(A) Definitions. For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.
FOOD. Any item for human consumption. For purposes of this article, FOOD shall include any type of beverage.
PERSON. Any individual, group of individuals, firm, corporation, association, partnership or any other type of business entity, whether for profit, non-profit, charitable or philanthropic.
SERVICES. Any activity performed for a fee. This shall include the rental of goods to persons.
(B) Requirement for franchise agreement. It shall be unlawful for any person to sell food, goods or services at Veterans’ Memorial Park unless that person has been granted a franchise to sell food, goods or services at Veterans’ Memorial Park, or unless that person is exempt from the sales franchise requirement.
(C) Non-exclusive franchise. The Board shall approve by written resolution from time to time a non- exclusive franchise agreement authorizing the sales of food or goods or services at Veterans’ Memorial Park. Following the approval of an agreement, the Veterans’ Park Commission shall be authorized to execute such an agreement with any person desiring to sell food or goods at Veterans’ Memorial Park. The execution of the franchise agreement shall create a franchise. The Board may, from time to time, adopt any regulations governing the issuance of sales franchises for Veterans’ Memorial Park.
(D) Terms of franchise agreement.
(1) The franchise agreement shall provide for a term not to exceed one year.
(2) The franchise agreement shall provide for a franchise fee. The Board shall adopt a franchise fee by written resolution from time to time. The fee, when adopted, shall become and thereafter be a part of this article.
(3) The franchise agreement shall provide for payment of the franchise fee upon submission of a franchise agreement to the Veterans’ Commission.
(4) The franchise agreement may require a bond as an undertaking to insure compliance with this article and with other requirements imposed by law.
(5) The franchise agreement shall require that any person entering into a franchise agreement for purposes of selling food, goods or services at Veterans’ Memorial Park shall comply with all applicable federal state, and local laws and ordinances, and to show proof thereof.
(6) The franchise agreement may provide for collection of the franchise fee by the Veterans Memorial Park Commission.
(E) Administration of franchise agreement. The Veterans’ Park Commission shall administer the issuance of franchise agreements pursuant to this article. The Veterans Park Commission shall have the authority to revoke any franchise agreement of any person who violates this article, or any term contained within the franchise agreement subject to an appeal to the Board of Supervisors.
(F) Compliance with franchise agreement. A person operating under a franchise agreement as specified above shall comply with all conditions specified in the franchise agreement and all provisions of this article.
(1966 Code, § 2-24) (Ord. 741, § 1(part))