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a. In addition to the permits provided for in Sections 15.08.030 through 15.08.090 of this chapter, the property management committee may recommend "concession agreements" to city council. Such agreements may be with any person or profit or nonprofit organization for the conduct of a business in a city park or on a city plaza. For the purposes of this chapter, a "concession agreement" is an instrument by which the city and the person or profit or nonprofit organization agree that the person or organization shall provide a given service for the public at a park or plaza, or at a specified area in such park or plaza, or at more than one park or plaza, and shall have the exclusive right to do so upon the condition stated therein.

b. Prior to entering into any concession agreement, the property management committee shall have determined that the public, at a given such location or locations, should and can best be served by a single purveyor. It then shall advertise for expressions of interest in conducting such a business in at least two editions in two separate weeks in the city's official newspaper. Such advertisement shall advise applicants that they must, if selected, comply with all provisions of this chapter and with other reasonable provisions which are consistent herewith. No fee shall be charged for response to such request for expression of interest. All letters of interest received within the timeline set in such advertisement shall be considered by the committee.

c. If the number of letters of interest does not exceed the preestablished capacity of the specific site, then each respondent will be requested to complete an application for a permit as described in Section 15.08.040 and Section 15.08.050, and to pay a nonrefundable fee of fifty dollars, which fee shall be used to pay the cost of processing the application. If the applicant(s) meet the requirements of this chapter, a concession agreement(s) shall be prepared by staff for council consideration, and its decision thereon based upon the criteria of this ordinance shall be final.

d. If the number of letters of interest does exceed the preestablished capacity of the specific site, then each respondent will be requested to complete an application as described in Sections 15.08.040 and 15.08.050. After review of the applications by the property management committee, all completed applications shall become a pool from which applications will be drawn by lot by the property management committee until capacity is reached. The selected application(s) shall be the basis for concession contract(s) to then be prepared by staff and be submitted to city council for its consideration, and its decision thereon, based upon the criteria of this chapter, shall be final.

e. Concession agreements may be entered into by city staff for provision by nonprofit organizations of refreshments in connection with sports events which such organization conducts in any city park.

f. All concession contracts entered into under this section shall establish a fee, which may be a flat fee or may be a percentage of the gross proceeds therefrom, or such fee may be waived in the case of nonprofit organizations, as described in Section 15.08.050. Any such concession agreement may be revoked in the manner provided for revocation of permits by Section 15.08.090. (Ord. M-2480 §10, 1984)