GTBNC - Food Vendors - Outside

Welcome to the NC Mountain State Fair!  Please read through all the information attached below.  It is your responsibility to read through the Rate Book and other fair information before submitting the application.  This is an electronic agreement and by submitting the application, you are validating and approving this agreement electronically. Contract and Payment InformationRead the 2024 Information Rate Book before signing the Contract For Space.  The signature of the Manager and lessee above the words “Lessor” and “Lessee” respectively on the 2024 Contract For Space, shall constitute the execution of this contract by the parties hereto. Both parties agree to the terms and conditions designated therein and agree to comply with the rules and regulations contained in the 2024 Exhibitors and Concessionaires Information Rate Book.

• Lessee releases and discharges and agrees to indemnify and hold harmless the N.C. Mountain State Fair/WNC Agricultural Center, the N.C Department of Agriculture and Consumer Services and the State of North Carolina and their respective employees, servants, agents and officers from any and all claims arising out of death, personal injury or property damage suffered or incurred as a result of Lessee participation in the N.C. Mountain State Fair.  

 2024 Contracts For Space will be based on information submitted by online application.  Fair Management may at his own discretion choose to withhold a contract due to contract violations or observations that were not in the best interest of the Fair or fair patrons.  The *Beginning Balance Due includes space and electrical charges, Logo Use Fee and Sponsorship amounts.  Permit charges may not be reflected in this amount and will be added as requested. (Ex. RV, Golf Cart, SVE)Receipts for payment will not be mailed to the Lessee unless requested. Verify all information on the Contract For Space with attention to “Product” information.  Concessionaires’ and Exhibitors’ products or services must correspond to the Product description on the Lessee’s contract and not conflict with, differ from, nor exceed that listing.  Any exceptions must be approved by management and documented in Lessee’s file.  Lessee shall keep a copy of the rental contract on the rental premises.If the Contract For Space is correct:Sign and Date the original contract above the Lessee’s Signature, keep COPY for yourself
Include a minimum deposit of $250.00 for each space shown on the contract
Submit online, email, or mail contract, deposit to the Exhibits and Concessions Office within 30 days of approval
A contract without payment is not binding.   This Information Rate Book is an extension of the 2024 Contract For Space with the North Carolina Department of Agriculture and Consumer Services and the North Carolina Mountain State Fair.  The regulations for exhibitors and patrons is contained in the NC Administrative Code.  The parties hereto intend that this contract should be construed supplementary to the NC Administrative Code and not in conflict therewith.  The NC Administrative Code may be found at: http://reports.oah.state.nc.us/ncac.asp or upon request a copy will be mailed to you.   Fair Management reserves the right to interpret these rules and settle all matters as they shall deem necessary for the proper safety, protection, and control of said grounds.  This right extends without limitation to persons, things, conduct, signage, or printed material. Force Majeure.  If the performance of this Agreement or any obligations hereunder is prevented, restricted or  interfered with by reason of earthquake, hurricane, tornado, fire, flood, pandemic or other casualty due to strikes, riot, storms, explosions, acts of God, war, terrorism, governmental shutdown or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement. Food VendorsAll vendors selling sweets and/ or foods will be inspected. Buncombe County Department Environmental Health and NCDA&CS Food & Drug will be conducting these inspections. Please educate yourself on what is required for you to sell all the types of sweets and foods you will be selling. It is your job to know what inspection you fall under.  Please see below attachments for details about Buncombe County Environmental Health, NCDA&CS Food & Drug, NCDA&CS Meat & Poultry, and NCDA&CS Standards - LP Gas. 

The NC Mountain State Fair, September 6th-15th, 2024, is a truly memorable family event that offers top-notch entertainment and a focus on the region's deep agricultural roots. Families from across the region visit Western North Carolina’s largest event to create lasting memories and enjoy an annual showcase of agriculture, food, fun, and exhibits. In 2023, we welcomed 147,278 fairgoers over 10 days to enjoy Western North Carolina heritage and celebrate our bright future.

Rules and Regulations for Exhibitors and Concessionaires 

• Fair Management, without prior notice, reserves the right to close any concession, vendor booth, or exhibit not being operated in accordance with the provision of this Contract, or if, in the sole discretion of the manager, the exhibit is not in the best interest of the Fair and it’s patrons.  Fair Management reserves the right to disallow the display and sale of any item of questionable taste, inconsistent with a family fair. 

• At the discretion of Fair Management, any space location assignment could be changed at any time as deemed necessary by Fair Management. 

• Due to grounds lay-out, Fair Management shall have the authority to eliminate previously available space from year to year.  In such cases the right to offer substitute locations or to discontinue contracts entirely is solely Management’s discretion. 

• Under provisions of N.C. Gen. Stat. 105-164.4, every retailer “engaged in business” in North Carolina must collect and remit appropriate tax.  Vendors should register at http://dornc.com/electronic/registration/index.html.

• No water may be aerosolized by any means including but not limited to hot tubs, spas, misters, diffuser, cooling fans or fountains.  Violations will result in immediate removal from the grounds of the WNC Agricultural Center. 

• Retail Vendors selling trademarked products, upon request, must show your license to sell same to inspectors.  This includes but is not limited to DISNEY, JOHN DEERE, NASCAR, SUNGLASSES, POCKETBOOKS, CAPS, or any other trademarked items. 

• Every Lessee/vendor location is to provide hand sanitizer for public use.

• Anyone selling or exhibiting anything at the N.C. Mountain State Fair shall comply with all Federal, State and local laws, regulations, rules and ordinances.  

• All tents must be anchored and secured. The WNC Agricultural Center is not responsible for tents that are damaged or blown away nor damage resulting from malicious intent. Lessee is responsible for damage to property resulting from or incident to contracted use.  

• Tents/canopies are not allowed inside of any building due to Fire Marshall regulations.  Frames may be used without canopy top for hanging items.  

• All business is to be conducted in an ethical and professional manner.  

• All business is to be conducted within the boundaries of the booth or designated space.  This includes any tent stakes, storage containers, awnings, lights, etc. Vendors are not allowed in the aisles to promote their product(s).  This applies to inside booth spaces and outside spaces. 

• No Alcoholic Beverages allowed on the grounds of the WNC Agricultural Center, including camping and parking areas.

• No space may be sub-leased either in whole or part.  

• Lessee will have exhibit(s) or concession(s) in place and completed by 7:00 p.m., Thursday, Sept. 5, 2024. At the discretion of Fair Management, if paid leased space is not occupied by 11:00 a.m. on September 5, 2024, the Contract for Space will be subject to cancellation with no refund.  

• Spaces are subject to measurement by authorized personnel. Any footage used outside of the space described on the contract will be charged a penalty of $25.00 in addition to the excess footage charge.  Included are tent anchors, storage containers, awnings, signs, lights, or any decoration.  The invoiced amount is due and payable in the Exhibits and Concessions Office upon receipt of the invoice.  Failure to pay by 6:00PM, Saturday, Sept. 15, 2024, may preclude a contract being offered the following year.

• The Lessee, if a food concessionaire, will be permitted to open their concession prior to September 6, 2024, for an additional Early Opening Fee and approval by the Buncombe County Health Department.

• Lessee will keep their leased area, as well as the area surrounding the leased area for a distance of ten (10) feet in all directions, free of bottles, rubbish, and debris.  All trash will be bagged or boxed by Lessee to be picked up by maintenance staff.

• Lessee will use professional signage that is easily seen by the public.  All signage shall contain only the name, type and price of merchandise offered for sale.  Concession stands shall contain a Fire Extinguisher, minimum size of 10 lbs., to combat Type A,B, and C fires.  All decorations must be fireproof.

• Food Concessions must list each item sold and the price of each. All selling prices must be prominently displayed where patrons can see without obstruction.

• No dogs allowed on the fairgrounds or in the Exhibitors Parking lots except “service dogs”.

• Permits are required for RV parking in designated areas; no camping allowed in parking lots.

• No laser lights are to be sold or used on the fairgrounds.

• No “Walk-arounds”, outside posters, handbills, sales information or soliciting, distributing of literature, car stickers, etc. is permitted outside of the exhibitor’s or concessionaires’ paid leased space. 

• No speakers or signs shall be placed outside your designated paid leased space. 

• Lessee will not use any Loudspeaker System, radio, or other broadcasting device without express written permission of Fair Management.  Fair Management reserves the right to determine at his discretion the proper volume decibels.  Approved loudspeakers must not disturb normal business transactions in adjoining exhibits nor the general public.  Failure to comply may result in contract cancellation.

• Inside Booths have 3’ sides and 8’ backdrops. Side partitions and display material may not exceed 46” in height, for a distance of 5’ from the aisle.  You should be able to stand in the front 5’ of your booth and look left to right and clearly see the neighboring exhibitors.  Approval must be obtained in advance from Fair Management for any item or display that exceeds these dimensions.

• Propane tanks will be inspected and must meet all requirements.

• No movement/transporting of propane tanks on fairgrounds during Operating Hours, this must be done before Gates open to the public and after Gates close. 

• Propane tanks on fairgrounds must be secured in an upright position when transported. 

• All containers filled in place will be located so the fill valve is 10 feet from any ignition source.

• No flammable gas or combustibles will be allowed inside of any building or tent except by management permission. 

• All outside food concessionaires will be required to use propane, and/or charcoal for cooking. 

• NO SMOKING allowed inside any building or tent on the grounds of the WNC Agricultural Center.

• All vehicles making deliveries must be off the Independent Midway thirty (30) minutes prior to the opening of the Fair gates each day.  After this time, vehicles will be allowed only in the designated parking area.   This rule will be strictly enforced for your own well- being as well as the safety of visitors and workers.  

• Roving vendors/solicitors, acting on behalf of either a for-profit or nonprofit organization, or on his or her own behalf, are not permitted on the grounds.  If you observe solicitation, please tell Fair Staff. 

• Lessees and their staff must be clean and neatly attired.  Proper hygiene and dress is required at all times during operating hours.  Persons found working who are not in compliance may be asked to leave their space. 

•  The State Auditor shall have access to persons’ records related to this Contract to verify accounts and data affecting fees or performance under the Contract as provided in G.S. 143-49.  

 Insurance Requirements  

• All Concessionaires and Exhibitors must provide a Certificate of General Liability Insurance listing the North Carolina Mountain State Fair as Additional Insured in the amount of $1,000,000.00 due by July 15, 2024.  (Animal Exhibits are required to have $2,000,000.00 in Liability coverage.)

• The N.C. Mountain State Fair MUST BE LISTED AS ADDITIONAL INSURED on the certificate.  

• The dates of coverage under the policy must include set up and break down/move out dates.  

• Product Liability is required for Food Concessionaires and Wholesale Vendor Suppliers who are selling or giving away any consumable food product.  This includes products that are applied to the skin, service providers such as chiropractors, those doing blood pressure checks and any type of massage, as well as someone selling magnets or items used on the body.  The company affording the coverage must be licensed to do business in the State of North Carolina and is to be countersigned by an agent of record, approved by the Commissioner of Insurance, State of North Carolina.  

• Lessee will not be allowed to open or set up unless a copy of the Certificate has been received in the Exhibits and Concessions office.  Please follow the check off information to be certain that your agent will have what is needed.