§ 8-55.1. Recreation concessions.

(a)

The city commission may grant concessions for recreational purposes on that portion of the city's public beach described in section 8-71 provided that the city commission finds that the proposed concession operation meets the following requirements:

(1)

The proposed concession operation promotes the recreational use of the public beach.

(2)

The proposed concession operation will have no adverse impact upon pedestrian or vehicular traffic.

(3)

The proposed concession operation will have no adverse impact upon accessibility and use of the beach by the general public.

(4)

The proposed concession operation will have no adverse impact upon marine life, air quality, water quality or vegetation.

(5)

The proposed concession operation will be compatible with the public's use of adjacent beach areas.

(b)

All proposed concessions approved by the city commission will be awarded on the basis of competitive bidding; however, the city commission may authorize a test period for a proposed recreation concession for a period not to exceed one (1) year without the necessity of competitive bidding.

(c)

No recreational concession authorized herein shall place a permanent or a temporary structure on the beach at any time between sunset and sunrise of the following day unless specifically approved by the city commission and unless such structure has all required permits.

(d)

Any person awarded a concession shall enter into a written agreement with the city providing for, among other things, the compensation to be paid to the city for said concession and for the provision of a certificate of insurance to the city satisfactory to the risk manager, such insurance to include comprehensive general liability coverage in such amounts as determined by the city's risk manager and naming the city as an additional insured. The agreement shall further provide that the concessionaire will indemnify and hold harmless the city for any damage to persons or property which might occur during or as a result of the operation of the concession. Under no circumstances shall the term of the concession agreement exceed five (5) years.

(Ord. No. C-90-54, § 4, 9-5-90; Ord. No. C-12-13, § 2, 5-1-12 ; Ord. No. C-15-20, § 1, 6-2-15 )