Food Vendor Application: Beats and Eats

Beats and Eats offers the exclusive opportunity to feature your mobile/pop-up food service at one or more editions of this weekly Monday-night series, now returning for its second year. Every Monday, July through September, a rotating lineup of DJ's will perform in Clinton Market Collective from 5:00 PM to 8:00 PM, and guests of all ages and backgrounds are invited to grab a bite to eat, dance, play lawn games, and socialize.

Exclusive rights: For each event, a maximum of one hot food vendor and up to two dessert or baked goods vendors will be selected, so hot food vendors will not experience direct competition.

Low-cost: This is a low-cost, low-barrier opportunity for new vendors to gain experience with a casual audience of 50-150 guests per night.

Equipment Requirements

• One or more pop-up tent(s) or another form of overhead covering, secured with weights (not stakes) is required, if not using a truck or trailer. This is necessary for compliance with DOH regulations, as well as protection from the elements.
• Table and table coverings to display your products (does not apply to food trucks). Vertical displays such as gridwalls and clothing racks are also permitted as long as they are secured and remain within the bounds of your booth.
• Signage showing, at a minimum, the name of your business. Items for sale should be clearly marked with prices and descriptions.
• Generator or electric power drop if using electricity (no electricity will be provided.) Noise from generator may not exceed 90-db at a distance of 4 ft from the generator.
• Waste receptacle(s). At a minimum, a garbage can is required to carry out any trash you produce – do NOT use on-site receptacles, these are intended solely for public use. We encourage recycling and composting whenever possible.

Load-in/Setup

4:00 PM | LOAD-IN

4:15 PM | SETUP

5:00 PM | EVENT START

8:00 PM | EVENT END & LOAD-OUT

Vendors are directed to arrive at or before the specified load-in time to ensure ample time to load-in, park, and setup your service station in a safe and orderly manner. Complimentary parking for all vendors will be provided in a nearby ParkAlbany garage.

Cleanup Policy

All booth areas and displays must be kept neat and clean. Vendors are responsible for clean-up at the end of the event by removing all equipment, supplies & trash, and leaving the public space in the same or better condition as initially presented. Vendors will be responsible for disposing of their own trash and must bring their own waste receptacles and trash bags. The public should be directed to use the event trash containers located throughout the footprint.

Rules & Regulations

1. Vendors will conduct business in accordance with all laws and the highest standards of business ethics. Additionally, Vendors shall obey fire regulations and County, State and other applicable laws.
2. Please note that any Vendor’s non-adherence to any of the event rules may be considered a reasonable cause to reject that Vendor’s application to future events. Final determinations regarding Vendor acceptance will be ruled by the Downtown Albany BID’s Executive Committee. The success of this event is dependent upon reliable participation from all vendors, and therefore the BID will not condone unprofessional or unreliable business practices.
3. The Downtown Albany BID will provide written notice to all vendors of the start and end time for load-in, prior to the event. Vendors must arrive, load-in, and remove their vehicles from the footprint within this timeframe. Vendors who fail to arrive within the designated timeframe will not be permitted to drive their vehicles within the footprint. The Downtown Albany BID retains the right to assign Vendor a new location or revoke a Vendor’s permission to participate in the event if the Vendor fails to arrive within the given timeframe.
4. Vendors are responsible for supplying their own water, electricity, tent(s) or overhead covering(s), tent weights, tables, chairs, and any other equipment, materials, and staff necessary for operating their booth smoothly, safely, efficiently, and lawfully, unless otherwise specifically agreed to in writing by the Downtown Albany BID.
5. Vendors must make their own arrangements for transport of their products, equipment, etc. to and from their booth areas.
6. Vendors must have personnel present and in their booths at all times during the official operating hours of the event: 5:00 PM-7:00 PM
7. Only one business or organization may operate in each space, sharing of booth space with other businesses or organizations is prohibited. Booth/tent space may not be reassigned or sublet. Vendors may not distribute, display, or sell products, literature, or other items from any business or organization other than the one specifically contracted with the Downtown Albany BID.
8. Vendors may not operate outside the boundaries of their assigned spaces, which are defined in this vendor application. Placement of vendors will be determined solely by the Downtown Albany BID.
9. The Downtown Albany BID reserves the right to change the location, date, or hours of the scheduled event, postpone the event, or cancel the event entirely at any time and without prior notice to the Vendor. The Downtown Albany BID will make reasonable efforts to notify Vendors in advance of any changes, postponements, or cancellations. Forecasted rain or other inclement weather does not automatically result in cancellation. The Downtown Albany BID will make all final determinations regarding weather-related cancellations, postponements, or relocations and will send Vendors an official cancellation notice if the event is canceled.
10. Vendors may not open or close earlier or later than the official operating hours, without express permission of the Downtown Albany BID.
11. Vendors must maintain a neat and clean area, also provide refuse bags to condense and secure all waste produced by the booth. Vendors are directed to keep boxes and cartons out of sight.
12. Vendors may not hawk, peddle, sell, or advertise outside the assigned area.
13. Vendors may not distribute literature or other items to passers-by while standing outside of the assigned area. Materials may only be displayed on vendor tables.
14. Music, demonstrations, or other booth activities should not interfere with neighboring booths or the overall event experience. Downtown Albany BID staff will determine whether an activity needs to be adjusted or halted.
15. Vendors must return the areas to their pre-event condition (if repair and cleaning costs are incurred and Downtown Albany BID determines Vendor is responsible, the Vendor will be billed for the cost of the repair.) The Vendor must comply with the September 1, 1992 New York State Source Separation Law when vending in the City of Albany (separate all waste for proper recycling and disposal). Composting whenever possible is also encouraged.
16. Vendors must comply with the event’s parking regulations. Off-site parking may be provided for trucks that tow food trailers; please contact the BID staff if parking is needed.
17. Vehicles (cars, trucks, trailers, etc.) of any type may not be driven on the sidewalks or parked on or near Vendor’s assigned location during the event, except when specifically directed to do so by Downtown Albany BID staff, authorized event personnel, or law enforcement.
18. At the end of the event, all vendors must promptly break down their booths and prepare to load out. For the safety of all guests, vendors, and event personnel, vendors will not be permitted to drive their vehicles within the footprint until verbally instructed to do so by the Downtown Albany BID, following the event. Vendors are expected to follow all instructions given by Downtown Albany BID event personnel and/or law enforcement officers.
19. Downtown Albany BID may, for marketing and publicity purposes, or any other legitimate purpose, use any photographs and information received or obtained, prior to or during the event. Vendor’s staff, products, and displays may appear in such photos.
20. Vendors may not bring animals or pets into the event, including booth spaces, except for ADA-defined service animals.
21. Vendors must operate their business in a professional manner. At the discretion of the Downtown Albany BID, any Vendors, or any agents or employees of Vendors who do not conduct themselves in a professional manner and according to the policies contained herein may be removed from the event. The Downtown Albany BID and any authorized event personnel reserve the right to remove any objectionable merchandise from any booth.
22. Vendors that are using a gas generator or any other motor must soundproof that device so as not to exceed a 90-decibel sound rating from a distance of 4 feet from the generator unit. In the case the generator exceeds the allowable decibel level, or it is determined by the BID that it is negatively affecting the atmosphere of the event and safety of the attendees, the vendor may be directed to relocate or turn off the generator.
23. Vendors that are cooking and/or vending food products (other than using deep-fryers) shall at all times have a 10 lb. minimum, commercial grade, ABC-type fire extinguisher within the permitted exhibition space. Vendors that are using deep fryers shall at all times have a 6-liter, K-type fire extinguisher within their assigned booth space. Vendors shall allow the Albany Fire Department to inspect said fire extinguisher, as well as the assigned booth space. Downtown Albany BID maintains the right to close any booth not in compliance with the above policy.
24. In keeping with Albany’s “Going Green” initiative, the City prohibits the use of polystyrene foam containers, cups or bowls. Vendors will be prohibited from the use of polystyrene foam containers, cups, or bowls. Also known as “Styrofoam”, these items are usually marked with a triangular symbol showing the number 6 and the letters "PS".  Any vendor found using the above-mentioned products marked with this symbol will receive a warning. A second offense will be immediate termination of contract and removal from event without a refund of deposit fee. Moreover, no products shall be sold in glass containers.

Certificates, Licenses, and Insurance

1. Vendors are solely responsible for collecting and paying all New York State sales taxes during the event and shall properly display their New York State Sales Tax Certificate at their booth.
2. Vendors are responsible for operating within local, state, and federal guidelines and laws, including maintaining and displaying permits and licenses as required by the Albany County Department of Health and/or other applicable regulatory institutions. All approved Food Vendors must apply for, obtain, and display their own Temporary Food Service Establishment (TFSE) or Mobile Food Vendor permit(s).
3. To demonstrate compliance with NYS Law, Vendors are required to provide a certificate proof of Worker’s Compensation (C105.2) and Disability (DB-120.1) insurance, or a Certificate of Attestation of Exemption (CE-200) attached to the application.
4. Food vendors must procure and maintain Commercial General Liability insurance coverage with limits of $1,000,000 for each occurrence. As an attachment to the application, food vendors must submit a certificate proof of Commercial General Liability insurance, stating the name of the event, Beats and Eats, the date(s), and name the following parties as additional insured on a primary and non-contributory basis:

Capitalize Albany Corporation
21 Lodge Street, Floor 1
Albany, NY 12207

Downtown Albany BID
21 Lodge Street, Floor 1
Albany, NY 12207

City of Albany
24 Eagle Street
Albany, NY 12207

1. Vendor is solely liable for equipment (installation, operation, and tear down), and any other personal property at the event. Vendor must show evidence that he or she has insurance coverage for said items to cover loss due to vandalism, theft, or any other casualty. Any losses due to fire, theft, damage, or injury are the sole responsibility of the Vendor. It is specifically agreed that Downtown Albany BID shall be held harmless for any claim of theft, vandalism, casualty, or loss.
2. The Vendor shall defend, indemnify, and save harmless the Downtown Albany BID, Capitalize Albany Corporation, the City of Albany, Albany County, and their employees and agents, from and against all claims, damages, losses and expenses (including, without limitation, reasonable attorney's fees) arising out of, or in consequence of, any negligent or intentional act or omission of the Vendor and/or the Vendor’s employees or agents, to the extent of the responsibility of the Vendor and/or the Vendor’s employees or agents for such claims, damages, losses, and expenses.