(A) No business for profit will be allowed to operate within the confines of the town’s park.
(B) (1) The only not-for-profit vendors allowed to conduct business within the town park are those businesses that are being operated in conjunction with the not-for-profit organization’s activities. In addition, any not-for-profit organization that desires to operate a concession business must comport to the following rules and regulations prior to being issued a permit from the Town Council to operate their respective concession stands in conjunction with the activity of their organization being enjoyed by a not- for-profit organization.
(2) The permit to operate a concession stand shall be granted conditioned upon the following:
(a) The application for a concession permit shall be submitted in writing to the Town Council indicating the organization’s authority for the request and that it has been approved by the organization requesting the permit.
(b) The application shall show those parties that are responsible for the operation of the particular concession business.
(c) The not-for-profit organization shall submit a schedule of times they intend to operate their concession business within the town’s park.
(d) The organization and its principal sponsors or officers will execute an indemnity agreement holding the town harmless from any liability caused by the operation of the not-for-profit concession business. The hold harmless agreement must be signed on behalf of the organization and individually by its sponsors or officers.
(e) The concession business shall be the sole responsibility of the not-for-profit organization operating the same including the necessity of obtaining any and all food permits from the county and state, retail sales permit or any other license necessary to legally operate.
(f) The town is not endorsing the quality or safety of the not-for-profit concession business, but rather is disavowing any responsibility for the organizations’ businesses. However, the town retains the right to cancel a permit to operate a not- for-profit concession business at any time without notice to the organization or its officers or sponsors. Any party seeking a right to operate a not-for-profit concession business is specifically waiving the right to any notice of hearing or hearing on cancellation of its permit to operate within the Ellis Park.
(g) The right to operate a not-for-profit business concession in conjunction with the use of the facilities in the Ellis Park is the sole and absolute responsibility of the organization operating the business the same as any other citizen using the Ellis Park with the exception that the Town Council retains the right to require not-for-profit organizations to respect the park, its citizens, and the right of others to enjoy the facilities in the park of the town.
(Ord. 7-1982, passed 9-7-82)
(C) (1) Alcoholic beverages may be sold, consumed or distributed in the Blanton House and on the grounds of the Blanton House in accordance with the Alcohol Policy for the Blanton House adopted by the Park Board on June 12, 2001. If the Park Board discontinues the policy it adopted on June 12, 2001 or if it changes the policy to substantially reduce the level of restrictions on the use of alcohol at this location, the prohibition against the sale, consumption and distribution of alcoholic beverages shall again be applicable to that park property.
(2) The prohibition against for-profit businesses operating within the confines of the town parks shall not prohibit for profit catering businesses from providing services for functions held at the Blanton House.
(D) Alcoholic beverages are prohibited in Ellis Park.
(Ord. 15-2001, passed 7-16-01) Penalty, see § 10.99