As used in this chapter, 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 or pamphlets
of a commercial nature, advertising circulars, samples and handouts.
CONCESSION
A specific service(s) or product(s) to be made available
through the operation of a commercial activity on any street, sidewalk,
boardwalk or public right-of-way, or upon the public beach, or upon
any Town-owned lands within the Town of South Bethany.
PERSON
Includes any corporation, partnership, unincorporated association
or other business entity.
TOWN
The Town of South Bethany, Delaware.
Proposals shall be in writing on forms to be provided by the
Town Manager and delivered sealed in a secure envelope. 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 having
any ownership 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, that will be used
in providing the proposed concession.
E. List of Town facilities and/or equipment that would be utilized,
if any, by the concessionaire.
F. Applicant's relevant experience in providing the same or similar
concession(s), including references, and any additional information
that could help inform the selection decision.
G. The concession fee to be paid to the Town.
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 determined by the Town Council prior to requesting proposals under §
58-2 above. In either event, the notices inviting proposals shall so indicate.
If storage space is authorized by the Town Manager, concessionaires
shall store all inventory and 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 of their inventory and
equipment to a place of private storage at the end of each business
day. Details of storage space, if any, shall be specified in the written
confirmation and/or contract.
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 South Bethany and its officers, agents and employees as additional
insureds. All insurance policies shall require 30 days' written
notice to the Town of South Bethany prior to cancellation. By accepting
the award of such concession, the successful applicant shall agree
to maintain insurance and to indemnify and hold the Town harmless
against any claim or loss whatsoever arising out of negligence or
misconduct in the provision of the concession. Failure to provide
or maintain documentation evidencing the required types and amounts
of insurance throughout the term of the concession shall be cause
to terminate the concessionaire's permit.
Notwithstanding the provisions of this chapter, the Town Manager
may issue a temporary permit to any person, business or entity who
wishes to conduct a commercial activity in conjunction with any performance
or participation at a Town-sponsored event or activity, whether or
not such person is a concessionaire, subject to the following conditions:
A. The location, including the size of the area, which may be used for
the commercial activity, will be determined by the Town Manager;
B. Any and all products or services which may be offered for sale at
the Town-sponsored event or activity must first be approved for sale
by the Town Manager;
C. Any and all advertisements for products or services, which may be
offered for sale, must first be approved for use at the Town-sponsored
event or activity by the Town Manager;
D. The temporary permit shall be restricted in duration, and the Town
Manager shall determine what hours and/or days the permit will be
effective.
This article shall operate prospectively from the date of enactment,
but shall not affect any concession, license, or contract currently
in existence as of the effective date hereof until the expiration
of the then-current term of that license or contract.
Notwithstanding anything to the contrary in this chapter, in
the event that this chapter, in whole or in part, is declared or determined
by a judicial, administrative, or legislative authority (whether state
or federal) exercising its jurisdiction to be excessive, unreasonable,
unenforceable, void, unlawful, or otherwise inapplicable, the judicial,
administrative, or legislative order shall control the procurement
of concessions in the Town of South Bethany until this chapter is
amended.