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(A) City Council is authorized to enter into franchise agreements with vendors on public property pursuant to state law which allows municipalities and counties to franchise public property to private concerns.
(B) The minimum bid amount shall be determined by City Council prior to publication of the request for bids. City Council may also require vendors to pay a percentage of their gross proceeds in addition to the amounts bid. The award of a franchise to a vendor shall be determined through the competitive bid process using the criteria set forth in § 36.17.
(C) (1) Each of the approved vendors shall enter into up to a five-year franchise agreement with the city, with City Council having the option to extend the franchise for up to an additional five years with an extension fee and/or re-negotiated franchise fee as set by Council if the extension is in the best interest of the city.
(2) Franchise agreements are contracts between the city and vendors. Once the terms and conditions have been negotiated, the agreements shall be placed on the City Council agenda for approval. Upon approval, the Mayor or Mayor's designee shall execute the agreements on behalf of the city.
(D) All vendors shall be restricted to staying within the areas of operation designated in the franchise agreements, except the personal watercraft vendors who shall be allowed to leave its designated location to launch personal watercraft in its assigned lane. In no other circumstances shall any vendor be mobile or allowed to operate outside his or her designated area. Vendors shall also be limited to the type of business set forth in the awarded bid. Vendors shall not vary or expand the services or products offered without re-negotiating the contract and without permission from City Council.
(E) Business types may not be combined for the bidding process. A vendor, however, may bid on two of the same types of franchise in the same area of public property.
(F) Vendors shall be responsible for clearing trash, debris, and any equipment from assigned areas as more fully set forth in the franchise agreement daily. Storage of equipment is permitted in unobtrusive containers approved by the Code Enforcement Officer as to location and appearance, or as negotiated in the franchise agreement. In the event of a tropical storm or hurricane, all storage boxes, equipment, or any other items used in the transaction of business must be removed 24 hours prior to forecasted landfall within 100 miles of Folly Beach. The Code Enforcement Officer has the power to require removal in his or her discretion based on other adverse weather conditions or tidal events.
(G) Franchise agreements shall not be sold or assigned to another vendor.
(H) Any violation of the above or violation of terms and conditions of the franchise agreement shall result in the revocation of the franchise agreement and vendor's business license. The City License Official shall send a written notice of the revocation to the vendor by registered or certified mail, return receipt requested and delivery restricted to the addressee. The vendor shall have ten business days from the receipt of said notice to submit a written Notice of Appeal to the Municipal Clerk of Council.
(I) Upon timely receipt of a notice of appeal of a revocation of a franchise agreement and business license, the Municipal Clerk of Council shall notify the Mayor or the Mayor's designee, and the item shall be placed on the agenda of the next regular City Council meeting whose agenda has not already closed. The Municipal Clerk of Council shall notify the applicant of the date and time of the hearing. A special meeting of City Council may be called in order to address the hearing of the appeal.
(J) On the date of the hearing, the City Council shall hear the appeal and shall determine whether a cause for revocation of the franchise agreement and business license exists. The Council may deny the appeal if it finds that cause for revocation exists.
(Ord. 29-19, passed 9-10-19) Penalty, see § 118.99