As used in this article, the following terms
shall have the meanings indicated:
COMMERCIAL ACTIVITY
The buying or selling of goods, services, interests, real
property or intangible rights; or activities in the nature of business,
trade, industry or commerce, even if conducted by a nonprofit, charitable,
social or educational organization. Included, by way of example and
not in limitation, are the buying or selling of or the offering to
buy or sell of goods, services, real property interests or intangible
rights and the solicitation of offers, the taking or filling of orders
and the distribution of handbills, pamphlets, advertising circulars,
samples and handouts.
PERSON
Includes any corporation, partnership, unincorporated association
or other business entity.
SIDEWALK
That portion of a street or highway between the curb and
adjacent building lines designed for the use of pedestrians, whether
paved or not.
No person shall conduct any commercial activity
or business on any street, sidewalk, boardwalk, public right-of-way,
upon the public beach, or in a MORE District within the Town of Bethany
Beach except as hereinafter provided.
This article shall not apply to and nothing
herein shall be construed to prohibit or to require a permit for the
following commercial activities or business if conducted as specified
herein:
A. Mere delivery of property purchased or acquired at
some other place within or without the Town.
B. Newspaper vending machines on the sidewalks or boardwalks
of the Town, with permission of the abutting property owner, provided
that: such machines do not exceed 50 inches in height, 20 inches in
width and 18 inches in depth; such machines do not impede or restrict
public travel along the sidewalk or boardwalk; and not more than three
such machines shall be located within any fifty-foot length of sidewalk
or boardwalk. Newspaper vending machine shall be properly secured
so as not to be easily moved when subjected to gusts of wind.
C. Persons authorized by the award of a concession under Article
II of this chapter, as it may from time to time hereafter be amended, provided that such person's activities must strictly conform to provisions of the concession as awarded by the Town Council.
As used in this article, the following terms
shall have the meanings indicated:
COMMERCIAL ACTIVITY
The buying or selling of goods, services, interests, real
property or intangible rights; or selling activities in the nature
of business, trade, industry or commerce, even if conducted by a nonprofit,
charitable, social or educational organization. Included, by way of
example and not in limitation, are the buying or selling of or the
offering to buy or sell of goods, services, real property interests
or intangible rights and the solicitation of offers, and the taking
or filling of orders, including distribution of handbills, pamphlets,
advertising circulars, samples and handouts.
PERSON
Includes any corporation, partnership, unincorporated association
or other business entity.
Proposals as set forth in §
123-8 shall be in writing on forms to be provided by the Town Manager and sealed. Proposals shall contain such relevant information as deemed necessary by the Town Manager, including but not limited to:
A. The name and address of the applicant, as well as
all persons owning any interest in the commercial activity proposed
to be conducted.
B. A detailed description of the commercial activity
which is proposed, including the number of employees, days and hours
of operation, equipment and facilities and related information.
C. The specific location of the proposed commercial activity.
D. The type, amount and condition of equipment owned
or capital held in the name of the person applying for the license,
which will be used in providing the proposed concession.
The concession fee to be charged for the privilege of conducting each concession may be established on the basis of competitive bidding or may be established by the Town Council prior to requesting proposals under §
123-8 above; and, in either event, the notices inviting proposals shall so indicate.
The Town Manager shall oversee and supervise
concessionaires and their operations authorized by the Town Council
pursuant to this article.
If storage space is authorized by the Town Council,
concessionaires shall store all equipment in structures built according
to specifications and design approved by the Town Manager and placed
in locations approved by the Town Manager. If storage space is not
authorized, concessionaires shall remove all their equipment to a
place of private storage at the end of each business day.
[Amended 10-15-2010 by Ord. No. 458]
Each person to whom a concession is awarded
under this article shall carry insurance for general liability with
minimum limits of $500,000 per person, $1,000,000 per occurrence for
bodily injury or death and $25,000 for property damage, which policies
shall show the Town of Bethany Beach and its officers, agents and
employees as additional insureds. All insurance policies shall require
30 days' written notice to the Town of Bethany Beach prior to cancellation.
By accepting the award of such concession, the successful applicant
shall agree to indemnify and hold the Town harmless against any claim
or loss whatsoever arising out of negligence or misconduct on his
or her part.
This article shall be read in conjunction with and shall not supersede Article
I of this chapter or any amendments thereto.
This article shall operate prospectively only
and shall not affect any concession, license or contract already in
existence as of the effective date hereof.