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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):
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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:
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(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 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 5:00 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. 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) You may request a corner space or a specific row space assignment. Request for
specific space assignments cannot be accommodated. We will accommodate your request
to the extent possible based on space availability.
(8) 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) Only Priority Monthly Reservation Permittees arriving by 5:30 a.m. may request
a corner or a specific row assignment. All Priority Monthly 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 directed to Overflow where they will be subject to
all fees and conditions as outlined in Section IV, Item 1.0.
6.0 BID/AUCTION SPACE PROGRAM PERMITTEE:
(A) Individuals need not have previously sold at the Orange County Market
Place in order to participate in the Bid Program. The available space location(s)
and the minimum bids will be posted at the Information Booth. Complete instructions
and the preprinted bid forms will also be available at the Information Booth during
Orange County Market Place hours. Bidding is open to all. Advance approval of product(s)
or service(s) is required. The bid process shall only be for the posted bid spaces,
and will be in addition to any other monthly space assignment(s) which the bidder
may hold. Successful Bid Permittees may not participate in other daily space programs.
The bid space assignment shall be for all operating Saturdays and Sundays within
one (1) calendar month excluding special holiday events.
(B) All bids must be submitted on a preprinted bid form available from the Information
Booth during Orange County Market Place hours. The bid form must specify approved
item(s) to be sold, and be in compliance with the current Operating Procedures.
Incomplete bid forms will not be considered. All bid forms must be received by the
first calendar day of the month prior to the month you wish to participate (see
Appendix B).
(C) All bids must be accompanied by a Cashiers Check or Money Order made payable
to Orange County Market Place and a self addressed stamped envelope. The successful
bid shall be non-refundable. Unsuccessful bids shall be returned in the envelope
provided by bidder. Tel Phil Enterprises, Inc. reserves the right, in its sole discretion,
to reject any or all bids.
(D) Permittees who are awarded bid spaces will be required to pay monthly Merchant
Services fees.
(E) Bid Space Permittees are required to maintain a current annual insurance policy
(see Section II, Items 11.1 and 11.2) and California Retail Seller's Permit (see
Section II, Item 9.0).
(F) Bid 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 the Permittee and all the Permittee's 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 4:00 p.m.
(6) If a Bid 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 a bid 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 bid spaces
on a daily basis where a Permittee fails to use such space during the term of a
bid permit.
(8) There will be a minimum charge of not less than $10.00 for any duplicate space
card should the original become lost.
7.0 CORPORATE SPACE PROGRAM PERMITTEE:
(A) Participation in this program is only through invitation by the Orange County
Market Place. An invitation to participate does not guarantee that future invitations
will be offered.
(B) Space assignments for the Corporate Space Program Permittees are at the sole
discretion of management. Spaces are assigned on a non-recurring basis. There is
no warranty that the Permittee will be assigned to any particular space, whether
or not the Permittee has been assigned to that space previously.
(C) Permittees who hold Corporate Space Program space assignments will be subject
to Section IV, Item 9 (C).
(D) Permittees who hold Corporate Space Program asignments will be required to pay
the Corporate Space fee and the Merchant Services fees in advance.
(E) Corporate Space Permittees are required to maintain a current annual insurance
policy (see Section II, Items 11.1 and 11.2) and California Retail Seller's Permit
(see Section II, Item 9.0).
(F) For additional information, contact the Corporate Office (see Appendix A).
8.0 MANUFACTURER'S OUTLET PROGRAM PERMITTEE:
(A) Participation in this program is only through invitation by the Orange County
Market Place. An invitation to participate does not guarantee that future invitations
will be offered.
(B) Space assignments for the Manufacturer's Outlet Space Program Permittees are
at the sole discretion of management.
(C) Permittees who hold Manufacturer's Outlet Space Program assignments will be
required to pay the Manufacturer's Outlet Space fee, 10% of the daily gross sales,
and the Merchant Services fees.
(D) Manufacturer's Outlet Space Permittees are required to maintain a current annual
insurance policy (see Section II, Items 11.1 and 11.2) and California Retail Seller's
Permit (see Section II, Item9.0).
(E) For additional information, contact the Corporate Office (see Appendix A).
9.0 MONTHLY SPACE PROGRAM PERMITTEE:
(A) A Permittee must have sold on at least three prior occasions at the Orange County
Market Place before application can be made for a monthly space permit. Applications
may be obtained from the Information Booth at the Orange County Market Place during
operating hours. To apply for a monthly space, Permittees must submit the monthly
application and photographs of their displays to the Corporate Office to be considered
by the review committee (see Appendix B). Applications and photographs will remain
on file for six months. Permittees will be notified if the application is approved.
(B) Those Permittees selected to become Monthly Permittees are determined at the
sole discretion of Tel Phil Enterprises, Inc. Some of the criteria used are:
(1) The ability to create a "fun experience" for our customers;
(2) The ability to "involve" the customer;
(3) The ability to offer the customers "good value" and to "demonstrate" that value;
(4) The dedication to providing 100% customer satisfaction.
(5) The ability to conceal the Permittee's vehicle and create a display that enhances
the presentation of the Orange County Market Place.
(6) The offering for sale unique items not commonly found in retail trade; and
(7) The availability of space for the monthly space program.
(C) Monthly 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 4:00 p.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 a monthly 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 monthly spaces
on a daily basis where Permittee fails to use such space during the term of a monthly
permit.
(8) There will be a minimum charge of not less than $10.00 for any duplicate space
card should the original become lost.
(D) Monthly Space Permittees will be required to pay all applicable Merchant Services
fees (see Section III).
(E) Monthly Space Permittees are required to maintain a current annual insurance
policy (see Section II, Items 11.1 and 11.2) and California Retail Seller's Permit
(see Section II, Item 9.0).
(F) Payments for monthly space fees are due on or before the 25th day of the second
month immediately preceding the month for which the space fees are being paid. For
example, if a Permittee is paying for the month of March, payment for the space
fees must be postmarked no later than January 25th (which is approximately five
weeks before the beginning of the selling month).
10.0 AUTOMOTIVE ROAD OF DREAMS MARKET PLACE PROGRAM PERMITTEE:
The Automotive Road of Dreams Market Place component of the OrangeCounty
Market Place is located on the Carnival Lot of the Fairgroundsadjacent to the Automotive
Road of Dreams Museum. All spaces areavailable on a pre-sale basis and Automotive
Road of Dreams MarketPlace Permittees are subject to all rules and regulations stipulated
inthese Operating Procedures. More information as well as specificsrelating to this
program are available in an Automotive Road of Dreams Market Place supplement to
these Operating Procedures available at theInformation Booth or by contacting the
Corporate Office.
11.0 FREE SPEECH AREAS
If a person desires to be present at the Orange County Market Place for
the solepurpose of the non-commercial expression of ideas or dissemination of literaturein
connection with such expression, the person must contact the CorporateOffice in
writing at least two (2) weeks prior to the day(s) that the persondesires to be
present (see Appendix B). Two (2) areas have been set aside forsuch expression and
dissemination. The areas designated for such expression and dissemination are subject
to change.
(A) No more than four (4) people may occupy the area at anytime andthey must remain
within the designated boundaries of the area andmay not conduct activities outside
of the area.
(B) There is no charge for the use of such designated areas.
(C) The sale of any goods or services or fund raising of any type is expressly forbidden
in such designated areas.
(D) Use of such designated areas may be refused if in the opinion ofmanagement the
ideas expressed or the information disseminated:
(1) violates any Federal or State law or any local ordinance;
(2) appeals solely to lewd or obscene interests; or
(3) jeopardizes the health, safety and welfare of the patrons,Permittees and/or
employees of the Orange County Market Place.
(E) The use of these areas is on a first-come, first-served basis.Reservations may
not be made more than four (4) weeks in advance. Persons or groups that have not
previously utilized theareas will be given priority. There is no guarantee that
there will be an area available on the day(s) that an area is requested.
(F) Persons utilizing the Free Speech Area may not unreasonablyinterfere with the
customers or with the operation of the OrangeCounty Market Place.
APPENDIX
APPENDIX A
Telephone Numbers
Orange County Market Place Reservation Line. . . . (714) 977-5360
Orange County Market Place Corporate Office. . . . (949) 723-6660
Orange County Market Place Automotive Road Of Dreams
Office . . . . . . . . . . . . . . . . . . . . . . (949)723-6663
Orange County Market Place Corporate Office Fax. . (949) 723-6659
Orange County Market Place Food Services Office. . (714) 557-0426
Orange County Market Place Buyer Information . . . (949) 723-6616
Orange County Market Place Seller Information. . . (949) 723-6606
California State Board of Equalization
Irvine District Office
16715 Von Karma Avenue,
Suite 200 Irvine, CA 92606 . . . . . . . . . . . . . . 949-440-3473
Orange County Health Care Agency . . . . . . . . . 714-433-6000
All inquiries regarding the Orange County Market Place should be directed to theabove
telephone numbers and not to the Orange County Fairgrounds.
APPENDIX B
Addresses, General Correspondence, Suggestions,Requests for
Authorization to Sell, Corporate Space Program Payments, Priority Monthly Reservation
Program Payments, Applications for Monthly Ground Space Permit, No-Show/Missed Reservation
Payments, Bid Space Program Forms
Mail to: Orange County Market Place
P.O. Box 11929
Costa Mesa, CA 92627-0293
Monthly Seller Payments
Mail to: Orange County Market Place
P.O. Box 2214
Costa Mesa, CA 92628-2214
Insurance Correspondence
Special Event Holiday Applications
Automotive Road of Dreams Market Place Applications and Payments
Ombudsman Correspondence
Mail to: Orange County Market Place
P. O. Box 10159
Costa Mesa, CA 92627-0293
Attn: Operating Procedures
APPENDIX C
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