What "Marketplace Guidelines" Is All About
Marketplace Guidelines contains an alphabetical listing of items relating
to the Marketplace. Included is everything from how to receive permission
to park on Church Street to what the various Marketplace committees
are intended to do. The authority (whether it is a City Ordinance or
a Marketplace Commission resolution) for each item is also included.
Pages are updated each year. Questions? Call the Marketplace office
at 8631648.
The Guidelines
1. Banners
[Top]
Banners are not allowed on the Marketplace (Commission resolution,
7/28/87 2/19/87).
2. Bicycle Riding
[Top]
Prohibited except as specifically allowed by the Commission (Burlington
Code of Ordinances, Section 63).
3. Burlington
Business Association [Top]
The B.B.A. includes members from not only retail establishments, but
also from a variety of commercial and professional interests represented
in the downtown. Its members include Marketplace business people, as
well as any and everyone having an interest in the vitality of the downtown.
For more information about its mission, membership, and its various
committees, call 8631175.
The B.B.A. holds a monthly membership meeting on the first Thursday
of every month at 8:00 A.M. These meetings are very well attended and
provide a forum for information as well as a mechanism to "team
build" around downtown concerns.
4. Canopies
[Top]
Buildings
Each year the Commission may allocate a total amount not to exceed
$5,000 from any available capital monies for costs associated with
demounting and remounting canopy glass to facilitate special (not
routine) building maintenance (e.g., painting, brick work, installation
of HVAC equipment). (Commission resolution, 7/12/83.)
Removal
Building owners may remove the canopy in front of their building
after meeting certain protocols. (Commission resolution, 10/26/94)
Use of Space Beneath
No uses under the canopy are allowed (City Ordinance; 3/16/95). Certain
exceptions apply to comer locations.
5. Commission
[Top]
The Commission consists of nine members, appointed by the Burlington
City Council for three year terms. No more than "four of the commissioners
[may] be from the same political party." "Two members at all
times shall be proprietors or managers of a retail establishment which
is within the district and such members need not be residents of Burlington."
(All items in this paragraph are from Section 322 of the Burlington
City Charter.)
Purpose
Section 324 of the Burlington City Charter specifically describes
the purposes and powers of the Commission. They are, in brief, "to
establish, improve and maintain the Church Street Marketplace, for
the benefit of the of Burlington, the county and State. Many of the
listed powers deal with the Commission's early responsibilities during
the planning and construction of the Marketplace. The current relevant
powers/purposes include:
- leasing of space in, below and above the Marketplace upon approval
by the City Council
- appointment of a manager and employees for the operation of the
Marketplace
- contracting of management and maintenance contracts to enable it
to carry out its powers
- issuance of permits for various uses of the Marketplace, including
adopting regulations and charging fees for such permits
- charging rentals and fees for its services and use of space in the
Marketplace
- advertising and promoting the Marketplace "and its activities
... when the commission determines that such advertisement and promotion
will promote the prosperity and general welfare of the citizens of
the City of Burlington and of the state."
Meetings
The Commission meets at least monthly. All meetings are open to
the public and participation by Marketplace merchants, property
owners, and vendors is encouraged. Anyone may request to be specifically
included on the agenda by making the request in writing at least
seven days before a Commission meeting.
Dates, times and locations of all meetings are posted in the Marketplace
office and in City Hall in the first floor hallway. The Burlington
Free Press publishes a list of all governmental meetings each
Monday morning; Commission meetings are listed there as well.
The City Council requires that each meeting's agenda be posted
one week in advance of the meeting, if possible. Minutes of each
meeting are prepared soon after the event, and approved at the next
regular meeting of the Commission. The originals are retained in
permanent binders as required by City Charter and are always available
for inspection.
6. Committees
[Top]
The Commission relies on the work of its several committees, whose
members are Marketplace merchants and property owners and interested
citizens to advise it on a variety of matters. The standing committees
are,
License
Committee
This committee consists of three Marketplace vendors (elected by
their peers through a selfnomination procedure), three Marketplace
nonvendor merchants (appointed by the Chairperson of the Commission),
one property owner and two Commissioners. It advises the Commission
on rules regarding Marketplace vending, fee setting, and works with
vendor applicants to guide them through the approval process for vendor
carts. It also advises the Commission on licensing rules, regulations,
and approvals of sidewalk cafes, and the activities which may be licensed
by the Marketplace Commission. It meets monthly.
Marketing
Committee
The Promotions Committee develops an annual Marketplace Marketing
Plan, which is, in turn, approved by the Marketplace Commission prior
to implementation. The Committee then shepherds the Marketing Plan
through the year as individual promotions are finetuned.
7. Common Area Fees
[Top]
Common area fees provide the bulk of funds used by the Commission
for the operation, maintenance, and promotion of the Marketplace. The
City Charter, Section 326, provides specific instructions on how the
fees are levied. Briefly, however, property owners of record in the
Marketplace District as of the previous April 1 pay common area fees.
The fiscal year begins on July 1. The Commission holds a public hearing,
usually in February or March, at which it proposes individual fees and
its levying formula for the upcoming fiscal year. After this, the fees
are recommended to the City Council. That body then has another public
hearing, usually around May 15, on the same issue(s), which it follows
with a twelve day grievance period. Finally, on or before June 15, the
City Council (again, after a public hearing), levies the fees.
Payment
Common area fees are paid in four equal installments during the fiscal
year: August 15, November 15, March 15, and June 15. Unpaid amounts
are subject to an immediate 5% penalty, as well as a 1% additional
penalty on the fifteenth of each month following nonpayment. Any payments
unpaid on June 30 are turned over to the City Treasurer for collection.
The City Treasurer may force a tax sale of the relevant property to
enable collection.
Formula
The current formula is based on ground floor square footage alone
with the exception of Burlington Town Center. The approximate charge
through FY'01 is $1.94 per square foot.
8. Deliveries
[Top]
Deliveries are allowed from 7:00 A.M. to 10:30 A.M. Monday through
Saturday from Pearl to College Street on the Marketplace. Short term
parking is allowed only to load or unload.
9. District
[Top]
"District" refers to the Marketplace District, the area
from which the Marketplace Commission derives common area fees. The
District was originally established by the voters of the City upon their
approval of the City Charter provisions regarding the Marketplace in
August of 1979. The District is currently defined as the area on Church
Street between Main and Pearl Streets as well as 80 feet around each
corner of the blocks included in the District.
10. Donations By The
Marketplace To Others [Top]
Not more than one percent of the gross Marketplace budget may be spent
by the Promotions Committee on advertising supplemental to events staged
by others on the Marketplace, so long as that ' allocation is part of
the Marketing Plan (below). No other donations/ contributions to others
may be made. (Commission resolution, 10/25/84.)
11. Electricity
[Top]
Electric Receptacles are for Marketplace approved activities only.
12. Extensions Into
The Public Rightofway (Permanent) [Top]
A Private Use of Public RightofWay report was issued on October 13,
1992. A copy may be obtained in the Marketplace office.
13. Flags
[Top]
Extended to non profit organizations or to enhance Marketplace sponsored
events (Commission Resolution, 3/29/95).
14. Games
[Top]
No person shall play at ball or any game of chance or skill on the
Marketplace (City Ordinance, 11/16/94).
15. Gateways
[Top]
The chains on the inner blocks, as well as the chains on the Cherry
to Pearl Street block, are open from 7:00 to 10:30 A.M. Monday through
Saturday (Commission resolutions, 12/ 2/80, 1/11/82, 6/24/83, 7/29/83).
Where access must be gained to these areas at other times, provisions
may be made by calling the Marketplace office at least twentyfour hours
in advance.
Emergency access by bona fide emergency vehicles may be gained at any
time. All City emergency vehicles are equipped with appropriate keys
and bolt cutters (if time is critical).
16. Gifts To Marketplace
Employees And/Or Commission [Top]
No employee may accept a gift exceeding $20.00 in accordance with
City Policy. The Commission may accept gifts upon specific Commission
action at a Commission meeting (Commission resolution; 3/13/81).
17. Grants
[Top]
No financial grant, donation, or contribution may be requested by
anyone acting on behalf of the Commission without prior Commission authorization
(Commission resolution, 4/13/ 81).
18. Information Kiosks
[Top]
The Marketplace maintains Marketplace directories in three kiosks
on Church Street; owned and installed by the Marketplace (near City
Hall, near the College Street intersection, and in the Cherry to Pearl
Street block). All commercial entities on the Marketplace are listed
on each kiosk. The Marketplace kiosks are updated twice per year. There
is no charge for inclusion in these directories.
Posters
At least one (and up to three, space permitting) posters for events
(other than profit enterprises) which are either for the benefit of
a nonprofit or do not show a fee are placed in the kiosks by Marketplace
personnel (Commission concurrence, 1/28/82; Commission resolution,
1/1 4/91). Likewise, up to three posters showing menus or other image
promotion for Marketplace feepayers may also be placed in Marketplace
Kiosks (Marketplace Commission resolution, 1114/91). The posters are
placed or removed at least weekly. Political posters are not allowed
unless they are for a Marketplace sponsored event such as a debate
(Commission resolutions, 9/10/82 and 1/14/91).
19. LogoUse Of
[Top]
The staff must review any use of the Marketplace logo and may charge
a fee for its use (Commission resolution, 1/26/81).
20. Marketing Plan
[Top]
The plan is developed each spring for the upcoming fiscal year beginning
July 1. For more information on the Marketing Plan, refer also to the
Marketing Committee description in the "Committee"section.
21. Marketplace news and merchant
meeting minutes [Top]
Purpose.
The Marketplace office mails or delivers a newsletter and monthly
merchant meeting minutes all Marketplace merchants, property owners,
members of the City Council, the Mayor, local media, and interested
others to inform recipients of activities planned on the Marketplace
. Calendar updates, signup sheets for promotions, information about
budget and common area fees, and similar items are included to inform
those interested in the Marketplace.
Schedule.
The information is delivered by Marketplace staff to merchants or
mailed to during the year. Items of interest can be included
by notifying the Marketplace Marketing Director.
Insertions.
Promotional information for Marketplace businesses to offer gifts
or discounts to other members of the Marketplace "family"
will be included at no charge to the business.
22. Marketplace Merchant Vending
[Top]
Marketplace merchants may vend on the public rightofway for up to
ten days per year, using a total of not more than 320 square feet during
the course of the year. Sidewalk Sale Days are not counted against the
total. A permit is required. To receive a permit, a merchant must inform
the Marketplace office of the intent to peddle on a particular day or
days and submit a certificate of insurance prior to receiving a permit.
There is no charge for the permit, which allows the merchant to set
up within the Merchant's storefront, outside the canopy line and six
feet from the center of the street.
In the South block of the Marketplace no permit is required but insurance
must be on file at the Marketplace office. Contact the Marketplace office
for details.
23. Obstruction Of The Sidewalk
[Top]
Obstruction of the sidewalk or roadway for construction or repair
is allowed by permit for a fee of $5.00 per week or portion thereof.
Permits may only be denied if the activity will conflict with a previously
scheduled Marketplace event.
To receive a permit, call the Marketplace office with the anticipated
date(s) of the obstruction. The office will prepare an appropriate permit,
which will be issued upon payment of the relevant fee and the submission
of an appropriate certificate of insurance. (Burlington Code of Ordinances,
Section 2731).
24. Office Hours
[Top]
The Marketplace office is located in The Old Firehouse at 135 Church
Street,
Immediately north of City Hall. The phone number is 8631648. Fax is
8657252.
The office is open Monday through Friday, 12 noon to 4 p.m. Church
Street Marketplace Maintenance Staff are on duty 7 days a week.
Please call for an appointment with a particular staff person or email
our office via: <mktplace@together.net>
25. Parking
[Top]
From College to Main Street, parking is allowed on the west side of
the street from 5 P.M. to 11 A.M. at all times of the year except during
the winter overnight parking ban and during special events.
ShortTerm
Parking for Construction/Renovation
Permits for up to five consecutive business days are issued by the
Marketplace office at $5.00 per day to facilitate parking for special
property needs (such as construction or occasional maintenance) for
up to three vehicles per address (Traffic Commission resolution, 5/3/82.
Burlington Code of Ordinance, Section 2068). These nontransferable
permits are for vehicles required at the site and stipulate the parking
location (either a specific location in the Main to College Street
block or loading zones at a specific intersection) and must be used
at the specified location. They also stipulate the vehicle model and
year. Occasionally a permit bearer may still receive a parking ticket.
In that event, the ticket recipient must take the ticket and parking
permit immediately to the City Attorney's office (on the ground floor
of City Hall) for voiding.
Permits
for a Noncommercial Vehicle in Loading Zones
Anyone needing a permit for a noncommercial vehicle to enable that
person to park in designated loading zones for the purpose of making
deliveries to Marketplace businesses or property owners may receive
such a permit from the Burlington Parking Enforcement office at the
Police Department (Traffic Commission resolution, 2/3/93. Burlington
Code of Ordinances, Section 2054.1.
Customer
Parking
Marketplace Merchants may obtain a book of Loading Zone Parking permits
from the Marketplace office for their customers. There is currently
no charge for these permits. These Loading Zone Parking permits issued
by a merchant to their customer allow 15 minute parking in a loading
zone to pickup merchandise purchased from the merchant.
26. Persons or Organizations
Wishing to Set up a Booth for a Noncommercial Purpose
[Top]
Persons or Organizations failing into this category may be assigned
a Marketplace vending space, when available, at $2.00 per day. Such
persons or organizations may receive no more than four permits per calendar
quarter (Marketplace Commission rulesmaking, renewed annually; also
Burlington Code of Ordinances, Section 219).
27. Political Candidates
[Top]
Candidates or their organizations may set up a table for not more
than ten days per election at no charge. The Commission allows no more
than five candidates per day (Commission resolution, 8/27/82).
28. PermitsOther
[Top]
Permits to leaflet, parade, etc. cannot be denied unless they conflict
with a previously scheduled Marketplace event (First Amendment of the
U.S. Constitution, Burlington Code of Ordinances, Section 275; Commission
resolution, 8/27/82). To receive such a permit (called a "Permission
to Use Slip"), the applicant needs merely to inform the Marketplace
office of the proposed activity. The permit is issued to the applicant
with copies sent to the Police Department and to Marketplace maintenance
staff.
29. Police,
Security [Top]
The responsibility for policing the Marketplace remains with the Burlington
Police Department (6582700).
30. Pedestrian Right Of Way
[Top]
The Pedestrian rightofway is the space nine feet out from all building
fronts on Church
Street. This includes the area underneath all the glass canopies and
continues where no canopies exist to form a straight line from Pearl
Street South to Main Street on all four blocks of the Marketplace (does
not include the intersections of Cherry, Bank, or College treets). O
PERSON SHALL SIT, LIE DOWN OR OTHERWISE BLOCK IN ANY WAY THE REE FLOW
OF PEDESTRIAN TRAFFIC WITHIN THIS DESIGNATED PEDESTRIAN WAY. IT SHALL
ALSO BE PROHIBITED TO PLACE ANY ENCUMBRANCE IN THE PEDESTRIAN WAY INCLUDING,
BUT NOT LIMITED TO, SANDWICH BOARD SIGNS OR OTHER TYPES OF ADVERTISING.
31. Rollerskating/Rollerblading
[Top]
Also see "Skateboarding." Rollerblading, rollerskating,
skateboarding and bicycling are all prohibited on the Marketplace. Violations
result in $50 fines. (Burlington Code of Ordinances, Section 2718).
(December 14, 1987, Commission resolution).
32. Sidewalk Cafe
[Top]
With the assistance of the License Committee (see "Committees,"
above), the Commission enters license agreements with abutting restaurant
owners for the operation of "sidewalk cafes." The restaurateurs
pay annual fees (predicated on rates for each month allowed under the
license) to the Marketplace. Each enters an agreement with the Commission
which speaks to such items as liability, payment schedules, fees, insurance,
and the like (Commission resolutions, 2/25/82, 3/25/83).
33. Signs
[Top]
OnCanopy
Abutting merchants may place a sign on the Marketplace canopy after
receiving a zoning permit, receiving approval for the sign from the
Marketplace Commission, and entering a license agreement with the
Commission which, in addition to other provisions, calls for the submission
and maintenance of an appropriate certificate of insurance. The license
agreement lapses after two years, unless renewed. (Burlington Code
of Ordinances, Appendix A Zoning, Section 247.)
Parallel
to Facade
Abutting merchants may place a sign on or parallel to the facade
after receiving a zoning permit (Burlington Code of Ordinance, Appendix
A Zoning, Section 247).
Perpendicular
to Facade
Abutting merchants may place a sign perpendicular to the facade of
the building after receiving a zoning permit. The zoning permit may
only be issued after receipt of written approval of the sign by the
Marketplace Commission by the Planning and Zoning Department (Burlington
Code of Ordinances, Appendix A Zoning, Section 247).
Sandwich
Board
Marketplace merchants may utilize a sandwich board sign in front
of their business (unless they have either an oncanopy sign or a perpendicular
sign, see above), upon approval of the Marketplace Commission. Prior
to placing the sign on the Marketplace, the merchant must enter a
license agreement with the Marketplace Commission which, in addition
to other provisions, calls for the submission and maintenance of an
appropriate certificate of insurance. The license agreement lapses
after one year, unless renewed. (Burlington Code of Ordinances, Section
215; Commission resolution, 12/10/82.)
In the College to Main Street block of the Marketplace a merchant
can use both an oncanopy sign and a sandwich board sign by entering
a license agreement (Commission resolutions; 1/26/94). This is the
only block of the Marketplace to have this option.
The signs, may be no higher than four feet (measured from the pavement
to the top of the sign) nor wider than three feet at their widest
point, and no larger than a total eight square feet.
Walking
Sandwich Board Signs
Persons may receive a permit to wear a walking sandwich board sign
which measures no larger than six square feet on either face and which
hangs no lower than the knees of the person wearing the sign, on application
to the Commission (Burlington Code of Ordinances, Section 215). A
fee of $30.00 per month or part thereof may be charged for such signs
(Commission resolution, 6/14/84).
Application
to the Commission
Oncanopy and sandwich board signs require submission of a letter
and drawing showing the sign, including. all colors and types of materials,
as well as its precise placement. These items will constitute the
application, which will be acted upon at the next regular meeting
of the Commission following application.
Skateboarding, Bicycling, Rollerblading
Skateboarding, rollerblading and bicycling are all prohibited (Burlington
Code of Ordinances, Section 2718). (December 14, 1987, Commission
resolution)
34. Street Entertainers
[Top]
Street musicians and entertainers, except those entertaining for hire
by the Commission or as part of a Marketplacesponsored or cosponsored
event, must pay a fee and be licensed (Burlington Code of Ordinances,
Section 44), and meet certain Marketplace rules and regulations (Commission
resolution, 7/12/83). These licenses may be obtained at the Marketplace
office.
35. Vendors/Vending
[Top]
With the assistance of the License Committee (see "Committees,"
above), the Marketplace issues commercial permits for Marketplace Street
Vendors, Marketplace Street Artisans( handcrafted items), and Marketplace
Street Artists (those who produce art items for immediate sale, such
as charcoal artists) on an annual or daily basis. Specific information
on rules, regulations, and fees is available from the Marketplace office.
Authority for the administration of the vending program comes primarily
from Section 23-15 of the Burlington Code of Ordinances and from annual
rules making by the Commission. The fees are set annually by the City
Council on or before June 30 for the ensuing fiscal year on recommendation
of the Commission.
OTHER QUESTIONS??
Call us at the Marketplace office 863-1648.