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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 Policy No.500.110 Vendors in Parks Page 1 of 3 j Effective: ��{ /Z 0( v 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 Policy No.500.110 Vendors in Parks Page 2 of 3 Effective: 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 Policy No. 500.110 Vendors in Parks Page 3 of 3 Effective: