2018 Spring Food/Snack Vendor Rules & Regulations
TYPE OF VENDOR
Note: EVENT does not accept vendors with menus that directly compete with Mill Avenue restaurants around the specific booth space. By submitting an application to Tempe Festival of the Arts, Vendor agrees to the rules, regulations and legal information below.
Food Court Vendors offer fast festival food and comfortable seating. Food Court vendors include a variety of festival foods like fry bread, BBQ, fried noodles and more, that are not offered by our everyday Downtown Tempe businesses. These vendors cook food onsite. Any vendor frying must be in the Food Court.
Snack Vendors are located in various areas throughout the event for patrons to enjoy as they stroll along the streets. Snack foods include kettle corn, chocolate dipped foods, fudge, caramel apples, nuts, specialty beverages, etc. No frying allowed in Snack Vendor spaces.
Food Trucks offer fast festival food along with foods for patrons to enjoy as they stroll.
Lemonade Vendors sell lemonade exclusively on the street in various locations.
- Food Court/Snack & Food Trucks Vendors may sell any non-alcoholic beverages they like EXCLUDING any type of Lemonade. All drinks and pricing must be included on menu submitted with application. The festival does not have a beverage program. Each vendor brings in their own beverages & agrees to sell them at set festival pricing.
All sodas, sports drinks and waters must be sold at the festival’s set price:
All soda must be sold in 12 oz cans for $1.00.
All water must be sold in 16-20 oz bottles for $2.00.
All sports drinks such as PowerAde and Gatorade must be sold in 16 oz or 20 oz bottles for $2.00.
Any other drinks are not allowed to exceed $3.00 per serving; all services must be 16 oz minimum.
Food Court/Snack & Food Trucks Vendors MUST have water on stock for sale at all times during EVENT.
All Food Court/Snack & Food Trucks Vendors MUST post festival drink signage during festival hours.
CERTIFICATE OF INSURANCE:
Provide a certificate of liability insurance for $1,000,000 naming as Additional Insured: Downtown Tempe Foundation, Inc., the Tempe Festival of the Arts and its agents, the City of Tempe, and all event sponsors, agents, employees and volunteers (include date of festival).
All Food Court/Snack & Food Trucks Vendors MUST accept at least 1 of the following credit cards in addition to cash from customers at EVENT: Master Card, Visa, AMEX.
- Electric needs must not exceed 110volts/15amps; YOU MUST REQUEST ELECTRICAL ACCESS AT TIME OF APPLICATION to receive it. If generator rental is necessary; the cost of generator rental will be passed on to Food Court/Snack & Food Trucks Vendors.
- Electricity may not be available until Friday morning of the festival. If you need it sooner, you must let festival know ONE WEEK prior to load-in.
- Food Court/Snack & Food Trucks Vendors will pay for additional electricity if needed, and will tape all electrical cords down and maintain their secure taping during the festival.
- Food Court/Snack & Food Trucks Vendors will supply electrical cords with covers if stretched across a walkway.
PAYMENTS & FEES:
After acceptance ONLY:
- Flat Fee – fee you pay for your space at the festival. See fee information on food court/snack/lemonade maps for fee information
- $25 fee will be assessed for any checks with insufficient funds or returned for any reason
- $100 fee may be assessed for late payments.
- Failure to submit payments on time may forfeit your space in this festival and future festivals
- Make Money Orders and Checks payable to Downtown Tempe Foundation.
- Spaces are sold on a first come first paid basis.
- Payment by credit card online is preferred. A secure link for payment will be sent to you upon acceptance.
- Payment in full is due January 30, 2018.
- Cancelation: If you cancel your participation by February 15, 2018, festival will return your flat fee minus a $25 processing fee. Cancelations after February 25, 2018 will not receive a refund.
- In the Food Court, all vendors deep frying must have CURRENT K-Type fire extinguishers with current service tags. All snack food & beverage vendors must have current 2A10BC minimum-rating fire extinguisher.
- Food Trucks must have a minimum of one, 2A:20BC and one K rated fire extinguisher.
- Food Trucks must have a minimum of one, 2A:20BC and one K rated fire extinguisher.
- Food Trucks with cooking appliances that produce grease laden vapors are required to have a Type 1 hood protected with an approved automatic fire-extinguishing system.
- A maximum of two LP gas containers with a total aggregate water capacity of 25 gallons is permitted on a single food truck.
Ice must be purchased from an onsite vendor who will deliver directly to your booth during the event. Ice is non-refundable.
- All Food Court/Snack & Food Trucks Vendors must apply and be approved for a Temporary Food Service Establishment Permit through the Maricopa County Health Department. Temporary Food Service Establishment Permit must be obtained by Vendor prior to set-up at EVENT.
Load-in & SET-UP:
- Food Court/Snack & Food Trucks Vendors are required to check-in at festival Registration location prior to loading-in and setting up. Festival Registration information will be provided via email no later than the Monday prior to the festival. Without proper credentials Vendors will not be allowed to access festival grounds to set-up.
- Photo ID is required at time of check-in.
- Booths must be set-up by 9:00 a.m., open by 10:00 a.m. and remain open until 5:30 p.m. all three days.
- Food Court/Snack, Lemonade & Food Truck Vendors must claim their assigned booth space no later than 8:00 a.m. on Friday morning or it will be forfeited.
- Food Court/Snack, Lemonade & Food Truck Vendors must be present and open for business during ALL festival hours.
- Food Court/Snack & Food Trucks Vendors are allowed to sell only menu items that were submitted during EVENT application process and approved during the selection process. Additional menu items not approved during the selection process need prior written approval from EVENT before they are eligible for sale.
- Prices of menu items are approved during the selection process. Changes to menu pricing are not allowed without prior written approval by the Selection Committee.
PHOTOGRAPHY & PROMOTION:
- Event participants agree to allow use of video and photography taken by Festival organizers at the event for promotional purposes.
- Any photos taken by the event are the property of the Festival.
All vendors with propane tanks are required to bring all necessary equipment to properly secure them. Parking meters, street signs and trees are not usually available to secure propane tanks.
SAFETY & SECURITY:
- Applicants shall sell and serve food at their own risk.
- Applicants must obey all pertinent safety codes and laws, including, but not limited to, fire, safety and parking regulations.
- EVENT reserves the right to shut down any vendors not meeting cleanliness and food storage safety codes and laws.
- Canopy tents must be fire retardant; open flames must be located a minimum of 10’ away from all canopy materials.
- All canopies, tents and other temporary structures must be weighted before you are permitted to open, with the equivalent of 40 pounds per pole minimum. Booths may not open until properly weighted. Festival may shut you down for not having proper weights.
- Food Court/Snack & Food Trucks Vendors will abide by EVENT staff requirements regarding location(s). EVENT reserves the right to change a vendor location at any time.
- Food Court/Snack & Food Trucks Vendors will provide all required equipment for operations and sales.
- Signs placed on sidewalk or streets are not allowed to extend further than 3 feet from façade of booth. Food Vendors are liable for any injury or damage caused by signs.
- Any food vendors that fry must be in a food truck or in the food court. No snack vendors are permitted to fry.
- No grease or gray water disposal is available.
- No water provided by EVENT
- Food Court/Snack & Food Trucks Vendors are responsible for removing debris and ensuring the general cleanliness of the area
- Cardboard recycling is required and dumpsters will be provided
- NO STYROFOAM FOOD CONTAINERS including cups, plates, etc. will be allowed
• The Tempe Festival of the Arts will take place rain or shine. Applicants agree to be present despite weather conditions. Though rain is not common in the Desert Southwest, each participant is responsible for prepare their displays to withstand weather fluctuations including rain and wind.
FOOD AND SNACK VENDORS ARE INDEPENDENT CONTRACTORS:
Vendors execute this Agreement as independent contractors and shall at all times have complete supervision, direction, and control over the services to fulfill requirements. Vendors execute this agreement as independent contractors, not as an employee of EVENT. Vendors will assume responsibility for appropriate payment of payroll taxes and charges under applicable federal and local law. Vendors agree to take complete responsibility for paying the appropriate federal and state taxes as independent contractors.
MUNICIPAL CODES, LICENSING & TAXES:
- Applicants will obey all pertinent codes, laws, ordinances and regulations.
- State of Arizona and Tempe Transaction Privilege Taxes (Sales Tax) are reported and paid directly to the Arizona Department of Revenue (AZDOR). You must register and apply with AZDOR directly at www.AZTaxes.gov if you have never conducted business in Arizona. If your business is already registered in the AZTaxes.gov system, you can add Tempe as a location online in the Region Code Screen. For more information, see www.AZTaxes.gov or http://www.tempe.gov/city-hall/internal-services/finance/sales-tax-business-licenses.
- Installation and operation of any exhibits not meeting event approval are prohibited.
- Applicants must comply with all Festival, municipal and state rules, regulations and policies listed in this application, or policies included in the applicant acceptance notification. Any noncompliance will cause elimination and applicant may be immediately removed from the Festival with no refund of fees or compensation for expenditures. Applicants also may be barred from acceptance to future Tempe Festivals of the Arts and Downtown Tempe Foundation, Inc. events.
- Tempe Festival of the Arts and Downtown Tempe Foundation, Inc., in their sole discretion, may reserve the right to refuse participation by any applicant, entertainer, food vendor or any other such participant for any reason.
- Downtown Tempe Foundation, Inc., and the Tempe Festival of the Arts are not liable for refunds or any other liabilities whatsoever for applicant's failure to obey the rules and regulations or due to the unstable condition of the area in which the Festival is produced, caused by, but not limited to, weather, fire or other calamity, any act of nature, public enemy, strikes, statutes, ordinances of any legal authority or any other cause beyond DTF's control.
- By fulfilling application and engaging in participation, all applicants release and hold harmless Downtown Tempe Foundation, Inc., the Tempe Festival of the Arts, the City of Tempe, Maricopa County, the State of Arizona, and all event sponsors from any and all liability, as outlined in the rules and regulations.
- Applicants will initiate any legal proceedings arising from violations of these terms and conditions in Maricopa County, Arizona.
- Applications and/or acceptance notifications are not contracts.
By submitting an application to Tempe Festival of the Arts Vendor agrees to above rules, regulations and legal information.