A dispute has erupted over whether a weekly food market at Civic Center should be considered a farmers market.
At issue is a contract signed by all vendors who sell at Colorado Fresh Markets, the outfit that produces the popular Cherry Creek Fresh Market, City Park Esplanade Fresh Market and Stapleton Farmers Market.
The contract bars participating vendors from serving food at other farmers markets within a 5-mile radius.
The contract issue came to a head after three vendors from the Cherry Creek market set up shop at the Civic Center Eats Outdoor Cafe. The vendors were unaware that the Civic Center event, on Tuesdays, is considered a farmers market under the contract.
The vendors were contacted by Chris and Michele Burke, who own Colorado Fresh Markets, and told to cease and disband.
The Burkes say the contractual agreement is put in place to protect vendors.
“(Civic Center) is a very similar event in close proximity. It dilutes the vendors’ ability to sell their food,” said Michele Burke, who added vendors can leave Colorado Fresh Markets at any time.
Some vendors, however, argue that being at multiple farmers markets helps everyone.
“Everyone wants to know where they can find me,” said Kevin Morrison, owner of Pinche Tacos and Tacos Borrachos. “I’m still promoting (Cherry Creek) at Civic Center.”
Morrison says he’s found a way to be at both markets — at least for now. He’d already been operating under two different business names, so he will be Pinche Tacos at Cherry Creek and Tacos Borrachos at Civic Center.
Meanwhile, Lindy Eichenbaum Lent, executive director of the Civic Center Conservancy, is looking into the legality of the contract.
“The bottom line is Civic Center Eats is not a farmers market,” she said. Civic Center does not sell produce, only prepared food, she said.
“We have a completely different audience and occur on a completely different day,” she said of the nonprofit event.
The Burkes say the contract is legal and common in the events industry.
“It takes a tremendous amount of time and resources over the years to secure these vendors and then other organizers come down and pick them off. Why should we be forced to share our vendors? It’s what makes us unique. We are protective of it,” Michele Burke said.
The Burkes say they want a “positive win-win” resolution and have offered to be in-kind sponsors of the event, meaning their vendors could be at both events in exchange for having their name associated with Civic Center.
Eichenbaum Lent says the Burkes were sponsors of Civic Center last year and charged $30,000 for their services, and Civic Center is already a month into its event.
“This is really a dispute between Colorado Fresh Markets and the vendors because it’s the vendors’ opportunity being restricted,” Eichenbaum Lent said.
Kathryn Richert: 303-954-2409 or richertk@yourhub.com
