[Adopted 9-7-1984 as Ch. 9 of the 1984 Code]
[Amended 12-6-2008 by Ord. No. 636 cont'd]
A.
No person shall sell, hire or rent or offer to sell, hire or rent any article or thing or perform or offer to perform for a price or reward any work or service on any beach or strand within the territorial limits of the Town without obtaining a license therefor from the Commissioners. Any violation of this section is declared to be a civil offense pursuant to Chapter 80 of the Municipal Code of the Town of Dewey Beach.
B.
"Engaging in or soliciting business" shall be deemed
to mean selling, hiring or renting or offering to sell, hire or rent
any article or thing or to perform or offer to perform for a price
or reward any work or service.
C.
Nothing
in this article shall prevent the Town of Dewey Beach from sponsoring
or approving events on the beach, including events that provide for
the service of food or beverages. The concessionaire shall be provided
the option to provide food and drinks at all such events.
[Added 2-14-2009 by Ord.
No. 648]
[Amended 5-13-2006 by Ord. No. 567]
The Town Manager shall oversee and supervise
the beach concessionaires and their operations under licenses granted
by the Commissioners pursuant to this article.
[Amended 10-10-1992 by Ord. No. 244]
The Town Manager shall, for at least two weeks
prior to the date set by the Commissioners to open bids in any year
in which bids are to be sought, advertise in a local newspaper and/or
other newspapers the fact that the Town is seeking applications from
persons qualified to operate the beach concessions to be awarded for
any beach section available.
[Amended 2-12-1994 by Ord. No. 286]
A.
All bids shall be accompanied by a cashier's check
or certified check for 5% of the lump sum bid. This sum will be applied
as a credit to the final payment due on the fifth year of the contract.
B.
The Town reserves the right to require the successful
bidder to furnish a good and sufficient performance bond to guarantee
completion of the contract.
C.
All bids shall be sealed.
The sum deposited as bond for performance is
not only surety for payment of fines but is also to indemnify the
Town against the expense of hiring another person to complete the
obligation of any person whose rights as a beach concessionaire under
this article have been terminated or who has abandoned performance
of his obligation under the award granted pursuant to this article
for a period of more than 36 hours.
[Amended 4-13-1985 by Ord No. 64; 5-13-2006 by Ord. No. 567]
The Commissioners shall have the right to decline
to award a contract on the basis of the written application submitted
to the Town Manager on the grounds that the bidder lacks proper experience
or that he has insufficient capital or inadequate equipment to successfully
carry out his obligations under the contract which he seeks to have
awarded to him or that his history shows him to be a poor risk, or
that the contract price is inadequate. The contract may be awarded
on the basis of negotiation with any applicant.
[Amended 4-13-1985 by Ord No. 64; 2-14-2009 by Ord. No. 648]
The beach concession for each section shall
be awarded to the person who, having satisfactorily complied with
this article, appears to the Commissioners to be the person most likely
to render the best service to the Town and the citizens on the basis
of cost, application, negotiation, or past performance.
[Amended 12-12-1992 by Ord. No. 257; 2-12-1994 by Ord. No.
286; 5-13-2006 by Ord. No. 567; 2-14-2009 by Ord. No. 648; 2-17-2023 by Ord. No. 802]
All bids shall be for five summer seasons, to
provide required service daily from 10:00 a.m. to 5:00 p.m. (weather
permitting in the opinion of the Town Manager or Captain of the lifeguards)
and discretionary service from 9:00 a.m. to 10:00 a.m. and 5:00 p.m.
to 6:00 p.m.; said services are required to be provided from the Saturday
of Memorial Day weekend through September 15 and are discretionary
through the remainder of September.
[Amended 10-10-1992 by Ord. No. 244]
The Commissioners shall open all bids at a time
and date set by the Commissioners.
[Amended 5-13-2006 by Ord. No. 567]
Upon the default in payment as required or upon
abandoning his license, the Town Manager may hire another person to
complete the contract on such terms as he deems just, subject to the
approval of the Commissioners.
[Amended 2-12-1994 by Ord. No. 286]
The deposit accompanying the bids of the unsuccessful
person shall be returned promptly.
A.
The concessionaires shall be expected to maintain
their equipment in first class condition in such minimum quantity
as the Town Manager requires and shall employ and maintain courteous
and efficient service.
[Amended 5-13-2006 by Ord. No. 567]
B.
The failure to employ competent and courteous personnel
may be cause to terminate a license.
[Added 2-14-2009 by Ord.
No. 648]
C.
Any transfer or change in ownership, without having
first obtained the approval of the Commissioners at an official meeting
of the Commissioners, shall be cause to terminate license.
E.
The failure to comply with this section or other rules
and regulations adopted by the Commissioners shall be cause to terminate
license.
[Amended 5-13-2006 by Ord. No. 567]
All beach equipment shall be stored in structures
built according to specifications and design approved by the Town
Manager and placed in locations approved by the Town Manager.
Each person to whom a license is awarded under
this article for any beach section shall carry insurance for general
liability to the limits commonly known as $100,000/$300,000 for bodily
injury and $5,000 for property damage, and he shall, by accepting
the award of such license, agree to indemnify and hold the Town harmless
against any claim or loss whatsoever arising out of negligence or
misconduct on his part.
