California Code of Regulations
Title 3 - Food and Agriculture
Division 7 - Fairs and Expositions
Chapter 2 - Revenue Generating Contracts
Article 1 - Vendor Contracts
Section 7010 - Requirements for Vendor Contracts at District Agricultural Associations for Annual Fairs and Secondary Fair Events

Universal Citation: 3 CA Code of Regs 7010

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) For the purposes of Article 1 of these regulations, the following terms shall have the meanings described below:

(1) Annual Fair is the primary annual fair event held at an Association fairgrounds.

(2) Calendar Year means one year from the start date. For example, two Calendar Years starting June 5, 2001 would end June 4, 2003. The two Calendar Years would therefore include two Annual Fairs, even though 2001, 2002, and 2003 are included in the term.

(3) Association means District Agricultural Association.

(4) Secondary Fair Event is an annual fair event produced by an Association, other than the Association's regular annual fair. Examples include, but are not limited to, a holiday fair or spring fair.

(5) Vendor means a concessionaire (food, beverage, novelty, or other) or commercial exhibitor who promotes and sells their product at an annual fair or Secondary Fair Event.

(b) Vendor contracts at Association fairgrounds for Annual Fairs and/or Secondary Fair Events may be for a term of any period up to five Calendar Years.

(1) A vendor contract prepared for a term of more than one Calendar Year shall be written for an initial one year term, and shall contain language indicating that:
a. The contract will automatically be renewed annually up to the total term of the contract upon agreement of the vendor and satisfactory performance evaluation by the Association.

b. The Association reserves the right to adjust the financial terms, concession/exhibit location, and any other terms and conditions each year upon renewal of the contract.

c. The Association reserves the right to not renew the contract if legislative budget changes occur.

(2) Prior to entering into a vendor contract that exceeds one year, an Association board shall:
a. Establish performance measures for annual performance evaluation of vendors whose contract exceeds one year.

b. Develop termination clause language to be included in vendor contracts that exceed one year.

c. Develop any other contract terms or conditions that the board deems to be in the best interest of the Association when entering into vendor contracts that exceed one year.

1. New chapter 2, article 1 (section 7010) and section filed 12-20-2001; operative 1-19-2002 (Register 2001, No. 51).

Note: Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 3965.1, 3965(d) and 4051(a), Food and Agricultural Code.

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