granted only
for use of that area designated by the Association.
2. A proposed User may apply for
a permit for entertainment within the Market at the Market office during the
hours of 9:00 to 4:00 p.m.,
Tuesday through Friday. Applications
shall be in the form set forth by the Market and subject to these rules and
regulations and shall be made no less than seven (7), days, but no more than
thirty (30) days prior to the first day requested by Users.
3. In making a determination as
to whether a license for entertainment activity within the market shall be
issued, the Association shall evaluate, among other things, the following: the
nature of the activity, the dates, times and duration of the activity, the risk
of injury to any person or properties, and the risk of unreasonable
interference with the aforementioned commercial activities of the Market
tenants and their owners, officers, directors, employees, customers, and
invitees. The Association will consider
applications on a first-come, first-served basis.
4. The entertainer is solely
responsible for any and all musical license rights of any songs that they may
use and shall hold harmless the Association in any legal disputes in these
5. If, in the opinion of the
Association, additional security personnel are required because of Users’
presence, users will pay the estimated costs of such additional security
personnel to the Association prior to the Market date.
6. In the event there are any
licenses or permits required by any governmental agency or authority with
respect to the type of activity, Users shall be responsible for obtaining such
licenses, authorizations or permits.
7. Users shall refrain from: (a)
verbally inviting patrons to their table and authorized area; (b) accosting or
approaching patrons outside the authorized area; (c) physically obstructing or
verbally interfering with patrons; and (d) restricting in any other way the
free movement of patrons and shoppers in the Market.
8. Users will allow no litter to
be discarded in the common area of the Market other than in waste receptacles,
and will periodically clean all litter in the area of their use.
9. Users shall not use any
vehicle or projector in the Market without prior approval of the
Association. Users shall not engage in
any physical force, abusive or obscene language, or threats toward any other
person, or engage in any other form of unreasonable behavior, such as the
making of unreasonable noise or any coarse or offensive utterance, gesture or
display, which causes, or is likely to cause, public inconvenience, annoyance
or alarm. In addition, Users shall not
permit the emission of noise or odors or cause any devices or paraphernalia
which may constitute a nuisance such as loud speakers, sound amplifiers,
radios, televisions or phonographs.
10. Users shall confine their
activities to the authorized area of the Market and shall not expand into any
area of the common area or use the walkways, entranceways, exists, parking lots
or other common areas of the Market for their permitted activities.
11. Users shall conduct
themselves with proper decorum and must refrain from any unprofessional, loud
or raucous activity, which will annoy or offend the public or any vendors in
the Market, or result in complaints to the Association.
12. Any prices or charges for
User’s services or products shall be prominently displayed and User shall avoid
any controversy regarding prices or charges.
13. The Association cannot
guarantee access to utility outlets for use.
14. The Association reserves the
right to restrict the activities of Users in such fashion as the Association,
in its sole and absolute discretion, deems appropriate in the interest of its
15. Should Users fail to abide by
these property rules and regulations, the Association may, at its sole
discretion, without any notice whatsoever, terminate the rights of the User to
participate. User shall immediately,
upon demand by the Association, remove themselves from the assigned location,
the adjoining common area, the Market grounds and parking lots.
16. Users will respect, obey and
abide by all instructions from the designated representative of Management at
Market including but not limited to instructions regarding issues of public
17. Users will follow directions
of management at market regarding quiet time during PCFMA demonstrations like
Cookin’ The Market.
18. The Association requires
users to perform live entertainment for no less than 75% of the duration of the