Ala. Admin. Code r. 80-8-4-.05
Current through Register Vol. 43, No. 1, October 31, 2024
Section 80-8-4-.05 - Prohibitions(1) The use of profane or abusive language on the market premises is prohibited and is punishable by expulsion from the market, and/or criminal action.(2) Along with any other legal action available to him, the market manager shall also have authority to order from the market any person gambling or under the influence of intoxicants or disorderly in conduct.(3) No person shall make any public outcry, do hawking or give any musical or other entertainment for the purpose of drawing customers or attracting attention, or shoot fireworks or display firearms at any time.(4) The use of the market and its facilities for a sleeping establishment or homesteading is prohibited and persons found homesteading on the market will be expelled.(5) Any renter or user of space on the market must keep his immediate premises reasonably clean, sanitary, and orderly. Persistent failure to carry out the market manager's orders in this respect shall constitute just and sufficient cause for the revocation of the renter's or user's permit.(6) No buyer, vendor, renter or user or other person shall abandon produce, vehicles or other articles on the market. If such is done, the manager may have such item(s) removed from the market at owner's expense or the manager may donate to a person who will dispose of such items or articles.(7) All vehicles must enter and leave the market area through entrances and exits so marked.(8) Every person operating a vehicle on the property of the market shall drive such vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or do physical harm to any person. All parking signs, speed limit signs and other posted signs shall be observed. Violators may be expelled from the market.(9) All market lessees, renters or users are required to use all possible care in the operation of mechanical equipment used on the market property.(10) The parking of automobiles and other vehicles of market renters and lessees and their employees shall be confined to spaces designated by the manager. Such automobiles shall not be parked on the market pavement where they will obstruct traffic or take up space necessary for the orderly operation of the market business. Vehicles shall not be parked in areas that would be detrimental to grass or landscape arrangements.(11) No person shall sell produce which is unsound or unwholesome or which fails to meet the standards or requirements of federal, state, or local laws and regulations. All Alabama regulatory laws applying to weights, measures, marking of containers, sanitation or other legal requirements will be obeyed by all market tenants. In no case will produce be offered for sale that contains a total of more than 10 per cent decay, shriveling and/or other blemishes. The market manager may make or cause to be made any inspection or inspections of produce which may be necessary and may prohibit the sale of any produce which does not conform to legal and stated market standards.(12) No buyer or seller on the market shall enter into any price agreement or join any organization for the purpose of raising, lowering, or fixing abnormal or artificial prices of products on the market, or for the purpose of keeping products off the market, and no person shall assist others in any way to accomplish this purpose.(13) Fraudulent, dishonest, and deceptive practices carried on at the market are prohibited and may be punishable as provided by law.14) No vendor shall do any act or use any language which insults or tends to insult another vendor or shopper or to intimidate a shopper into purchasing the produce which is his.(15) Persons who make or circulate false reports tending to upset or destroy the operations of the market or that may cause upset or damage to vendors in loss in prices shall be subject to expulsion from the market.(16) The market manager and all other employees of the market shall not engage in the business of buying or selling of any produce on the market, and shall not receive any tips or gratuities from any buyer or seller on the market.(17) Vendors on the market shall not approach a buyer for the purpose of making a sale while said buyer is in conversation with another vendor.(18) The piling and display of produce in the retail building shall be confined to the space leased to the tenant.(19) The manager may require that all produce sorted out as culls or otherwise considered of no commercial value shall be placed in containers and destroyed or removed from the market premises. The disposition of such products shall be the responsibility of the person or firm in whose possession the produce may be.(20) Children under 16 years of age shall not roam or wander about around the market unless accompanied by an adult who shall be responsible for the conduct of such minor. Wholesalers, retailers, truckers, farmers and buyers who bring children under 16 years of age to the market with them or allow them to visit with them shall be responsible for carrying out this provision. The riding of bicycles or other similar devices on the market by anyone is strictly forbidden.(21) Tenants are not permitted to keep animals on the market.(22) Salamander heaters are prohibited on the market.(23) No lessee or renter shall use any false pack. As used herein, false pack means the topping or facing of containers with the best products exposed and poor products concealed underneath.(24) Holding space by use of parked vehicles, or small amount of produce, etc., is prohibited.(25) There shall be no preparation of food or drink on the market premises, with the exception of approved restaurant facilities.(26) All produce sold at the market, with the exception of produce sales at the retail building, or any seed and feed retail establishment, shall be sold by the container and not by the pound. This prohibition shall not apply to corn, melons, or any other type produce sold by the bunch or count. Nor shall it apply to produce sold by bulk or load. If the container in which the produce is sold is represented to be a bushel or fraction thereof, then the provisions of Rule 80-13-3-.03, Ala. Admin. Code, must be met.(27) With the exception of sales at the retail and wholesale buildings, produce shall not be completely unloaded from the truck or other conveyance prior to its sale. Reasonable display samples, to be determined by the market manager, may be unloaded and displayed prior to sale.(28) No sign, whose main purpose is to advertise the price of produce, shall be displayed on the market whose length exceed 12 inches or whose height exceeds 12 inches.(29) No produce being offered for sale on the market shall be left unattended.(30) The willful violation of any of the above prohibitions, along with any other remedies available under the law may result in expulsion from the market of the violator. The market manager shall have the discretion as to when the violator shall be allowed to return to the market. Author: Charles H. Barnes
Ala. Admin. Code r. 80-8-4-.05
Filed March 13, 1986. Amended: Filed November 30, 1990.Statutory Authority:Code of Ala. 1975, § 2-3-23.