§ 2-24-11. Licensing of concessions and permitting of vending activities.

(1)

License required. Private vendors providing concession services in county parks may only do so by obtaining a franchise license agreement and paying a franchise license fee in accordance with the requirements of this section.

(2)

Determination of board. Upon a determination by the board of county commissioners that the provision of any goods or services, including but not limited to instructional services, food, beverages, souvenirs, will be of use to park patrons or enhance and promote Manatee County as a unique community, or provide for the comfort in and enjoyment of the use of a particular park in question, the board may, at its discretion, provide for such services through its own employees or by entering into a franchise license agreement with a concessionaire selected in accordance with any applicable requirements of the Manatee County Procurement Code and state law.

(3)

Terms and conditions to be included in any concessionaire license. The terms and conditions of franchise license agreements may be negotiated between the applicants and the director, but shall at a minimum include the following:

(a)

The days and hours of operation as determined by the county to meet the needs of the park patrons.

(b)

A clear and specific description of the products that may be sold and controls and regulations with respect to the prices that may be charged as deemed necessary by the county.

(c)

Requirements with respect to the image, ambience, the condition of facilities and equipment made available by the county or furnished by the concessionaire, or quality of service required to reflect a favorable image of the county and provide for the health, safety and welfare of park patrons.

(d)

The fee required by the county to help defray the costs of operating and maintaining the county's parks.

(e)

Restrictions that strictly prohibit the transfer or assignment of any franchise license agreement except as may be approved within the sole discretion of the board of county commissioners.

(f)

The rights of the parties to terminate the agreement with adequate notice so the county can provide for the continuation of services.

(g)

The right of the county to terminate the agreement as may be required for public convenience and necessity.

(h)

Requirements for submission of proof of insurance in suitable amounts and naming Manatee County as additional insured to cover any claims related to the concession.

(i)

Such other terms and conditions as the board determines to be necessary, prudent and in the best interest of the county.

(4)

Franchise licenses not disposition of surplus property. It is the policy and intent of the board of county commissioners that any such franchise license agreement shall not be considered the sale, conveyance, leasing or other disposition of property not needed for county purposes as provided in Section 125.38, Florida Statutes.

(5)

Revenues. All revenues derived from any franchise license fees where license fees or other charges are assessed against the concessionaire as a part of any agreement shall be used solely and exclusively for the maintenance and operation of the county's parks. In order to implement this provision, the board of county commissioners may establish a separate fund or may include such revenues in the general fund: however, all revenues generated by the provision of concession services shall be considered each year and allocated as a part of the budget for the operation and maintenance of county parks.

(6)

Additional vending. In addition to regularly licensed concessionaires, vending of food, beverages or any other article shall be limited to special events and activities in accordance with established procedures and according to the terms and limitations of the special event permit. Special events or activities as used herein refers to fairs, festivals, league play or tournaments, and other activities or events of a unique, short-term or nonregular nature.

(7)

Access to concession facilities. No concessionaire may install or operate any concession-related facility without the director's express prior approval, and installation or operation of such facility shall be conditioned on the concessionaire's providing the county with full access to such facility at any time.

(8)

Existing agreements and permits. The purpose of this section is to clarify and codify existing polices and practices. Any otherwise valid agreement, concession or permit existing on the date of adoption of this section shall not be impaired or altered and is hereby ratified and confirmed through its expiration.

(Ord. No. 07-60, § 3, 6-12-07; Ord. No. 08-48, § 7, 3-25-08)