12.21.240 Sale of Food, Drink and Merchandise in Park(s) and Recreational Areas.
(A) No person, firm, corporation, association or other group shall sell any food, food product or drinks of any kind in any City park(s) or recreational area(s).
(B) Exceptions.
(1) The Parks and Recreation Department of the City of Olathe may operate food and drink concessions in public park(s) and/or recreational area(s).
(2) Any miniature golf course or batting cage concessionaire.
(3) Any non-profit firm, corporation, association or civic group which has been granted a temporary concession license by the City Manager, or designee.
(C) Temporary Concession License.
(1) Temporary concession licenses may be granted by the City Manager, or his/her designated representative, for special events to any non-profit firm, corporation, association or civic group.
(2) Each non-profit, firm, corporation, association, or civic group desiring to apply for a temporary concession license as a concessionaire to sell food, drink or merchandise in any park(s) or recreational area(s) shall file an application therefor with the City Manager, or his/her designated representative. The application shall contain the following information:
(a) The name and address of the applicant. If the applicant represents an organization, then the applicant must also include the name and address of the organization, the name and telephone number of the chief officer of the organization, and if the organization is for profit or not for profit.
(b) The location where the applicant proposes to sell food, drink and/or merchandise.
(c) The types of food, drink or merchandise proposed to be sold.
(d) The reason for the request.
(e) A description of any buildings or equipment owned by the City and desired to be used by the concessionaire.
(f) The equipment which the concessionaire plans to use, including not only food preparation and food serving equipment but also any cart or building proposed to be used in the preparation.
(g) The prices proposed to be charged for the various items of food, drink and/or merchandise.
(3) Any non-profit firm, corporation, association or civic group receiving a temporary concession license under this section shall not change any part of the operation described in the application, including equipment, food or drink served, merchandise to be offered for sale, or prices, without applying to the City Manager or his/her designated representative for approval of the change and receiving approval of the change.
(4) Each concessionaire shall pay a temporary concession license fee prior to issuance of the license. Such fee shall be adopted by the Governing Body of the City by resolution.
(5) The licensee shall comply with all health rules, regulations and laws of the City, county and state concerning the sale and preparation of food and drink.
(6) Each temporary license shall be for a specified period of time which shall not be extended and shall not be transferable.
(7) The license may be denied or revoked by the City Manager, or his/her designated representative, for any of the following reasons:
(a) If a license was fraudulently obtained by giving false information on any substantial matter in the application;
(b) If the licensee has violated any of the provisions of this section or any other ordinance or any laws of the state relating to the sale of food, drink or merchandise; and/or
(c) For conducting business in an unlawful manner or in a manner constituting a breach of the peace or a menace to the health, safety and general welfare of the public.
(8) Any licensee aggrieved by the revocation of his or her license by the City Manager, or his/her designated representative, may appeal to the Governing Body. (Ord. 13-24 § 2, 2013.)