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Resolution 2012-02 RESOLUTION NO. 2012- 0 a. RESOLUTION APPROVING A REVISED VENDORS IN THE PARK POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed the importance of updating the United City of Yorkville Park and Recreation Department Vendors in the Park Policy, and WHEREAS, the text of the United City of Yorkville Park and Recreation Department Vendors in the Park Policy the City Council now desires to adopt is set forth on the attached Exhibit"A" which is incorporated herein, and WHEREAS, it has been determined to be in the best interests of the United City of Yorkville to repeal the previous Vendors in the Park Policy and adopt a revised policy titled Vendors in the Park Policy in the form attached hereto in Exhibit"A". NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Vendors in the Park Policy in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby adopted as the Vendors in the Park Policy and the previous Vendors in the Park Policy heretofore adopted by the City Council is hereby repealed in its entirety. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK Resolution No. 2012- Oc Page 1 �f �f CHRIS FUNKHOUSER DIANE TEELING LARRY KOT JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of "�ff'v&k , A.D. 2012. MAYOR Resolution No. 2012- Ocl Page 2 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT VENDORS IN THE PARK POLICY Park Board approved 1.19.12 City Council approved 1.24.12 TABLE OF CONTENTS Page Definitions 2 Request for Park Vending Permit 2 Reservation Fees 3 General Park Vendor Policy Use of Park 3 Bicentennial Riverfront Park Use 4 Available Parks 4 Vendor Rules 4 Additional Information 5 Application 6 1 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT VENDORS IN THE PARK POLICY The Vendors in the Park Policy has been established to describe the policies and procedures for identifying food, non-alcoholic beverage and other product vendor criteria and location per individual park, parkway or parking lot, and to maintain the quality and aesthetic appearance of the park, through safe and monitored park vending, governed by the Yorkville City Council as approved by the Park Board, within the guidelines of this policy and depending on the product either a "Certificate of Registration as a Mobile Food Vendor" or a "Certificate of Registration as an Itinerant Merchant." DEFINITIONS 1. Vending—an individual/operation/business selling food, non-alcoholic beverages or products in a City community park using a vending cart (non-motorized) 2. Park—a community park specified in this document as available for vending 3. Governmental or non-profit business- groups, organizations, or businesses that are not-for-profit 4. Business—an organization, group, individual or business 5. Vendor—Governmental or non-profit business or business approved to vend in City Parks RENTAL CATEGORIES Category A Government or non-profit business Category B Business REQUEST FOR PARK VENDING PERMIT 1. Businesses desiring to vend in the park shall complete the standard application for vendor reservation. Some parks and activities may be excluded from park reservations as determined by recommendations from the Park Board or Staff. 2. Reservation requests shall be approved beginning January 1St of each calendar year for vendors that have vended in City parks the previous year. Reservation requests shall be approved beginning January 15th for vendor that have not previously vended in City Parks. 3. Any business that wishes to vend in a park shall have an approved reservation permit prior to publicly advertising the use of the park. This includes one park or multiple park requests. 4. The permit license will be valid from January 1 to December 31. 5. At the time of application the type of food/beverage/product being sold must be indicated in detail on the reservation form. 6. The business will be required to submit the following with the application form: a. The business must apply for a Health Department Permit and provide a copy to the City. b. A certificate of insurance—co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation. c. A signed permit request form with the name and address of the person making the request. In addition, complete information regarding the use of the park or park amenities and acknowledgement/agreement to adhere to the park use policy. The Park Board or Staff may request additional information from the business if it is considered to be in the best interest of the City or necessary to make a decision regarding the use. 2 RESERVATION FEES 1. The United City of Yorkville may waive fees to schools, private groups or organizations in exchange of services or agreed upon arrangements. Waiver of fees must be approved by the Park Board. 2. Payment of Fees a. Reservation fees must be paid at the Yorkville Park and Recreation Department Offices and are due prior to receiving a vendor permit. b. Certificate of Registration as a Mobile Food Vendor or a Certificate of Registration as an Itinerant Merchant must be paid at City Hall. 3. No refund of fees will be granted without approval of the Park Board. 4. All fees are subject to change without notice. 5. No water or electrical access will be provided. 6. Payment of this fee does not provide the vendor with permission to vend at all City special events. An additional fee and permit may be required for an event. 7. If a park or park amenity is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition, the business shall be charged the amount necessary to cover the cost of the required maintenance and /or repair. 8. Fees are as follows: Year Permit Fee A-Non-Profit Fee B-For Profit Fee One Park (excludes Town Square or Riverfront Park ) $200 $300 Town Square Park $300 $400 Riverfront Park $500 $700 All Parks (includes Town Square and Riverfront Park) $700 $1,000 Day Permit Fee A- Non-profit (any park) $25 B- For Profit (any park) $35 9. Businesses vending at Bicentennial Riverfront Park shall pay 5% of the annual sum of the total adjusted gross receipts. Said payment shall be made prior to February 1 of the year following the vending permit expiration. GENERAL VENDOR POLICY USE OF PARK 1. All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. 2. Portable tents will not be allowed. 3. No equipment or permanent signage will be added or installed to the park. One sandwich board sign or banner attached to their cart per vendor is allowed. 4. No parking vehicles on sidewalks or grass areas in or surrounding the parks. 5. No grilling or open flames in the parks. 6. Businesses will be restricted from vending in the Park on certain, City-approved dates for events run by the City and/or other agencies. 7. No motorized vehicles shall be used for vending. 8. No motorized vehicles are allowed in the parks. 3 BICENTENNIAL RIVERFRONT PARK USE 1. All use of the whitewater course and dam bypass is governed by the signage on the property and in the water, and by boating and water regulations put forth by the State of Illinois. 2. Businesses will be restricted from selling in the Park on certain, City-approved dates for events run by the City and/or other agencies. 3. Vendors are not allowed to vend on the Concrete pathway adjacent to the Marge Cline Whitewater Chute. 4. No duplicate items will be allowed to be sold as the businesses at 131 E. Hydraulic or 301 E. Hydraulic. 5. Businesses vending at Bicentennial Riverfront Park shall pay 5% of the annual sum of the total adjusted gross receipts. See Reservation Fees#9. AVAILABLE PARKS 1. The permit allows the vendor to sell in any of the following parks: a. Autumn Creek Park A—5.9 acres b. Beecher Park— (playground area only) c. Fox Hill (West) —6 acres d. Rotary Park— 12 acres e. Riemenschneider Park—7.1 acres f. Steven G. Bridge Park—59 acres g. Town Square Park—2.5 acres 2. Vendor cannot sell in parks where a Yorkville Parks and Recreation Department Concession Stand exists during hours of operation.* Bridge: April —July, Mon. —Thurs.: 5pm — 10pm. Fri., Sat. & Sun. Sam — 10pm August - Nov. Mon. —Thurs.: 5pm — 10pm Beecher: April —July, Mon. — Fri. 4pm - 9pm, Sat. Sam —6pm *Hours subject to change. VENDOR RULES 1. One cart per business in one park at a time (cannot vend in 2 parks at the same time.) 2. Vendor must dispose of all trash and recyclables in the proper containers. Damage or excessive litter may result in a loss of park use and fees for clean up. 3. The Vendor is not allowed to sell in any shelter, gazebo, etc. in the Park. 4. The Vendor must have an authorized representative 21 years or older, sign a waiver and release form, which includes a hold-harmless clause and an agreement to be responsible for cleanup and possible damages. The representative also must remain on-site during the rental use. 5. The Vendor must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields (weather warning alarm system, and any other city guidelines that pertain to the use of City owned property.) 6. Vendors who sell items that have not been approved, who solicit customers outside of their approved vendor area, or who violate other City policies will be subject to warnings, temporary suspension, and/or complete revocation of their Park vendor license, at the complete discretion of the Director of Parks and Recreation. The Park Board will be notified of any violations. 7. The Vendor must adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES. Any violation of these policies can impact the current and future uses of all City Parks, fields and /or facilities. 8. The Vendor assumes all responsibility for the repair or replacement of damage as a result of misuse of the park, equipment or park amenities. 4 ADDITIONAL INFORMATION 1. The City will limit the number of same-product vendors in the park as determined by Staff or the Park Board. 2. Existing vendors will have first choice on park they vended in the previous year. 3. Some parks and activities/events may be excluded from park reservations as determined by recommendations from the Park Board or staff. 4. If the vending permit is denied, the business has the right to appeal to the Park Board. 5 STANDARD APPLICATION FOR VENDOR IN THE PARK UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Reservation requests shall be approved beginning January 1'of each calendar year for vendors that have previously vended in City Parks. Reservation requests shall be approved beginning January 15`h for vendors that have not previously vended in City Parks. Please indicate type of Group requesting use by checking the appropriate category: Category A Government or non-profit business Category B Business Applicant Name: Business Name: Contact Person: Address: Home Phone: Work Phone: Email: Permit is for(circle one): One park All parks If"One Park" is circled, please write park requested: List of all items to be sold by applicant: If the Park Board does not approve the mobile vending application for this park,would you like to be contacted about a different park?(Circle one) Yes No I have read and agree to follow and abide to the rules and regulations set forth by the United City of Yorkville,including the Park Rental and Use Policy and the Vendor in the Park Policy. Signed Date: In order complete the request,the following documents must be forwarded to the Recreation Department: 1) Application fee as listed in the agreement 2) Proof of City of Yorkville Certificate of Registration for Mobile Food Vending or Itinerant Merchant 3) Proof of Health Department Permit 4) Proof of Liability Insurance in the amount of at least$100,000 for general liability purposes, and which names the United City of Yorkville as additional insured under said policy,and indemnifies and holds the United City of Yorkville harmless against claims arising from vendor actions, and waiver of subrogation OFFICE USE ONLY Date submitted Reservation Amount Application approved or denied Date of approval/denial List of items approved to be sold by applicant List of items denied Addition information requested Location Assigned Term of vendor license Refund Requested 6