4:10pm III. Programs and Marketing Directors Report A. Programs & Promotions Update Kelly Lindsay

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1 Market Programs - Meeting Agenda Date: Thursday March 14 th, 2013 Time: 4:00 p.m. 6:00 p.m. Location: Elliott Bay Room (Top of the Economy Building) Committee Members: Bruce Burger (Chair), Ann Magnano (Vice-Chair), Betty Halfon, John Finke, Jackson Schmidt, and Gloria Skouge 4:00pm I. Administrative: A. Approval of Agenda B. Approval of the Market Programs February 13 th, 2013 Meeting Minutes Chair 4:05pm II. Announcements and/or Community Comments 4:10pm III. Programs and Marketing Directors Report A. Programs & Promotions Update Kelly Lindsay 4:20pm IV. Presentations and Discussion A Daystall Rules Review - Presentation of Recommendations B. Trademark Usage Guidelines Revision C Strategic Plan: Farmland Preservation and Access Opportunities David Dickinson Kelly Lindsay Kelly Lindsay 5:30pm V. Action Items A. Action Item: Proposed Resolution 13-21: Adoption of Daystall Rules and Regulations Kelly Lindsay 5:40pm VI. Resolution(s) to be Added to Consent Agenda Chair 5:45pm VII. Concerns of Committee Members 5:50pm VIII. Public Comment 6:00pm IX. Adjournment Chair Market Programs Page 1

2 Pike Place Market Preservation and Development Authority (PDA) MARKET PROGRAMS COMMITTEE Meeting Minutes Wednesday, February 13 th, :00 p.m. to 6:00 p.m. Elliott Bay Room Committee Members Present: Bruce Burger, Gloria Skouge, Ann Magnano, Betty Halfon, Jackson Schmidt Other Council Members Present: David Ghoddousi Staff Present: Ben Franz-Knight, Kelly Lindsay, Teri Wheeler, Scott Davies, Emily Crawford, Zack Cook, Sue Gilbert - Mooers, Tamra Nisly, David Dickinson, Lillian Hochstein, Carey devictoria, Suzanne Spencer, Dianna Goodsell Others Present: Ernie Sherman, Kristin Wilson, Wendy Norrell, John Monko The meeting was called to order at 4:01p.m. by Bruce Burger, Chair. I. Administration A. Approval of the Agenda The agenda was approved by Acclamation B. Approval of the January 10 th, 2013 Meeting Minutes. The minutes were approved by Acclamation II. Announcements and Community Comments None III. Marketing Directors Report A. Programs and Promotions Update Kelly Lindsay presented the Marketing Director s Report. She stated that we have just started a new year of metrics tracking. She reviewed the metrics and what the Marketing Department is tracking. She noted that they have received two trademark applications in the month of January. She also noted that there was in increase in the Farmer and attendance in January. She reported the outcome of the Seattle Wedding Show, noting that there were over one hundred leads from the website and from the attendees at the event. She lastly noted that a 4 th iteration of Arcade Lights would be held on Friday April 19 th, 20123; tickets sales would start at the beginning of March. IV. Presentations and Discussion A Daystall Rules Review - Draft of Proposed Rule Changes Market Programs Page 2

3 David Dickinson distributed the 2013 Daystall Proposed Rule Changes. He briefly reviewed each of the Daystall Rules Proposals along with preliminary staff recommendations for each of the proposals. A copy of the 2013 Daystall Rules Review materials was included with the minutes. There was a brief discussion that followed. B. Trademark Policy Review Kelly Lindsay reviewed the Pike Place Market PDA Trademark Policy. She distributed a handout regarding the Trademark Licensing Review. A copy of the Trademark Licensing Review document was included with the minutes. A summary of the document included: Current Federal Trademarks and Categories, Licensing Guidelines, Fees by Category, Current Licensing Agreements, Recommendations for Additional Registration and Recommendations for Trademark Enforcement Process. Kelly discussed the additional registrations with our attorney and noted that she has narrowed the additional registrations for two filings in five categories. She added that the cost for all registrations and legal fees for each of the five categories would be $12,500; this would come out of other PDA funds which had not been budgeted for There was a discussion that followed Jackson Schmidt noted that we have very elaborate guidelines for trademark policies. He would like staff to look at the current guidelines and keep them consistent with the craftspeople guidelines and standards. He would like to see a policy that institutes the integrity of the market. Ernie Sherman commented that when the Trademark Licensing was started it was not intended to generate income but to protect and preserve the integrity of the Market. Ben Franz-Knight noted that next month we would come back with additional guidance on the current Trademark Policy and possibly bring forward a resolution. V. Action Items A. Action Item: Proposed Resolution 12-84: Authorization for Non-Exclusive Trademark Licensing Agreement with Paisley and Parsley Designs The resolution states that the Paisley and Parsley Designs, a home-based business located in Vancouver, WA, desires to make use of the Pike Place Market design mark (Public Market Center sign as depicted on the PDA trademark license application) and the name Pike Place Market in connection with 4x4 travertine coasters and 6x6 travertine trivets that they have sold to five gift shops and offer for sale on their website; and, PPMPDA and Paisley and Parsley Designs have agreed that in accordance with the terms and conditions of this Agreement, Paisley and Parsley Designs may use the Pike Place Market design mark and name in the production and promotion of coasters and trivets that are made-on-demand when ordered (made by Portland Vital Signs located in Portland, OR) and sold on a wholesale basis ($3.50 per coaster and $7.00 per trivet) to gift shops and at a higher retail price ($7 per coaster and $14 per trivet) on the Paisley and Parsley Designs website; and, Parsley and Paisley Designs agrees that they will not during the term of this Agreement, or thereafter, challenge the title or ownership of the PDA to the name or trademark or challenge the validity of this Agreement; and, Paisley and Parsley Designs agrees that they will use the terms and images related to Pike Place Market and the licensed name and trademark in a way that will reflect positively on the Pike Place Market. The PDA has the right to approve or disapprove of any potential design or marketing plans involving the marks, likenesses or trademarked name(s) owned by the Pike Place Market PDA in relation to their coasters and trivets and all related marketing of such; and, Paisley and Parsley agrees to pay the PDA a start-up fee of $250 and a royalty rate of 10% of gross sales for all licensed items sold during the duration of a two-year licensing agreement, and agrees to pay 10% of gross sales on infringing items sold before the agreement becomes valid. The start-up fee will be due upon signing of the Trademark Agreement. Quarterly reporting and payment will be due throughout the term of the licensing agreement, with dates specified in the agreement. 85 Pike Street, Room 500 Seattle, WA (206) Market Programs Page 3

4 NOW, THEREFORE, BE IT RESOLVED that the PDA Council authorizes the Executive Director or his representative to execute a non-exclusive trademark licensing agreement with Paisley and Parsley Designs for the use of Pike Place Market trademarks in the production and promotion of coasters and trivets that feature the Market clock. Betty Halfon moved, Gloria Skouge seconded There was a brief discussion that followed. Jackson Schmidt noted he would be more comfortable tabling the resolution until the current trademark guidelines are reviewed further; he would like to see change in the current trademark guidelines. Jackson Schmidt motioned to table Proposed Resolution 12-84, Ann Magnano seconded his motion. For: Ann Magnano, Gloria Skouge, Jackson Schmidt, Betty Halfon Against: 0 Abstain: Bruce Burger Resolution was tabled until next month. B. Action Item: Proposed Resolution 12-93: Authorization for Non-Exclusive Trademark Licensing Agreement with Kim Drew The resolution states that Kim Drew desires to make use of the Pike Place Market name and clock image in connection with a Pike Place Market Collection of his original artwork on mugs (11 and 14 ounce), canvas tote bags, large trivets with rope, acrylic keychains, magnets, ornaments, playing cards, shot glasses, and square coasters (all featuring Kim Drew s Market Brellas image; acrylic magnets to feature five additional images) for a 2 year term to begin January 1, 2013; and, PPMPDA and Kim Drew have agreed that in accordance with the terms and conditions of this Agreement, Kim Drew may use the Pike Place Market name and design mark in the production and promotion of these products featuring his original artwork; and, Kim Drew agrees that he will not during the 2 year term of this Agreement, or thereafter, challenge the title or ownership of the PDA to the name or trademark or challenge the validity of this Agreement; and, Kim Drew agrees that he will use the terms and images related to Pike Place Market and the licensed name and trademark in a way that will reflect positively on the Pike Place Market. The PDA has the right to approve or disapprove of any potential design or marketing plans involving the marks, likenesses or trademarked name(s) owned by the PDA in relation to these products; and, Kim Drew agrees to pay the PDA a start up fee of $250 and a royalty rate of 8% of gross sales for all licensed items sold. The start-up fee will be due upon signing of the Trademark Agreement. Semi-annual sales reporting and royalty fee payment will be due, with dates specified in the agreement. NOW, THEREFORE, BE IT RESOLVED that the PDA Council authorizes the Executive Director or his representative to execute a non-exclusive trademark licensing agreement with Kim Drew for the use of the Pike Place Market name and trademarks for a Pike Place Market Collection of products outlined above (mugs, canvas tote bags, large trivets with rope, acrylic keychains, magnets, ornaments, playing cards, shot glasses, and square coasters) with images of his original artwork. Betty Halfon moved, Gloria Skouge seconded There was a brief discussion that followed. Jackson Schmidt noted he would be more comfortable tabling the resolution until the current trademark guidelines are reviewed further; he would like to see change in the current trademark guidelines. Jackson Schmidt motioned to table Proposed Resolution 12-93, Ann Magnano seconded his motion. For: Ann Magnano, Gloria Skouge, Jackson Schmidt, Betty Halfon Against: 0 85 Pike Street, Room 500 Seattle, WA (206) Market Programs Page 4

5 Abstain: Bruce Burger Resolution was tabled until next month. C. Action Item: Proposed Resolution 13-12: Approval of Strategic Goals and Programs for Farm Program Kelly Lindsay introduced the resolution which states that on October 7 th, 1907 the Seattle City Council adopted ordinance No establishing Pike Place as a public market for the sale of fresh fruits, vegetables, berries and other farm and garden products, and accept also butter, eggs, cheese, poultry, meats, lard and preserved fruit and vegetables raised, produced or manufactured by the person selling or offering the same for sale, and; on July 31 st, 1911 the City of Seattle adopted ordinance No amending ordinance No to include, among other changes, a definition of manufactured as to apply to those products the principal ingredients of which have been actually grown or produced by the person selling or offering the same for sale ; and, on October 13 th, 1922 the Seattle City Council adopted ordinance No amending ordinance No to include a definition of person to when necessary be held and construed to mean and include natural persons of either sex, association, and copartnerships, whether acting by themselves or by a servant or employee; the singular number shall include the plural and the masculine the feminine and adding combinations of products to the definition of manufactured ; and on February 14 th, 1927 the Seattle City Council adopted ordinance No amending Ordinance No to, among other things, restrict to the sale of articles to those, which have been raised, produced or manufactured in King and Kitsap County, ; and on August 6 th, 1956, the Seattle City Council adopted ordinance No an ordinance relating to the Pike Place Farmers Market; regulating the use and occupation thereof; fixing rentals for certain stalls; providing penalties for violations, and repealing Ordinance 52515; and, on July 8 th, 1957 the Seattle City Council adopted ordinance No an ordinance relating to and authorizing a lease from Pike Place Public Markets, Inc. and The Fairley Corporation to the city for farmers' market stalls in the Pike Place Public Market; and, on May 22 nd, 1967 the Seattle City Council adopted ordinance No an ordinance amending Section 12 of Ordinance to permit the sale of flowers in certain "Wet Row Stalls" at the Pike Place Farmers Market; and, on December 28 th, 1970 the Seattle City Council adopted ordinance No an ordinance authorizing amendment of an agreement with Pike Place Public Markets, Inc. and The Fairley Corporation to permit use of certain portions of the Pike Place Public Market by farmers from Washington counties west of the Cascade Range; and, the PDA is a public corporation organized pursuant to RCW , and and Seattle Municipal Code Ch and operates under a perpetual Charter as issued on June 23 rd, 1973, and amended on March 17 th, 1976, September 21 st, 1976, March 19 th, 1985, October 1 st, 1992, November 3 rd, 1993 and August 26 th, 2003; and,the PDA Charter states: the PDA, as a public trustee with the mission to ensure that the traditional character of the Public Market is preserved, is authorized to perform renewal, rehabilitation, preservation, restoration, development, and non-profit management of structures and open spaces in the above-described areas in a manner that affords a continuing opportunity for Public Market farmers, merchants, residents, shoppers, and visitors to carry on their tradition of market activities. In addition to upgrading structures and public amenities in and around the Market Historical District, the PDA will initiate programs to expand food retailing in the Market Historical District, especially the sale of local farm produce ; and, on June 23 rd, 1975 the Seattle City Council adopted ordinance No an ordinance relating to use and occupation of the Pike Place Farmers market and amending Sections 1, 2, 5, 7, 12, 13, 15 and 16 of and adding new sections designated Sections 3A and 3B to Ordinance , to designate the Chief Executive Officer of the Pike Place Market Preservation and Development Authority as the "Market Master" and to transfer and grant to said Executive Officer certain rule-making and other functions in connection with the management and operation of said Market; and, on November 24 th, 2008 the Seattle City Council adopted ordinance No an ordinance relating to the Pike Place Market, authorizing a renewal of the agreement with the Pike Place Market Preservation and Development Authority commonly known as the "Hildt-Licata Agreement," for a term of ten years. Amending an ordinance adopting the Hildt Agreement in 1983 and renewed in 1999 as the Hildt Licata Agreement ; and, NOW THERFORE, BE IT RESOLVED, 85 Pike Street, Room 500 Seattle, WA (206) Market Programs Page 5

6 that the Council has identified the Farm Program as a key strategic issue for 2013 with the goal of increasing Farmer Profitability and Farmer Participation in the Pike Place Market; and, the PDA will pursue multiple strategies in 2013 in support of Farm and Food programs including; a. Operational refinements to designated Farmer s Market days at Pike Place b. Expansion of incentive / support programs for low-income customers c. Continuation and expansion of Pike Place Market Express satellite market program d. Increased development of programs for customer attraction and education e. Investigation of opportunities for the PDA to participate in farmland access and preservation f. Development of alternative revenue streams for Pike Place Market farmers through direct sales, aggregation or wholesaling opportunities Farm program staff shall update the PDA Council annually on the status of vendor sales, attendance counts, and operational issued related to all Pike Place Market and Express-branded satellite market locations and, these programs and strategies are being developed to ensure that the Pike Place Market will continue to be a local hub for farmers and food in Seattle s urban environment and directly connect consumers with quality food in keeping with our Meet the Producer mission. The PDA Council authorizes the Executive Director or his designee to pursue the above identified goals consistent with the annual budget and work plan. Ann Magnano moved, Betty Halfon seconded There was a brief discussion that followed. David Ghoddousi motioned to amend the resolution adding a clause at the end of section e to include farm trust land. Jackson Schmidt seconded David s motion. Ann Magnano noted she did not prefer to add David Ghoddousi s amendment to the resolution. For: Gloria Skouge, Jackson Schmidt, Betty Halfon, Bruce Burger Against: Ann Magnano Abstain: 0 The motion carried. Betty Halfon noted she would like to see some sort of specific measureable way to evaluate the effectiveness of the resolution and plans set forth. There was an amendment added to the resolution to include. Add, with annual evaluation of their effectiveness - There was no objection to the amendment. For: Ann Magnano, Gloria Skouge, Jackson Schmidt, Betty Halfon, Bruce Burger Against: 0 Abstain: 0 Resolution passed unanimously VI. Items for the Consent Agenda None VII. Concerns of Committee Members None 85 Pike Street, Room 500 Seattle, WA (206) Market Programs Page 6

7 VIII. Public Comment None X. Adjournment The meeting was adjourned at 5:31 pm by Bruce Burger, Chair Meeting minutes submitted by: Dianna Goodsell, Administrative Services Coordinator 85 Pike Street, Room 500 Seattle, WA (206) Market Programs Page 7

8 2013 DAYSTALL RULES REVIEW Initial Staff Recommendations Re. Rule Change Proposals 2 nd version, 2/28/2013 updated changes highlighted in yellow 1 General Addresses conflicting rules re. suspension for nonpayment Staff supports their own proposal. 2 Farm, & Buskers Addresses smoking in the market David Contreras, sperson Staff does not support this proposal. Existing restrictions on smoking in the rules are adequate and enforceable. 3 Farm & Addresses daystall display standards Haley Land, sperson Staff does not support passage of this proposal. While Staff commends the spirit of the proposal and the efforts of its author, there is concern about the slippery slope of addressing such specific details in the rules. This proposal has generated much discussion, in the form of written comment and community meeting input, on both sides of the issues at hand. The Market Master s interest is in finding fair happy medium approaches to display issues that can be consistently enforced. As an alternate approach, staff proposes posting a current list of discretionary calls relating to general and recurring display issues. Staff has been working with the community on some of the most contentious emergent issues and feel able to enforce specifics as they are determined. 2/28/2013 UPDATE: The following lines will be added to the section of rules relating to Market Programs Page 8

9 displays: The Market Master will post a list of specific guidelines for commonly recurring, general display issues. Permit Holders may submit written requests for revisions of these guidelines for review by the Market Master. The Market Master will compile this list and present in a Daystall community meeting in Spring of Farm & Addresses display visibility issues Staff supports addition of wording to existing section referencing posting of general display discretionary calls as discussed in Prop #3 above. Such an approach would be more responsive to the unique environment of the Market Daystalls, with its variety of table configurations and its broad diversity of products needing display. 5 Farm & Proposes change in daily table rental rates Staff supports their own proposal. 6 Farm & Addresses attendance requirements Staff supports their own proposal. Market Programs Page 9

10 7 Farm & Proposes change in daily table rates on Fridays and Sundays Staff supports their own proposal. 8 Farm Updates rules pertaining to street overflow for farmers Staff supports their own proposal. 9 Farm Addresses 2 farm booths sharing an agent Staff supports their own proposal. 10 Farm Addresses production of value added farm products Staff supports their own proposal. 2/28/2013 Update: In response to community written comment and concerns, staff add the following wording to the rule change for clarification: Co packing of value added food products allowed with prior approval from the Market Master. In all case where co packing is allowed famers must supply all ingredients, use their own recipe and be onsite and actively involved in production. Market Programs Page 10

11 11 Buskers Proposes creation of new performer spot Brian Masters, Busker Staff does not support this proposal, and feel that staff Proposal #21 addresses the issue. 12 Buskers Addresses Saturday bridge performance restrictions Brian Masters, Busker Staff does not support this proposal, but instead offer a counter proposal to Proposal #13, Proposal #13 A. Please see below. 13 Buskers Addresses Saturday bridge performance restrictions Brian Masters, Busker Staff does not support this proposal, but instead offer a counter proposal, Proposal #13 A. Please see below. 13 A Buskers Addresses Saturday bridge performance restrictions The existing Saturday restrictions on the Desimone Bridge busker spot have been a source of contention between members of the busker community and members of the Daystall craft and farm community for years. Much discussion has ensued in recent years Rule Reviews, with verbal and written public comment on both sides of the issue. In general, the table vendors feel Saturday is the most significant sales day and Saturday busking would adversely affect sales, while buskers feel that Saturday is a significant day for them to Market Programs Page 11

12 perform and opportunities to perform are in high demand. Staff propose allowing performance at the Bridge spot facing East (or out ), and are exploring the option of providing awning cover at the entrance of the Bridge for people entering the Bridge and for performers using this spot. 2/28/2013 UPDATE: Staff received public comment from buskers opposing this proposal. The primary concern was that facing East from Desimone Bridge on Saturday would disrupt the busker location across the street. Staff withdraw this proposal and leave the current rules pertaining to the Desimone Bridge spot in place. Staff commit to seeking new locations for performance spots to increase options on busy Saturdays. 14 Buskers Addresses Sunday performance start time Brian Masters, Busker Staff supports this proposal. 15 Buskers Proposes screening for buskers Sarah Goldenberg, sperson Staff does not support this proposal. The permitting of performance is different than the permitting of vendors, and should not be compared. Vending is strictly limited to 2 kinds of permits (Farm and ) with longstanding qualitative guidelines about who makes the products and how the products are made. The permitting of performance is intended to provide minimal regulatory guidelines to provide basic management of where performance can take place, of impact on foot traffic flow and access to merchants, and of noise impact on neighboring merchants. 16 Buskers Addresses bridge performance restrictions Tim Robinson, sperson Staff does not support this proposal. The existing rules are adequate to manage volume issues and those who attempt to vary their volume when the Market Master approaches. Market Programs Page 12

13 17 Buskers Addresses bridge performance restrictions Tim Robinson, sperson Staff does not support this proposal. The existing rules provide the ability to deal with the issues referenced here. 18 Buskers Addresses busker permitting procedures, standards & regulations David Contreras, sperson Staff does not support this proposal. The permitting of performance is different than the permitting of screening vendors, and should not be compared. Vending is strictly limited to 2 kinds of permits (Farm and ) with longstanding qualitative guidelines about who makes the products and how the products are made. The permitting of performance is intended to provide minimal regulatory guidelines to provide basic management of where performance can take place, of impact on foot traffic flow and access to merchants, and of noise impact on neighboring merchants. 19 Buskers Addresses Saturday bridge performance restrictions Whitney Monge, Busker Staff does not support this proposal, but instead offer a counter proposal to Proposal #13, Proposal #13 A. Please see above. Market Programs Page 13

14 20 Buskers Proposes creation of new performer spot Brian Masters, Busker Staff does not support this proposal, and feel that staff Proposal #21 addresses the issue. 21 Buskers Addresses limited indoor alternative locations Staff supports their own proposal. 22 Buskers Addresses Saturday bridge performance restrictions David McKesson, Busker Staff does not support this proposal, but instead offers a counter proposal to Proposal #13, Proposal #13 A. Please see above. 23 Addresses standards for print reproduction Staff supports a modified version of their own proposal, whereby full control of print reproduction would be required but not necessarily on the premises of the producer s studio. Staff interest is in full involvement, not the aspect of ownership of the technology. Much thoughtful written comment was submitted in response to this proposal, which has informed staff s decision. Market Programs Page 14

15 24 Addresses usage of commercially available plans or patterns Staff supports their own proposal, with further clarification that patterns means a design schematic for instruction of how to make a product, and does not mean patterns such as decorative motifs. There was some initial concern about this proposal that was primarily semantic in nature. 25 Addresses rules review procedures Sharon Mukai, sperson & DTA Chair Staff does not support this proposal as it pertains to administrative procedure about Rules Review with is outside the scope of the Daystall Rules & Regulations. In spirit, staff support the practice of informing the public and making materials readily available. In recent years, materials have been posted on the Market website and notifications have been sent out via . This has been done in addition to making hard copies available, repeated Roll Call announcements, bulletin board postings and merchant newsletter notification. 26 Addresses off season points system Haley Land, sperson Staff does not presently support this proposal. While staff share concern about some issues raised in this author s rationales, staff are concerned about adversely impacting vendor presence and perceived fullness of the Daystalls by the Public. Staff commit to a thorough review of these issues, with the option of making appropriate changes by the 2014 Off Season. 2/28/2013 update: Staff have had further discussion on this proposal and the issues at hand, and have received further public comment. Staff reverses their initial recommendation and now support this proposal. Staff support elimination of the off season point system. The point system should remain in place until the current off season is finished, and the list should be reordered accordingly, as permit holders have invested time, effort and attendance in the current model. In the 2014 Off Season, the point system will not be in effect. Other current components of the Off Season list requirements will remain the same: minimum 24 days of attendance from January through April, permit holder attendance in Market Programs Page 15

16 weeks when agents are used, etc.. Rationale: Placing the burden of keeping the Market full on Mondays, Tuesdays, and Wednesdays on the newest, most vulnerable businesses is not justified. Impact on perceived critical mass of shopping options for visitors can be measured and evaluated in the 2014 Off Season. 27 Addresses vacation regulations for senior craftspeople Stuart Porteous Staff does not support this proposal. The existing rules provide an adequate and deliberate balance of perks that reward seniority and the interests of new and incubating businesses. 28 Proposes change in Sunday roll call time Sharon Mukai, sperson & DTA Chair Staff does not support this proposal. Roll Call times were adequately vetted in recent years Rule Reviews, and staff sees no justification for further adjustment at this time. 29 Proposes roll call time changes Tim Robinson Staff does not support this proposal. Roll Call times were adequately vetted in recent years Rule Reviews, and staff sees no justification for further adjustment at this time. Market Programs Page 16

17 30 Addresses off season points system Wendy Norrell, sperson Staff does not presently support this proposal. While staff share concern about some issues raised in this author s rationales, staff are concerned about adversely impacting vendor presence and perceived fullness of the Daystalls by the Public. Staff commit to a thorough review of these issues, with the option of making appropriate changes by the 2014 Off Season. 2/28/2013 update: Please see updated recommendation to Proposal #26, which raises similar concerns. 31 Addresses Saturday attendance requirements Kris Sacksteder, Staff does not support this proposal. The original intent of the rule cited here was to make a provision for permit holders who do not employ agents. The assumption was that a permit holder employing an agent can hire the agent to work 2 weekdays as easily as one. 32 Addresses production standards Laura Killoran, sperson Staff supports this proposal. 33 Addresses daystall display standards Wendy Norrell, sperson Staff does not support this proposal as a rule change. Management of display issues can be adequately addressed by current rules along with posted summaries of commonly occurring, general issues that apply to different tables and product configurations. Market Programs Page 17

18 34 Proposes move of rule to different section Staff supports their own proposal. 35 Proposes removal of duplicate rule Staff supports their own proposal. 36 Proposes removal of duplicate rule Staff supports their own proposal. 37 Addresses new photography standards and limitations Staff supports their own proposal. Market Programs Page 18

19 P I K E P L A C E M A R K E T EXHIBIT A PIKE PLACE MARKET TRADEMARK USAGE GUIDELINES DRAFT REVISION 3/11/13 Policy for using the Market s name and other forms of proprietary identification. Preservation & Development Authority (PDA) 85 Pike St. Room 500 Seattle, Washington (206) FAX: (206) A-1 Market Programs Page 19

20 INTRODUCTION The Pike Place Market (the Market ) is a nine-acre Historic District in the heart of downtown Seattle, Washington. The Market s landlord and management agency, the Pike Place Market Preservation & Development Authority ( PDA ), was established by the City of Seattle pursuant to State law and the City s public corporation enabling ordinance. The PDA is a non-profit corporation chartered to protect and preserve the structures, traditional uses, and character of the Market Historical District. To accomplish the PDA s objective, the PDA has registered its ownership of the following trademarks: Word Marks: Design Marks: THE PIKE PLACE MARKET THE PIKE PLACE PUBLIC MARKET THE PIKE PLACE FARMERS MARKET PIKE PLACE The graphic representation of the rooftop sign located at the junction of Pike Place and Pike Street. The image includes the sign s structural framework, the words PUBLIC MARKET CENTER and the clock face; as viewed from all perspectives or as depicted by other letter forms and graphic treatments: During nearly 100 years of continuous operation, the words Pike Place Market have taken on meaning in the mind of the public beyond their descriptive, geographical origin. The words signify a traditional style of retail activity distinctly associated with the Pike Place Market as characterized by the Market s high level of personal contact between individual buyers and sellers. The name also carries with it an unusually high expectation of seller accountability, expressed for many years in the Market s well-known slogan Meet The Producer. The Pike Place Market was one of the first historic districts in the nation where the traditional uses and cultural environment of the area were mandated for preservation along with its architecture. In this spirit, the PDA endeavors to preserve and protect the Market s trademarks so that Merchants of the Market can continue to enjoy the benefits of the Market s longstanding reputation. INFRINGEMENT POLICY The goal of trademark law is to eliminate consumer confusion. Trademark law could not achieve this goal simply by prohibiting marks that are identical; thus, use of similar names and marks in connection with similar goods and services is prohibited because, though not identical, similar A-2 Market Programs Page 20

21 marks are likely to deceive consumers. The PDA is committed to enforcing its right to exclusive use of Pike Place Market trademarks. In order to protect the PDA s interest, the PDA not only prohibits direct copying of the specific, registered trademarks listed above, but also the use of a number of other similar names and marks. WHO MAY USE PIKE PLACE MARKET TRADEMARK? Through many years of use, the name Pike Place Market and associated trademarks have acquired special meaning for consumers as a form of identification for the Market s unique atmosphere, which imparts real commercial value to the name. Merchants in the Market benefit from the equity built up in the name and trademarks, an equity that will be drastically diminished by the inappropriate or unauthorized use of the name and marks. For this reason, the PDA has registered with the State of Washington and the Federal Government its ownership of a number of the word marks and the design mark specifically identified with the Market. Pike Place Market merchants authorized to conduct business within the Market are entitled to use the name Pike Place Market and the PDA s trademarks in accordance with either their rental agreement or lease. All other uses of the name Pike Place Market or the PDA s trademark are expressly prohibited unless a licensing agreement has been approved by the PDA Council. Generally, licenses will not be granted to organizations or individuals outside the Market, unless they demonstrate that their use of the name or trademarks will enhance the goals of the PDA without infringing on licenses already granted. Royalty rates will be set depending on type of use and may be required in advance. GENERAL TRADEMARK USE REQUIREMENTS Merchants trademark use requirements are set forth in either their rental agreement or lease. Pursuant to these agreements, merchants are only permitted to use the name Pike Place Market and or other PDA trademarks for the limited purpose of identification and promotion of the location of the Merchant s business inside the Market. Leases and rental agreements do not entitle tenants to unrestricted use of PDA trademarks. On the contrary, merchants must obtain a license for any and all uses other than the limited use expressly permitted under their lease or rental agreement. Likewise, all individuals and organizations outside of those authorized to do business as merchants within the Market are prohibited from using the trademarks and name without first obtaining a license from the PDA Council. In all cases, the primary purpose of employing PDA trademarks is: 1. To enhance the image of the Pike Place Market as defined by the Market s Charter. 2. To cultivate shoppers and promote retail sales for Market Merchants. 3. To further public appreciation of the traditional character, purposes, and products of the Market. A-3 Market Programs Page 21

22 GENERAL CONDITIONS FOR LICENSED USE Non-exclusive licensing agreements for use of Market trademarks may be granted by the PDA under certain conditions, including: 1. The proposed licensed use is consistent with the primary purposes listed above. 2. The licensed use does not infringe upon licenses already granted, nor does it create confusion in the mind of the consumer, based on interpretation by the PDA. 3. The licensed use materially benefits and improves the Market community by producing revenues not otherwise available through normal Market resources. 4. The licensed design or product originates from an existing Market tenant, merchant or vendor. 5. The licensed product is consistent with the use permits granted by the Pike Place Market Historical Commission for merchandise sold within the Market. 6. All products using Market trademarks are manufactured in compliance with the Prohibition of Sweatshop Conditions (Exhibit B) and free of hazardous materials. Upon request, applicant will disclose the names and locations of factories, and information about wages and working conditions, for all products using Market trademarks. TIMELINE Trademark applications are first reviewed by the PDA staff to determine if they meet the minimum required guidelines. If so, the application will be presented to the Market Programs committee of the PDA Council at their next available monthly meeting. If approved at this meeting, the application is forwarded to the following PDA Council meeting for consideration. This process can easily take two months or longer, depending on agenda items already in place for the meetings. TRADEMARK LICENSE APPLICATION AND ROYALTY FEES There is no fee to apply for trademark use. If an application is approved by the PDA Council, there is a non-refundable $250 start-up fee before an agreement is drafted. The PDA will pay up to one hour for our legal costs in setting up the agreement; any addition legal expenses we incur must be paid by the applicant. Royalty fees are charged and vary depending on the use, but are typically a percentage of sales. FOR MORE INFORMATION We appreciate your interest in using the Pike Place Market s trademarks and in helping us protect our trademark rights. If you have further questions, please contact Sue Gilbert Mooers at the PDA at or sue@pikeplacemarket.org. A-4 Market Programs Page 22

23 PIKE PLACE MARKET PDA TRADEMARK LICENSE APPLICATION 1. Applicant Information Name of Applicant: Business Name: Address: City, State, ZIP: Phone Number: Address: 2. Please indicate which trademark(s) you are requesting permission to use (check all that apply): DESIGN MARKS: Note: If approved, our agreement will allow you to photograph the Market clock or use another image of it that you supply. This image must be shown in your sample (see below) for approval. The use of the PDA s logo is not included. WORD MARKS: THE PIKE PLACE MARKET THE PIKE PLACE PUBLIC MARKET THE PIKE PLACE FARMERS MARKET PIKE PLACE 3. Describe in detail how you would like to use the trademark(s). Include descriptions of proposed products and attach sample drawings to this application. Describe your marketing plan in detail, including where the proposed items will be sold, for how much, how many will be produced, who they will be made or manufactured by, and any other details. 4. Describe how this trademark request meets the general use requirements listed on page A-4 of this document: 5. Attach a sample of your item, showing in detail how you propose using the Market s trademarks. RETURN COMPLETED APPLICATION AND SAMPLES TO: Sue Gilbert Mooers Pike Place Market PDA 85 Pike Street, Room 500 Seattle, WA sue@pikeplacemarket.org A-5 Market Programs Page 23

24 PIKE PLACE MARKET PDA TRADEMARK USAGE GUIDELINES EXHIBIT B PROHIBITION OF SWEATSHOP CONDITIONS The Pike Place Market Preservation and Development Authority shall only license goods and services covered by this policy from applicants that ensure that all Production Facilities adhere to or exceed the following sweatfree code of conduct in their practices and policies regarding applicable Workers. a. Legal Requirements. Production Facilities shall comply with all applicable domestic labor, employment, health and safety, environmental, and building laws; the core conventions of the International Labor Organization, including those regarding forced and child labor, nondiscrimination, and freedom of association and collective bargaining; and other internationally recognized labor rights, including those regarding health and safety, maternity leave, hours of work, wages, and homework. b. Wages and Benefits. Production Facilities shall pay a non-poverty wage. In the United States, the non-poverty wage is the level of wages required for a full-time worker to produce an annual income equal to or greater than the United States Department of Health and Human Services most recent poverty guideline for a family of three plus an additional 20% of the wage level paid either as hourly wage, health benefits, or pension benefits. Outside the United States, a non-poverty wage is a comparable nationwide wage and benefit level, adjusted to reflect the local cost of living, sufficient to raise a family of average size out of poverty. c. Hours of Work and Overtime. Production Facilities shall not require hourly and quota-based workers to work more than 48 hours per week or the limits on regular hours allowed by the law of the country of manufacture, whichever is lower. In addition, Production Facilities shall provide at least one day off in every seven-day period, as well as holidays and vacations. Production Facilities shall ensure that all hours worked beyond the limits on working hours are voluntary, except as provided for by both national law and a bona fide collective bargaining contract. Required overtime should only be permitted when each of the following conditions exists: a) national law permits mandatory overtime; b) the facility is party to a collectively negotiated contract with a representative labor union and this contract permits mandatory overtime, and; c) mandatory overtime does not exceed the amount allowed by the collective contract. In addition to their compensation for regular hours of work, hourly and quota-based workers shall be compensated for overtime hours at such a premium rate as is legally required in the country of manufacture or, in those locations where such laws do not exist, at a rate at least one-and-one-half their regular hourly compensation rate. d. Discrimination and Women s Rights. Production Facilities shall not discriminate in employment - including in hiring, salary, benefits, advancement, discipline, termination, retirement, or any other term or condition of employment or employer practice - on the basis of gender (including pregnancy), race, religion, age, disability, sexual orientation, nationality, political opinion, or social or ethnic origin. Production Facilities shall not require pregnancy tests as a condition of employment, nor demand pregnancy tests of employees. Women workers shall receive equal remuneration, including equal pay, benefits, treatment, and opportunity to fill positions open to male workers. B-1 Market Programs Page 24

25 e. Harassment and Abuse. Production Facilities shall not harass or abuse workers sexually, psychologically, or verbally, or use corporal punishment. f. Freedom of Association. Production Facilities shall respect workers' rights to freedom of association, collective bargaining, striking or other concerted protest, and filing of grievances. B-2 Market Programs Page 25

26 Pike Place Market Preservation and Development Authority (PDA) PROPOSED RESOLUTION Adoption of Daystall Rules and Regulations MARCH 2013 WHEREAS, WHEREAS, WHEREAS, the PDA conducts an annual review of the Daystall Rules and Regulations; and the PDA solicited and received suggestions from the Daystall community regarding rule changes; and the PDA staff has held Daystall community meetings regarding the potential changes and have altered the initial proposed changes to Daystall Rules and Regulations based upon those meetings; and on March 14 th, 2013 the Market Programs Committee held an open public meeting that discussed and considered rule changes with opportunity for public comment; THEREFORE BE IT RESOLVED that the PPMPDA Council hereby approves the following 2013 changes to the Daystall Rules and Regulations as noted on Exhibit A. Gloria Skouge, Secretary-Treasurer Date Date Approved by Council: For: Opposed: Abstained: Market Programs Page 26