The California Workers’ Compensation Uniform Statistical Reporting Plan—1995 (USRP) was amended effective January 1, 2014 to add Classification 9095, Event Market, Festival or Trade Show Operation. WCIRB Customer Service has received questions about how and when this relatively new classification applies.
The complete description for Classification 9095 appears in the USRP as follows:
|EVENT MARKET, FESTIVAL OR TRADE SHOW OPERATION – all employees – N.O.C.||9095|
This classification applies to firms that organize events and rent spaces to vendors that sell products or provide information to customers. Such events include, but are not limited to, farmers’ markets, flea markets, swap meets, art or antique festivals and trade shows (public or private).
Vendors, restaurants and retail stores shall be separately classified.
The word event referenced in Classification 9095 means something that occurs in a certain place during a particular interval of time. The event markets, festivals and trade shows described in Classification 9095 operate on a short-term or sporadic basis, and may operate at various locations. For example, an event market assignable to Classification 9095 is distinguished from a shopping center or mall that is assignable to Classification 9009, Building Operation – commercial properties – all other employees.
Classification 9095 states that it "applies to firms that organize events and rent spaces to vendors that sell products or provide information to customers." Employers assigned to this classification generate revenue by securing a venue for the event and charging vendors to occupy booths or similar spaces during the event. The classification does not mention collecting admission fees from event attendees; and at various event markets, festivals and trade shows, admission fees may or may not be charged.
The classification also includes a footnote which directs that "vendors, restaurants and retail stores shall be separately classified." Some firms that organize event markets, festivals and trade shows may also operate a vendor booth, restaurant or retail store during the event. For example, the employer that organizes and operates a farmers market by renting booths to produce vendors may also operate a booth at the market. In that situation, the applicable store classification, such as 8006(2), Stores – fruit or vegetables – retail, applies to this portion of the operations. Similarly, an event organizer may operate a swap meet renting spaces to vendors, and also operate a snack bar selling hot and cold foods during the swap meet. The snack bar operations are separately classified as 9079(1), Restaurants or Taverns, per this footnote.
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