Advanced Search

Section .0100 ‑ Fees:  State Farmers' Market At Raleigh


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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.