(A) The city recognizes the need to control vendors during the Mountain State Forest Festival (hereafter “MSFF”), does direct and ordain that the MSFF and the city together determine an appropriate method for the control of vendors during said festival to regulate, license and supervise vendors for the mutual protection of the public and MSFF.
(B) The city does authorize the MSFF to control vendors, subject to the terms and conditions hereof, during the time from the official opening of the MSFF until the close thereof, each year, pursuant to the following.
(1) The city does grant to MSFF, acting in a manner approved by its Board of Directors, the right to authorize, approve and control public vendors selling any manner of goods, including, but not limited to, food and drink for public consumption, purchased or delivered to vendors selling said products from booths, stands, trailers or other locations on a temporary basis, as opposed to those stores and places of sale that are a permanent outlet for products located within the city. Said vendors shall only be allowed to sell in compliance with the terms and provisions hereof.
(a) All vendors shall register with the MSFF for a license to sell as here defined. MSFF shall have, at the headquarters of the MSFF, application forms for a license, which shall be available at least seven days prior to the opening of the festival. The fee shall be paid at the time of the application and license issued not later then two working days following the license application.
(b) A license shall be issued approving said vendor, which shall be placed in a conspicuous location at the vending site, at all times available for inspection by officials of the MSFF or city officials.
(c) The vendor shall carry liability insurance in the minimum amount set forth by Council from time to time, and have, at the location of the vendor, available for inspection upon request, a declaration page or proof of insurance for general liability. The city or MSFF may, in its sole discretion, also cause the city or MSFF to be added as an additional insured on any such policy.
(d) All vendors handling food shall comply with all city and state health and sanitation regulations, including food handlers’ permits. There will be no dumping of grease or foreign substances within the city limits.
(e) MSFF shall, in compliance with this section, collect an appropriate fee to be determined by officials of the MSFF for a ten-day business license for each vendor, which shall expire at midnight on Sunday following the grand feature parade. The city and MSFF shall require a non-profit entity to meet all the requirements of this section, except the city or MSFF may waive fees for non-profit organizations.
(f) City police shall enforce the regulations herein provided and, upon request to the Chief of Police by a designated director of the MSFF, the Chief of Police shall take any such action as is authorized pursuant to this section, including, but not limited to, enforcement of the provisions of this section.
(g) The MSFF shall provide an accounting to the city of all receipts obtained from the sale of licenses to vendors pursuant to this section, excluding the license fees collected from vendors located in the city park, on Church Lane and in the MSFF craft show. The MSFF shall remit to the city 50% of the amount of all license fees collected pursuant to this section. Submission of license fees and accounting of license sales shall be submitted to the city within 45 days of the end of the festival.
(2) City police may, for good cause, terminate the right of any vendor not bearing a license meeting the terms and provisions hereof; or may terminate any vendor’s license who violates any city ordinance, rule or statute, or otherwise creates a hazard to the safety of the public.
(Ord. 005, passed 9-18-2003; Ord. 206, passed 4-7-2016) Penalty, see § 112.99