HomeMy Public PortalAboutResolution 11-25 Guidelines for ConcessionsRESOLUTION NO. 11-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO
RELATING TO GUIDELINES FOR COMMERCIAL ACTIVITY AND CONCESSION
SALES WITHIN MCCALL CITY PARKS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the permitting of concession privileges in parks is to provide the public with access
to products and services while generating revenue to support ongoing park and recreation
programs; and
WHEREAS, these guidelines will be used to determine the specific parks where concessions will
be permitted and the types of concessions allowed; and
WHEREAS, concession privileges will be granted only when the McCall City Council has
determined that the products or services offered will provide an enhancement to the park and the
community of McCall; and
WHEREAS, at the October 19, 2011, McCall Parks and Recreation Advisory Board reviewed
the first draft of Guidelines for Commercial Activity and Concession Sales within McCall City
Parks; and
WHEREAS, City staff held a public workshop on November 2, 2011 with stakeholders including
current concessionaires, business owners, interest groups, and individuals that was noticed in the
Star -News for citizen participation in the development of the Guidelines for Commercial
Activity and Concession Sales Within McCall City Parks; and
WHEREAS, at the November 16, 2011 McCall Parks and Recreation Advisory Board reviewed
the second draft of Guidelines for Commercial Activity and Concession Sales within McCall
City Parks; and
WHEREAS, at the December 1, 2011, City Council Meeting, the McCall City Council reviewed
the draft Guidelines for Commercial Activity and Concession Sales within McCall City Parks.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, Valley County, Idaho that:
Section 1: The McCall City Council hereby adopts The City of McCall's Guidelines for
Commercial Activity and Concession Sales within McCall City Parks Policy, a copy of which is
attached as Attachment A, and incorporated herein by this reference.
Section 2: This resolution shall be in full force and effect upon its passage and approval.
Page 1 of 2
Resolution 11-25 Guidelines for Commercial Activity in Parks
December 15, 2011
PASSED AND APPROVED BY THE COUNCIL AND MAYOR OF THE CITY OF MCCALL
THIS 15 DAY OF DECEMBER, 2011.
CITY OF MCCALL
Valley County, Idaho
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BessieJo +agner, C. Clerk
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Donald C. Bailey, Mayor
Page 2 of 2
Resolution 11-25 Guidelines for Commercial Activity in Parks
December 15, 2011
ATTACHMENT A
Guidelines for Commercial Activity
Concession Sales within McCall City Parks
Guidelines for Commercial Activity and
Concession Sales within McCall City
Parks
Notice: Beginning January 1, 2012, Concessionaries will be required to adhere to these guidelines and
time table.
Page I 1 January 12, 2012
Objective
The purpose of permitting concession privileges in parks is to provide the public with access to
products and services while generating revenue to support ongoing park and recreation
programs. These guidelines will be used to determine the specific parks where concessions will
be permitted and the types of concessions allowed. Concession privileges will be granted only
when the McCall City Council has determined that the products or services offered will provide
an enhancement to the park and the community of McCall.
Description
Concessions are considered to be the privilege permitted to an individual or organization
maintaining an ongoing business within park premises for the exchange of revenue or services.
Concessions can be of any length in duration.
Scope
These specifications are intended for application to those concessions permitted and controlled
by McCall Parks.
Applicable City Codes
8-14-4: PROHIBITED USES:
(F) Commercial Uses:
1. No person shall engage in any commercial activity in whole or in part within city parks or facilities
except as authorized by a concession agreement or special use permit issued by the McCall city
council, and also except as specifically authorized by this subsection.
2. No commercial aircraft, amphibious craft, or watercraft may under any circumstances be moored
unattended at a city dock, except where a concession agreement with the owner of the same is in
force and provides for such moorage.
3. Commercial aircraft, amphibious craft, or watercraft operators may pick up or drop off passengers at
the southerly face of the southernmost dock at the municipal boat launching ramp near the west end
of Fir Street, for that purpose remaining moored for not exceeding twenty (20) minutes at a time, but
only under an agreement with the city providing among other things a hold harmless agreement and
insurance in favor of the city.
4. Persons renting or selling watercraft who are making delivery of the same to a customer may do so
at such municipal boat launching ramp.
5. When an aircraft, amphibious craft, or watercraft is found in violation of these provisions, the same
may be impounded by the police and held as evidence until disposition in court, and the owner cited.
Page 12 January 12, 2012
6. "Commercial" as used in this chapter when used with use or activity means of or connected with
commerce or trade, and includes, without limitation, an exchange of goods or services for money, or
the solicitation of such an exchange, whether the exchange is to occur presently or in the future, and
whether the exchange is permanent or only for a period of time. Without limiting the generality of the
foregoing, commercial use includes:
(a) Aircraft, amphibious craft, or watercraft, for hire, picking up or dropping off passengers.
(b) Purchase or sale or rental of goods, or delivery of purchased, sold or rented goods.
(c) Soliciting the purchase, sale or rental of goods or services, whether verbally or by means of signs or
banners, or other advertising device.
7. "Park" as used in this chapter means any place so designated by the city. Where such park is
adjacent to waters, the term includes any dock or other structure or natural feature extending above
the water, between the water's edge and the furthest extremity of the water safety zone established
in title 5, chapter 6 of this code.
8. "Goods" as used in this chapter has the same meaning as that term in the uniform commercial code
as adopted in Idaho, broadened to include identification to a contract for rental and to a contract for
purchase. (Ord. 703, 10-24-1996)
(1) Other Prohibited Activities In Parks And Park Facilities:
1. Begging or soliciting for any purpose.
2. Gambling or operating games of chance or gaming devices.
3. Abandoning property.
4. Posting handbills, circulars, posters, or signs advertising any thing or event.
5. Promoting any thing or event by carrying a sign, distributing brochures, leaflets, pamphlets and the
like.
6. Using a skateboard within Legacy Park, Art Roberts Park, or Mill Park; or within any other city park
where posted with signs advising of this regulation.
7. Behaving in a loud and boisterous manner. In the event that a police officer determines that a person
or group of persons in a park is behaving in a loud and boisterous manner which would be annoying
to other persons or deter other persons from entering or remaining in the park, the officer may
request such person or group of persons to leave the park and not return; a failure of such person or
persons to honor that request and to leave the park shall constitute disorderly conduct under
subsection 5-5-030(A) of this code. No person who has been so convicted of disorderly conduct may
within one year thereafter apply for a park reservation under subsection 8-14-7(B) of this chapter.
8. Smoking is prohibited in all city parks within the city of McCall except in areas and under conditions
specifically designated in writing by the parks and recreation director, marked by signs to that effect,
and only in areas equipped with the appropriate dispensers and receptacles for the sanitary disposal
of cigarettes. (Ord. 889, 6-9-2011)
Page 13 January 12, 2012
Concession Calendars
Unless specified otherwise, the permit period is from first date of permit through December 31 st
and is limited to the season and hours of operation specified. Large concessions are those
requiring a significant investment by the concessionaire requiring a longer time frame to secure
equipment.
Small Concession Application Calendar
December 1—The City of McCall Parks and Recreation Department will advertise that it is
accepting proposals for commercial activity in City parks.
January 1 through February 28 - Concession applications will be received by the City of
McCall Parks and Recreation Director. All required documents must be submitted during this
time in order for a concession application to be considered.
Third Wednesday in March - The Parks and Recreation staff will review the submitted
applications and forward to the Parks and Recreation Advisory Board for consideration at its
regularly scheduled March meeting.
April — The McCall City Council will hear concession applications
First week in May — All approved contracts will be signed by the Mayor of McCall following
review of all legal requirements. The timeline may be extended if additional information is
needed.
Large Concession Application Calendar
Unless specified otherwise, the permit period is from first date of permit through December 31 st
and is limited to the season and hours of operation specified.
September 1—The City of McCall Parks and Recreation Department will advertise that it is
accepting proposals for commercial activity in City parks.
October 1 through November 15 - Concession applications will be received by the City of
McCall Parks and Recreation Director. All required documents must be submitted during this
time in order for a concession application to be considered.
December - The Parks and Recreation staff will review the submitted applications and forward
to the Parks and Recreation Advisory Board for consideration at its regularly scheduled
December meeting.
January — The McCall City Council will hear concession applications
Page 14 January 12, 2012
First week in February — All approved contracts will be signed by the Mayor of McCall
following review of all legal requirements. The timeline may be extended if additional
information is needed.
Single Event Concessions
Concessions associated with a single event and do not exceed two weekends in a row and which
are limited to community, non-profit and /or youth oriented events may be granted by the Parks
and Recreation Director one month prior to the event if all conditions for a short term concession
are met.
Approved Concession Products and Services
The Director of Parks and Recreation shall maintain a list of generally approved types of
concessions permitted within McCall City Parks. All such concessions are subject to
requirements of City code and Park policies and are subject to control and conditions of
operation as set forth by the City Council or Director or their designee. Concession products and
services pre -approved for consideration include:
• Food and non alcoholic beverages for immediate consumption
• Fitness & training
• Music - performance & sales
• Sports concessions
• Education & instruction
Requests to have a different item or service considered for approval shall be submitted, in
writing, to the Parks and Recreation Director who shall determine whether the item or service
conforms to the criteria listed in the following paragraph.
When choosing which item or service to sell, keep in mind that consideration for approval will
be based on the following criteria. All items or services to be sold shall:
• Not lead to or cause congestion or blocking of pedestrian traffic
• Adhere to all city codes particularly 8-14-4: PROHIBITED USES, 8-14-5: NOISE and
8-14-7: PARK OPERATING HOURS
• Generally not compete with a like product or service sold within close proximity to the
park.
• Not harm or encumber park structures, vegetation or other permitted programs, activities
or events.
If the item or service does not conform, it shall be listed as prohibited for sale in parks. The
decision of the Parks and Recreation Director may be appealed to the City Council.
Park Commercial Areas (PCA)
Page 15 January 12, 2012
Appendix A. Approved Vending Locations
The Director of McCall Parks and Recreation, with the approval of the City Council, shall
maintain a list of approved parks and/or areas (PCA) for product sales. Such concessions are
subject to requirements of the City of McCall and the Department of Parks and Recreation and
are subject to control and conditions of operation as set forth by City Code and the Director or
their designee. Each park and/or PCA has been designated as one of the following categories;
PCA 1: Parks/areas that have significant facilities for motorized access and use. This area may
include water features and large hard surface area, high visibility and/ or proximity to a large
customer base. This area will also have public restroom facilities, adequate public parking and
additional amenities such as electricity, performance area and harden pathways.
PCA 2: Parks/areas that have significant features and or high visibility and proximity to
customers. This area may or may not have electricity or permanent public restroom.
PCA 3: Parks/areas not open to concessions. PCA 3 concession requests will not be considered
for approval.
Each park may have multiple areas within the park. Each concession site within each park may
have specific limitations unique to its location.
Concession Vending Apparatus and Facilities:
Applicant must submit color perspective drawings of the planned cart, trailer, canopy tent or
mobile vending unit. Two perspective styles, 5" x 7" color photographs showing all four sides of
existing carts will be accepted in lieu of perspective drawings. Also, submit dimensions, samples
of materials, and logos or signs you plan to use in construction of your cart.
The Parks and Recreation Advisory Board and Community Development Department shall
review the vending cart application and approve or disapprove the design based upon the
following guidelines.
DESIGN AND COLOR
1. The design should enhance the attractiveness of the pedestrian environment in the park and
should have tasteful composition, materials and colors.
2. Design materials and color are to be considerate of the immediate surroundings of the
proposed location.
SHAPE AND SIZE
1. The vending unit must be designed to minimize interfering with pedestrian traffic, public use
and other permitted activity.
2. Must adhere to design requirements for approved apparatus.
The following are concession apparatus that may be approved within McCall City Parks.
Page 1 6 January 12, 2012
Type A: Push Carts. A wheeled cart is capable of being moved by one or two operators by
hand.
• Limited in size to no more than 6 feet in length, 4 feet in width, and 5 feet in height
including canopy or umbrella.
• Free standing canopies/tents/umbrellas or any similar device is not permitted.
• Carts larger than 24 square feet must be approved by the park supervisor and are charged
$10 for each additional square foot.
Type B: Trailers, Canopies, And Tents: A non -motorized vehicle licensed for towing on
streets and highways being no greater than 36 square feet in size and no greater than 10 feet tall
including canopy or umbrella. Canopies and Tents are portable structures made of canvas or
nylon or similar material.
• The Canopy/Tent is limited to 60 square feet with a minimum clearance above sidewalk
or pathway of 7 feet and a maximum height of 11 feet.
• Placement of Trailers may be limited in some parks due to the lack of vehicle access or
prohibition of vehicles in the park.
• Trailers, Canopies, and Tents: If approved they may be required to be placed without the
use of a vehicle.
Type C: Motorized mobile vending: A motorized vehicle such as a truck, van, or mobile home
licensed for use on streets and highways that is equipped for preparing and vending foods, or for
vending approved items or services.
• Concession is limited in size to a length no greater than 20 feet and to a height no greater
than 12 feet.
• Canopy is limited to 60 square feet with a minimum clearance above sidewalk or
pathway of 7'
• Concession must be removed daily. Concessions must use designated parking or secure
approval of Parks and Recreation Director for alternate location.
Type D: Equipment Rental
• Concession is limited to specific areas determined by McCall City Council through the
concession permitting process.
• Concession must be removed daily. Concessions must use designated parking or secure
approval of Parks and Recreation Director for alternate location.
• Concessions must limit the use of public parking spaces for storage of rental equipment,
trailers or vehicles to 15 minutes and not use more of those spaces or areas agreed upon
during the permitting process.
• Concession may be limited to one location.
Page 7 January 12, 2012
Type E: Docking: The City of McCall has several locations available for docking commercial
vessels.
• Commercial use of any McCall Parks & Recreation dock requires a permit.
• Commercial docking includes anything other than the docking of private vessels for
recreational use.
• Commercial use of docks is limited to docks not purchased with Waterways
Improvement Fund (WIF) grant monies unless approved by the granting agency.
• Loading and unloading of customers on public docks may be limited in duration to be
determined during the application process.
Type F: Education, Fitness & Tours: Provides the Concessionaire the ability to provide
education and training classes and or instruction within parks. The services may include
programs and services such as educational instruction, fitness training, tours, daycare, tai chi, etc.
• The Concessionaire is charged a fee determined by the average number of students or
participants. A limit on size may be required at the time of permitting.
• These concessions need not book specific resolvable locations within a park such as
shelters and fields to operate.
• However, the concession is required to vacate any location previously permitted to
someone else.
Type G: Music: Provides the concessionaire the ability to play and sell their music on Park
property.
• Music concessions are subject to all noise variance and compliance regulations.
• Personal application devices are limited to no greater than 50db at 100' from the source
and require pre -approval of the Park Maintenance Supervisor.
• No Music concession will be permitted for more than 4 hours in duration per day.
Type H: Short Term: Associated with a single event not to exceed two weekends in a row.
• Short Term Concessions are limited to community, non-profit and /or youth oriented
events
• Associated with existing permitted event.
• It is recommended that the applicant inform adjacent business prior to applying for a
permit if the product or service being offered is the same or similar to like product or
service being offered by the established adjacent business.
Page 18 January 12, 2012
Appendix A
Concession Types, Locations and Notes
PARK
Legacy
LOCATION
North end of Legacy
Park, boat ramp, parking
lot, docks. Not to extend
South of um station
Brown
Art Roberts
Fairway
Riverfront
Davis Beach
Water pump station
South to . ark bounda
Sidewalk and promenade
Not open to long term
concessions
Street level
Shoreline
Not open to long term
concessions
Not open to long term
concessions
1
2
1
3
3
2
2
3
3
Concession
T e
D,E, F, H
F, G, H
F,G,H
H, F
G
E,F,H,G
A, B, C, D, F, G, H
H
H
NOTES
Open to
concessions on
a limited basis
Not open to
concessions
Dock area only
must conform
to grant
restrictions
Restricted to
area between
fields
No facilities,
limited .arkin
No facilities,
limited parkin
Page 1 9
January 12, 2012
General Concession Requirements
Selection Criteria for McCall City Park Concession
1. Non-profit organizations or businesses, particularly those serving youth, providing
recreational opportunities or seen as locally benefitting the community of McCall as a public
service will receive preferential consideration.
2. The concession permit fee proposed by the applicant is in lieu of a city "Hawkers" License.
The fee will be a minimum amount or a percentage of the gross or a combination of both.
Revenue returned to the city will be a factor in the decision to award a concession permit but
not the primary reason to do so. All flat concession fees must be paid in full prior to
beginning operation.
3. Granting of the concession permit will be based upon the information submitted in the
"Request for Proposal", Advisory Board recommendations and City Council Approval. The
"Request For Proposal" for a concession permit will include the following information:
a. Designate if the concession is "For -Profit" or "Non -Profit". If non-profit please
include name of organization, purpose of organization and contact person, and
evidence of eligibility for "non-profit" status. (Same as for the LOT awards)
b. Permittee Operating Plan — A plan is required that describes in detail the public
services to be provided, how they will be provided and where and when they will be
provided.
i. Hours of operation
ii. Fees to be charged.
iii. Description of facility/equipment to be used.
iv. Location of desired site
v. Trash cleanup plan, including recyclable materials
vi. Utility needs
vii. Parking and storage requirements
viii. Proof of Insurance (if required)
c. All State and City codes must be adhered to. Food concessions must be approved by
Central District Health.
4. Applicant will propose a fee with the application that guarantees the City of McCall a
minimum amount or a percentage of the gross or a combination of both.
Page 110 January 12, 2012
The above items will be reviewed by the Parks and Recreation staff upon receiving. All
proposals will be submitted with a recommendation to the Parks and Recreation
Advisory Board. The Parks and Recreation Advisory Board meets the third Wednesday
of each month. All items to be considered by either the Council or the Advisory Board
must be submitted one week prior to the scheduled meeting in order to conform to the
State of Idaho Open Meeting Law. Applicants should keep this in mind when
submitting an application.
Upon Receipt of Application
5. Applicant will present the plan to the Parks/Recreation Advisory Committee at the regularly
scheduled meeting for review and recommendation to the City Council.
Include the following:
a. Description of proposed concession
b. Operating plan
c. Description of proposed fee
6. Parks and Recreation Director will create an agenda item for the McCall City Council for
consideration. (McCall City Code (8-14-4). Included in the agenda item will be:
a. Advisory Board recommendation
b. Operating plan
c. Map of concession location in relation to existing park facilities
d. Proposed fee agreement
d. Concession agreement draft
Depending on the size and scope of the proposed application other city departments and
committees may be asked to review the application.
If approved, the City of McCall will grant the applicant a Concession Agreement. Copies will be
submitted to the Police Department, Parks and Recreation Department, Concessionaire and one
copy will be fled in the vault.
Notes:
• Concession agreements can include more than one park.
• Fee is in lieu of the Hawker's License fee.
• If a flat fee is charged the fee is paid prior to beginning operation.
• It is suggested that prior to submitting a proposal the applicant meet with the Parks and
Recreation Director.
The City of McCall's Parks and Recreation Advisory Committee meetings are held open to the
public. If you need help in attending a meeting, please contact City Hall, 634-7142.
Page 1 11 January 12, 2012
i
City of McCall
1'Al tK:: AM)
RCC;REAr10N
Feet
0 15 30 60
The Data in this map is to be used for
REFERENCE ONLY.
Art Roberts
Park Concessions area
s
Brown Park
Concessions area
City of McCall
REQFlEATpN
Feet
0 25 50 100
The Data in this map is to be used for
REFERENCE ONLY.
City of McCall
t W ittti AND
RCC:REATION
i�
S
Feet
0 25 50 100
Lit It t
The Data in this map is to be used for
REFERENCE ONLY.
Harshman Skate Park
Concessions area
City of PAIIKMcCall
RECREATION
W
S
Feet
0 20 40 80
1 1 1 1 1 1 1 1 1
The Data in this map is to be used for
REFERENCE ONLY.
Riverfront Park
Concessions area
City of McCall
PARKS AND
RECREATION
S
Feet
0 120 240 480
1 1 1 1 1 1 1 1 1
dr
The Data in this map is to be used for
REFERENCE ONLY.
PCA Type; 3
Rotary Park
Concessions area
Ciiv of McCall
fwp(S ANI)
RCOREATION
N
S
Feet
0 25 50 100
1 1 1 1 1 1 1 1 1
The Data in this map is to be used for
REFERENCE ONLY.
City of McCall
1` os:IANI)
HCGREATION
Suitor t.n
Feet
0 45 90 180
I i i i I i i i I
The Data in this map is to 6e used for
REFERENCE ONLY.
Fairway Park
Concessions area
PCA Type; 2