Ord. No. 14-12 – Approved

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[ Code of Ordinances ]
Ord. No. 14-12 – Approved

ORDINANCE NO. 14-12

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA AMENDING CHAPTER 5, DIVISION 2. CONCESSION; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Town Code clearly sets forth the process to be used when awarding a franchise for a concession at the ocean beach and surrounding areas;

WHEREAS, requiring a fee from bidders when Florida Statute may exempt the bidder from paying a fee for a Business Tax Receipt (BTR) may cause bidder confusion and undermine the bidding process;

NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida, that;

SECTION 1. That Sec. 5-63 of the Code of Ordinances of Indialantic, Florida is hereby amended to read as follows:

Sec. 5 63. Procedure for issuance of franchise.

(a) When the town council shall, by ordinance or resolution, provide for one or more concessions on the beach, or on the streets or property adjacent thereto, the franchise for each concession shall be awarded to the highest or best responsible bidder determined on the basis of sealed bids.

(b) Invitation to bid shall be published in a newspaper of general circulation in the town one or more times not less than ten (10) days prior to the date for receiving such bids.

(c) The invitation to bid shall require that all bidders furnish complete personal histories, the names and addresses of one or more character references, and such further information as the council shall determine. The notice shall also require the deposit of the license fee applicable to the concession with the bid, which deposit shall be returned forthwith to unsuccessful bidders.

SECTION 2. That Sec. 5-64 of the Code of Ordinances of Indialantic, Florida is hereby amended to read as follows

Sec. 5 64. Duration.

Franchises to operate concessions on the public beach, or on the streets or property adjacent thereto, shall be limited to a time period of up to one year, and shall expire no later than the first day of October of each year. Any franchises issued by the town manager shall not exceed twenty-four (24) consecutive hours in duration. Franchises may be renewed on an annual basis by the town council.

SECTION 3. That Sec. 5-67 of the Code of Ordinances of Indialantic, Florida is hereby amended to read as follows

Sec. 5 67. Suspension or revocation of permit.

(a) Any permit issued under the provisions of this division may be suspended or revoked for failure to observe reasonable standards of safety and sanitation, or for a violation of a state law or any provision of this Code.

(b) A hearing shall be held by the council, upon not less than twenty four (24) hours’ notice, to determine whether cause, as provided in subsection (a), exists, and whether the permit should be suspended or revoked.

(c) The revocation or suspension of a permit hereunder shall also operate to automatically revoke or suspend the business tax of the permittee and no portion of the business tax or any other fees paid to the town shall be refunded.

SECTION 4. That the cross reference listed in Sec. 5-68 of the Code of Ordinances of Indialantic, Florida is hereby deleted.

Sec. 5 68. Business Tax required.

Concessionaires hereunder shall also be licensed in accordance with Chapter 9 of this Code.
Cross reference–License tax for beach concessions, 9 11(19).

SECTION 5. That Sec. 5-69 of the Code of Ordinances of Indialantic, Florida is hereby amended to read as follows

Sec. 5 69. Expiration of license terminates permit.

If the license tax a Business Tax Receipt is required and the required Business Tax Receipt fee has not been paid on the first day of October, the concession permit shall be deemed to have been terminated, and the operator shall be required to obtain a new permit from the council prior to obtaining a new license Business Tax Receipt.

SECTION 6. That Sec. 5-70 of the Code of Ordinances of Indialantic, Florida is hereby amended to read as follows

Sec. 5 70. Insurance required.

Before a concession license permit shall be issued, a liability insurance policy providing coverage of one million dollars ($1,000,000) per person/per occurrence, and a property damage policy providing coverage of fifty thousand dollars ($50,000) shall be purchased. Said insurance shall insure the concessionaire and list the town as an “additional insured” or “loss payee,” as the case may be. As a condition of issuance of the concession license, these policies must be continuously maintained in effect at all times during which the concession license is in effect. If at anytime the insurance shall be non-renewed or cancelled, the concession license shall terminate. All insurance shall be occurrence based in nature. Claims made insurance shall not be acceptable. All insurance shall have a deductible of no more than five thousand dollars ($5,000) and shall be issued by an insurance company approved to write insurance of the type required by this code in the State of Florida by the Florida insurance commissioner. The insurance company shall be rated as “A” or better by Best’s Rating Guide and have a financial quality rating of VII or better. To the extent feasible the insurance policy shall include a provision that the policy can not be non-renewed or cancelled without at least thirty (30) days’ prior notice to the town. The concessionaire shall also complete an agreement containing an indemnification clause in favor of the town, indemnifying the town for the concessionaire’s activities within the town pursuant to concession to be licensed permitted. A copy of such policy shall be furnished to the town clerk at the time of application for a license permit.

SECTION 7. Severability Clause. In the event that any term, provision, clause, sentence or section of this ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences or sections of this ordinance, and this ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence or section did not exist.

SECTION 8. Effective Date. This Ordinance shall be effective upon adoption.

Passed on first reading this __th day of ________, 2014 and on final reading this __th day of _______________, 2014.
TOWN OF INDIALANTIC

_____________________
David Berkman
Attest: __________________________ Mayor
Laura Eaton, CMC
Town Clerk