Vendors in Parks Policy No.500.110 n�io s
p iane Administrative Policy & Procedure No. 500.110
Valley Vendors in Parks
POLICY
The City of Spokane Valley's parks, including facilities and programs of the
department, are established and maintained by the City for public recreation
purposes. These policies and procedures apply to all parks and recreation
facilities with the exception of CenterPlace activities and City-sponsored
activities.
2. REFERENCES
SVMC Chapter 5.15
SVMC 6.05.020, .050, .060, .120
3. DESCRIPTION AND IMPLEMENTATION
a) Definition of"Proprietary or Commercial Groups." Examples of
commercial groups and activities include but are not limited to: food
vendors, product vendors, organized sports and/or recreation groups, etc.
Proprietary or commercial groups using Spokane Valley parks or facilities
for financial gain or profit will be charged an additional fee for the
privilege of conducting their business on City property, or will pay the
City of Spokane Valley a percent of the gross receipts,which will be
determined annually. Such additional fees are warranted in that the
Department's fee and charges program is designed to recover costs for
facilities on a non-profit basis. Therefore,the use of these facilities for
profit purposes is inconsistent with the Spokane Valley Parks and
Recreation Department's philosophy and revenue goals.
b) Definition of"Food Vendors." Permission may be obtained to provide
food services for a limited amount of food and beverage to event
participants only, and the food service must be ancillary to a larger event.
Thus, the scale of food service will be in relation to the size of the event.
Food vendors and event organizers are to ensure that any food services
associated with the event comply with City regulations. Food services are
subject to by-law requirements of the County's Health Department.
Depending on the situation, individual food vendors may be required to
have their own business licenses. Additionally, food services must be in
conjunction with the State Environmental Policy Act.
c) In General. As a general rule,the City does not allow the sale of goods
or services in City parks, including commercial activities or vendors of
any type. SVMC 6.05.060 states that the sale of goods or services in City
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parks or facilities shall be allowed only through written agreement with
the City or by permit issued by the Parks and Recreation Department. The
Parks and Recreation Director has final approval authority to grant vendor
activities.
(1) Exceptions to the General Rule. The Parks and Recreation Director may
make an exception to the general rule for commercial activities or vendors.
These exceptions require written approval by the Parks and Recreation
Director and will be made on a case-by-case basis. A request for an
exception must be made four weeks prior to the event.
e) Duty or Liability of the City. It is the specific intent of these policies
and procedures to place the obligation of compliance upon the applicant or
sponsor, and no provision hereof is intended to impose any duty upon the
City of Spokane Valley or any of its officers, employees, or agents.
Nothing contained in these policies and procedures adopted hereunder is
intended to be or shall be construed to create or form the basis for liability
on the part of the City of Spokane Valley, or its officers, employees, or
agents, for any injury or damage resulting from the failure of the applicant
or sponsor to comply with the City's municipal code and the Park and
Recreation Department's policies and procedures.
0 Approval Process. Safeguards are necessary to ensure proper use of
public facilities when requests are received by the Department to conduct
commercial or promotional activities on park or City property or to utilize
the names of public structures or facilities in advertising a product.
Requests should be directed to the Parks and Recreation Director.
i) Requisites for Approval:
- Commercial or promotional activities in parks and recreation
facilities should be authorized only if they provide a positive
public service and meet a legitimate public need.
- Commercial or promotional activities on park property shall be
permitted only when they are clearly not in conflict with
ongoing Department sponsored programs, or if the program
can be conducted without any restriction on public use for an
unreasonable period of time.
- Commercial or promotional use of public facilities including
use of public names of structures should not be authorized if
such use constitutes an expressed or implied endorsement of
commercial products, services, or activities.
- The Department may establish a formal bid and contract
process for commercial uses.
ii) Authorization to Approve Requests:
- Approval may be granted by the Director or designated
representative for permission to post signs, banners,posters, or
any other forms of advertising on park facilities. All materials
of this type must be consistent with the overall aesthetic
appearance of the park. Advertising materials for specific
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activities must be taken down upon completion of the event.
Such items donated for permanent use at a park facility must
meet all of the aforementioned requirements for approval.
- Requests to utilize the names of public structures or facilities in
advertising a product should be forwarded to the Director for
approval.
iii) Charges for Commercial Activities:
- Groups or organizations conducting commercial activities on
park or City facilities must pay the prevailing rental rates for
use of the facility.
- Also, sponsors of profit-making, commercial activities
conducted on park or City property must provide the
Department with evidence of comprehensive general liability
insurance sufficient to protect the City against risk,with a limit
of at least$1 million per occurrence and $2 million aggregate
and must name the City of Spokane Valley as additional
insured,
- In addition to the rental fee and insurance, the sponsors of for-
profit commercial activities conducted on park or City property
will pay the City of Spokane Valley a percentage of the gross
receipts which will be determined annually. Within thirty(30)
days after a commercial or promotional activity, an itemized
list of all income associated with such an event is to be
submitted to the Director,together with payment of the
established percentage fee.
i Oft
City Man /Deputy City Manager
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