SUBCHAPTER 43L ‑ MARKETS
SECTION .0100 ‑ FEES: STATE FARMERS' MARKET AT RALEIGH
02 NCAC 43L .0101 CHARGES
02 NCAC 43L .0102 UNITS 1 THROUGH 7
02 NCAC 43L .0103 SHEDS
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985;
Repealed Eff. July 1, 1985.
02 NCAC 43L .0104 GATE FEE
02 NCAC 43L .0105 PERIOD FOR SHED LEASE
02 NCAC 43L .0106 TEMPORARY OR SEASONAL RENTAL BASIS
02 NCAC 43L .0107 LENGTH OF AGREEMENT
02 NCAC 43L .0108 COMMERCIAL TRUCKERS
History Note: Authority G.S. 106‑22; 106‑530;
106-6.1;
Eff. January 1, 1985;
Temporary Repeal Eff. January 1, 2004;
Repealed Eff. June 1, 2004.
02 NCAC 43L .0109 METAL BUILDINGS
02 NCAC 43L .0110 WOODEN FRAME BUILDING RENTAL
02 NCAC 43L .0111 MARKET RESTAURANT RENTAL
02 NCAC 43L .0112 BARBER SHOP
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985;
Repealed Eff. July 1, 1985.
02 NCAC 43L .0113 GATE FEES
02 NCAC 43L .0114 ADJUSTMENT OF RENTALS
02 NCAC 43L .0115 ASSESSMENT OF TRUCKS: ETC.
02 NCAC 43L .0116 EXEMPTIONS
History Note: Authority G.S. 106-22; 106‑530;
106-6.1;
Eff. January 1, 1985;
Amended Eff. June 1, 1994; June 1, 1989; July 1, 1985;
Temporary Repeal Eff. January 1, 2004;
Repealed Eff. June 1, 2004.
SECTION .0200 ‑ FEES: CHARLOTTE FARMERS MARKET
02 NCAC 43L .0201 BASE PRICES
02 NCAC 43L .0202 GATE FEES
02 NCAC 43L .0203 MISCELLANEOUS FEES
02 NCAC 43L .0204 SPACE AVAILABILITY
02 NCAC 43L .0205 SPACE LIMITATIONS
02 NCAC 43L .0206 TRUCK RENT BASIS
History Note: Authority G.S. 106‑22; 106‑530;
106-6.1;
Eff. January 1, 1985;
Amended Eff. July 1, 1998; June 1, 1995; June 1, 1994;
May 1, 1992; June 1, 1990; December 1, 1989; December 1, 1985;
Temporary Repeal Eff. January 1, 2004;
Repealed Eff. June 1, 2004.
_
SECTION .0300 ‑ FEES: WESTERN NORTH CAROLINA HORSE AND
LIVESTOCK FACILITY FEE SCHEDULE
02 NCAC 43L .0301 HORSE FACILITY
02 NCAC 43L .0302 LIVESTOCK FACILITY
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985;
Repealed Eff. January 1, 1988.
02 NCAC 43L .0303 CLASSIFICATION OF EVENT
For the purposes of applying equitable rental rates based on
the purposes for which the facilities are used, an event shall be classified in
one of the following categories by Western North Carolina Agricultural Center
Manager:
(1) Agricultural. Any event in which the central theme
of the event relates to agriculture in North Carolina or any event given by an
agriculture‑related organization or group.
(2) Non‑Agricultural. Any event that does not
fall within the classification of agricultural event.
History Note: Authority G.S. 106‑22; 106‑530;
106-6.1;
Eff. January 1, 1988.
02 NCAC 43L .0304 HORSE FACILITY
02 NCAC 43L .0305 LIVESTOCK FACILITY
History Note: Authority G.S. 106‑22; 106‑530;
106-6.1;
Eff. January 1, 1988;
Amended Eff. June 1, 1995; June 1, 1994; January 1, 1991;
Repealed Eff. April 1, 2001.
02 NCAC 43L .0306 INTERPRETATION AND VIOLATION
(a) The Western North Carolina Agricultural Center Manager
shall have authority to enforce these Rules and settle and determine all
matters, questions and differences in regard thereto, or otherwise arising out
of, connected with or incident to the center and the management, control and
protection of the Western North Carolina Agricultural Center grounds, provided,
however, any aggrieved party may appeal pursuant to the Administrative
Procedure Act.
(b) Any person who violates any of these Rules will forfeit
all privileges and premiums, when applicable, and be subject to such penalty as
these Rules may provide.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0307 TRAFFIC REGULATIONS
(a) North Carolina laws relating to traffic, parking and
the operation of motor vehicles shall be in full force and effect as to all
parts of the Western North Carolina Agricultural Center.
(b) Parking on the Agricultural Center grounds is
permissible 24 hours per day during any event taking place at the complex with
the exception of the North Carolina Mountain State Fair. Parking during the
North Carolina Mountain State Fair is prohibited between the hours 1:00 a.m.
and 6:00 a.m. All trucks and motorized vehicles must complete their deliveries
and be off the grounds by 2:00 p.m. each day. No deliveries will be allowed
(with the exception of ice) by the Agricultural Center between 2:00 p.m. and
midnight during the fair. During the period of the fair, certain locations
within the Agricultural Center grounds will be designated "restricted
area." Parking or vehicular traffic within such restricted areas is
prohibited without special permit. At any time, if a vehicle is left more than
24 hours after an event has vacated the grounds, it may be towed away and
impounded at owner's risk and expense.
(c) All vehicles shall be parked in a designated parking
area including horse and livestock trailers. No horse or livestock trailer
will be allowed to park adjacent to stall barns. Any trailer or any other
vehicle left adjacent to the stall barn area for more than eight hours may be
towed away and impounded at owner's risk and expense. During the North
Carolina Mountain State Fair only those vehicles that are classed as exhibits
and are parked in the exhibition area can be on the grounds, except those that
are parked in designated areas. No unauthorized vehicle may be operated in the
independent or carnival midway during the period of the annual North Carolina
Mountain State Fair. Western North Carolina Agricultural Center personnel are
authorized to use vehicles, when necessary, on the grounds during the fair in
performance of duties.
(d) Vehicles and contents that are parked in designated
parking area will be left at owner's risk.
(e) Any trailer or similar vehicle used for sleeping or
cooking must be parked in the limited areas established for that purpose.
(f) A vehicle parked in violation of North Carolina statutes
and these Rules shall be removed to a parking lot outside the fence.
Administration office shall be notified of make of vehicle, license and where
it is moved to. Western North Carolina Agricultural Center is not responsible
for any damage in moving or after moving said vehicle.
(g) The manager of the Western North Carolina Agricultural
Center shall have authority to order the placement of such traffic control or
restrictive signals and signs on the Agricultural Center grounds as he shall
deem necessary for the proper safety, protection and control of said grounds.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0308 ADVERTISING MATTER
(a) Distribution of advertising material or matter of any
kind, nature, or description by concessionaires, exhibitors, patrons attending
annual exhibitions on the Western North Carolina Agricultural Center grounds, political
parties, or by any other person or persons whomsoever, is prohibited on the
Agricultural Center grounds unless such distribution shall be from within the
assigned and designated space and shall have been first duly authorized by the
Western North Carolina Agricultural Center Manager upon application thereto,
and that advertising material or matter of any kind, nature or description
shall be on the counter or display area and shall not be handed out unless the
material is requested by a patron attending an event at the Western North
Carolina Agricultural Center. Promiscuous handing out of such material, even
from designated areas, is prohibited.
(b) The distribution in any manner of advertising material
having a gummed or adhesive backing, such as labels, lapel badges, car bumper
or window stickers, etc., whether such distribution shall be from a contracted
exhibit or concession space or elsewhere, is prohibited upon the Agricultural
Center grounds. Persons or firms found distributing such materials shall
immediately forfeit all space right and in addition, may be held financially
responsible for any and all damage done to or occasioned by the Western North
Carolina Agricultural Center as a result of these materials being affixed to
Agricultural Center property by third parties.
(c) Operation of a sound truck or other mobile vehicle
equipped with a public address system or sign, whether such vehicle is in
motion or parked on the Agricultural Center grounds, whether within or without
the fenced-off area thereof, is hereby prohibited unless authorized by the
Western North Carolina Agricultural Center Manager.
(d) For the purpose of enforcing the provisions of this
Section, it is hereby determined that the Western North Carolina Agricultural
Center property shall consist of and constitute that certain area of land in
Buncombe County, North Carolina bounded on the south by property owned by the
North Carolina Department of Transportation (proposed NC 280 Interchange), on
the east by I-26, on the north by Fanning Bridge Road and on the west by
Airport Road.
(e) The prohibitions and restrictions relating to
advertising in these Rules shall not be construed as being applicable to
lettered service trucks advertising a concern or its products while making necessary
deliveries of merchandise or service to concessionaires or exhibitors on the
Agricultural Center grounds, or the normal small advertising on bumpers and
windows of vehicles.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0309 ADMISSION REGULATIONS
(a) All persons entering the Western North Carolina
Agricultural Center grounds during the North Carolina Mountain State Fair must have
an admission ticket, except persons holding worker's permits. Fair management
shall issue one-time-only admission tickets to persons who are employed by the
fair or are asked to appear on the grounds by the fair management for a purpose
relative to the operation of the fair.
(b) The gates of the Western North Carolina Agricultural Center shall open one hour prior to fair time and close one hour after closing of
the fair midway each day of the fair. Opening of the fair midway and exhibit
building may vary each day of the fair.
(c) The Western North Carolina Agricultural Center Manager shall
operate a pass-out system at one or more of the outside gates during the fair.
Persons exiting through these gates shall, upon request, have their hand or
vehicle stamped for readmittance through the same gate without additional
charge. Readmittance must occur before 10:00 p.m. on the same day as pass-out
or the hand stamp shall not be honored.
History Note: Authority G.S. 106-6.1;
Eff. June 1, 1994;
Amended Eff. November 1, 2011; July 1, 2000.
02 NCAC 43L .0310 GENERAL
(a) Any person or persons who shall make, aid, countenance
or assist in making any noise, riot, disturbance and all persons who shall
collect in bodies or crowds on the Western North Carolina Agricultural Center
grounds for unlawful purposes or to the annoyance or disturbance of citizens
and those who are attending or participating in an event at the Agricultural
Center or lawfully on the Agricultural Center grounds may be expelled from the
complex for such period of time as the manager of the complex may determine.
(b) Any person who engages in any unlawful activity or
behavior, or any activity or behavior which interferes with or is detrimental
to the operation of the Agricultural Center may be expelled from the
Agricultural Center grounds for such period of time as the manager of the
Western North Carolina Agricultural Center may determine.
(c) Any person who shall unnecessarily or maliciously beat,
abuse or injure any animal on the Western North Carolina Agricultural Center
grounds shall be subject to the penalties and punishment provided in Paragraph
(a) of this Rule.
(d) No person shall carry from the specific area of any
concession or other place of sale on the grounds of the Agricultural Center,
any liquid beverage in glass containers, nor shall any person, when in motion
about the grounds, carry any such liquid beverages in glass containers. This
Section shall not apply to non-alcoholic liquids brought into the Agricultural
Center grounds as a part of picnic meals or the like when consumed and used in
a stationary locale. This Rule is promulgated for the welfare and protection
of all visitors to the Agricultural Center and violators hereof shall be
subject to the penalties provided in Paragraph (a) of this Rule.
(e) Dogs and cats are not allowed on the Agricultural
Center grounds unless they are under leash, are under the control of the person
having possession of such animal or are on display in an exhibit contracted by
the Agricultural Center or a promoter who is leasing facilities.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0311 BOOTH RULE
(a) Solicitation of donations or the sale, offering for
sale or distribution of any item, including written or printed material, is
prohibited, except from an assigned space in compliance with 2 NCAC 43L. This
Rule does not apply to wholesale vendors operating in accordance with 2 NCAC
43L.
(b) Any person who violates this Rule may be ejected from
the Agricultural Center grounds and prohibited from returning.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0312 COMMERCIAL EXHIBITS AND CONCESSIONS
(a) The Western North Carolina Agricultural Center
management shall allow the lessee to handle the sale of all exhibit space
within the confined leased facilities, with the exception of the North Carolina
Mountain State Fair. The lessee shall pay the Agricultural Center twenty-five
dollars ($25.00) per concessionaire for any assigned space granted to the
lessee under his contract. No concessions are granted to lessee or anyone
acting under the lessee for the sale or dispensing of any kind of beverages or
foods. During the North Carolina Mountain State Fair the Agricultural Center
may issue the two following types of contracts:
(1) Concession Contracts shall include all
contracts for the sale or delivery of food, merchandise or service on or from
leased premises during the period of the North Carolina Mountain State Fair.
Concessionaires who operate according to Agricultural Center rules may be
allowed to renew their contracts. Space not claimed by former occupants within
the time specified, may be made available to new applicants.
(2) Commercial Exhibit Contracts shall include
all contracts for exhibition of goods, machinery and services for advertising
purposes. Institutions or individuals operating under exhibit contracts may be
permitted to take orders and partial deposits for future delivery, but may not
make delivery on or from their premises during the period of the North Carolina
Mountain State Fair. The same rule regarding renewal of space holdings by
former concessionaires applies to commercial exhibitors.
(b) Due to grounds or space alterations or other changes,
the Agricultural Center management shall have authority to eliminate certain
previously available space from year to year. In such instances, the
Agricultural Center reserves the right to offer substitute locations or to
discontinue contracts entirely.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0313 APPLICATIONS
Mountain State Fair Application for space either in
buildings or on the grounds shall be directed to:
Western North Carolina Agricultural Center
1301 Fanning Bridge Road
Fletcher, North Carolina 28732
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0314 OCCUPANCY OF SPACE
(a) This Rule applies only to the North Carolina Mountain
State Fair. Any other event occupancy of space will be handled by the event
promoter.
(b) No space shall be occupied until full payment is made.
The original copy of the rental contract shall be signed and returned to the
Agricultural Center Manager. Final payment on Concession and Commercial
Exhibit Contracts is due at the Western North Carolina Agricultural Center
Office no later than August 15. Renters of space shall keep a copy of the
rental contract on the rented premises.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0315 FORFEITURE
(a) This Rule applies only to the North Carolina Mountain
State Fair. For any other event, the promoter of the event may establish their
own forfeiture rule.
(b) Space assigned and not occupied by 4:00 p.m. on the
first day of the fair, as well as all fees previously paid, shall be forfeited
to the Agricultural Center as liquidated damages. Any space which is not open
for business or does not have an attendant at the space during normal operating
hours of the fair, shall, at the option of the Agricultural Center Manager, be
forfeited. Space rental contracts shall not be canceled by the lessee without
written notification to Western North Carolina Agricultural Center Manager by
August 15.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0316 EXTORTION OF FAIR PATRONS OF THE WNC
AGRICULTURAL CENTER
Any extortion practiced by a lessee or anyone working under
the lessee's contract may, in the discretion of the Agricultural Center
management, serve as grounds for the forfeiture of contract money paid, or
expulsion from the grounds, or both.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0317 REMOVAL OF STRUCTURES AND MATERIAL
Any person, firm or corporation owning buildings or
materials upon the Agricultural Center grounds without lease, or whose lease
has expired, who shall fail to remove same within 72 hours, shall forfeit all
claim thereto and the Western North Carolina Agricultural Center may take
possession thereof and the property will become the property of the
Agricultural Center.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0318 AREA RESTRICTIONS
During the North Carolina Mountain State Fair a lessee must
confine his business, and the promotion and advertising of same on the
Agricultural Center grounds to the space assigned him. Failure to comply with
this Rule may subject lessee to forfeiture of space privileges without
reimbursement. Restrictions during other events will be enforced by the event
promoter.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0319 LOUDSPEAKERS
No loudspeaker, amplifier, radio or other broadcasting
device is permitted on the Agricultural Center grounds unless written
permission is obtained from the Western North Carolina Agricultural Center
Manager. Approved loudspeakers must be kept at a reasonable volume so as not
to disturb normal business transactions in adjoining exhibits nor the general
public. The Agricultural Center management reserves the right to revoke
loudspeaker permission if the provisions of this Rule are not observed.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0320 DRESS OF LESSEES
Lessees and their employees must wear reasonably clean
clothing. Persons found working, in violation of this Rule, shall be required
to comply or leave the grounds.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0321 STORAGE TRAILERS
Storage trailers will be allowed for any event where a
lessee has rented or leased an entire building or the entire grounds. During
the Mountain State Fair trailers used for storage of supplies or offices as a
direct part of the concessions or exhibits will be permitted to park on the
Agricultural Center property in a location determined by the Agricultural
Center management and must have a sticker or receipt on the trailer proving
payment has been made for this privilege.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0322 DISPLAY OR SALE OF WEAPONS
The display or sale of weapons of any type is prohibited on
the Agricultural Center grounds unless such display, sale or distribution is
specifically authorized under the terms of an exhibit or concession contract
executed by the Agricultural Center Manager. Failure to comply with this Rule
shall be cause for the immediate termination of contract and removal from the
Agricultural Center property.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0323 AUTHORITY TO PROHIBIT CERTAIN EXHIBITS
The Agricultural Center Manager shall have authority to deny
acceptance or prohibit the showing of any exhibit, animal, concession or show
that may be falsely entered or represented; to deny acceptance or prohibit the
showing of an exhibit, animal, concession or show or to remove any sign,
banner, display material or advertising matter if such exhibit or display is
contrary to law, or violative of the Center's valid interest in providing for the
health, safety and protection of the public, or otherwise detrimental to the
commercial interests of the Center.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0324 ASSIGNMENT OF CONTRACTS
Contracts or portions thereof may not be assigned, interest
therein sublet, or otherwise disposed of without the written consent of the
manager. Obligations provided for in said contracts, including payments for space,
electrical hook-up, electrical power and gas, shall remain the obligation of
initial lessee, irrespective of approved subleasing or assignment otherwise
provided.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0325 GAS OR ELECTRIC SERVICE
(a) The Agricultural Center is not responsible or liable
for failure of electric service.
(b) No one shall tamper with, or change, any of the general
lighting in any of the Agricultural Center buildings, and no electric
connection, excluding plug-ins, shall be made by any person not in the direct
employ, or under the supervision of, the Agricultural Center Manager.
(c) Prices quoted for electric service are for having
electrical power available to the Lessee. Lessee is responsible for all
internal wiring and is responsible for having adapter plugs, if necessary, to
connect to Agricultural Center's electrical system.
(d) Agricultural Center Manager reserves the right to
terminate service if conditions of contract are violated.
(e) This Rule applies only during North Carolina Mountain
State Fair.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0326 EXHIBITS AND EXHIBITORS
(a) The entry department will be open to receive and return
exhibits two days prior to the North Carolina Mountain State Fair and two days
following the fair, 9:00 a.m. to 5:00 p.m.
(b) On the last night of the fair, after closing of the
fair, exhibits may be packed up and stored for removal. Vehicles will be
permitted to enter fair grounds to remove exhibits two hours after the closing
on the last day of fair. Livestock, poultry, and rabbits will have a special
release time on the last day of the fair.
(c) No fair superintendent or other employee shall be
permitted, directly or indirectly, to make an entry in any department of the
fair over which he presides or wherein he may be employed.
(d) The fair manager may limit exhibits to the facilities
available at any given time.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0327 LIVESTOCK SANITATION AND OFFICIAL
VETERINARIAN
(a) All livestock exhibits will be subject to the rules and
policies as established by the State Veterinarian.
(b) Premises and Management:
(1) All buildings for the use of animals, including
exhibition halls or rings, stables, yards and pens, shall be maintained in a
sanitary condition. All such buildings, rings, stables and pens shall be
thoroughly cleaned and disinfected prior to the exhibition.
(2) If practical, a quarantine division shall
be established. If such quarantine division is not available, the owner of any
livestock or poultry showing symptoms of any infectious or communicable disease
may be required to immediately remove such livestock or poultry from the
exhibition premises.
(3) The animal health laws and rules of North
Carolina will be strictly enforced.
(c) The official veterinarian shall perform the following:
(1) Approve the cleaning and disinfection of
the premises before the exhibition is opened and before any domestic animals or
poultry are allowed admission to the premises;
(2) Inspect all livestock and poultry on the
date admitted to the premises and refuse admission to any animal or bird
showing symptoms of any infectious or communicable disease;
(3) He shall refuse admission to any livestock
not accompanied by proper health certificates when required; provided, he may
approve admission if he is satisfied that proper health certificates are being
procured or are in transit from the point of origin and provided he is
satisfied that such livestock has not been exposed to disease;
(4) He shall inspect all livestock on the
exhibition premises at least once daily and shall order the immediate removal
or isolation of any animal or bird showing symptoms of any infectious or
communicable disease, and shall order and supervise the cleaning and
disinfecting of any area from which suspect animals or birds are removed;
(5) At the conclusion of the exhibition, he
shall forward a written report to the Board of Agriculture of all violations,
if any, of these Rules by an exhibitor of the management, and any other
pertinent information relative to the exhibit.
(d) Exhibitors must make all applications for entry,
specifying the number of animals or birds for which accommodations are desired,
directly to:
Entry Department
Western North Carolina Agricultural Center
1301 Fanning Bridge Road
Fletcher, North Carolina 28732
All applications must be accompanied by the entry fee or
other fees required by the special rules of the particular competitive
department in which entry is made. The superintendent of the department will
make all assignments of space for exhibits.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0328 ENTRY REQUIREMENTS
(a) All applications for entry must be made in accordance
with instructions and rules of the department premium list. Entry blanks and
department rules may be obtained from:
Entry Department
Western North Carolina Agricultural Center
1301 Fanning Bridge Road
Fletcher, North Carolina 28732
The entry blanks, after being filled out and signed, must be
filed with the entry department not later than the date specified for the
closing of entries in the various department of the fair.
(b) Entry closing dates for each of the competitive
departments will be determined by the fair manager and will be posted in the
department premium list.
(c) Exhibitors in the horse, cattle, swine, sheep and
poultry departments must pay, upon filing application for entry, the fees
required in these departments.
(d) Any animal or exhibit which shows evidence of
artificial means having been employed with intent to deceive for the purpose of
removing or remedying physical defects or conformation, shall, together with
any other entry or entries owned by the exhibitor of same, be forthwith
excluded from participation in any of the awards. The said exhibitor likewise
shall be prohibited from participation in competition and any and all awards or
premiums previously awarded to said exhibitor shall be withdrawn. The judge in
each classification shall have authority to make a final determination in the
matter.
(e) All animals entered under a breed classification must
have been recorded in an association recognized by the particular breed.
Exhibitors must produce a certificate or registry at the request of the
superintendent in charge of the department.
(f) All animals shown must be owned by the exhibitor from
the time of making entry, except as otherwise provided in special rules of the
department.
(g) Exhibitors making entries and not exhibiting, shall
forfeit all fees paid for entry, stalls, pens and space.
(h) Corporations or partnerships entering for competition
must be in lawful existence at the time of making entry, and all cases must be
bona fide, and affidavits relating thereto may be required by the fair manager
from appropriate persons.
(i) Exhibits which have been erroneously entered may, at
the discretion of the fair manager or the superintendent of the department, be
transferred to their proper lots previous to judging. If such lots have been
judged, they shall not be rejudged.
(j) Should any individual, partnership or corporation enter
an animal or article in a name other than that of the bona fide owner, except
as otherwise provided in special department rules, or attempt to perpetrate a
fraud by the misrepresentation of any facts, or in the exhibition of said
animal or article, the entry thus made shall not be allowed to compete for or
receive any premiums, and said individual, partnership or corporation may, at
the option of the fair manager, be barred from further showing, and any
premiums previously awarded may be forfeited.
(k) Articles entered for premiums which are the result of
mechanical or artistic skill, must be entered in the name of the artist,
inventor, manufacturer or maker.
(l) The fair manager reserves the right to refuse entries
or prohibit the exhibition of animals or articles entered if the showing of
such animals or articles is contrary to law, or violative of the fair's valid
interest in providing for the health, safety and protection of the fair-going
public.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0329 JUDGES AND JUDGING
(a) The judges shall read carefully the general rules and
all special rules under the head of the department or class in which they are
to serve, and especially note and follow those rules bearing on the classes to
be judged by them.
(b) Judges shall not award prizes to an unworthy exhibit.
No premium or distinction of any kind shall be given to any animal or article
that is not deserving. This Rule shall be in effect whether or not there is
competition.
(c) Judges shall report to the superintendent any exhibitor
who in any way, whether in person or by agent or servant, interferes with them
or shows any disrespect to them during the judging. The superintendent may, in
his discretion, demand a proper apology from such exhibitor or exclude him from
further competition. The fair may withhold from such exhibitor any or all
premiums that have been awarded and expel him from further exhibiting at the
fair.
(d) The judges and persons acting as clerks to the judges,
must use special care, after awards have been made, to see that the same are
properly entered in the award book, for it is upon this entry that the payment
of premiums is made.
(e) The judge, superintendent and clerk recording the
awards of the department must sign the award book at the close of each class
immediately after all awards in said class have been made.
(f) Judges will not award premiums to any article or animal
because of its mere presence. No premium will be awarded to any exhibit that
does not possess high intrinsic merit. Unless otherwise specified in the
department rules, no exhibitor may win more than two premiums in any one
individual class and not more than one premium in any group class. Premiums
will be paid to winning exhibitors as soon after the awards are made as it is
possible to compile and check all reports. Premiums not paid during the fair
will be mailed to the exhibitor at the post office address given on his entry
form.
(g) No person who is an exhibitor can act as judge in a class
in which he is showing.
(h) If there is any question as to the regularity of an
entry, or the right of any animal or article to compete in any lot, the judge
or judges shall report same to the superintendent in charge for adjustment.
(i) A faithful observance of all rules governing the
exhibit will be required and when in doubt as to the application or meaning of
a rule, the superintendent in charge shall construe same by giving his
opinion. This opinion, when required by either exhibitor or judge, must be
reduced to writing and returned to the entry department with the award books.
(j) In judging livestock, the decision of the official
veterinarian and judge as to soundness shall be final.
(k) The decision of the judges shall be final in all cases,
except when mistake, fraud, misrepresentation, or collusion, not discovered at
the time of the award, is alleged. In such cases, the fair manager shall make
the final decision from which no appeal will lie.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0330 PROTESTS AND APPEALS
(a) All protests from a decision of a judge must be made by
noon the day after the award has been made to:
Fair Manager
Western North Carolina Agricultural Center
1301 Fanning Bridge Road
Fletcher, North Carolina 28732
An award is made when the notation of the decision of the
judge is entered in the department award book.
(b) All protests must be made in writing and be accompanied
by five dollars ($5.00) which will be retained by the fair if the protest is
not sustained.
(c) No protest or appeal based upon the statement that the
judge or judges are incompetent or have overlooked an animal or article will be
considered by the fair manager.
(d) All questions in disputes or differences not covered by
these Rules shall be referred to the fair manager, whose decision shall be
final.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0331 PREMIUMS AND AWARDS
(a) The following colors will be used in designating awards
except for a horse show:
(1) Championship or Sweepstakes Royal
Purple
(2) Reserve Champion Lavender
(3) First Premium Blue
(4) Second Premium Red
(5) Third Premium White
(6) Fourth Premium Pink
(7) Fifth Premium Yellow
(8) Sixth Premium Dark
Green
(9) Seventh Premium Light
Green
(10) Eighth Premium Tan
(11) Ninth Premium Gray
(12) Tenth Premium Light
Blue
(b) Where there are fewer animals or articles shown in lots
than the number of premiums offered, the judge may, in his discretion, award a
prize or prizes of such grade as the animal or article deserves.
(c) In the livestock departments, where there is but a
single exhibitor in a division (lot) of any class, the judge shall award but
one premium; where only two exhibitors and only two animals are showing, two
premiums may be awarded, but if there two exhibitors and three or more animals
showing, three premiums may be awarded; where there are three or more
exhibitors, all premiums may be awarded. Where this Rule conflicts with
special rules in any department, the latter will govern.
(d) No animal will be awarded a prize unless promptly
brought into the show ring when its lot is called.
(e) Special prizes will not be accepted for classes that do
not conform to the regular classification of the department in which they
belong.
(f) Specials must carry money prizes or articles of
intrinsic value. Cups, meals or other articles offered as specials must be in
the hands of the manager or the entry department on the opening day of the fair
or awards will not be made.
(g) Cash premiums awarded in the livestock departments will
be paid by check made out to exhibitor and mailed to the post office address of
exhibitor as given on the entry blank.
(h) Premium money will be withheld in all instances when
exhibits are removed from the grounds prior to the official time of release.
(i) The Agricultural Center reserves the right to make such
reductions in premiums of the fair as financial conditions at the time the
premiums are payable may justify.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0332 AVAILABILITY OF FACILITIES
Use of buildings and grounds shall be subject to the
approval of the manager of the Western North Carolina Agricultural Center on
the basis of the following:
(1) being in the public interest;
(2) not in conflict with activities arranged and
conducted as a part of the program for year-round use of the Agricultural
Center grounds;
(3) use by an organization, group, firm or individual
accepting by execution of a written contract the rules and rental schedules
herein prescribed;
(4) manager may limit the booking of similar events
when deemed by him to be in the best interest of Western North Carolina
Agricultural Center; and
(5) at the option of the manager, an event may have
first refusal on the same corresponding date in a subsequent year.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0333 REHEARSALS: MOVE-IN AND MOVE-OUT
PERIODS
For setting up and closing down, the following shall apply:
(1) Any horse shows under contract for more than one
day shall have up to two days to move in and one day to move out.
(2) Other livestock events shall have one day to move
in and one day to move out. The move in and move out days are for the use of
horse stalls and cattle barn. Other facilities which are under contract to be
used by these events, may be used provided no additional costs are realized by
the Agricultural Center.
(3) One day horse shows and any other events, an
additional rental fee will be charged in units of half-days, figured at
one-half the stated rental rate per day for moving in and moving out.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0334 LIABILITY
Lessee shall be responsible for any damage to buildings,
their fixtures and furnishings, and to all other buildings, land and structures
on the Western North Carolina Agricultural Center grounds resulting from or
incident to contracted use. Lessee shall, when deemed advisable by the manager
of the Agricultural Center, be required to furnish bond or procure public
liability insurance (with a company approved to do business in the State of
North Carolina), to relieve the Western North Carolina Agricultural Center,
Division of Marketing, North Carolina Department of Agriculture and its
officers and employees from any and all accounts, bills, damages, suits and
claims in any way arising out of the use of the buildings or other facilities
on the Agricultural Center grounds by the lessee.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0335 RESERVATIONS AND PAYMENT OF CHARGES
(a) A tentative reservation may be made for use of the
building(s) by any organization, group, firm or individual approved by the
manager of the Western North Carolina Agricultural Center, subject to the
availability of the facilities, without payment of any fee. Such tentative
reservation shall automatically expire on the 10th day following the date upon
which the tentative reservation was made.
(b) If the date for which a tentative reservation was made
is sought to be reserved by any other qualified organization, group, firm or
individual, then the person(s) making the tentative reservation shall be
allowed 48 hours after due notice in which to execute a written contract for
use of the facilities and to pay the required cash deposit which must accompany
such a contract.
(c) In any event, a written contract must be executed not
less than 24 hours prior to the scheduled start of any and all performance or
exhibition events, at which time lessee shall make a cash deposit of not less
than the specified "guaranteed minimum."
(d) Lessee shall be required to make full settlement of 10
percent of the gross revenue if greater than "guaranteed minimum,"
along with payment for any special items or services provided by the
Agricultural Center, within 24 hours after the end of the event for which use
of the facilities was contracted. The manager of the Western North Carolina
Agricultural Center may extend the period for final and full settlement if, in
his judgment, additional time is required to determine the accurate gross
revenue.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0336 CONCESSIONS
The Western North Carolina Agricultural Center reserves the
right to operate or lease any and all concession stands and sales within the
arena building and elsewhere on the Agricultural Center grounds and lessee
shall have no claim to any revenue from any such concession sales. Lessee
desiring to sell any program, books, novelties, records, tapes, tee shirts or
other merchandise connected with the event for which the facility was
contracted will contact the complex manager and arrange to inventory all items
in prior to show time and settle with the complex manager at the end of the
event. All items are subject to approval of the complex manager. The Western
North Carolina Agricultural Center Manager reserves the right to waive the
above it is in the best interest of the Western North Carolina Agricultural
Center and the contract with the event lessee.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0337 ALCOHOLIC BEVERAGES
(a) A person shall not possess any alcoholic beverage on
Agricultural Center property except as permitted by the Agricultural Center
Manager and in compliance with the rules of the North Carolina Alcoholic
Beverage Control Commission.
(b) Alcoholic beverages shall not be sold during the annual
North Carolina Mountain State Fair.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
02 NCAC 43L .0338 CONDITIONS FOR RENTAL OF FACILITIES
For purposes of this Chapter, "day" means the time
used between 8:00 a.m. and 12:00 midnight or any fraction thereof. Time prior
to or after the day shall be charged at a rate of fifty dollars ($50.00) per
hour plus attending staffing and service fees, unless otherwise agreed by the
Agricultural Center management and the user prior to the event. All users are
subject to the rules of this Chapter and the terms of the lease agreement.
History Note: Authority G.S. 106-530; 106-6.1;
Eff. June 1, 1994.
SECTION .0400 ‑ FEES: WESTERN NORTH CAROLINA FARMERS
MARKET
02 NCAC 43L .0401 RETAIL BUILDINGS
02 NCAC 43L .0402 GATE FEES
02 NCAC 43L .0403 FARMERS AND TRUCKERS SHEDS
02 NCAC 43L .0404 MISCELLANEOUS FEES
02 NCAC 43L .0405 YEARLY DELIVERY PERMIT
02 NCAC 43L .0406 SPACE AVAILABILITY
02 NCAC 43L .0407 SPACE LIMITATIONS
02 NCAC 43L .0408 TRUCK‑RENT BASIS
History Note: Authority G.S. 106-22; 106‑530;
106-6.1;
Eff. January 1, 1985;
Amended Eff. July 1, 1998; October 1, 1993; October 1,
1989;
Temporary Repeal Eff. January 1, 2004;
Repealed Eff. June 1, 2004.
02 NCAC 43L .0409 FEES FOR SPECIAL EVENTS
History Note: Authority G.S. 106‑530; 106-6.1;
Eff. October 1, 1989;
Temporary Repeal Eff. January 1, 2004;
Repealed Eff. June 1, 2004.
SECTION .0500 ‑ AUTHORITY: DUTIES AND RESPONSIBILITY OF
MANAGER
02 NCAC 43L .0501 APPLICABILITY
The rules contained in this Subchapter are applicable to all
facilities operated by the State Marketing Authority, including the Western
North Carolina Horse and Livestock Facility in Asheville.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0502 SUPERVISION OF PERSONNEL
The manager shall have the authority to employ and supervise
such personnel as may be needed to properly conduct the general operations of
the market, including but not limited to secretarial assistance, persons referred
to as "gatemen" to collect fees from producers entering the gate,
collect fees from persons operating under retail and wholesale sheds, keep
watch of gates during hours when the market is closed to business operations,
and perform other related duties as may be requested by the manager; employ
personnel to maintain the upkeep of market buildings and grounds, such as
collecting trash, garbage and other refuse and employ other personnel as may be
required for the proper operations of the market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0503 FUTURE DEVELOPMENT
The manager shall plan for future development of the market,
design and modify buildings, and oversee all repairs needed.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0504 COLLECTIONS
The manager shall assess and collect the necessary fees,
charges and rentals to cover the cost of market operations including salaries,
wages, heat, lights, water, alterations, repairs to buildings and grounds,
construction of new facilities, and other essential costs.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0505 CREATION OF RULES
The manager shall enforce or direct the enforcement of the
operational rules contained in this Subchapter.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
SECTION .0600 ‑ OPERATIONAL RULES
02 NCAC 43L .0601 APPLICABILITY
(a) The rules contained in this Subchapter are applicable
to all facilities operated by the North Carolina Department of Agriculture.
(b) The rules contained in this Subchapter shall apply to
the Western North Carolina Horse and Livestock Facility as they relate to the
authority of the manager, and conduct by persons using the facility.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0602 GENERAL CONTROL
The market manager shall have the general control and
supervision of the market, its buildings, streets and alleyways and the
adjoining areas, and shall collect all fees and rentals from all renters and
users of the market. In all the rules and regulations, the duly authorized
agent of the market manager shall have the same authority as the market
manager.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0603 REQUIRED FEES
All renters and users of the market must pay the required
fee or rental of use of said market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0604 DENIAL
The market manager has the authority to deny any person the
privilege of operating on the market who, in his judgment, is using methods
that are detrimental to attendance at the market or contrary to market
policies.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0605 REMOVAL
The market manager shall have the authority to order and
remove any person from the market who is guilty of any violation of these
market regulations, or who may be guilty of violating any ordinances of the
city, county or state law, or who shall fail to obey any lawful orders of the
market manager.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0606 DAMAGE TO PROPERTY
No person shall deface or damage the buildings, pavement, or
other physical equipment of the market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0607 PROFANE LANGUAGE
The use of profane, abusive or discourteous language on the
market is prohibited and is punishable by expulsion from the market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0608 GAMBLING
The market manager shall have authority to order from the
market any person gambling or under the influence of intoxicants or disorderly
in conduct.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0609 EMPLOYEES
In order to effectuate these Rules of the market, all
renters and users of the market are responsible for the actions of their
employees.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0610 PUBLIC OUTCRY
No person shall make any public outcry, do
"hawking" or give any musical or other entertainment for the purpose
of drawing customers or to attract attention, or shoot fireworks or firearms at
any time.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0611 CHURCHES
Churches or other organizations selling food must have
permission of the market manager to sell on the market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0612 ADVERTISING
No person shall distribute, scatter about, or post on the
market any advertising, signs, pamphlets, cards, and bills, or other printed
matter without the consent of the market manager.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0613 SANITATION
Any renter or user of space on the market must keep his
immediate premises reasonably clean, sanitary, and orderly. Persistent failure
to carry out the market manager's orders in this respect shall constitute just
and sufficient cause for the revocation of the renter's or user's permit.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0614 ABANDONMENT
No buyer, vendor, renter or user or other person shall
abandon produce, vehicles or other articles on the market. If such is done the
manager may have such item(s) removed from the market at owner's expense or
donate to a person who will dispose of such items or articles.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0615 HOUSEKEEPING
Housekeeping or homesteading in the market is prohibited.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0616 VEHICLES
All vehicles must enter and leave the market area through
entrances and exits so marked.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0617 SPEED
Every person operating a vehicle on the property of the
market shall drive such vehicle in a careful and prudent manner and at a rate
of speed so as not to endanger the property of another or do physical harm to
any person. All parking signs, speed limit signs and other posted signs shall
be observed.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0618 MECHANICAL EQUIPMENT
All market leasees, renters or users are required to use all
possible care in the operation of mechanical equipment used on the market
property.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0619 PARKING
The parking of automobiles and other motor vehicles of
market tenants and their employees, shall be confined to spaces designated by
the manager. Such automobiles shall not be parked on the market pavement where
they will obstruct traffic or take up space necessary for the orderly operation
of the market business. Vehicles shall not be parked in areas that would be
detrimental to grass or landscape arrangements.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0620 UNSOUND PRODUCE
No person shall sell produce which is unsound or unwholesome
or which fails to meet the standards or requirements of federal, state or local
laws and regulations. All North Carolina regulatory laws applying to weights, measures,
marking of containers, sanitation or other legal requirements will be obeyed by
all market tenants. In no case will produce be offered for sale that contains
a total of more than 10 percent decay, shriveling and/or other blemishes.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0621 INSPECTIONS
The market manager may make or cause to be made any
inspection or inspections which may be necessary and may prohibit the sale of
any produce which does not conform with legal and stated market standards.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0622 PRICE AGREEMENTS
No buyer or seller on the market shall enter into any price
agreement or join any organization for the purpose of raising, lowering, or
fixing abnormal or artificial prices of products on the market, or for the
purpose of keeping products off the market, and no person shall assist others
in any way to accomplish this purpose.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0623 DECEPTIVE PRACTICES
Fraudulent, dishonest, and deceptive practices carried on at
the market may be punishable by revocation of permit to sell on the market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0624 INSULTS
No vendor shall do any act or use any language which appears
to be intended thereby to insult another vendor or shopper or to intimidate a
shopper into purchasing the produce which is his.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0625 FALSE REPORTS
Persons who circulate false reports tending to upset or
destroy the operations of the market or that may cause upset or damage to
vendors in loss in prices shall be subject to expulsion from the market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0626 TIPS OR GRATUITIES
The market manager and all other employees of the market
shall not engage in the buying or selling of any produce on the market, and
shall not receive any tips or gratuities from any buyer or seller on the
market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0627 FAIR PRACTICES
Vendors on the market must not approach a buyer for the
purpose of making a sale while said buyer is in conversation with another
vendor.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0628 PILING
Market tenants shall confine the piling and display of
produce to the space leased by them.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0629 CULLS
The manager may require that all produce sorted out as culls
or otherwise considered of no commercial value shall be placed in containers
and destroyed or removed from the market premises. The disposition of such
product(s) shall be the responsibility of the person or firm in whose
possession the product may be.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0630 ABANDONED PRODUCE
Abandoned produce and/or containers will be disposed of as
follows, 24 hours after the rent has expired:
(1) Produce. Inspectors will check and donate edible
products to charitable institutions;
(2) Containers. Will be removed and disposed of by
market cleaners.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0631 CHILDREN
Children under 14 years of age shall not be permitted to
roam or wander around the market unless accompanied by an adult who shall be
responsible for the conduct of such minor. Wholesalers, retailers, truckers,
farmers, and buyers who bring minors to the market with them or allow minors to
visit with them shall be responsible for carrying out this provision. The
riding of bicycles or other similar devices on the market by minors is strictly
forbidden.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0632 PETS
Tenants are not permitted to keep animals on the market
without permission of market manager.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0633 SALAMANDER STOVES
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985;
Repealed Eff. June 1, 1990.
02 NCAC 43L .0634 HOURS
The manager shall have the authority to set opening and
closing hours which are deemed to be in the best interest of market operations
and the general public. Changes in hours currently in effect shall be posted
in one or more conspicuous places and announced through news media.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0635 PAYMENTS
Payments for leases or rentals shall be made in advance.
Persons or firms not paying by the 10th of the month for which the rental is
due may be charged the maximum legal rate of interest for the amount due.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0636 DAMAGE TO MARKET PROPERTY
Persons causing damage to market property shall be
financially responsible for the cost of repairs or replacements. Such damage
shall include, but not be limited to buildings, grounds, fences, gates,
vehicles, and any other property owned and/or operated by the market.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0637 SUB‑LETTING
The manager may prohibit the sub‑letting or renting or
leasing of any market facility or space by one tenant to any other person or
firm.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0638 REMOVAL OF PROPERTY
All tenants or users of the market shall remove any vehicle
or item or property upon direction of the market manager.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0639 CUSTOMER COMPLAINTS
It is the responsibility of all tenants on the market to
satisfy customer complaints. Upon receipt of numerous complaints concerning
the same tenant, the market manager may cancel the marketing privileges of the offending
tenant.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0640 FALSE PACK
No tenant shall use any false pack. As used herein, false
pack means the topping or facing of containers with the best products exposed
and poor products concealed underneath.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0641 ADDITIONAL FACILITIES
No person shall erect any facility upon the market without
the approval of the market manager.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0642 SIGNS AND PRICE TAGS
All signs and price tags must comply with market
regulations.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0643 VACATING SPACE
Each trucker, when removing his truck from the assigned
space (other than for short deliveries) shall leave the space clean for the
next incoming vehicle.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0644 DESIGNATING REPRESENTATIVE
If a producer or dealer wishes to designate a person to
represent him in his rented space, prior approval shall be obtained from the
market manager or his representative.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0645 HOLDING SPACE
Holding space by use of parked vehicles, small amount of
produce, etc., will not be permitted.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0646 STATIONARY VEHICLES
Stationary vehicles designated for storage and/or
refrigeration will be permitted only upon approval of the market manager.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0647 ELECTRICITY
Only those usages of electricity approved by the market will
be permitted.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0648 PRODUCE QUALITY
At the discretion of the market manager, low quality produce
may be required to be marked "Second Quality Produce".
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0649 REGULATORY ENFORCEMENT
(a) The market manager may dispossess tenants for failure
to abide by the regulations of the State Marketing Authority.
(b) The market manager may cause to be removed from the
market any person who fails to abide by the regulations of the State Marketing
Authority.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0650 LIMITED SPACE
If due to limited space available, the manager may restrict
each payee to one space; may require all produce to be kept on trucks and not
on pavement.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
02 NCAC 43L .0651 SPUR TRACKS
All leasees having use of spur tracks may be required to
keep same free of all foreign matter, including ice from cars, snow, sticks,
paper, and other forms of rubbish.
History Note: Authority G.S. 106‑22; 106‑530;
Eff. January 1, 1985.
SECTION .0700 ‑ FEES ‑ PIEDMONT TRIAD FARMERS
MARKET
02 NCAC 43L .0701 PAYMENT OF FEES
02 NCAC 43L .0702 GATE FEES
History Note: Authority G.S. 106‑22; 106‑530;
106-6.1;
Eff. June 1, 1995;
Temporary Repeal Eff. January 1, 2004;
Repealed Eff. June 1, 2004.