IMPORTANT: READ CAREFULLY
To help insure the ongoing success of the Sturgis Falls activities, please read very carefully the guidelines set out so that there will be no misunderstandings, misinterpretations, or assumptions that will interfere with a smooth, cooperative, and successful Celebration.
- HOURS OF OPERATION: If accepted, a Gateway Park food vendor agrees to operate from Noon to 10:00 P.M. on Thursday, Noon to Midnight on Friday, Noon to Midnight on Saturday, and Noon to 10:00 P.M. on Sunday. An Overman Park food vendor agrees to operate from 11:00 A.M. to 9:00 P.M. on Friday, 10:30 A.M. to 9:00 P.M. on Saturday, and 10:00A.M. to 5:00 P.M. on Sunday. This rule allows the greatest utilization of space for the Festival.
- SET-UP/TEAR DOWN: Set-up in Overman Park must be done between 8 a.m. and 8 p.m on Thursday. Set-up in Gateway Park must be done after Noon on Wednesday. Tear down may not begin until after the final performance in each park.
- TENURE POLICY: A tenure policy has been established. This status is granted to a food vendor after two years if the group has successfully demonstrated an organized, sanitary, productive, aesthetically appealing, and financially responsible operation. Tenured status assures the vendor of the same location and their “exclusive” food items for the next year unless the sales of an "exclusive" item are below industry standards compared to other items in the park. If this would be the case, the vendor would loose this status and may have to share the menu item with another vendor or not be able to sell that item at all. Menu changes approved by the Sturgis Falls Board will not affect a vendor’s tenured status. If the event must be relocated, every effort will be made to give the vendor a comparable location taking into consideration electricity, space, and other factors.
The tenured status can be nullified due to non-conformance with the established guidelines, substandard sales or any other issues deemed not in the Spirit of the Sturgis Falls Celebration.
- SELECTION PROCESS FOR NON-TENURED VENDORS: The following items will be considered: (a) Local vendors versus out-of-town vendors, (b) Non-profit versus for-profit vendors, (c) Food menu items to be sold, (d) Space available, and (e) Electricity available. Since all of the above must be considered, the Board of Directors reserves the right to select the vendors who will be participating as well as assign locations and approve food menus. The decision of the Sturgis Falls Celebration Board will be final.
- FOOD VARIETY: Tenured vendors will automatically be allowed to sell the “exclusive” menu items approved by Sturgis Falls Celebration, Inc. No two vendors are allowed to sell the same “exclusive” menu items in a park area (unless the “exclusive” item has been “grandfathered”). An “exclusive” menu item may be a food or beverage item. Carbonated soft drinks, iced tea, coffee, french fries, and bagged chips may not be “exclusive” menu items. All other foods & beverages may be protected from duplication by a vendor as an “exclusive” menu item. Non-exclusive menu items may be sold by any vendor. Each vendor will be notified of all “exclusive” menu items in their park area. Any vendor violating the “exclusive” rules will be notified and if the violation continues, the vendor will be automatically banned from future Celebrations. The Sturgis Falls Celebration Board reserves the right to restrict or limit menus submitted. All the items that you plan to sell, the corresponding serving amounts, and the price to be charged must be on your proposed menu.
- SPACE: Due to the limited space available, each vendor will be granted a certain number of square feet which will include any overhangs. No additional space will be allowed under any circumstances. Tents and/or canopies must be well constructed and neat appearing. For maximum stability, all tent stakes must be placed five feet from the side poles of the tent. Food vendors located on the grass in Overman Park must use ground protection mats os some kind. All high traffic areas inside your booth must be covered.
- SITE/ACCEPTANCE: Vendors that sold at Sturgis Falls last year and have complied with all guidelines will, in all probability, be placed at the same location as the previous year. If a vendor wishes to relocate, this should be noted on the application form. First preference for any newly vacated location will be given to prior year vendors. A member of the Sturgis Falls Food Concession Committee will be available to assist new vendors regarding their exact location. Arrangements may be made for a meeting time prior to the Celebration. A general letter of acceptance including a map denoting your exact location will be mailed to each vendor well in advance of the Celebration.
- VENDOR SITE LIMITATION: In order to provide the opportunity for more vendors to participate and offer a wider variety of foods, no vendor shall be permitted to sell in more than one location during the Sturgis Falls weekend. In addition to the Overman Park and Gateway Park areas, this shall include the carnival area and the Green area (the Cedar Basin Jazz Festival area).
- LIABILITY, INSURANCE, and INDEMNIFICATION: Each vendor accepts full responsibility for all liability for damages to persons or property arising out of its use and occupancy of the premises, and further understands that the premises presently used are the property of the City of Cedar Falls and that neither the City nor Sturgis Falls Celebration, Inc. assumes any responsibility for damages or losses that may occur to the vendor, its employees, agents, or property by reason of such occupancy. Each vendor shall, at least 30 days prior to its use of the premises, give to Sturgis Falls Celebration, Inc. a copy of a policy of public liability insurance (from a company acceptable to the Sturgis Falls Celebration, Inc. Board and the City of Cedar Falls) naming Sturgis Falls Celebration, Inc., the City of Cedar Falls, Iowa, and Cedar Basin Jazz Festival, Inc. as additional insureds. This policy shall include coverage for products-completed operations, bodily injury, and property damage liability in the amount of one million dollars ($1,000,000) per occurrence with no less than two million dollars ($2,000,000) in the aggregate. Since this is a requirement of both Sturgis Falls Celebration, Inc. and the City of Cedar Falls, failure to provide this coverage will result in the exclusion of a violating vendor from the Celebration.
A copy of your insurance certificate must be given to the Sturgis Falls Celebration, Inc. Board at least 30 days prior to the Celebration or your organization may be removed from the approved vendor list and replaced with a vendor on the waiting list.
Each vendors insurance certificate must contain in the box for “Additional Insureds” the following exact words:
Sturgis Falls Celebration, Inc.
City of Cedar Falls, Iowa
Cedar Basin Jazz Festival, Inc.
- SALES TAX PERMIT: Each approved vendor will be responsible for having either a permanent or temporary sales tax permit or must be a non-profit corporation whose sales are not subject to sales tax. Each vendor must have at their site, their sales tax permit or a copy of their non-profit exemption letter. Unless the vendor is a non-profit organization, each vendor must provide their sales tax number and exact name on their application. Prior to the start of the Celebration this information is given to the Iowa Department of Revenue. An auditor generally checks these permits.
- HEALTH DEPARTMENT REGULATIONS: Each vendor agrees to follow all Health Department regulations related to food and beverage distribution. If permits are required, the vendor must obtain the necessary permits prior to the Celebration.
- ELECTRICITY: A limited amount of electricity is available for each site. Each vendor must take this into consideration when planning their menu. Many items can be cooked or warmed with no electricity. Also, pop can be dispensed utilizing iced cold plates that require no electricity. Gas burners often can be used for heating purposes. Please do your planning well in advance so that you do not have a problem with electricity. All electrical cords must follow safety recommendations. To reduce the risk of blowing a fuse, heavy-duty extension cords must be used. Your maximum electrical requirements must be on your application form. THE ELECTRICITY AVAILABLE MUST NOT BE USED FOR COOKING PURPOSES. REQUESTS FOR ELECTRICITY IN EXCESS OF 30 AMPS WILL NOT BE APPROVED.
- FINANCIAL RESPONSIBILITY: All vendors agree to pay the greater of 15% of their GROSS SALES, or a minimum fee based on square footage used, to Sturgis Falls Celebration, Inc. Gross sales is defined as the total amount of sales less any sales tax paid. A vendor not required to collect sales tax would compute the amount due Sturgis Falls Celebration, Inc. by multiplying the total receipts by 15%. A vendor required to collect sales tax would compute the amount due Sturgis Falls Celebration, Inc. by dividing the total receipts by 1.07 and then multiplying this result by 15% (i.e. total sales of $1,000 : 1 .07 x .15 = $140.19). The minimum fee will be $1.00 (one dollar) per square foot used by the vendor.
Vendors shall maintain complete accounting books, accurately showing gross sales, and these books shall be available for inspection and auditing by the Sturgis Falls Celebration, Inc. Board of Directors both during and for a reasonable period of time following the Sturgis Falls Celebration. All bank deposits and invoices must be available upon request.
If payment is not received by July 16th, unless other arrangements have been made prior to the Sturgis Falls Celebration weekend, the tardy vendor may be excluded from the tenured vendor list for the next year. Failure to make payment by this date also may result in loss of their tenured status, exclusion from future Celebrations, require a prepayment deposit for the next year, or any combination thereof.
Your application must provide the name, address and telephone number of the person or persons responsible for counting your money at the conclusion of your sales activities. You also must provide the name of the person (if different than the person counting the money) responsible for the accounting for the event. Your application must also include the name of your supplier for each menu item listed (i.e. Martin Brothers, Pepsi, etc.).
Sturgis Falls Coupons may be used. All vendors must accept these $1.00 coupons from customers. The use of the coupons will not affect your financial situation in any way. The total dollar amount of coupons received during the entire Celebration will be reconciled on the Computation of Amount Due Sturgis Falls Celebration, Inc. form. Other organizations may also participate in offering coupons. All vendors will be notified of other coupons that must be accepted and provided with a copy of what those coupons will look like.
The Sturgis Falls Celebration, Inc. Board makes no guarantees to any vendor regarding profitability.
- DISCLOSURE OF VENDOR OWNER(S): Each application must disclose the name(s) of the owners of the vendor business. This would include the name of a sole proprietor; the names of all partners in a partnership; the names of all shareholders, directors and officers of a for-profit corporation; and the directors and officers of a non-profit corporation. In addition, any relationship of any owner(s) of the vendor business to any member of the Sturgis Falls Celebration, Inc. Board of Directors or their immediate family must be disclosed.
- SOUND SYSTEMS AND NOISE: Generators or any other noisy equipment that may interfere with music are prohibited.
- VEHICLES: Vendors will only be allowed to utilize vehicles to move equipment and supplies to their allocated location on designated days and times. These times may vary from one area to another. You will be notified of the time schedule for your area. All vendors must obey all signs posted by the Cedar Falls Police Department. Each vendor will receive one Parking pass. It must be displayed in the vehicle's front window to gain access to the vendor's designated parking space.
- TRASH AND REFUSE: Each vendor must police their own area and dispose of refuse in the dumpsters provided. This must be done on a regular basis so that the trash does not accumulate. Our Celebration must be kept as clean as possible and everyone’s cooperation is required. Vendors must provide their own containers for the disposal of hot coals. Oil disposal units will be provided by Sturgis Falls Celebration, Inc. and MUST be used by all vendors for the disposal of any oil. Neither the dumpsters nor the Park trash barrels may be used to dispose of these items. Vendors will be charged for any cleanup costs if grease or oil is disposed of in any dumpster.
- ICE REQUIREMENTS: Bags of ice will be available for purchase by vendors. The ice will be available at designated locations in each park. You will be notified of the cost and location at a later date. All ice must be paid for at the time of purchase.
- APPLICATION DEADLINE: All applications must be postmarked no later than March 25, 2013. They must be mailed to:
Sturgis Falls Celebration, Inc., P.O. Box 771, Cedar Falls, IA 50613-0030.
You may call Jack Jennings at 319-290-3263 with any questions.
These guidelines have been established to promote fairness and equality in selection of vendors, assignment of locations, and assignment of menus. No guidelines can cover every possible situation. Therefore, the Board must exercise its discretion in a manner which will be best for the Celebration as well as participants. Any decision of the Board will be final.
Adopted: February 5, 2013