Current through Register Vol. 35, No. 18, September 24, 2024
Within the program area defined below, the division permits
a program involving the daily sales of Native American handmade products by
qualified participants, subject to the following conditions. All participants
are subject to all rules and conditions starting at 7:00 a.m.
A. Program area. The participants shall
conduct the program upon the brick surface area under the portal that extends
four feet from the southern wall of the museum and in between the plane of the
eastern wall and the plane of the western wall of the same.
(1) The program shall not use the area
extending west seven feet across from the museum's main entrance.
(2) During times of repair to the portal
area, peak sales, or other circumstances, the director or coordinator may
designate supplemental or alternate selling locations within the perimeter of
the museum.
B. Spaces.
The program area shall be divided into a number of spaces, each six feet deep
from the wall and three feet, six inches wide along the wall. One space shall
be situated against the banco (bench) and curb on each side of the portal at
the corner structures.
(1) Participants shall
obtain their own spaces; that is, no one may obtain a space for another
participant. This includes moving other participant's cloths, intimidating
other members out of claiming a space, etc.
(2) The first space west of the building
entrance is reserved for the designated duty officer.
(3) Household members shall share a space. A
household shall only use one space.
(4) Two participants may voluntarily agree to
share one space, provided that both are present at the start of the draw. Both
participants will be set up by 10:00 a.m. The primary space holder must remain
until 12:00 p.m. (excluding emergencies). Should the primary space holder
return later than 11:00 a.m., the space becomes vacant.
(5) The following spaces cannot be shared:
64, 65, 70, and 71.
C.
Hours and dates of operation: The program shall commence each day at 7: 00 a.m.
according to the duty officer's timepiece and shall terminate upon departure of
the last participant from the program area even on days without a drawing.
Beginning at 7:00 a.m., participants may place their cloths along the curb
opposite the space they want, and may claim that space at 8:00 a.m. if no
drawing is held. Any participant arriving after 8:00 a.m. shall set up
immediately.
(1) A participant shall not set
up prior to 8:00 a.m., and shall be completely set up by 10:00 a.m. Adding
additional items after 10:00 a.m. is prohibited.
(2) No participant shall sell in the program
area during Spanish market, Indian market, and during days or time periods that
the director determines that museum needs preclude sales in the program area
for reasons including, but not limited to, program area renovations.
D. Duty officer. Duty officers
shall monitor the program and be responsible for assigning spaces, conducting
inspections, and fulfilling other duties described herein.
(1) Committee members' duty days shall be on
which they are assigned according to the monthly duty officer schedule prepared
by the portal committee secretary.
(2) The duty officer shall be present at the
program area by no later than 7:45 a.m. and shall remain on duty until at least
3:00 p.m. If the duty officer must leave before 3:00 p.m., the duty officer
shall make arrangements with another portal committee member or alternate to
serve as the duty officer.
(3) A
portal committee member shall make arrangements with another portal committee
member when they are unable to serve as duty officer.
(a) If a scheduled duty officer fails to make
arrangements for another portal committee member or alternate to serve in the
duty officer's place, any active portal committee member may serve as duty
officer for that day. If more than one active portal committee member wishes to
serve as duty officer, the portal committee shall hold a drawing to determine
which one shall serve as duty officer for the day.
(b) If no portal committee members are
present, an alternate portal committee member may volunteer as the duty
officer. If more than one alternate portal committee member wishes to serve as
duty officer, a drawing shall be held to determine which one shall serve as
duty officer for the day. If no portal committee members or alternates are
available, a former portal committee member may serve as duty officer. An extra
set of draw materials will be available.
(4) The duty officer shall conduct
inspections of participants' products in accordance with these rules.
(a) The duty officer shall document any
violations observed during an inspection on a monitoring form. The participant
and duty officer shall sign the monitoring form. The duty officer's signature
shall serve as verification that the information on the monitoring form
accurately represents what the duty officer observed. The participant's
signature does not serve as an admission to the alleged violation, but
acknowledges that the duty officer discussed the alleged violation with the
participant.
(b) The duty officer
shall explain the alleged violation and discuss the violation with the
participant in a private manner, away from other participants. The duty officer
shall include another portal committee member as a witness to the
discussion.
(5) A duty
officer may sell products while on duty if possible while also successfully
completing all the duty officer's responsibilities and may request assistance
from other portal committee members to accomplish their required
duties.
(6) A duty officer's
household member may occupy the duty officer's designated space while the duty
officer fulfills the duty officer's duties.
(7) The duty offer shall immediately notify
the coordinator or division security if a participant or member of the public
behaves in a disruptive or dangerous manner
E. Drawing. The duty officer shall hold a
drawing when there are more participants than available spaces. On these
occasions, the duty officer shall count participants who are present at 8:00
a.m. and put a chip for each participant into a drawing receptacle. This
receptacle shall contain numbered chips that correspond with the available
spaces, except for the duty officer's space, as well as blank chips. Each
participant shall draw a chip, one participant at a time.
(1) If all participants have drawn chips and
all the numbered chips have not been drawn, the portal committee shall assign
the space to the next participant on the waiting list. This includes spaces
that are immediately abandoned by choice.
(2) Participants arriving after the draw may
not share spaces, but may have their names added to the waiting list in the
order of their appearance to be eligible for assignment to vacated vending
spaces.
(3) Attempting to create an
unfair advantage during the drawing is grounds for discipline. An example may
be deliberately drawing more than one chip or trading chips.
F. Waiting list. The duty officer
shall keep a waiting list for vending spaces vacated during the day.
Participants, including those who arrived after all of the spaces were vacated,
participated in the draw or arrived at the portal after the draw for vending
spaces, shall notify the duty officer if they would like their name added to
the waiting list. The duty officer shall add participant names in the order of
receipt.
G. Abandonment.
(1) Any participant who leaves the
participant's space, including half spaces, for a period exceeding one hour has
abandoned that space. The duty officer shall assign the first person on the
waiting list the first vacated space. If the first person is not present when a
space has been vacated, the duty officer shall assign the second participant on
the waiting list the vacated space, and so on until the waiting list has been
exhausted.
(2) When a participant
abandons a space and leaves items behind, the duty officer may remove a
participant's cloth and merchandise. The duty office shall turn over the cloth
and merchandise to the coordinator. The division, the coordinator, and the
portal committee do not assume any responsibility for merchandise left
unattended.
H. Director
oversight. Should the portal committee or duty officer fail to operate the
program as described in this section, the director may take the measures
necessary to ensure the program continues to operate that day.
