Agenda - Council - 07/12/1994 - Laserfiche WebLink

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ADOPTION OF POLICY REGARDING CONCESSION SALES IN CITY PARKS By: William K. Goodrich, City Attorney Case Background: At the Council m{eting on June 14, 1994, the issue of permitting concession sales in City Parks was discussed. A! this time, the Council was advised of Section 5.06.20 of the City Code which states as follows: 5.06.20 M¢rchandising, Advertising and Signs. No person in a park shall: a. Exgress an offer for sale any article or thing, nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exd:eption is here made as to any regularly licensed concessionaire acting by and und~er the authority and regulation of the di-remor~[~ b. Any name advertising, or call the public attention in anyway to any article or service for~sale or hire; c. Pai~nt, glue, tack or otherwise post any sign whatever on any public lands or highways or roads adjacent to a park. The above City Co'de language therefore prohibits sales of any goods or services within City Parks unless by a "regularly licensed concessionaire" licensed by the park director. Elsewhere in the Code there are pr~visions for peddlers, solicitors and vendors. The word "concessionaire," used here, is undefined.l The existing license at Central Park was issued under the vendor definition. As this issue has arisen, it seems appropriate to clean up definition and process issues at this time. Perhaps the City $hould use one itinerant definition and process, and a separate definition and process for a site s~ecific concessionaire or vendor. Observation: Relative to the ~ore immediate issue, Council may want to give direction on licensing concessionaires in iCentral Park where appropriate facilities exist for sale of food items. Improved licensing requireahents need to be established which should include such items as: to whom a license may be i~.sued, duration of license, what merchandise may be sold, security deposit requirement, freqdency of any one entity having a license, administrative fee for license issuance, requirement of health department permit, etc. Council may also ~'ant to consider, or reconsider, whether any sales should be permitted in other city parks using th~ above licensing format. I would further recommend that the term "Director" be deleted from the cr~cle and replaced with "Administrator or designee." Council Action: Based on your discussion, give Staff appropriate direction to revise the City Code to conform with the general park p~blicy you desire to establish, or advise that the current policy is acceptable with certain language cl)anges as discussed above. Reviewed By: ~ City Administrator City Attorney CC: 07/12/94