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Except as hereinafter provided, it shall be unlawful for any person or entity to sell food, beverages or any other commodity in any city park or upon any property owned by the city except as provided herein:
(A) Any person or entity who wishes to sell food, beverages or any other commodity in any city park or on any property owned by the city (other than Elmer Kelley Stadium) shall on an annual basis file an application with the city on a form supplied by the city specifying the name, address, phone number and contact information for the applicant: whether the applicant is a non-profit or for-profit organization, and the date(s) and location(s) where the food, beverages, or other commodity are to be sold. No application will be approved unless the applicant has a valid business license to transact business within the city. All food and beverage sales shall be in compliance with all applicable health, food and safety laws, ordinances and regulations. The applicant shall be responsible for picking up and properly disposing of all trash and refuse, and repairing any damages caused to the city property at the conclusion of the event.
(B) All approved vendors shall pay unto the City of Madisonville the restaurant taxes due pursuant to Chapter 123 of the City of Madisonville Code of Ordinances.
(C) No wine and malt beverages shall be sold upon property owned by the city unless the applicant has obtained a special events license to sell wine and malt beverages as provided in Chapter 118 of the City of Madisonville Code of Ordinances and has paid all applicable fees relating thereto. The sale of wine and malt beverages shall be limited to events sponsored or approved by the city. The sale of wine and malt beverages and the consumption thereof shall be conducted within a defined area. No wine and malt beverages may be taken or removed from the restricted and defined area.
(D) Elmer Kelley Stadium. The Madisonville Miners or any other professional or semi-professional team which has entered into a written lease with the city for the use of Elmer Kelley Stadium may sell food and beverages including wine and malt beverages at the stadium on days when games are scheduled to be played. Any entity which has entered into a written lease with the city for the use of Elmer Kelley Stadium shall make a good faith effort to have a charitable or nonprofit entity or organization operate the concession stand for the purpose of selling food and beverages during the games. In the event the lessee is unable to enter into an agreement with a charitable or nonprofit organization to operate the concession stand, the lessee shall have the right to enter into an agreement with a person or a for-profit entity for the operation of the concession stand. The lessee shall solicit proposals from area food vendors. The lessee shall select the vendor which it believes will provide the best food and beverages at a reasonable cost to the public. The vendor shall be selected without discriminating against any person or entity on the basis of race, national origin, sex or sexual orientation, religious affiliation or any other protected classification. The for-profit entity operating the concession stand pursuant to an agreement with the lessee shall pay unto the city rent for the use of the facility of $25 per game day, the restaurant taxes due pursuant to Chapter 123 of the City of Madisonville Code of Ordinances and any fees owed on the sale of wine and malt beverages. The rent to be paid to the city shall be paid on or before the first and fifteenth day of each month. The operator of the concession stand shall obtain a business license from the city, and shall comply with all applicable health, food and safety laws and regulations. All wine and malt beverages sold at Elmer Kelley Stadium shall be sold in plastic or paper cups which do not contain any form of advertising relating to alcohol beverages. No wine and malt beverage may be taken outside of the stadium under any circumstances.
(E) Any person or entity selling wine and malt beverages in any city park or upon any city property shall be required to obtain and maintain in full force and effect during the sale thereof liability insurance in an amount of not less than $1,000,000 per occurrence and name the city as a co-insured thereon. A copy of the certificate of insurance shall be furnished to the city together with proof of payment of the premium due thereon.
(F) The Madisonville North Hopkins Baseball Team and/or its baseball booster organization may sell food and non-alcoholic beverages at the stadium on days when it plays games at the stadium. In consideration of improvements made to the stadium, no fees or restaurant taxes shall be charged.
(G) This section shall not apply to food trucks and other mobile food vendors which shall be covered by a separate ordinance.
(‘74 Code, § 19-7) (Ord. passed 6-18-73; Am. Ord. 2014-10, passed 10-6-14; Am. Ord. 2017-2, passed 5-1-17) Penalty, see § 95.99