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FOOD & OTHER PERCENTAGE GUIDELINES

https://www.kansasstatefair.com/p/participate/commercial-vendors/commercial-vendor-info/food--other-percentage-guidelines

AUDIT OF PERCENTAGE CONCESSIONAIRES

The Fair reserves the right to audit sales of percentage concessionaires. The Kansas State Fair may use any form of audit technique it deems necessary. Such audits will not unduly harm or hinder normal sales activity.

CONCESSION APPEARANCE

The outside of concession trailers should be kept in repair and appealing to the public. Concession trailers must have professional skirting. If hitch on trailer is not removable professional skirting should obscure the hitch. Soft drink canisters, equipment, product, etc., stored outside concession must be concealed with professional looking tent/canvas screening or attractive fencing.

PERCENTAGE PAYMENTS

The Percentage Log Form for reporting daily gross sales will be supplied by the Commercial Exhibits Department. Concessionaire must report each day before 1:00 p.m. for the previous day’s gross sales. Failure to do so will result in a $35 late fee (per day). Z-Tapes need to be turned in with your daily report or no later than, Monday, September 16. Any payment due will be made at the Cashier window. The Cashier will initial, date, and return the Concessionaire’s copy of the Percentage Log Form to the Concessionaire as verification of payment. Payments may be done daily or must be paid at least once during the fair in order to make check out on the final day run smoother. Any disputes of payment will be based on whether the Cashier has initialed a Concessionaire’s form. Payments can be made in the form of cash, check or credit card (a 3% processing fee is charged using credit card).

A Concessionaire’s final percentage payment is due no later than 12:00 p.m. Monday following the Fair. If a Concessionaire has not surpassed the assigned minimum per the respective signed License Agreement, payment will be made to reach the amount identified along with the previous day’s percentage payment.

DISCREPANCIES ON PERCENTAGE PAYMENTS

Adjustments will be made immediately for any discrepancies found during the fair, whether it be in favor of the Exhibitor or the Fair. The adjustment being made will be explained to the Exhibitor. Any discrepancies found of $5 or more, when balancing receipts after the Fair, will be taken care of immediately. If in favor of the Exhibitor, a refund check of payment due will be mailed directly to the Exhibitor’s address on file. If the discrepancy is in favor of the Fair, an invoice will be sent to the Exhibitor, with payment due no later than 15 days after receipt of invoice. Discrepancies found of $5 or less will not be refunded or collected.

FOOD TICKETS

The Fair has a program established which uses $1 food tickets. All Concessionaires are required to accept these tickets. If it’s brought to the attention of the Commercial Exhibits Department that a concession is not accepting the food tickets, said concession is in jeopardy of losing their space for future Kansas State Fair. Food tickets are not to be used for the purchase of any alcoholic beverage. When a Concessionaire receives a food ticket(s) for payment, he is required to give change back up to $1.Concessionaires will be reimbursed for the meal tickets turned in at the conclusion of the Fair. Be sure all Concession employees are aware of this program. Meal tickets MUST be included in the daily gross sales on your percentage form and brought in when reporting for that day.

Concessionaires need to gather and contain their meal tickets together for each day, writing the concession name, number of tickets and date visibly on the bundle. Be sure you enter the meal tickets on your percentage form each day.

A payment voucher will be issued when you report your final Sunday’s gross sales, which will be for the total number of meal tickets you have collected during the Fair. The voucher will be taken to the Cashier window for reimbursement. Purchase of alcohol is exempt from the meal ticket program. Any concession accepting meal tickets for purchases of alcohol will not be reimbursed. Reimbursement for the meal tickets will be made by the Cashier if you have reported by noon Monday, following the Fair. Any concessionaire reporting after this time will have their reimbursement made by check. Any amount over $2,000 a check will be mailed by Friday, following the fair.

GREASE DISPOSAL

This service is free of charge and has been arranged by the Kansas State Fair. If an Exhibitor does not have a grease barrel on their exhibit space, please contact the Commercial Exhibits Department for the location of the nearest one. Grease disposal is the responsibility of each concessionaire. Grease MAY NOT be disposed of in a regular trash receptacle. A fine of $300 will be assessed to any concessionaire who does not properly dispose of grease. The Kansas State Fair staff is NOT responsible for cleaning up after any concessionaire.

Grease, liquid, or solid waste will not be dumped in the sewage or storm drainage system. A $300 fine will be levied to each concessionaire in the area of a drain clog caused by the above. If the clogged drain is in the area of more than one concessionaire, all concessionaires in that area will each be assessed a $300 fine, as there is no way of determining the perpetrator. Grease will not be disposed of in the regular trash pickup.

Grease disposal barrel/vat placement will be communicated to each concessionaire exhibit space prior to the Fair.

GREASE TRAP/HOOD CLEANING

Concessionaires operating a concession in a building owned by the Fair are required by law to have their hood/grease trap cleaned once a year. This must be completed by December 15^th and an invoice must be sent in with the company name and license number.

HOOD INSPECTIONS

Concessionaires operating a concession in a building owned by the Fair are required by law to have their hood inspected twice a year. The Fair has made arrangements to have this done by a local company in the months of February and August. Once the inspections are completed, each respective Concessionaire will be billed accordingly for the inspection and parts as applies.

INSPECTIONS

The Commercial Exhibits Department will conduct inspections of all concessions on the Fairgrounds. Inspections will be conducted after October 1 each year. If premises are not completely vacated by October 1^st, there will be a $100 per day fee added until completely vacated. Concessions to be inspected will be those remaining on the Fairgrounds, year-round, and those remaining on the grounds at the time of the inspection. The intent of these reviews is:

To insure there are no physical plant issues
To discourage any insect and/or rodent infestation
To discourage mold, mildew, fungus, or any other issues produced by food and/or food by-products

Each concession inspected will receive a letter of our findings. Any defects and/or changes will be noted with a day of the second inspection.

KANSAS DEPARTMENT OF AGRICULTURE – FOOD ESTABLISHMENT GUIDELINES

Concessionaires serving food/drink items shall be governed by the rules of the Kansas Department of Agriculture

(KDA), and the Fair. All regulations and fees are subject to change without further notice.

Food Establishment License Requirements and Renewals

The following is a partial summary of important food safety requirements. A complete listing of the Food Safety Regulations is available by contacting KDA at 785-564-6767 or kda.fsl@ks.gov . You may view and download a copy of the Kansas Food Code at: http://agriculture.ks.gov/docs/default-source/statutes-foodsafety-lodging/kda_food_code_7_1_2012.pdf?sfvrsn=2

Food establishment, per K.S.A. 65-656, means any place in which food is served, prepared, or offered for sale or service on the premises or elsewhere. Food Establishment does not include roadside markets that offer only whole fresh fruits, nuts, and vegetables for sale. Food Establishment includes, but is not limited to: eating or drinking establishments, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, tea rooms, grills, sandwich shops, soda fountains, taverns, private clubs, roadside stands, industrial-feeding establishments, catering kitchens, commissaries, and any other private, public, or nonprofit organizations routinely serving food; and; grocery stores, convenience stores, bakeries, locations where food is provided for the public with or without charge.

The food establishment licensure and inspection program is mandated by state law (K.S.A. 65-689) and requires all facilities operating for seven or more days in a calendar year, regardless of location, to be inspected and licensed. For any food establishment to obtain a license, compliance with certain standards must be determined through on-site evaluations. Licenses must be renewed or postmarked by March 31, 2023. Licenses renewed or postmarked between April 1^st and April 30th must pay a $25 late fee. Licenses that are not renewed or postmarked by April 30^th must reapply and pay the license fee and application fee.

Inspectors will inspect all licensed food facilities at the Fair. The Fair requires an Exhibitor to purchase a valid Kansas Food Establishment License unless exempted by law. An Exhibitor’s facility must comply with food safety regulations before a license will be issued. Failure to comply with food code standards could result in the closure of your food establishment and removal from the Fairgrounds. Facilities that are exempt from licensure are still subject to inspection.

All new applications for food establishments must be submitted to the Kansas Department of Agriculture by Friday, August 25, 2023. Food establishment license and renewal fee information is available at http://agriculture.ks.gov/docs/default-source/rc-food-safety/food_service_restaurant_app.pdf?sfvrsn=9. If you are a new vendor or your license is expired, you must also pay the appropriate application fee. To expedite processing, please write ‘State Fair’ on the application. Please mail applications and fees to:

Kansas Department of Agriculture
Food Safety and Lodging
1320 Research Park Drive
Manhattan, KS 66502
Phone: 785-564-6767

Credit card payments may be made by completing and faxing the credit card payment form and license application form to 785-564-6779. The credit card form is available at: http://agriculture.uat.ks.gov/docs/default-source/rc---general/credit-card-fillable.pdf?sfvrsn=2.

No license is transferable from one facility to another, nor is a license transferable from one owner to another. Construction of a new food establishment requires prior submission of building plans for approval to the Kansas Department of Agriculture.

Any new vendor without a Kansas Food Establishment License must call the Kansas Department of Agriculture prior to opening at the Fair, to schedule an appointment for a license inspection.

All licensing inspections will occur on the morning of Friday, Sept. 6, 2024. Please contact the Kansas Department of Agriculture at 785-564-6767 to schedule an appointment.

Food Sampler exhibitors are not required to have a food establishment license but will need to make sure that their stand or area is adequately equipped to provide the ability to wash hands and to wash, rinse, and sanitize utensils as needed for safe food preparation. Food samplers may only provide a small quantity of food (not a meal or entrée) without charge, in order to promote, advertise, or compliment the sale of food or associated food preparation equipment.

Minimum Facility Requirements

All facilities must have a potable water supply, with hot and cold water under pressure.
All establishments must have accessible hand washing facilities with hot and cold water under pressure, within their facility.
Food preparation areas must be totally enclosed. Openings to the outside shall be protected in some manner, i.e., screening, walls, ceiling, etc., unless approved by the Kansas Department of Agriculture.
There shall be no “open air” or outside food preparation areas, unless adequately protected and approved in advance by the Kansas Department of Agriculture.
Adequate dish washing facilities must be provided within each facility. A three-compartment sink is required. Each compartment of the sink must be large enough to submerge the largest piece of equipment or utensil unless alternative methods or procedures are approved in advance by the Kansas Department of Agriculture.
Food products must be adequately protected at all times from any potential source of contamination.
All facilities must have an adequate wastewater disposal system. Liquid wastes must be disposed of in a sanitary sewer, not a storm sewer or on the ground.
All facilities must not have any imminent health hazards, such as sewage backup, lack of hot water, pest infestation, etc.
Demonstration of knowledge is required of the person in charge, with knowledge of food borne illness prevention, applications of Hazard Analysis Critical Control Point (HACCP) principles, and the requirements of the Kansas Food Code.
Capacity to maintain proper food temperatures, including hot holding, cold holding, reheating, cooling, and cooking.
All facilities must have proper food thermometers and sanitizer testing methods (test strips or test kits).

Food Safety Requirements

Keep all potentially hazardous foods (any food that requires time and temperature control for safety, such as meat, dairy products, eggs, poultry, fish, heat treated vegetables, sprouts, cut melons, cut tomatoes, and cut leafy greens) at 135°F or above or 41°F or below at all times.
Wash hands as often as is necessary to keep them clean and to prevent contamination of food. Hands should also be washed before starting work, after eating, after drinking, after smoking, after touching the face and/or hair, after handling raw meats, after using the restroom, before dawning gloves, or after any other activity in which the hands may have been contaminated. Hand sanitizing gels, creams, lotions, etc. does not replace hand washing.
All food handlers must be free from any open or infected cuts, lesions, or abrasions on their hands or arms. The most frequent causes of foodborne illness are ill food handlers and poor hygienic practices.
Ill food workers must be restricted from handling food, utensils, dishes, or other food equipment as specified in the Kansas Food Code.
Bare hand contact with any ready-to-eat food is prohibited.
Do not handle any ready-to-eat food with any utensil that was in contact with raw animal foods. Avoid cross-contamination by juices from uncooked meats with any ready-to-eat foods or food contact surfaces, such as cross contamination by hand contact or with equipment and utensils. This includes food storage containers. You may not use a raw animal food box to store cooked, ready-to-eat foods.
Adequately clean and sanitize all food contact surfaces after each use.
Cook all intact (not ground or tenderized) fish and meat (beef and pork) to a minimum internal temperature of 145°F.
Cook all non-intact fish and meat to a minimum internal temperature of 155°F.
Cook all poultry to an internal temperature of 165°F.
Reheat potentially hazardous foods rapidly to 165°F within two hours of removing from cold holding.
All potentially hazardous foods must be cooled from 135°F to 41°F within six (6) hours and the food must cool from 135°F to 70°F in the first two (2) hours. Improper cooling of foods is one of the leading causes of food borne illness.
Date marking is required for any refrigerated, ready-to-eat, potentially hazardous food held for more than 24 hours. Food may be kept up to seven days at 41°F or lower. The day of preparation is day one.
KDA has the authority to restrict the operations of any food establishment when the operation presents an unacceptable risk to public health.

Focus on Food Safety materials can be viewed online at: http://agriculture.ks.gov/divisions-programs/food-safety-lodging/food-safety-educational-materials.

If you have any questions about food safety or Kansas licensing requirements, please contact the Kansas Department of Agriculture at kda.fsl@ks.govor 785-564-6767.

ALCOHOL SALES

K.A.R 41-719 addresses the sale and consumption of alcoholic beverages during temporary events such as the Kansas State Fair. This regulation states alcoholic beverages may only be sold and/or consumed at spaces or locations designated by the State Fair Board through its General Manager.

Alcoholic beverages are identified as beer and wine products only.
Each Concessionaire with a space License Agreement to sell beer and wine on the fairgrounds shall hold a liquor license issued by the State of Kansas and must make proper application each year. They shall comply with all Kansas statues and administrative regulations and state fair policies.
All sales, possession and/or consumption of beer and wine will be confined within the designated area as per SB2.
The percentage commission will be paid on gross sales of beer and wine, food and non-alcoholic drinks, less applicable taxes, with a guaranteed minimum.
Minimum Price: 12 oz. cans & 14 oz. cups $5.00, 24 oz. cups & 26 oz. cans $8.00
The Concession will report beer, wine, and food/non-alcoholic drink sales separately on the Percentage Reporting form provided by the Commercial Exhibits Department. The reports will be made daily by 1 pm, at the Commercial Exhibits Department and will include any and ALL beer and wine delivery tickets. Z-Tapes are required to be turned in with your daily reports.
Alcohol sales will occur only between 10:00am to Midnight.
Each Concession location will be required to offer for sale, at least, one Kansas wine (for those concessions selling wine products) and one Kansas beer product (for those concessions selling beer products).
No glass containers will be allowed to be given to the public. Cup sizes are not to exceed 24 ounces.
Any beer/wine leaving premises must be in a clear plastic cup.
The prices of all beer, wine, food, and non-alcoholic drink items must be submitted to the Fair by JULY 15. If price changes are not submitted and approved by July 15, price(s) listed from the previous year’s menu will be considered firm. These prices must be posted on a sign or card (indicate whether sales tax is included) where they can be easily read by the public when the concession is approached. All signs should be professional in appearance.

MENUS, PRICES, AND ADMISSIONS

The price of all food/drink items, and the amount of admission charged to rides under operation by License Agreement, must be submitted to the Fair by July 15, unless an earlier date is identified on your License Agreement .These prices MUST be posted on a sign or card (indicate whether or not sales tax is included) where they can be easily read by the public when the concession is approached. ALL signs should be professional in appearance. No handwritten signs allowed.

Any price changes made in admission charges or menu items must be submitted to the Commercial Exhibits Coordinator for approval, by JULY 15. If price changes are not submitted and approved by July 15, price(s) listed in the most menu is considered firm.

Concessionaires not selling bottled water shall not charge the public for water being supplied by the Kansas State Fair. Concessionaires may, however, charge for the cup and ice and this should be indicated as such on their respective menu(s).

Food concessionaires shall not advertise special sales (i.e. two for ones, daily specials, etc.) unless it is indicated on the menu form, and approved by JULY 15. Copies of ads for discounts, coupons, etc. must also be submitted for approval by the Commercial Exhibits Coordinator by July 15.

POST-FAIR ELECTRIC PROCEDURES

All Electrical appliances must be turned off no later than two (2) days after the Fair. Utility service to the buildings on the Fairgrounds will be disconnected by October 1 after the Fair. There will be a $100 per day fee for each day after October 1 that the power is left on.

Food concessionaires have been charged for electrical service based on the previous year's requirements. All concessions that remain on the Fairgrounds year-round were checked by the Fair's Electrical Department for the number of amps/volts and phases at their location(s).This is the amount of electrical service that the Concessionaire has been charged for on the License Agreement .

SELLING A CONCESSION TRAILER OR CONCESSION OPERATION

Any concessionaire considering the sale of their trailer or concession operation is strongly encouraged to notify Kansas State Fair management. Per the Policy and Procedure 7-10 adopted by the Kansas State Fair Board the following steps must be completed prior to finalizing the sale:
Prepare a letter of intent with the asking price and a list of all items and equipment included in the sale.
Once the Fair receives your letter, a response to your letter will be drafted and a meeting to involve the appropriate Fair staff, the buyer and the purchaser will be scheduled.
At this meeting, the Fair will provide the purchaser an Application for Space and Menu Listing form to complete and return.
After the meeting, Commercial Exhibits Coordinator will submit the offer to the Commercial Fair Board Committee that will then be presented to the Kansas State Fair Board for approval. if the sale is approved, a letter will be sent with a Sales Agreement. The seller will be responsible to gather the purchaser’s signature. Commercial Exhibits Coordinator with provide The Right to Do Business Fee amount, which is one-half of the 5-year average of prior year’s rent (what was owed to KSF) to the new concessioner and will be due on the date assigned when the License Agreement is issued.
Failure to follow the above procedures may result in the new owner not being approved to operate during the fair. (Sale not being approved by committee)
Any type of signage which advertises the sale of the concession during the Fair is not permitted. Signage during any Non-Fair event can only be posted with prior permission by Kansas State Fair staff.