To Thursday Night Promotions Participants:

Click here to download print version of TNP Rules and Guidelines

Welcome to Thursday Night Promotions (TNP) also commonly referred to as the “World

Famous” Farmers’ Market.” The San Luis Obispo Downtown Association (DA) is proud

of the growth and popularity of TNP, one of the most successful promotions in Downtown SLO and emulated by communities everywhere.

NOTE: IF YOU ARE INTERESTED IN APPLYING FOR A PERMIT TO PARTICIPATE IN TNP, PLEASE REFER TO THE FREQUENTLY ASKED QUESTIONS AT THE END OF THIS DOCUMENT TO DETERMINE IF YOU ARE ELIGIBLE TO PARTICIPATE. RULES AND REGULATIONS APPLY TO THOSE APPLICANTS WHO HAVE BEEN APPROVED TO PARTICIPATE IN TNP.

TNP has earned a reputation as a well-rounded, weekly event featuring a Certified Farmers’ Market, food and product vendors, community outreach, as well as offering quality entertainment bringing national visibility to both the Central Coast and Downtown San Luis Obispo. Thank you for your interest in participating in this event.

This booklet contains the rules and regulations that apply to all participants. It is the responsibility of all participants to familiarize themselves with and adhere to these requirements during TNP.

The TNP Committee, which governs this weekly event, has developed these rules and regulations to assist you in planning your TNP activity. Because of the many participants and thousands of visitors who attend, it is important that the Rules and Regulations as set forth below be strictly observed. A TNP Event Coordinator serves on the DA staff to assist you with your TNP plans and logistics. Please contact the TNP Event Coordinator (541-0286) if you have any questions.

Thursday night in Downtown San Luis Obispo is a special experience for people of all ages—residents, tourists and participants alike. Your cooperation in helping maintain the family- and community-oriented atmosphere so essential to TNP’s continued success is greatly appreciated.

The TNP Committee is a committee of the DA Board of Directors of the SLO Downtown

Association, a 501c6 not for profit corporation. All rules and regulations submitted by the TNP committee are subject to final approval by the Board of Directors.

The Downtown Association Office is located at:

1108 Garden St., Ste. 210

San Luis Obispo, CA 93401

(805) 541-0286

www.downtownslo.com

1. PURPOSE, GOALS, and STRUCTURE

A. The purpose of TNP is to promote business in the Downtown core. TNP is organized by, administered by and paid for by the (DA) Downtown Association, under contract with the City of San Luis Obispo. The Downtown Association administers TNP in order to:

• create a positive image of Downtown San Luis Obispo
• expose community members to retail stores and services offered Downtown
• generate foot traffic on Thursday nights
• provide a forum for community activities
• maintain the Downtown as the center of retail, social, and civic activities
• enhance the community as a whole

All activities must be consistent with these goals.

B. The DA Board of Directors urges DA members* to participate in TNP, both to enhance the event and to benefit their own businesses.

*See membership in #2, definitions

C. It is the goal of the DA to schedule activities on Thursday nights that promote a wholesome, family atmosphere. Events should appeal to all ages, and provide a consumer mix that reaches all aspects of the marketplace. DA members should report infractions of any rules to the TNP Event Coordinator.

D. All activities are under the auspices of the TNP Committee that reviews applications, plans events and promotions, and enforces all rules and regulations. The Committee meets every 2nd and 4th Wednesday of each month or as directed by the Committee Chair. These Rules and Regulations may be revised at the discretion of the DA Board of Directors.

2. DEFINITIONS

The following definitions refer to commonly used terms throughout the Rules and Regulations and serve to clarify the meaning of key terms.

TNP - TNP is an abbreviation for Thursday Night Promotions sometimes referred to as “Farmers’ Market,” “Thursday Night,” “Farmers” or other variations. TNP is a street fair that includes a certified farmers market.

COMMERCIAL BUSINESS – A business that occupies an approved commercial

space. Commercial businesses must operate during regularly established business hours

as defined below on a year-round basis. The business must hold all required City of San

Luis Obispo, County of San Luis Obispo, and State of California permits. Commercial businesses must have a Business Tax Certificate in the City of San Luis Obispo. Vending

machines, newspaper/magazine racks, P.O. boxes, snack boxes, and other similar businesses that primarily involve machines or do not encompass personal contact are excluded from this definition and are not eligible to participate unless otherwise approved by the TNP Committee.

BUSINESS HOURS - Consecutive hours are hours of operation for consecutive days during a business week. Minimum hours of operation are five consecutive days for five consecutive hours per day. An example of this could be Monday - Friday 10:00 a.m. - 3:00 p.m. Business must be open to the public during the established hours.

DOWNTOWN ASSOCIATION MEMBER - A DA member is a business within the legally recognized and formally delineated DA boundaries that pays an assessment fee; OR is a business within the boundaries which is exempted by state or federal mandate from paying an assessment fee but which makes a voluntary contribution to the organization (voluntary member). A map of Downtown Association boundaries is included in this document.

NON-MEMBER – A non-member is a business that is not located within the DA boundaries but has a permanent business address and operates regularly established business hours on a year-round basis. If approved, non-members must obtain a City of San Luis Business Tax Certificate prior to participation,

GOOD STANDING - A business in “good standing” is defined as a participant who has all the necessary permits to operate a business within the City of San Luis Obispo and TNP, has paid the appropriate TNP fees, has no violations and is actively using the space assigned for TNP.

TNP REPRESENTATIVE - Any member of the DA staff, Board of Directors, TNP Committee, City of San Luis Obispo Police or Fire Departments and DA Private Security can be designated by the event coordinator as a TNP representative for enforcing the rules and regulations of TNP.

FIRE LANE - A 20’ wide unimpeded path for use by fire, police, and medical vehicles, the location of which is determined by the Fire Department and the DA. The fire lane in the 700 block of Higuera Street will be designated by the parking ticks/markers on the street for both sides of the block. The center lane striping will designate the fire lane in all other blocks of Higuera Street. All booths must conform to this requirement. The TNP Committee will review booth configuration at the time of application for compliance with the fire lane regulations. For entertainers, a 20-foot fire lane must be observed down the middle of the street or on one side or the other.

FUNDRAISING - The sale or offering of merchandise or services to solicit funds.

PRESENCE ON THE MARKET - Participants are expected to set up by 6 p.m. and leave display booth or usual type of setup in assigned space until 9:00 p.m. No early takedowns are allowed.

ROLL OVER BYE (applies only to barbecue vendors) – To receive a ‘roll over bye,’ barbecue vendor must have 100% attendance during said quarter. Therefore, the allocated ‘one absence per quarter and ‘second bye’ cannot have been used.

3. TNP PARTICIPATION

A. Persons wishing to participate in TNP must file an application with the DA and, upon approval and payment of fee, obtain a permit from the DA office. All approved applicants must have a City of SLO Business Tax Certificate and a commercial business with scheduled, posted, operating business hours. Merchandise sales at TNP are limited to those items sold from an established inventory within the normal scope of each participant’s daily business.

NOTE: Proof of Workers Comp must be provided for any person working in a TNP space that is not a direct owner, or an immediate relative of a direct owner, of the business. A business owner will provide a written statement acknowledging any immediate family members who are working in the space.

B. TNP permits may not be reassigned or sold. A member business cannot act as a sales agent for any other entity. If it is determined a business is selling inventory or conducting activities not part of that member’s business, the permit may be revoked.

C. Upon request, and space permitting, the Committee will attempt to place member participants in close proximity to their places of business. Member participants are not guaranteed space in the location of their choice.

D. No participation in TNP by any entity will be allowed without a permit.

E. All applicants must provide a certificate of general liability insurance with their application. Detailed information about insurance requirements is provided with the application.

F. Participants shall keep their area clean during TNP and leave the space and surrounding area clean afterward. Failure to do so may result in additional fees.

4. NON MEMBER BUSINESS PARTICIPATION

A. At the discretion of the Committee, commercial enterprises that are not within the DA district may be permitted to participate in TNP if the Committee determines that the business’ participation will provide a public service or will promote the goals and purposes of TNP. If so determined that the business fulfills the definition of a non-member as described above, the business may be granted a permit and may participate. Non-members will also be subject to non-member fees.

5. FUND RAISING FOR / BY NOT-FOR-PROFIT ORGANIZATIONS

A. At the discretion of the Committee, a Not-For-Profit organization may be permitted to participate if the Committee determines that the organization’s participation will provide

a public service or will serve to promote the purposes and goals of TNP.

B. Not-For-Profit groups may conduct direct sales no more than four (4) times per year,

once per quarter, and not more than two (2) consecutive weeks. Sponsorship from Downtown Association members may not be solicited to circumvent this rule.

Note: Fundraising dates & materials must be pre-approved by the Committee.

C. Participants shall limit sales to items specified on the approved application. Merchandise or related fundraising items can be at the participants’ booth on approved fund-raising dates only and may not be displayed at any other time.

D. Organizations wishing to raise funds during TNP must have Not-For-Profit status. Verification must be provided at the time of application. Reasonable documentation, such as IRS Tax Exempt Status notification is required. If status is pending, meeting minutes, bylaws, articles of incorporation, communication from the Secretary of State, taxpayer documentation or other indication of non-profit status will be accepted as verification.

Note: Student clubs and organizations must provide written authorization from their advisor(s) - Cal Poly student clubs are required to initiate an E-plan at the University Union Epicenter.

E. All monies generated by sales or solicitations, excluding direct material costs, must go to the Not-For-Profit group, not to individuals within the group. The Committee may request a full accounting.

F. The organization must submit its application no less than three (3) weeks in advance of the desired attendance date. Upon review and approval by the Committee and payment of fees, a space will be assigned. Participants are not guaranteed space in the location of their choice.

G. If food items are to be sold, the organization must have written approval from the San

Luis Obispo County Health Department prior to receiving a permit.

H. Participants shall keep their area clean during the activity and leave the space and surrounding area clean afterward.

I. Participants incurring costs requiring additional DA maintenance or assistance will be required to reimburse the DA for those costs.

6. POLITICAL, RELIGIOUS AND OTHER INFORMATIONAL GROUPS

A. Approved applicants will be given space on a first-come, first-served basis according to space availability. Participants are not guaranteed space in the location of their choice. Additional spaces maybe temporarily provided for special events or occasions, e.g. election season.

B. All groups or individuals wishing to disseminate information, pass petitions, or promote political, religious, or personal beliefs must submit a signed application no less than three (3) weeks in advance of the date desired.

C. Applicants whose format is determined to be entertainment shall not be eligible for a space allocation under this section, but shall be regulated by Section 7.

7. ENTERTAINMENT

A. The committee shall select the type of entertainment best suited to promote the goals of TNP. Auditions, demo tapes or CDs are required. Entertainers will perform the type and style of entertainment exhibited during audition.

B. Entertainers must keep sound levels within the following guidelines: 75 decibels at Garden Street and 80 decibels at all other TNP venues. Entertainers may not use generators. Violation of decibel level guidelines will result in warning followed by electrical disconnect and/or removal from the market.

C. Power connections are the responsibility of the entertainer. Entertainers must treat merchant property with great care. Any abuse will result in immediate revocation of permit and cancellation of additional performances. Electrical hook-ups are subject to Fire Department regulations. All extension cords must be taped down or properly covered to avoid a tripping hazard.

D. Entertainers are subject to appropriate fees, which must be paid when permit is issued.

Entertainers may actively solicit money.

E. Entertainers are subject to space availability and assignment as determined by staff.

F. Entertainers must stop performing at 8:45pm to begin break down, ensuring that the road will be cleared by 9:30pm.

G. Entertainers may obtain up to four parking passes from the TNP Event Coordinator for the period that the entertainment takes place. Parking passes are not transferable and not available for reuse.

8. MEDIA (RADIO, TELEVISION, PRINT OUTLETS)

A. Cooperation between TNP and the local media is encouraged to promote TNP. Media organizations may apply to participate during TNP and observe the guidelines listed below.

B. No amplified music unless authorized by the TNP Committee.

C. All giveaways (non-adhesive material only) must be pre-approved by the Committee. No adhesive materials of any kind will be allowed.

D. Promotion/Advertising shall be for the applicant only, not for special events or non-member businesses.

E. Fees could possibly be waived in exchange for advertising. This would have to be arranged with the TNP Event Coordinator prior to booking.

9. APPLICATIONS, PERMITS, SPACE ALLOCATION

A. Those wishing to participate in TNP must submit an application at least three (3) weeks prior to the desired attendance date. Cal Poly clubs must initiate an e-plan through the University Union Epicenter. It is the applicant’s responsibility to contact the DA office regarding the status of their application. Upon approval by the Committee, staff will assign a specific space or location and issue a permit reflecting the space allocation. The space will not be considered reserved until the appropriate fees are paid.

B. The person in charge of any activity must be in possession of a valid permit at all times. The permit is to be conspicuously displayed during operation.

C. All approved applicants will receive a space assignment only if the fee(s) are paid. The space corresponds to a street address. PARTICIPANTS MUST STAY WITHIN THEIR ASSIGNED SPACE AND OUT OF FIRE LANES AT ALL TIMES. It is the participant’s responsibility to be aware of the fire lanes, as specified by the TNP Event Coordinator.

D. The TNP Event Coordinator has the authority to assign or to reassign spaces. Participants are not guaranteed space in the location of their choice. Vendors are limited to one assigned space per event unless authorized by the Committee. Tardy vendors (vendors showing up after 6:00pm) may have their space reassigned.

E. Spaces not to exceed the following dimensions:

Direct Sales 10’ x 10’

Food 10’ x 10’

Barbecue fees based on square footage used, booth not to exceed 15’ in depth

Not-for-Profit 10’ x 10’

Informational 10’ x 10’

Media 10’ x 10’

F. Vendors must keep all items in their assigned booth space and cannot use City property (trees, parking meters, etc.) to hang signage or any other materials.

10. APPROVAL OR DENIAL OF TNP APPLICATIONS

A. Under the Street Closure or other relevant permits issued by the City of San Luis Obispo, the Downtown Association and the TNP Committee have full discretion concerning use of the area designated for TNP. Applications submitted will be reviewed by the TNP committee for approval or denial based on TNP criteria. It is the applicant’s responsibility to contact the DA office for this determination. If an application is denied, the basis for denial shall be given upon request

B. If an application is denied, and the applicant disagrees with the basis for denial, an appeal may be made by applicant, first to the TNP Committee, then to the DA Board of Directors. See item 18V for information on this process.

11. STREET CLOSURE

The City of San Luis Obispo Public Works crew begins barricading the streets at approximately 5:30 p.m. at which time approved participants may begin setting up. Support vehicles must be unloaded and off the street by 6:00 P.M. TNP Participants vehicles left inside the barricaded area after 6:00pm are subject to towing at the owner’s expense. All activities end at 9:00 p.m. and participants must clear their area entirely before 9:30 p.m. at which time barricades are removed and traffic flow resumes. A presence of the permittee must be maintained in the space assigned until 9:00 p.m. No early takedowns are allowed. Under no circumstance are vehicles allowed to enter the barricaded area during Market hours, 6:00pm-9:00pm even in the circumstance of rain unless otherwise determined by the TNP Event Coordinator.

Other safety rules to observe:

• No stopping vehicles or setting up in booth space until after 5:30pm.
• No blocking the center lane of Higuera St. at any time; pull to the side lane and unload your vehicle.

• NO VEHICLES (EXCEPT THOSE USED FOR OCCASIONAL DISPLAY PURPOSES & NOT DRIVEN) ALLOWED ON HIGUERA ST. BETWEEN 6-9PM unless otherwise approved and permitted. If vendor is running late or must leave early, all equipment must be carried in/out.
• Drivers must exercise extreme caution and drive slowly during the 5:30-6:00pm set up and 9:00-9:30pm take down. Drivers must heed all directions issued by TNP Event Coordinator regarding safety.

12. RAIN POLICY

In the instance of rain or inclement weather, the TNP Event Coordinator will decide whether or not to cancel TNP by 3:00pm of that event day. It is the participant’s responsibility to contact the DA office to find out the status of TNP in these cases. If TNP is cancelled, a rain credit will be given to participants signed up for that night. No rain credits will be given unless the Coordinator has given the official call. A participant who chooses to not participate when a rain call has not been made will not be issued a rain credit.

NOTE: Barbecue vendors refer to section 16L for cancellation notification. It is the responsibility of all other vendors to contact the DA office or view website after 3 PM.

13. HEALTH, FIRE, AND POLICE REGULATIONS

While the DA is not an enforcement body for the Health, Fire and Police Departments, cooperation with these agencies is essential. Participants shall be aware of and comply with code requirements. Only “people” events will be permitted in the fire lanes. No tables, risers, or any other equipment will be allowed. Specific questions regarding the codes should be directed to the appropriate agency.

14. EQUIPMENT AND SERVICES

The DA is under no obligation to provide power, water, or any equipment to participants. An applicant needing specific services must make these needs known in the application. The DA’s only obligation is to provide a space on the street. It is the applicant’s responsibility to provide all necessary equipment for operation of his/her booth. Power cords, when used, must conform to safety standards as described below. Generators may be used upon prior approval.

15. FEES

Participation in TNP is a privilege for all participants. Since there are substantial costs (such as janitorial, trash removal, street closure, private security and insurance) involved with sponsoring these weekly events, the DA has established permit fees in the following categories:

· Barbecue vendors

· Member vendors

· Non member vendors

· Not-For-Profit groups

· Information/Political groups

· Entertainment

· Media

A fee schedule, subject to annual review, is available in the DA office. There will be no refunds or credits unless TNP is officially canceled due to rain.

Note: Returned checks or declined credit cards

Any returned check will be subject to collection for the amount of the check plus a Twenty-dollar return check fee. A permit issued to a participant whose check has been returned will be cancelled until the full amount plus associated fees is paid. Payment for return checks can be made in cash, cashier’s check or by credit card. Future checks will not be accepted. If a credit card is charged for a permit and the card is declined, the permit will not be issued or reissued until the amount of the declined charge and any associated bank charges are paid.

CANCELLATION POLICY

Credit may be issued if approved participant cancels within 24 hours by contacting the office and requesting a credit. No credits will be issued for no-shows or late cancellations. No refunds will be issued in any case.

FEES FOR PERMITS MUST BE PAID BEFORE OR AT THE TIME PERMIT IS

ISSUED. THE PERMIT MUST BE DISPLAYED DURING THE EVENT.

16. FOOD VENDORS (Prepared Foods, Non Barbecue)

A. All food vendors must have a business and full service commercial kitchen.

B. Food items must be the same type as are sold on the daily menu at place of business unless otherwise authorized by the committee.

C. Food vendors (non barbecues) may begin setup no earlier than 5:30pm.

D. Food vendor areas must be kept neat and clean at all times.

E. Support Vehicles must be removed from the area by 6:00 pm.

F. Upon approval, food vendors must present a copy of their Health Department permit.

16 A. BARBECUE VENDORS

A. All barbecue vendors must have a full service commercial kitchen.

B. All barbecue items must be the same type as are sold on the daily menu at place of business unless otherwise authorized by the committee.

C. Barbecues may be pulled onto the street no earlier than 4:00 p.m. Barbecues are not to be started in an assigned street space until after 4:00 p.m. and are not to extend into the street past the parking place marker. All barbecues must be set up in their assigned space prior to lighting the barbecue. No “live” or lit barbecues can be transported into or out of the TNP area. During lighting, the barbecue is to be surrounded by barriers set five (5) feet away to protect pedestrians from flames and must be easily removable for emergency vehicle access. (This may require temporary placement of barriers on sidewalk areas). Standard starter fluid or propane wands can be used to start barbecues. All vendors using open flame must operate in accordance with all fire code regulations and must have an approved fire extinguisher on site.

D. Areas assigned to barbecues that consist of on-street, regular metered parking spaces must be posted “No Parking After 3pm” by the Downtown Association, complying with City of SLO requirements that such posting occur 24 hours in advance of the restricted time.

E. Barbecue operation must be kept within the space assigned.

F. Support vehicles must be moved away from the barbecue area by 6:00 p.m.

G. Barbecue vendor areas must be kept neat and clean at all times. Each barbecue vendor must provide at least one 50-gallon container for refuse.

H. Within the current boundaries of TNP (Higuera Street between Nipomo and Osos streets), there shall be no more than nine (9) barbecues, each with a reserved space assigned. A waiting list of applicants who wish to barbecue or use an LPG device is kept in the Downtown Association office. Any space that becomes available will be reserved for the applicant, if approved, at the top of that list. To be placed on the waiting list, a member must file a TNP application and the member must show that they are qualified in all respects.

I. Participating barbecues are required to participate every Thursday unless TNP is officially canceled due to weather. The Downtown Association office will notify barbecue participants on the status of TNP due to weather by 12:00 p.m. the day of TNP.

Failure to participate will cause the permit to be reviewed by and possibly revoked the committee. Barbecues are allowed one absence per quarter however, a second ‘bye’ due

to inclement weather may be granted to barbecue vendors by the TNP Event Coordinator.

Barbecue vendors in “good standing” are eligible to receive a ‘roll over bye.” To receive a ‘roll over bye,’ barbecue vendor must have 100% attendance during said quarter. Therefore, the allocated ‘one absence’ per quarter and ‘second bye’ cannot have been used. Roll over byes cannot be banked.

H. Upon approval, barbecue vendors must present the Downtown Association a copy of their Health Department permit.

17. SAN LUIS OBISPO COUNTY FARMERS’ MARKET ASSOCIATION, INC.

(FMA)

The FMA participates in TNP at the invitation of and under contract with the Downtown

Association. FMA operates under State regulations and those set by FMA Board of Directors. Persons wishing to participate in the FMA area of TNP may contact FMA directly. The

Downtown Association does not issue permits or space assignments for FMA, and issues no variances or exceptions to FMA’s rules. Call 544-9570 for information about the Farmers’ Market Association.

18. GENERAL RULES FOR PARTICIPANTS

A. Any vendor, club, group, or persons participating in TNP must comply with all of the rules. Non-compliance, including offensive conduct, may result in immediate revocation of the permit. If a permit is revoked, an appeal may be made, first to the TNP Committee, then to the Downtown Association Board of Directors. During the appeal process, a space will be held for the participant providing that all fees are paid.

B. The Committee reserves the right to revoke the permit and/or order the removal of all equipment and material (belonging to a participant) from the street for any reason deemed necessary by the Committee to better meet the goals and purposes of TNP or for public health, safety and welfare.

C. All participants must conspicuously display the name and location of their business or organization on a sign with the minimum size being approximately 400 sq. inches (14” x 30”). Merchants’ show windows may not be obscured at any time by boards, banners or other large displays.

D. Lighting on booths should be used for illumination of the booth and display purposes only. Strobing, flashing and/or rotating lights are not permitted. All lighting must be battery or electric only. The DA does not guarantee electricity. It is the participant’s responsibility to solicit electricity from the adjacent businesses.

NOTE: THE USE OF ELECTRICITY BY TNP VENDORS WILL CONFORM

WITH STANDARDS REGARDING ELECTRICAL CORD SAFETY (Provided to approved applicants.)

E. No person shall deface or otherwise abuse Downtown property including but not limited to: buildings, signs, parking meters, trash cans, newsracks or plants with any material including stickers, paint or graffiti.

F. Amplification is NOT allowed without previous written approval from the TNP Committee.

G. All applications for TNP must contain name, address, phone number, and signature of applicant or applicant’s authorized agent. This person must be the contact person. The applicant shall acknowledge the participant’s liability for damages (including costs for clean-up and damages to property belonging to merchants or tenants). Participants are responsible for contacting the Downtown Association if there is a contact person change or address change.

H. Approved participants must participate once a space is allocated to maintain validity of permit. Non-use may result in that space being reassigned. Participants must have a valid permit for each date of attendance. Permits may be obtained on a pre-paid basis such as monthly or quarterly advanced billing, arranged with the Event Coordinator or by coming in to the Downtown Association office and paying the fee prior to the date of attendance

NOTE: Participants not attending the event for more than one year must submit a new application to attend.

I, Permits may be revoked for the following reasons:

(The same rules of revocation apply to all participants).

1. Closure of business (Exceptions may be made for businesses undergoing renovations that do not exceed 60 days.)
2. Non-compliance with Downtown Association, City of San Luis Obispo Fire Department or County Health Department regulations
3. Non-payment of prescribed fees within the designated time period
4. Poor attendance
5. Sale or transfer of business

Note: Appeal of TNP Committee determination shall be made in accordance with

“Appeal Process” in General Rules.

J. Businesses that have not applied for and received a permit for TNP will not be allowed to participate in TNP and are subject to removal.

K. TNP participants must have proof of liability insurance with minimum coverage of $1,000,000 (one million dollars) and workers compensation insurance for all employees participating in TNP.

Participants are required to have their insurance carrier notify the DA staff in writing of their insurance status. Further, only business owners or immediate family member may operate vendor booths without providing proof of workers compensation coverage; if family members are working the booth, a letter must be on file with the Downtown Association indicating this intention. All other workers are assumed to be employees and must be covered by workers compensation and proof of such will be provided to the Downtown Association prior to approval of application. NOTE: Refer to application for specific insurance requirements.

L. The DA, the TNP Committee, its agents or staff are not responsible for theft or damages to property belonging to persons participating in TNP. The Downtown Association assumes no responsibility for items left unattended during or at the conclusion of TNP.

M. No person participating in TNP shall state, imply or otherwise suggest that the DA or any of its member businesses endorses, sponsors or supports the views of applicant’s business or organization.

N. Alcoholic beverages or affiliated promotional products may not be sold, consumed, promoted or advertised during TNP.

O. Tobacco products and merchandise may not be sold, consumed, promoted or advertised during TNP.

P. Tattooing, permanent cosmetics and body piercing may not be performed or administered during TNP. Body piercing does not include piercing the leading edge or earlobe of the ear.

Q. The Committee reserves the right to refuse participation to any applicant.

R. The Committee will not discriminate on the basis of race, religion, creed, color, gender, political beliefs, national origin, age or physical disability or any basis prohibited by law.

S. Participants in TNP shall be appropriately dressed (e.g. shirts and shoes), and conduct themselves with proper decorum.

T. The committee reserves the right to limit sales of items that are in direct competition with those items of Downtown merchants.

U. Member businesses have priority over nonmember businesses in all categories.

V. Any participant or applicant denied a permit or whose permit is revoked may appeal the denial/revocation in the following manner:

1. File written appeal within 10 (ten) days of the denial/revocation (obtaining appeal form from DA office) stating nature of appeal and requesting appeal to be agenized at the next earliest or desired meeting date of the TNP Committee. Appellant will be advised of date, time and place of meeting where the item will be agenized.

Note: Appellants who are unable to attend a meeting must contact the TNP Event Coordinator prior to the meeting to request another meeting date. If appellant is a ‘no show,’ the appeal will be removed from the agenda and disregarded.

2. If appellant disagrees with determination of Committee, appellant may then repeat the procedure appealing that decision to the Downtown Association Board of Directors. The decision of the Board of Directors is final.

W. All giveaways (non-adhesive material only) must be pre-approved by the Committee. No stickers or adhesive materials of any kind will be permitted to be sold, distributed, given away or offered.

X. No pets/animals are allowed at TNP without pre-approved authorization and only in limited and controlled circumstances. Animals utilized to assist disabled persons are excepted.

Y. Participants may not harass, follow, or intimidate Downtown visitors or DA staff. Activity that impedes the flow of pedestrian traffic is not allowed. Applicants must stay within their assigned space. Activities that are conducted in such a manner as to interfere with the goals or purposes of TNP may result in immediate revocation of the permit.

Z. Use of Electricity Supplied by Adjacent Businesses. Vendors using electricity supplied by adjacent businesses will comply with the written procedures for accessing and connecting to electrical sources. Vendors will complete a Hold Harmless form supplied by the DA.

Rules & Regulations updated

Approved by TNP Committee 12/23/13

Approved by DA Board of Directors 2/12/13