TEMPORARY VS. PERMANENT EVENTS

Section 5.13 of Policies and Procedures outlines the rules for “temporary events.” When deciding whether Section 5.13 applies to a particular situation, the determination often comes down to whether the event/booth is “temporary” and therefore under Section 5.13, or whether the event/booth is “permanent” and therefore Section 5.13 does not apply.

Many factors are used in determining whether a booth is temporary or permanent, such as the following:

  • Is the event/booth open year around?  
  • Is the event open only on the weekends?   
  • Is the merchandise left in the booth all the time?

For example, if a flea market is open for business all the time (5 to 7 days a week), and the product stays in the booth all the time (even when the booth is closed), and the booth is open for regular business during the week (like a store or kiosk in the mall), it would be considered a permanent business and not a temporary event/booth and it would not be subject to Section 5.13.  However, if the booth space (shed, tent, or other structure) is empty of all merchandise, closed all week, and just open on the weekend for an event, that booth is temporary. The EVENT is temporary, even if the temporary EVENT is recurring. All temporary EVENTS are governed by Section 5.13. For example, a state or county fair may be open for a week or more, but it is considered temporary since it only occurs once a year.   

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