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HomeMy WebLinkAbout111924-07.2ADMINISTRATIVE STAFF REPORT 7.2 TO: Mayor and Town Council November 19, 2024 SUBJECT: Danville Certified Farmers’ Market Update BACKGROUND At a regularly scheduled Town Council Study Session on June 11, 2024, Town staff and representatives from the Pacific Coast Farmers’ Market Association (PCFMA) provided an update on implementing the approved amendments to the PCFMA 2022-2025 Operating Agreement (Attachment A). PCFMA discussed additional enhanced market offerings and activities in an effort to increase market attendance and improve the Danville Farmers’ Market. Town staff were directed to assume management of the Merchant at the Market program. This change was documented in a side letter to the Operating Agreement (Attachment B) DISCUSSION Over the past year, the Pacific Coast Farmers’ Market (PCFMA) team has been implementing the approved amendments and additional enhancements to the Danville Farmers’ Market. Having the option to modify the vendor ratio to a range of 45-55% for non-agricultural vendors has enabled more efficient scheduling and placement of vendors. The number of vendor stalls has increased significantly, from the thirties in spring to the mid-fifties in summer and early fall. Adding a wine producer to the market was another approved amendment. The wine producer has met all the stringent vendor requirements and has adhered to wine tasting limits within a defined area of the market. Lastly, new vendors for the market have been screened on a more regular basis by PCFMA staff as opposed to juried on a yearly basis. Since PCFMA staff changes in March 2024, market updates and reporting have become more consistent. In their presentation, PCFMA will provide 2024 achievements, plans for the winter season, and a review of promotions and activities. In preparation for winter, PCFMA has proposed using the Town’s streetlight banner program to increase awareness of the market. Staff suggests placing 3-4 banners on Railroad Avenue, along the market border. The placement of these banners would be instead of the existing Farmers’ Market 2 November 19, 2024 seasonal banners in this location, and would be produced and installed at the expense of PCFMA. Merchant at the Market Program In June, Council directed staff to assume management of the Merchant at the Market program. Marketing efforts by the Town to increase participation in this program by Danville-based businesses include social media posts, the Business Focus email newsletter, promotion to new businesses during Open in Danville visits, and a redesigned webpage dedicated to this program. Since August 2024, 13 out of 16 market dates had participation. Managing the program directly has provided key insights into business sentiment for the program. Feedback suggests traditional retail businesses struggle to staff booths, obtain the commercial general liability insurance required to conduct sales at the market, and meet the PCFMA requirement that “All products sold at the Danville CFM must be produced by the vendor. Buying and reselling of product is not permitted.” Additionally, for any restaurants wishing to participate, the Contra Costa County Health permit process requires filing documents 30 days in advance and has very specific parameters for pre-packaged food. Based on staff observations and input from businesses under existing parameters, the Merchant at the Market program does not efficiently serve the majority of Danville businesses. With traditional retail establishments unable to sell at the market, food establishments not finding the Health Department requirements feasible, and the cost of insurance for vendor-produced goods, the program is not providing the benefit the Town Council may have intended when it was established. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT No new fiscal impact. Farmers’ Market 3 November 19, 2024 RECOMMENDATION Provide feedback to staff on continuation of the Merchant at the Market program. Provide feedback on the PCFMA annual report and marketing efforts, including banners along Railroad Avenue. Prepared by: Melysa Vander Mel Economic Development Specialist Reviewed and approved by: Jenn Starnes Communications and Economic Development Manager Attachments: A - PCFMA 2022-2025 Operating Agreement B - Side Letter Agreement C - PCFMA Application for Merchant at the Market 2022-2025 ENCROACHMENT PERMIT/RIGHT OF ENTRY This Amended Encroachment Permit/Right of Entry (“Encroachment Permit”) is made and entered into as of April 3, 1990, and amended on May 1, 1993, December 6, 1994, February 21, 1995, April 20, 2004, May 16, 2006, March 2, 2010, March 31, 2013, April 12, 2016, May 4 2019, May 13, 2022 and December 21, 2023 by and between the TOWN OF DANVILLE (hereinafter the “Town”), a California municipal governmental corporation and the PACIFIC COAST FARMERS’ MARKET ASSOCIATION (hereinafter the “Association”), a California non-profit mutual benefit corporation. RECITALS 1.The Association exists for the purpose of developing, organizing, operating and managing “Certified Farmers’ Markets” (as such term is defined in Section 27512 of the California Health and Safety Code/Article 6.5, Title 3 of the California Administrative Code). 2.The Association desires to develop, organize, operate, maintain and manage a Certified Farmers’ Markets in the Town, on property owned and maintained by the Town for the benefit of and use by members of the general public. 3.Town desires to permit such use by the Association, provided that the public health, safety and welfare are not thereby impinged, diminished or adversely affected. 4.This Encroachment Permit is granted by the Town and accepted by the Association upon each and all of the conditions set forth herein, and by accepting the benefits hereof the Association agrees to fully perform and observe such conditions. PERMIT/RIGHT OF ENTRY 1.Permission is hereby granted for a period of three (3) years to the Association, subject to paragraphs 8 and 9 below, to enter and use a portion of the municipal parking lot located on the west side of Railroad Avenue as is located west of the Southern Pacific Railroad Depot at the north end of the Railroad Avenue Municipal Parking Lot, (hereinafter the “permitted area”), between the hours of 7:00 a.m. and 2:00 p.m., every Saturday, during the duration of the Permit/Agreement (see Exhibit 2 for “permitted area”). 2.Nothing in this Agreement precludes a Town event or other exhibition that might be scheduled in the downtown area during the hours of operation of the DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E ATTACHMENT A 2022-2025 Encroachment Permit 2 Association. The Association will be notified as soon as possible of any road closures in the downtown or road closures that might affect the Association’s vendors. A suggested detour map, if needed, will be printed in the local newspapers the week before the Town event. In the event of a severe conflict of interest, either the Association or the Town has the right to cancel a Saturday morning market with a 45-day advance notice. 3. The use for which such Encroachment Permit is granted is the development, organization, operation, maintenance and management of a Certified Farmers’ Market in accordance with and pursuant to all applicable laws and regulations of the State of California, and for no other use or uses whatsoever. 4. The Association shall at all times observe and obey all applicable ordinances, resolutions, rules and regulations of the Town, and shall promptly obey each and all lawful orders given to it by the Town Manager or his/her named designee, any officers of the Danville Police Department for public safety purposes, or by any employee of the San Ramon Valley Fire Protection District or the Contra Costa County Health Department. 5. The Association shall, at all times during which this Permit remains valid and in effect, take out and maintain in full force and effect a policy or policies of public liability insurance for the death or injury of any person or persons resulting from or incidental to the use permitted hereby, in the amount of TWO MILLION DOLLARS ($2,000,000). The Town, its members, officers, agents and employees shall be named as an additional insured under such policy or policies. The Association shall, prior to the initiation of the use, permitted hereby, supply the Town with certified copies of such insurance policy or policies, or an acceptable certificate thereof, which policy, policies or certificate shall provide that the insurer shall give the Town thirty (30) days advance written notice prior to its cancellation of such policy or policies. 6. The Association agrees to indemnify, defend and hold the Town harmless from and against any and all claims, actions, causes of action or liability of any kind or nature whatsoever, for damages arising out of any injury to or death of any person or persons, or property of any kind and to whosoever it may belong, including the Town, on account of willful misconduct or negligent conduct on the part of vendors or other persons compensated by the Association at the Farmers’ Markets. 7. The Association shall keep and maintain the permitted area free and clear of any and all trash, refuse, garbage, debris or litter arising from or incidental to its use of DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E 2022-2025 Encroachment Permit 3 the property as permitted hereby. The Association shall not commit, suffer to permit any waste on the permitted area. 8. The location of this Encroachment Permit may be changed by the Town if deemed appropriate. The Association will be given no less than ninety (90) days advance written notice of the proposed change to a location approved by both parties. Distribution of any notice of change of location is the sole responsibility of the Association. The Town shall not be liable to the Association for any costs, expenses, fees, losses or damage of any kind or nature whatsoever on account of its exercise of the right reserved in this paragraph. 9. This Encroachment Permit may not be revoked except upon 45 days’ advance written notice to the Association and in such event the Association shall have the full right to complete and prepare an appeal of the revocation to the Town Council and that pending completion of such appeal, the Encroachment Permit shall remain valid and enforceable. 10. This Encroachment Permit may not be transferred or assigned to any other entity without the prior written consent of the Town. 11. No property right is granted hereby; notwithstanding the foregoing, the Association hereby knowingly waives and relinquishes any rights it may have or claim to have pursuant to California Government Code, Sections 7260 through 7277. 12. In accordance with Ordinance 96-10, alcohol consumption is prohibited within Town public right-of-way (streets, sidewalks, parking lots, etc.). 13. Wherever the term “Pacific Coast Farmers’ Market Association” (PCFMA) is used herein, such term shall mean, be interpreted and include the Association its members and officers. 14. An “Operating Agreement” is attached hereto, marked Exhibit 1, and incorporated in full by this reference. Whenever a conflict arises between the terms of Exhibit 1 and this Encroachment Permit, the terms of this Encroachment Permit shall prevail. 15. Notices required hereby shall be deemed to have been fully given when served personally on the Association or the Town or when deposited in the United States mail, postage paid addressed as follows: DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E 2022-2025 Encroachment Permit 4 To the Town: Town of Danville Attention: Business and Economic Development Director 510 La Gonda Way Danville, CA 94526 To the Association: Pacific Coast Farmers’ Market Association 5060 Commercial Circle, Suite #A Concord, CA 94520 Demonstrating our agreement with these provisions, we sign this document. TOWN OF DANVILLE PACIFIC COAST FARMERS’ MARKET ASSOCIATION By: _______________________________ By: _______________________________ Joseph A. Calabrigo Allen Moy Town Manager Executive Director Dated: Dated: DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E 12/21/202312/21/2023 2022-2025 OPERATING AGREEMENT DANVILLE CERTIFIED FARMERS’ MARKET The Pacific Coast Farmers’ Market Association (PCFMA) agrees to operate the Danville Certified Farmers’ Market (CFM) in Danville, California. BACKGROUND The Town of Danville is located in the heart of the San Ramon Valley. Danville features a downtown shopping district offering customers an array of retail shops and restaurants. To further enhance the community, Danville has hosted a Farmers’ Market once each week since 1990, where local growers bring their farm-fresh produce into town. Shoppers enjoy purchasing vine/tree ripened fruit and vegetables, talking with the growers, meeting their neighbors, tasting heirloom and specialty varieties and picking up a new recipe. Pacific Coast Farmers’ Market Association The Association, a non-profit, mutual benefit corporation dedicated to “Bringing the Farm-to-the-City,” operates other Certified Farmers’ Markets in the San Francisco Bay Area. With a grower organization of over 200 farms throughout California, PCFMA is able to integrate Certified Farmers’ Markets into city and regional centers and retail shopping districts. This exciting concept in food shopping gives consumers the opportunity to shop for fresh fruit and vegetables while visiting the Downtown. Certified Farmers’ Markets In 1979, the California Department of Food and Agriculture developed a program to authorize and encourage direct marketing of farm products to consumers through Farmers’ Markets, U-Pick, Roadside stands, etc. The Food and Agricultural Code was amended to regulate the operation of CFM’s. Under these regulations, county agricultural commissioner verify that growers sell only the products they grow. No one is allowed to buy products and resell them at CFMs. Only California-grown products may be sold. A grower with a certificate from any county in California may sell at any CFM in the state provided there is space to accommodate them. DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E 2022-2025 Operating Agreement 2 Exhibit 1 GENERAL PLAN The Town of Danville agrees to sponsor a Certified Farmers’ Market in Danville. The Pacific Coast Farmers’ Market Association (PCFMA) will continue to operate a Certified Farmers’ Market (CFM) according to this General Plan: 1. Market Development A. Site Plan and Development 1. The market space is located west of the Southern Pacific Railroad Depot at the north end of the Railroad Avenue Municipal parking lot (see Exhibit 2 map). 2. An analysis of traffic flow and parking accessibility and availability for optimal operation of the CFM while creating visits to Danville’s “Old Town” will continue to occur by the PCFMA and Town of Danville, with adjustments made as necessary. 3. Organization Structure and Management. 4. PCFMA Board Members. 5. Implement action plan that will mutually benefit the Town of Danville and the CFM. 6. Employ CFM Manager. 7. Modify rules and regulations for the market with reservation and seniority policy. B. Grower Recruitment and Coordination 1. Inform association members and recruit growers to yield number of growers per market day that will provide a variety of quality agricultural products. Recruit local fishermen to sell their “catch-of-the-day” directly to consumers. 2. Operations and Management A. Train and supervise management of the Danville CFM. DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E 2022-2025 Operating Agreement 3 B. Enforce state and local agricultural and health regulations. Serve as on-going liaison with county agricultural commissioner. C. Assure adherence to market rules and regulations, product quality, set-up and clean up procedures. Perform and monitor site clean-up. Obtain feedback from property management to assure adherence to the Town of Danville’s guidelines. D. Market Day Systems: signage, information booth, Merchant at the Market booth, Town Council booth, customer relations, and grower coordination. E. Secure insurance: Provide copies of insurance policy to the Town of Danville each year. F. Non-Agricultural Restrictions: 1. The CFM non-agricultural sellers will stay within 25% to 45% of all vendors, except during the months of October through April, the percentage may be increased to a range of 35% to 55%. 2. Priority shall be given to Danville-based businesses for non-agricultural booths before outside vendors. 3. Interested Danville-based businesses shall be placed at the top of nonagricultural waitlist for the Danville CFM. 4. Market categories are as follows: Agricultural Non- Agricultural Products Services Fruits Nuts/Nut Butter Vegetables Nursery Stock Cut Flowers Eggs Honey Farm Raised Fish Oils/Olives Pesto/Jams/Jellies Beans Cheese/Dairy/Butter Ocean Fish and Shellfish Wine Producer Bakery/Confectioner Products Organic Meat/Sausage Specialty Drinks Coffee/Tea/Water Granola/Baked Goods Pasta/Sauces Prepackaged Foods Prepared Food Market Tote Bags Baskets Kitchen Wares Market Information Booth Town Council Booth Two Merchant Booths Musical Entertainment Knife Sharpening DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E 2022-2025 Operating Agreement 4 5. All products sold at the Danville CFM must be produced by the vendor. Buying and reselling of product is not permitted. Non-agricultural producers are screened and selected for their viability in each market by the Regional Manager or Operations Director.. 6. Artisan vendors are defined under the non-agricultural category and may be permitted at the Danville CFM, provided products are ancillary to agricultural market products and do not directly compete with local businesses. Artisan vendors shall be approved by the Town of Danville. 7. The weekly/monthly market report shall state the number of agricultural and non-agricultural vendors, service booths, and attendance information. G. Merchant at the Market Program & Government Organizations: Guidelines for the Merchant at the Market Program are as follows: 1. The business must be located in Danville Town limits. 2. The business must possess a valid Town business license. 3. Goods or services provided must be non-agricultural. 4. Businesses can only sell products that they sell in their store. 5. Danville-based businesses that have a primary business model of production and/or sale of beer and wine are permitted to sell pre-packaged alcohol (i.e., bottles, cans). Tasting is not permitted. 6. Vendors selling food items shall obtain all necessary health permits and abide by all health department regulations. 7. Liability waiver and proof of insurance must be provided by merchant or sponsoring merchants’ group. 8. The booth shall be located in the non-agricultural section of the market. 9. PCFMA shall provide one table and one tablecloth for each Merchant at the Market Program booth. The Merchant shall provide a 10 x 10 canopy shade structure if desired. 10. The booth shall be identified as the “Merchant at the Market” booth, with a poster explaining what the program is about and which business(es) is/are being featured. DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E 2022-2025 Operating Agreement 5 11. Preference for use of the booth shall be given to organized business groups (such as the Danville Area Chamber of Commerce and Danville-based businesses). The Danville Area Chamber of Commerce will manage the schedule that will be rotated each week by participating businesses. 12. The overall program shall be managed by the PCFMA in accordance with procedures outlined by Town Staff, except as otherwise noted. 13. If the booth has not been confirmed by the business holding the time slot for that week by the Wednesday prior to the Saturday market, then the booth can be reserved on a first come/first serve basis by one of the other Danville- based business on a waitlist, the Danville Area of Chamber of Commerce members, or Government Organizations. Guidelines for the Government Organizations are as follows: 1. The organization must be a local or regional government agency that provides service to all residents of Danville and/or Contra Costa County residents. 2. The program and resources offered must benefit all residents and community members. 3. The government organization must be a nonpartisan government agency that is not aligned, affiliated influenced or supporting any one political party. 4. The participating organization shall be located in the “Merchant at the Market” booth space only if the booth is not filled by a Danville merchant as defined above or if permission to share the booth has been granted by the merchant using the booth that week. Town of Danville Town Council Outreach 1. The Danville CFM organizer shall provide a table for Town Council to be located inside the information booth weekly at a designated location selected by the Town of Danville. The information booth shall remain in the same general area each week. H. Day and Hours of the Market 1. The Market shall operate between the hours of 9:00 a.m. and 1:00 p.m. every Saturday. 2. Market vendors shall not set up prior to 7:00 a.m. DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E 2022-2025 Operating Agreement 6 3. The PCFMA shall be responsible for maintaining cleanliness of the site within the market limits after each event and shall be responsible for removing or recycling trash which resulted from market activity. 3. Promotion A. The PCFMA shall strive to develop programs that engage Danville retail and restaurant businesses through cross promotion or direct participation. B. The Danville CFM Regional Manager shall meet with the Town of Danville at the end of each year to identify opportunities where Market promotions, Town promotions/programs can be integrated in the marketing plan and operation of the market. C. A marketing plan, which includes promotion, publicity and community outreach, shall be prepared by the PCFMA and sent to the Town of Danville prior to March 1 of each year. 4. Communication A. A representative of the Town of Danville will serve as on-going liaison with the CFM. Once each month, the Town representative, if desired, may meet with the CFM Market Manager and/or a Director of PCFMA to determine the progress of the development and operation of the Danville CFM. The CFM Regional Manager shall notify the Town two weeks prior to appointing a new Market Manager to the Danville CFM or of any operational changes that may affect the terms of this agreement. B. Market reports on the Danville CFM will be sent to the representative of the Town of Danville on a weekly/monthly basis. The report will describe the progress of the CFM including operation, marketing, promotion, management and attendance. A copy of the PCFMA annual report will be sent to the representative of the Town of Danville prior to March 1 of each year. C. The PCFMA may be asked to provide the Town Council with a yearly update at a regularly scheduled Town Council Meeting. D. The representative of the Town of Danville, if desired, may attend the meeting of the PCFMA Board of Directors once each quarter. DocuSign Envelope ID: 567CC40F-4128-4235-AC0A-5F64EC1F834E “Small Town Atmosphere Outstanding Quality of Life” 5 0 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3320 (925) 314-3450 (925) 314-3700 (925) 314-3400 Side Letter Agreement This agreement is a Side Letter to the 2022-25 Encroachment Permit/Right of Entry between the Town of Danville and the Pacific Coast Farmers’ Market Association, dated 12/21/2023, updating Exhibit 1 as follows: Section 2, Item G: 11.Preference for use of the booth shall be given to Danville -based businesses. Non-profit organizations are not considered “businesses” for the purpose of this program. Town staff will manage a schedule that will be rotated each week from a list of approved businesses. 13.Businesses based outside the Town of Danville may be placed on a waitlist for consideration. If the booth has not been confirmed by the business holding the time slot for that week by the Wednesday prior to the Saturday market, then Town staff may, at its discretion, make the booth available first to one of the other Danville-based business on a waitlist, then potentially to non-Danville businesses. Agreement to take effect July 22, 2024. TOWN OF DANVILLE PACIFIC COAST FARMERS’ MARKET ASSOCIATION By: _______________________________ By: _______________________________ Joseph A. Calabrigo Allen Moy Town Manager Executive Director Dated: Dated: Docusign Envelope ID: A7DD1275-F255-4630-987C-330941556F31 7/17/20247/17/2024 ATTACHMENT B Danville Farmers’ Market Merchant at the Market Application Thank you for your interest in participating in the Danville Farmers’ Market Merchant at the Market program. Participation Restrictions: 1.Goods sold by merchants of the market may not be agricultural products. These include fresh or processed products produced in California, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, or meat. 2.Merchant is permitted to only sell products made by their business. There is no reselling of products allowed in the farmers’ market. 3.Merchant selling or giving away food or beverage items must obtain a Contra Costa Health Permit. 4.Merchant conducting sales in the market must obtain general liability insurance for $1,000,000. See next page for details. 5.Merchant selling wine and/or beer must obtain all proper Alcohol Beverage Control (ABC) permits as well as general liability insurance for $1,000,000. See next page for details. General Procedures: 1.Submit Merchant at the Market Application to the Town of Danville for review and approval prior to being scheduled to participate within the market. 2.Reservations to participate in the market must be made through the Town of Danville (business@danville.ca.gov). 3.Arrive no later than 8:30am. Vehicles are not permitted in the market to unload after 8:30am and must exit the market by 8:30am. 4.Upon arrival at the market, please locate the Market Manager for your space assignment. 5.Follow all instructions provided by the Market Manager or any other staff from Pacific Coast Farmers’ Market Association (PCFMA) that are present. 6.Merchant will staff their booth for the entire market from 9:00am – 1:00pm. 7.Merchants are expected to remove all trash from their stall space and leave the market no later than 2:00pm. 8.Merchant must provide all equipment: table, tablecloth, chair etc. optional 10x10ft canopy (with weights/sandbags). *Electricity is not available. ATTACHMENT C Pre-Packaged Food Sales PCFMA will apply for your temporary permit as part of their Farmers’ Market permit; you do not apply directly to CCC Health. If a business wishes to sell food or beverage items that have been prepared in a kitchen and pre- packaged, the business must provide a CA Processed Food Registration or a Contra Costa Health Permit for the facility where the food is prepared. In addition to these permits, the business must complete a Contra Costa Temporary Food Facility (TFF) Application, commissary health permit, or PFR if using a co-packer and submit it to Pacific Coast Farmers’ Market Association 30 days prior to the participant’s scheduled market date. The application fee is $200 and is valid for the year. Please send checks to PCFMA at 5060 Commercial Circle Ste. A Concord, CA 94520 ATTN: Cheyenne Erickson. Restrictions and Requirements: •Sampling is not permitted unless packaged prior to the market in a certified kitchen. •Open containers are prohibited. •Food may not be prepared on-site. •Contra Costa County Health Food safety guidelines must be followed. Beer and Wine Sales General wine and beer sales participation requirements: •Possession of open containers and consumption of alcoholic beverages are prohibited in the Danville Farmers’ Market. •Sampling is not permitted. •Must provide proof of general liability insurance (See below) •Must obtain all proper ABC licenses (See below) •Must sell and operate in compliance with applicable law and PCFMA Rules and Regulations. Insurance: At all times when participating in the Danville Farmers’ Market, every business conducting sales must maintain, at its sole expense, commercial general liability insurance including liquor liability, if applicable, blanket contractual liability, and personal injury coverage with a combined single limit of $1,000,000 per occurrence for bodily injury, including death and property damage. If the participant has an employee(s) working under this agreement, Worker’s Compensation Insurance will also be required. The certificate of general liability insurance must be submitted to the Town of Danville prior to participating within the market. The participant must submit two separate certificates one each for Pacific Coast Farmers’ Market Association and the Town of Danville as an additional insured and include the following addresses: The Town of Danville 500 La Gonda Way Danville, CA 94526 Pacific Coast Farmers’ Market Association 5060 Commercial Circle Suite A Concord, CA 94520 ABC License for winery: Any grower of grape or non-grape wines (“Wine Seller”) wishing to participate in a Market must hold a certified producer’s certificate listing the agricultural product that was used to create the wine, as well as a winegrower’s license (ABC Type 2) and a certified farmers’ market sales permit (ABC Type 79) for the Danville Farmers’ Market. A Wine Seller may only sell wine produced entirely from agricultural products grown and bottled by the Wine Seller. When authorized, Wine Sellers must sell and operate in compliance with applicable law. ABC license for beer manufacturer: Any beer manufacturer (“Beer Seller”) desiring to sell beer that has been produced by them must hold a certified farmers’ market beer sales permit (ABC Type 84), which allows beer manufacturers to sell beer at certified farmers’ markets in the same county or adjacent county to the licensed beer manufacturing facility. They also must hold either a beer manufacturer license (ABC Type 1) or a small beer manufacturer license (ABC Type 23). When authorized, Beer Sellers must sell and operate in compliance with applicable law. Market Contact Information: On-Site Market Manager: Etai Wolins Email Address: etaiwolins@pcfma.org Office Phone: (925) 771-2972 Regional Market Manager: Cheyenne Erickson Email Address: cheyenneerickson@pcfma.org Office Phone: (925) 771-2976 Danville Farmers’ Market Location: 205 Railroad Avenue Danville, CA 94526 GENERAL RELEASE AND INDEMNITY AGREEMENT (Please read carefully) Applicant agrees that if a License is issued pursuant to this Application, Applicant will assume liability for and shall indemnify and hold harmless the owners of the real estate, their lessees, the Management Company ( and all their shareholders, directors, employees, customers and invitees), market vendor ( and their owners, officers, directors, employees, customers and invitees) from any and all liabilities, obligations, losses, penalties, claims, actions, suits, damages, expenses, disbursement (including legal fees and expenses), or costs of any kind and nature whatsoever in any way relating to or arising out of any activity of the Applicant, its members, officers, directors, employees, agents, contractors, tenants . Pacific Coast Farmers' Market Association shall not be liable to the Applicant or any other person on or about the Farmers' Market by the Applicant's consent, invitation or license, express or implied, for any loss, expense or damage, either to the person or property sustained by reason of any condition of the Farmers' Market, or due to any act (including negligent acts) of any other person whatsoever, all of which claims are hereby waived by applicant for itself and each of its members. The undersigned hereby represents that he/she is the Applicant, or an officer or other authorized agent of the Applicant named herein and that he/she is 18 years of age or over. The undersigned further acknowledges he/she has read and is familiar with the Statement of Policy & Rules Governing participation in of the Farmers' Market and recognizes and agrees by his/her signature hereto that the making of this Application, the issuance of any Agreement based on this Application and the use authorized by such Agreement are expressly conditional upon Applicant's acceptance and continuing observation of said Rules & Regulations. Business Name: Primary Contact: Contact Phone Number: Signature: Contact Email Address: Date: