Administrative Policy #5.12 - Guidelines for Commercial Vending, Commercial Activities, and Fundraising in City Parks and Recreational Facilities
Purpose
To establish guidelines regarding the use of City parks and recreational facilities for personal or organizational financial gain.
Scope
Applies to any individual or organization of any type that will be requesting money or item donations for an event or activity in any public park or recreational facility.
Applies any time a City park or recreational facility is used as a venue and money or item donations are requested for goods, services or the opportunity to participate, and all money and item donations are for the benefit of a person or group other than the City. Food grown and exchanged in City-owned community gardens is exempt.
The benefiting person or group need not be the original permit requestor and the collection of the money or items need not take place on park grounds. Some examples include: ice cream vendors, concerts where food donations are requested, races with entry fees, raffle tickets sold during a picnic, and a donation jar on a display table at a fair.
Definitions
- Concession, Commercial Vending, Commercial Activity: Undertaking and profiting by a specific activity. This includes, but is not limited to, teaching classes, selling goods, services, and fundraising.
- Fee: Payment due to the City.
- Public Park: an area of land owned or managed by the City, and set aside and maintained by the City, for the recreation and relaxation of the public.
- Recreational Facility: a facility maintained by the City for recreation of the public. For example: Osborn Aquatic Center, Corvallis Community Center, and The Majestic Theater.
- Selling: The transfer of ownership of goods, services, or opportunities for participation in exchange for money or items.
Procedures
Issuance of a Permit
- a. A completed and signed Concession Permit application will be required of anyone wishing to use any public park or recreational facility as a venue to sell any service, goods or opportunity to participate. A list of items/services to be sold or opportunities to be had and a description of equipment to be used must accompany the application. No permits will be processed without payment of appropriate fees. All Concession Permit applications shall be submitted to the Parks and Recreation Office at 1310 SW Avery Park Drive, Corvallis, Oregon 97333.
- b. In determining whether or not to approve a permit, the Department Director (or designated representative) shall take into consideration the number of such permits for similar concessions already in operation in any one location and the probable positive or negative effect on park or recreational facility users. It is understood a permit is not exclusive nor is it to be construed as a limitation on the City in granting similar rights, privileges, and authority to other persons, and the event is not granted any exception to existing City rules, regulations, and ordinances.
- c. The length of the concession activity must be of a limited duration, ranging from a few hours to three months. The permit shall be immediately revocable by the Department Director (or designated representative) if any requirements of this Procedure are breached
Rules and Regulations
- a. The City retains priority use of its facilities and reserves the right to reject all applications for commercial vending, commercial activity or fund-raising activities. The City further reserves the right to conduct concessions using its own staff or contractors.
- b. The concessioner holds the City harmless from liability for their activity and if there is substantial risk involved, as determined by the City Manager, the concessioner shall provide a certificate of insurance in accordance with City specifications, listing the City as an Additional Insured.
- c. Any approved concessioner must agree to abide by all applicable Federal, State, and local laws, rules, and regulations.
- d. All concessions must display a valid Corvallis Parks and Recreation Concession Permit when using a park or recreational facility for commercial vending or fund-raising gain.
- e. All concessions involving food must have an approved Benton County Health Department certificate, if applicable.
- f. Any activity or event associated with commercial vending or fund-raising gain in the park or recreational facility must not endanger persons or property or detract from the public’s recreational use or aesthetic enjoyment of the parks.
- g. The concession must only occur in locations approved by the Department Director (or designated representative) and authorized by permit.
- h. Utilities used by or for the benefit of the concessioner shall be paid for by the concessioner at a rate to be determined by the Parks and Recreation Department Director.
- i. Concessioner and all users associated with the concessioner including, but not limited to, their volunteers, staff, patrons, contractors, attendees, and visitors are required to abide by the City of Corvallis Administrative Procedure 10.07 Code of Conduct for Patrons at Parks and Recreation Facilities, Events, and Programs.
Agreements
An agreement will be used at any time when a request to use the park or recreational facility for commercial vending or fund-raising gain:
- a. Covers a period in excess of three (3) consecutive months in any calendar year
- b. Includes circumstances and/or risks that set a precedent
- c. Requires an exception to existing rules and regulations
Permitted and Not Permitted Activities
Examples of profit activities that may be permitted in designated areas of a park or recreational facility include, but are not limited to:
- a. Food/beverage that can be consumed in the park or recreational facility
- b. Apparel and other items associated with a specific event
- c. Paintings and handcrafted art items
- d. Small carnival games, usually as part of an event
- e. Flowers/vegetables/plants
- f. Footraces
Examples of profit activities that are not permitted in designated areas of a park or recreation facility include, but are not limited to:
- a. Garage or rummage sales
- b. Selling used cars or other large equipment
- c. Commercial activity of teaching group or private swimming lessons at Osborn Aquatic Center
Goals
Provide a venue for activities that complement the public parks and recreational facilities and provide a user-based revenue source to support the Parks and Recreation Department.
Review/Update
The Parks and Recreation Director will prepare this Administrative Procedure for review as needed for City Manager approval.
Last reviewed: 08-2021
