§118.03  COMMERCIAL ACTIVITY ON THE PUBLIC BEACH.
   (A)   There are hereby designated two sections of the public beach, Section One and Section Two. No commercial activity is permitted in Section One or Section Two of the public beach except as expressly provided for herein.
      (1)   Section One is the area between 3rd West and 3rd East. The commercial activities allowed within Section One are as follows:
         (a)   Beach chair and umbrella rentals provided by vendors operating under a franchise agreement with the city. No more than two franchises shall be allowed.
         (b)   Personal watercraft rental vendors operating under a franchise agreement with the city. No more than one franchise shall be allowed. Personal watercraft rentals which shall meet the following standards:
            1.   The franchisee shall possess on-site proof of current registration (certificate of numbers) for each personal watercraft (PWC).
            2.   All employees shall be CPR certified, and the franchisee shall have an automated external defibrillator ("AED") on site. The vendor shall also have a safety plan in coordination with Charleston County Parks and Recreation lifeguards.
            3.   The vendor shall have one CPR certified employee with no additional responsibilities than to watch the watercraft from shore.
            4.   Watercraft shall be kept in safe working condition.
            5.   Failure to adhere to these standards will result in revocation of the franchise agreement and business license.
      (2)   Section Two is the balance of the public beach. The commercial activities allowed within Section Two are as follows:
         (a)   Beach chair and umbrella rentals provided by vendors operating under a franchise agreement with the city. No more than two franchises shall be allowed.
         (b)   Surf and paddleboard lessons and camps.
            1.   Surf and paddleboard lessons are limited to a maximum of five students. Lessons do not require a franchise agreement but must obtain permission from City Council and a business license annually. Permission from City Council will only be considered if proof of the safety standards and certifications of division (A)(2)(b)3. is presented to Council. Lessons must occur outside of Section One and the washout (1500 block) and do not have exclusive right to any section of the beach.
            2.   Surf and paddleboard camps involving more than five students must have a franchise agreement with the city. There will be a maximum of four surf camp franchises per year on the beach and two paddleboard camp franchises, with location determined by city staff in coordination with franchise holder. Camps must not exceed 40 students and can only operate between the hours of 8:00 a.m. to 1:00 p.m. Camps must comply with the safety standards and certifications of division (A)(2)(b)3.
            3.   All surf and paddleboard lessons and camps must adhere to the following safety standards.
               a.   Lessons and camps must have one instructor for every five students.
               b.   At least one instructor per ten students must be lifeguard, CPR, and first aid certified, with current certifications on file with the city. This certification requirement also applies to lessons, classes, and camps having less than ten students. There must be a first aid kit on site.
               c.   Each provider must carry liability insurance of at least $1,000,000 that names the City of Folly Beach as an additional insured.
               d.   Lesson and camp providers may not advertise on the beach, but franchise holders may have a tent no larger than ten feet by ten feet that includes the provider's name, logo, and contact information.
               e.   Failure to adhere to these standards will result in revocation of the franchise agreement and business license.
   (B)   Weddings and photography activities are allowed in Section One and Section Two and do not require a franchise agreement or City Council approval, but do require a current business license. However, these activities shall not interfere with the activities of approved franchisees.
   (C)   City Council may approve other lessons, classes, camps, or additional commercial activities in Section One or Section Two.
   (D)   A business license and all franchise fees as denoted in § 118.04 shall be paid and obtained by the business license application deadline as specified in § 110.04(C) before any commercial activity is conducted on the public beach.
(Ord. 29-19, passed 9-10-19; Am. Ord. 09-21, passed 4-13-21)  Penalty, see § 118.99