[Adopted 3-4-2003 by Ord. No. 1432[2]]
[1]
Editor's Note: Ordinance No. 1857, adopted 12-7-2021, changed the title of this article from "Beach Stands" to "Beach Concessions."
See also § 330-1.1, Coffee and iced coffee concession on public beaches; and § 330-1.2, Ice cream concession on public beaches.
[2]
Editor's Note: This ordinance repealed former Art. III, Beach Stands, adopted 10-21-1978 by Ord. No. 720, as amended.
A concession contract may be made available for the operation of beach stands for the rental of beach umbrellas, beach chairs, cabanas (approved by the Chief of the North Wildwood Beach Patrol) and floatation devices (approved by the Chief of the North Wildwood Beach Patrol). The areas of the beach, as defined by § 138-1, which may be made available for the operation of beach stands will be those areas of the beach which, pursuant to resolution adopted in accordance with § 138-31, Council designates as being subject to protection by the North Wildwood Beach Patrol.
A. 
A concession contract periodically may be let out for public bid by auction pursuant to N.J.S.A. 40:61-1h and N.J.S.A. 40:61-36 et seq., all as amended from time to time. The award of the concession contract will be made to the highest responsible bidder therefor, after advertisement of the time and place of such letting, at least 10 days prior to receipt of bids, in such newspaper as has been designated as the City’s official newspaper, and upon such terms and conditions as the Mayor and Council may prescribe. Such terms and conditions may include, but not necessarily be limited to, insurance and hold-harmless requirements.
B. 
Upon the advertisement as aforesaid, the City Clerk will make available for inspection by prospective bidders copies of the concession contract and all related contract documents.
C. 
No concession contract may be let for a term exceeding five years.
D. 
Any beach concession contract auction conducted pursuant to this article shall be conducted between January and June of the year in which the concession contract is to take effect; however, upon award of the concession contract, the effective date of that contract will be deemed to be January 1 of the year in which the contract is awarded.
A. 
Any concession contract awarded pursuant to this article will be awarded to the responsible bidder bidding the highest amount in excess of any minimum bid amount that may be established by the Mayor and Council for the first year of the contract. The contract amount for each succeeding year of the contract shall be not less than 5% more than the contract amount of the prior year. The successful bidder shall pay 20% of the first year contract amount or $20,000, whichever is less, at the time of the auction and shall pay the balance of the first year contract amount by March 1 in the year of the auction or upon signing of the contract, whichever is later. Thereafter, during the term of the concession contract, 10% of the amount due for each year of the contract shall be paid on or before January 1 of the year due and the balance due that year shall be due on or before March 1 of the year due.
B. 
Failure to make timely payments in accordance with this article may be grounds for the imposition of such late fees as may be set forth in the contract documents. If default in the payment of rent occurs and is not cured within seven calendar days, Council, by resolution, may declare the contract terminated and the remaining term of the contract may be rebid. Upon rebid, no bid of the defaulting contractor will be accepted. Upon rebid, the Mayor and Council may establish a minimum bid amount. If, upon rebid, the sum of money to be received by the City is less than the total amount of money that was due for the entire remaining term of the contract which has been defaulted upon, the defaulting operator shall pay the difference to the City together with the expenses of advertising the rebid. The defaulting operator shall have no claim to any higher sum of money received upon the rebid. If an action is instituted by the City for the collection of the amounts due from the defaulting contractor, the City shall be entitled to collect, in addition to any amount owed under the terms of the contract, its attorney’s fees and costs.
C. 
In addition to the contract price, the operator of the beach stands also shall be responsible for obtaining a mercantile license and paying the fee therefor all in accordance with the provisions of § 292-1 et seq. of the Code of the City of North Wildwood, as amended from time to time. The beach stand operator also shall be responsible for the payment of a tourism development fee in accordance with the provisions of § 270-1 et seq. of the Code of the City of North Wildwood, as amended from time to time.
A. 
Beach stands may be used for the rental of beach umbrellas, beach chairs, cabanas (as approved by the Chief of the North Wildwood Beach Patrol) and floatation devices (as approved by the Chief of the North Wildwood Beach Patrol).
B. 
No more than a total of 20 beach stands shall be used at one time with no more than one beach stand being located in any one block at one time. No beach stand shall be located on private property or within 25 feet of any sand dune. No beach stand shall be located on a beach which, pursuant to the authority delegated to the Chief of the North Wildwood Beach Patrol under § 138-31, is not being protected by the North Wildwood Beach Patrol notwithstanding the fact that such area of the beach may have been designated by resolution adopted by Council pursuant to § 138-31 as a beach area subject to being protected by the North Wildwood Beach Patrol. Due to the continually changing size and configuration of the beach, nothing in this article or in any beach stand concession contract shall be deemed or interpreted as guaranteeing that the successful bidder on a beach stand concession contract will be able to use any specific number of beach stands or any beach stands at all. If beach conditions are such that no beach stands can be utilized, the contractor shall not be entitled to an abatement of the contract price because, by bidding on the beach stand concession contract, each bidder will be assumed to fully and completely understand and be aware that beach conditions, sizes, dimensions, locations and configurations continually and constantly change due to the forces of nature and that the City of North Wildwood cannot and does not make any representation as to the amount of beach area that will be available for use from year-to-year or even on any given day.
C. 
Beach stands shall be shed-type shelters approximately eight feet wide by eight feet long by seven to eight feet in height with gambrel roofs and constructed of stained or painted weatherproof plywood walls or similar material. The final construction of all beach stands shall be subject to the approval of the Chief of the North Wildwood Beach Patrol and City Engineer, which approval shall not be unreasonably withheld.
D. 
The beach stand operator shall be solely responsible for any utilities needed at the operator’s beach stand and also shall be solely responsible for any and all repairs to the operator’s beach stands.
The beach stand operator may supply and stock his/her beach stands by using motorized vehicles. The motorized vehicle shall enter the beach under the control and direction of the Chief of the North Wildwood Beach Patrol who shall have complete control over and when and where these vehicles can be operated on the beach. When conditions permit, motorized vehicles may stop near the beach stands for the purpose of loading and unloading supplies for the beach stands only. They may not otherwise park and must leave the beach when the loading or unloading has been completed. No vending of any goods or services or of any nature whatsoever shall be conducted from these vehicles. The speed limit for motorized vehicles on the beach servicing beach stands shall be 15 miles per hour.
A. 
The beach stand operator shall be responsible for the policing (cleaning up) of his, her or its beach stand locations and the area within 25 feet thereof in all directions, on a daily basis. In addition thereto, the beach stand operator shall remove all beach stands from the beach between October 1 and May 15 of each year to permit the City to make its annual cleanup of the beaches prior to the summer season. Failure to keep a beach stand location clean and failure to remove the each stand as required shall be grounds for revocation and termination of the concession contract without liability on the part of the City and shall further be grounds for failure to award the offending operator with subsequent concession contracts for the operation of beach stands.
B. 
When the operator signs and delivers his, her or its agreement to the City, he/she/it also shall supply a security deposit in the sum of $500 to be used by the City for cleanup at the end of the season, including reasonable expenses for removing the operator’s beach stands, in the event that the operator fails to do so by October 1 in each year of the contract.