Revised February 2009

HOURS OF OPERATION

Unless otherwise noted by Management, the hours of operation are as follows:

THE MARKET IS OPEN EVERY SATURDAY AND SUNDAY, YEAR ‘ROUND, RAIN OR SHINE!

OUTDOOR VENDORS

    *Gates open at 7am every Saturday and Sunday for Vendors; 8am for Shoppers

    *Gates close at 5:30 pm

MARKET SQUARE VENDORS

     Market Square opens at 7am for Vendors; 8am for Shoppers

     All Market Square vendors are asked to be ready and open for business no later than 9am

     All Market Square Vendors are asked to remain open until the until the building closes at 4pm and be ready to leave by 5pm

Every Friday is Vendor Set-Up day from 8am – 4pm.  No vendors will be allowed access to Market Square on any other weekday.

All buildings at the market are “SMOKE FREE” at all times.  This includes “Vendor Set-Up” day.

SPACE RENTALS:

All Outdoor spaces are on a first come/first served bases OR you may reserve in advance.

All Market Square spaces must be reserved in advance.  If a space is reserved in advance, is not paid for or occupied by 8am. Management reserves the right to rent that space to another vendor.   The market also reserves the right to relocate any vendor.  Subletting, loan or promising of spaces by vendors is not allowed.  If you wish to move to another space you must get permission to do so at the Office BEFORE moving any merchandise or fixtures.  The market makes any and all final decisions about vendor placement in the market. It is the vendor’s responsibility to pay for their spaces in the office.  Management will not come to your space to collect rents.  Daily rental fees are due by 4:00pm each selling day.  We accept only cash or credit cards from daily vendors or first-time monthly vendors.  If you leave             ANY merchandise on ANY space/s – indoor or outdoor – you are responsible for all rents for all selling days that your merchandise remains on the space/s – regardless if you open your booth or not.  This includes inclement weather days.   All monthly rental fees must be received by the end of the first selling weekend in any month to receive the “free day”.  Vendors submitting monthly rental payments after this deadline will lose their right to receive the “free day discount” and the full month’s rent will be due for all selling days in the month being paid for – no exceptions.   Renting space by the month on outside & Market Square spaces is optional.

If you wish to rent your same space for the next selling day you must notify and pay for your space in the office NO LATER THAN 3:00pm on the current selling day.  Spaces are considered open if not paid for by that time and can be rented if requested. A drivers license MUST be presented when rents are paid with a personal or company check.  All checks  accepted are subject to approval through Certegy check authorization in the office.

ALL VENDOR RENTS PAID ARE NON-REFUNDABLE, regardless of the situation, whether sick, no-shows or cancellations, inclement weather, Acts of God, or any other reason.   

Vendors are not allowed to sell, demonstrate their product or give away samples in the aisles.

Children of Vendors must be kept under control at all times.  A warning will be issued to the vendor parents or guardians if there is a complaint or observance by management of unruly children.  A second complaint or observance of unruliness by the same children will result in management requesting that the children be kept home.

VENDOR SPACES:

Any merchandise or fixtures left on a space MUST be completely covered and secured by a tarp, if outside, or a sheet, if inside, in a neat and orderly fashion at the end of each selling day. Market Square vendors may not hang or use curtains to close their space.  NOTE:  No merchandise may be left on spaces located on the fence line during the week – only Friday and Saturday evenings are allowed. 

Daily vendors must remove their items at the end of the day unless they have paid for the following selling day in advance. Any items left on a space, inside or outside, and the next selling day is not paid for could become the property of Pevely Flea Market. Any trash left by daily vendors  will be charged a $10.00 cleanup fee and will be assessed to any future rent and must be paid before vendor is allowed to sell again.  A vendor is subject to immediate eviction at management's sole discretion if past due rents are owed and/or the vendor does not abide by the market's rules and regulation. Vendor may not remove any merchandise or fixtures from their spaces if past due rents are owed to the market.  In the event of vendor's eviction or abandonment by vendor and all current and past due rents have not been paid in full, any and all merchandise and fixtures left by the vendor will become the property of Pevely Flea Market.  These items will be disposed of at management's discretion..   In addition to past due rents owed, the vendor will be held responsible for all storage fees, packing fees, attorney's fee and court costs associated in the recovery of  any and all monies owed to Pevely Flea Market.

Temporary tents may be erected outside provided they are approved by Management and they MUST be taken down by 5:00pm every Sunday evening.

Vendors may stay overnight on property at their spaces on Friday and Saturday evenings ONLY.  The gate will be locked at 5:30pm.  If you need to leave or return after this time please inform the Office to obtain a key code.

Vendors must keep their merchandise inside the space they are renting including chairs used by vendors. You must allow room in your space to sell.  Vendors are not allowed to sell or lounge outside the space they are renting including aisleways and adjoining spaces. If you or your merchandise spills over to an adjoining space, you will be charged for that space.  Merchandise is not to be placed at the end of any row nor inside the aisles or roadways. Vendors renting in the pavilions are not allowed to sell from the back of their spaces. 

Any new, approved displays, shelving and/or backboards in Market Square cannot exceed 5ft in height in center aisles or 7 ft. in height against the walls.  Current vendors wishing to move to a new space must abide by these height restrictions in new space

All radios and TV’s must be kept at a low volume so as not to disturb other vendors or shoppers.  The market reserves the right to monitor music being played.  If deemed unacceptable for a family atmosphere, you will be asked to turn the device completely off.                                                                                                    

No alcoholic beverages are to be sold or consumed by any Vendor, their agents or employees on property.  Any Vendor who is visibly drunk, under the influence of illegal drugs and/or disorderly shall be expelled from the market with a forfeiture of the entire rental fee paid.

There are to be no private auctions held by Vendors on property.

Vendors will be allowed to organize a maximum of 3 Vendor Potluck dinners per calendar year to be held on the 3 major holidays – Easter, Thanksgiving and Christmas.   Dates of the potlucks MUST be submitted in writing to the office at least 2 weeks prior to the date requested.  Pevely Flea Market management must approve the location of the potluck set-up in Market Square. 

ANIMALS:

No animals are permitted on property with the exception of service animals.  Animals shall not be sold or given away on property – No Exceptions.

DRESS CODE: 

All vendors are expected to wear full clothing and shoes and conduct themselves in a profession manner consistent with our family atmosphere at all times.  Profanity, loud behavior or actions or physical violence will not be tolerated.  Offending vendors will be asked to leave the market.  Habitual offenders will  be banned from selling at the market.

Vendors or their employees or agents caught stealing Vendors merchandise or destroying fixtures will be permanently barred from the market.

INSURANCE:

Laiben Holdings, Inc., d/b/a Pevely Flea Market, will not be held responsible for any Vendors loss or damage of merchandise or equipment while on property, including but not limited to Acts of God.  Vendor should obtain their own property liability and worker’s compensation insurance for their employees, merchandise, fixtures or equipment IF THEY SO DESIRE.  Market Square is protected by an alarm system when closed.  However, if a vendor leaves their merchandise on property it is at their own risk.  Daily Vendors may leave their merchandise providing the next selling day is pre-paid.

Pevely Flea Market is NOT responsible for any liability arising from the negligence of Vendor merchandise, acts of Vendors, their agents or employees or for any consequential injuries sustained from their actions or merchandise to customers or other vendors, their agents or employees.  In the event that Laiben Holdings, Inc., d/b/a Pevely Flea Market  is sued for any negligent acts of any vendors, their agent or employee, the Market’s insurance company will subjugate against said Vendor for the full amount of any loss paid.

CONSTRUCTION PERMITS:

A Construction Permit MUST be obtained at the office BEFORE any construction begins.  This Permit must be displayed in your space until the authorized work is completed.   Management reserves the right to refuse or restrict  the use of any structure that is not in conformity with market specifications.  All structures must be safely constructed to prevent injury to people or damage to the market structures.  Any signs displayed must not swing and must be properly secured.  NO SIGN MAY BE HUNG OVER ANY CENTER AISLE SPACE. All walls, partitions, doors, windows, display units, etc. that are attached, nailed, screwed, bolted, and affixed in any manner to the walls, roof, floors, poles or any other structure in the market, cannot be removed from the market and becomes the property of the market upon termination of vendor's occupancy.  Any injuries or damage caused by a display unit, canopy, sign, canopy, tarp or space covering is the responsibility and liability of the Vendors.    The Vendor shall indemnify and hold Laiben Holdings, Inc., d/b/a Pevely Flea Market, owners and operators of the Market, and its officers, directors, employees and agents free and harmless against all costs, liabilities, claims and damages arising from the Vendors operations.

VENDOR CLEAN-UP:

All vendors are required to clean up their rented spaces at the close of each business day.  Market Square vendors should dispose of trash NEATLY outside the doorways and must not block the doorways.  If possible, all boxes should be broken down.  Outside vendors should place all trash NEATLY inside or around the nearest trash receptacle. Excessive trash left behind could cause a “clean-up” fee be assessed to your next days rent in an amount appropriate to the merchandise/fixtures abandoned.

IT IS ILLEGAL TO ABANDON NEW OR USED TIRES.  WE WILL PROSECUTE ANY OFFENDERS.  Any vendor selling tires must register their name and license with the Office.  Tires are allowed overnight on spaces if the spaces are paid for the next selling day and tires MUST be completely covered up.

GAMES OF CHANCE:  Games of chance, skill or raffles are not allowed, unless conducted by a non-for-profit organization with prior written approval from Management.

VENDOR PARKING:

Outside Vendors are limited to 1 vehicle per space.  If you have more than one vehicle, you must park the extra vehicle in the parking lot.  If you have an RV or trailer, the truck/car and trailer or RV it must fit in your 20’ space or you will be required to rent an additional space to accommodate.  

All MARKET SQUARE vendors are required to park in the designated parking area for that building located at the NW corner of the property near the yellow block restroom.   Vendors may not park in the new shopper parking lot on the east side of Market Square or in vendor selling areas on West side of the bldg.  There is a 15-minute time limit when parking in the loading zones around the building.  Parking in loading zones, doorways or rentable outside spaces will not be tolerated.  If you insist on parking in one of the outside rentable spaces, you will be charged the daily rental for that space and given a warning.  Habitual offenders will have their vehicles towed away at their own expense.  There are handicap spaces located around the perimeter of the building.  You must have a handicap sticker or tag to park in these spaces – NO EXCEPTIONS!

LICENSES:

It is the sole responsibility of the Vendors to obtain any and all licenses needed to do business in the city of Pevely and the state of Missouri as well as collect and remit sales tax to the Missouri Department of Revenue.  Applications for Missouri Sales Tax licenses and additional information are available online at http://dor.mo.gov/tax/business/sales/forms/ .

No food for consumption on the property may be sold without the written consent of Management.  This includes but not limited to individual servings of candy, snacks, drinks and homebaked goods.   Any Vendor selling food items must be approved by the Office AND submit copies of all necessary paperwork and licenses from the Jefferson County Department of Health before selling food items.  In addition, the food vendor must provide, at their expense, an insurance certificate in the amount of $1 million dollars naming Laiben Holdings, Inc., d/b/a Pevely Flea Market as additional insured on vendors insurance policy

BANNED ITEMS:

The following, but not limited to, items may NOT be sold at the market:  Firearms or other weapons, ammunition, fireworks, popping caps, dynamite, pepper spray, any explosive materials; animals of any kind; books, videos, clothing or any other items that may be considered by Management to be offensive or pornographic; any counterfeit, illegal or stolen items; any drugs or drug related paraphernalia, cigarettes or alcohol.  Management reserves the right to evict any Vendor who sells or attempts to sell any of the above items without refund of rents paid.  The Vendor shall indemnify and hold the Market, any agents or employees harmless against any and all liability from the sale of any of these dangerous or defective merchandise, and any other liability as a result of the Vendor’s failure to comply with these Rules and Regulations

COMPLAINTS:

Any and all complaints should be directed to the Office.  Management’s decision on these matters will be final.

MANAGEMENT RESERVES THE ABSOLUTE RIGHT:  to refuse or terminate rental of any booths to any person, expel or evict any person in violation of the Rules and Regulations, or when deemed in the best interest of the Market and of the other Vendors.   There will be no refunds for expulsion due to the violation of these Rules and Regulations.

STRICT PERFORMANCE:  If the Market or it’s Management does not insist in any one of more instances upon strict performance by any Vendor(s) of any of the Rules and Regulations, this shall not be construed as a waiver or relinquishment for the future enforcement of such Rules and Regulations, and any and all Rules and Regulations and any additions shall continue to remain in full force and effect.  Management shall have the option of suspending any Rules and Regulations as to any Vendor at any time at their discretion.

These are the basic rules of this market.  Other Rules and Regulations deemed in the best interest of the Market may be added, amended or changed and all Vendors are required to adhere to these policies.  By renting in this market, every Vendor hereby agrees to adhere to these rules.