HomeMy WebLinkAboutOrdinance 6664113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6664
File Number: 2023-715
AMENDMENT: §97.086 VENDING AND PEDDLING IN PARKS:
AN ORDINANCE TO AMEND THE TITLE OF CHAPTER 97 PARKS AND RECREATION TO PARKS,
NATURAL RESOURCES, AND CULTURAL AFFAIRS, AND TO AMEND § 97.086 VENDING AND PEDDLING
TO AUTHORIZE THE DIRECTOR OF PARKS, NATURAL RESOURCES, AND CULTURAL AFFAIRS TO
APPOINT A MARKET ORGANIZER TO COORDINATE VENDORS AT THE GULLEY PARK CONCERT
SERIES THROUGH DECEMBER 31, 2023, AND TO DECLARE AN EMERGENCY
WHEREAS, § 97.086 of the Fayetteville City Code allows sponsors and food trucks associated with the Gulley Park
Concert Series to sell food and other approved items; and
WHEREAS, the Director of Parks, Natural Resources, and Cultural Affairs recommends approval of an amendment
that will allow an appointed individual or community organization to help manage artists, makers, and craftspeople to
showcase and sell their work at the concert series.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the title of Chapter 97 of the
Fayetteville City Code from "Parks and Recreation" to "Parks, Natural Resources, and Cultural Affairs."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 97.086 Vending and Peddling
and enacts a replacement § 97.086 as shown in Exhibit A attached hereto.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should
become effective without delay to allow the makers market to be held at the first Gulley Park concert, which will occur
before the general effective date under Section 10.15 of the Fayetteville Code. The City Council finds that this is
necessary for the public peace as well as the health and safety of Fayetteville residents and, therefore, declares an
emergency exists such that this ordinance shall become effective immediately upon its passage and approval.
PASSED and APPROVED on May 16, 2023
Page 1
Ordinance: 6664
File Number.- 2023-715
Attest:
-;�Iax 1-1-la&i7
Kara Paxton, City Clz ' Treasurer
Page 2
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CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF MAY 16, 2023
CITY COUNCIL MEMO
2023-715
TO: Mayor Jordan and City Council
THRU: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs
Susan Norton, Chief of Staff
FROM: Joanna Bell, Arts and Culture Director —Parks, Natural Resources and Cultural Affairs
DATE:
SUBJECT: Vending in Parks Ordinance Update
RECOMMENDATION:
Staff recommends amending Chapter 97.086 Vending And Peddling to allow the Director of Parks, Natural
Resources, and Cultural Affairs to appoint a market organizer to coordinate and oversee the administration of
vendors approved to sell food, nonalcoholic beverages, and other approved items as a part of the Gulley Park
Concert Series.
BACKGROUND:
As the City of Fayetteville Parks, Natural Resources and Cultural Affairs grows programming to involve more
art activations, and as additional plans for more market activity in the Upper Ramble come closer, a series of
activations with the local maker community have presented themselves as a potential pilot program adjacent to
the Gulley Park Concert Series for the summer of 2023.
DISCUSSION:
The current vending and peddling chapter of the code allows for vending by sponsors and food trucks
associated with the Gulley Park Concert Series. The proposed change would permit the Director of Parks,
Natural Resources, and Cultural Affairs to seek assistance from an appointed individual or community organization
to help manage artists, makers, and craftspeople to showcase and sell their work at the concert series.
Staff proposes amending the code with a sunset date of December 31, 2023, to allow for a pilot period. By
piloting this during the summer concert series in 2023, staff will gain valuable insights into pairing markets and
concerts as envisioned for the Upper Ramble. The lessons learned this summer will help inform future
proposed changes that may be needed to Chapter 97.
Additionally, the department title throughout this subchapter of Article VI and at the beginning of Chapter 97
has been updated to reflect the department's name change, which took effect in 2022.
BUDGET/STAFF IMPACT:
None.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: EXHIBIT A - 97.086 - Vending And Peddling, Staff Review Form- Vending Ordinance
Update, 97.086 - Vending And Peddling - REDLINE
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
® City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-715
Vending in Parks Ordinance Update
AN ORDINANCE TO AMEND THE TITLE OF CHAPTER 97 PARKS AND RECREATION TO
PARKS, NATURAL RESOURCES, AND CULTURAL AFFAIRS, AND TO AMEND § 97.086
VENDING AND PEDDLING TO AUTHORIZE THE DIRECTOR OF PARKS, NATURAL
RESOURCES, AND CULTURAL AFFAIRS TO APPOINT A MARKET ORGANIZER TO
COORDINATE VENDORS AT THE GULLEY PARK CONCERT SERIES THROUGH DECEMBER
31, 2023, AND TO DECLARE AN EMERGENCY
WHEREAS, § 97.086 of the Fayetteville City Code allows sponsors and food trucks associated with the
Gulley Park Concert Series to sell food and other approved items; and
WHEREAS, the Director of Parks, Natural Resources, and Cultural Affairs recommends approval of an
amendment that will allow an appointed individual or community organization to help manage artists,
makers, and craftspeople to showcase and sell their work at the concert series.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the title of
Chapter 97 of the Fayetteville City Code from "Parks and Recreation" to "Parks, Natural Resources, and
Cultural Affairs."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 97.086 Vending
and Peddling and enacts a replacement § 97.086 as shown in Exhibit A attached hereto.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this
ordinance should become effective without delay to allow the makers market to be held at the first
Gulley Park concert, which will occur before the general effective date under Section 10.15 of the
Fayetteville Code. The City Council finds that this is necessary for the public peace as well as the health
and safety of Fayetteville residents and, therefore, declares an emergency exists such that this ordinance
shall become effective immediately upon its passage and approval.
Page 1
EXHIBIT A
97.086 Vending And Peddling
(A) General Prohibition of Selling in City Parks. No person or business shall within a city park sell anything.
(B) Exemptions.
(1) The city's regularly licensed concessionaires acting pursuant to the authority and regulation of the city are
exempt from subsection (A).
(2) Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages,
food and other approved items during an annual event.
(3) Sponsors of the Gulley Park Concert Series and other special events offered by the Department of Parks,
Natural Resources, and Cultural Affairs may sell food, nonalcoholic beverages, and other approved items
during the event when specifically approved by the Director of Parks, Natural Resources, and Cultural Affairs.
Approved merchandise may be sold at special events by performers and hosts if approved in advance by the
Director of Parks, Natural Resources, and Cultural Affairs.
(4) The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville
Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed
to the Botanical Garden Society of the Ozarks (if approved by the society) as shown on Exhibit A.
Farmers' Market at Lake Fayetteville Park
within Botanical Garden leased area
(5) Organizations the city directly funds, event sponsors and the non-profit Friends of Fayetteville Parks are
allowed at no charge to setup a table to distribute information at park events upon approval of the Director
of Parks, Natural Resources, and Cultural Affairs.
(6) The Director of Parks, Natural Resources, and Cultural Affairs is authorized to appoint a market organizer
to coordinate and oversee the administration of vendors to sell food, nonalcoholic beverages, and other
approved items as a part of the Gulley Park Concert Series. The provisions of this subsection shall expire on
December 31, 2023.
(C) Food trucks permitted pursuant to §178.05 may operate in City Parks as described below:
(1) Food trucks may not locate in the same area that is actively being served by a contracted
concessionaire as shown on Exhibit C during regular season Fayetteville Parks, Natural Resources, and
Cultural Affairs leagues and tournaments.
(2) Food trucks may locate at Gulley Park during a Gulley Park Concert or special event in other parks such
as tournaments, reserved park gatherings, etc. if approved by the Director of Parks, Natural Resources,
and Cultural Affairs.
(D) For special events, food trucks and sales of items other than food may be approved by the Director of Parks,
Natural Resources, and Cultural Affairs through a special event permit
Joanna Bell
Submitted By
City of Fayetteville Staff Review Form
2023-715
Item ID
5/16/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/26/2023 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends amending Chapter 97.086 Vending And Peddling to allow the Director of Parks, Natural
Resources, and Cultural Affairs to appoint a market organizer to coordinate and oversee the administration of
vendors approved to sell food, nonalcoholic beverages, and other approved items as a part of the Gulley Park
Concert Series.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Total Amended Budget
Expenses (Actual+Encum)
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$
Previous Ordinance or Resolution #
Approval Date:
V20221130
97.086 Vending And Peddling
(A) General Prohibition of Selling in City Parks. No person or business shall within a city park sell anything.
(B) Exemptions.
hThe city's regularly licensed concessionaires acting pursuant to the authority and regulation of the city are
exempt from subsection (A).
fhNonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages,
food and other approved items during an annual event.
hSponsors of the Gulley Park co;,eeFtSConcert Series and other special events offered by the the
Department of Parks, Natural Resources, and Cultural Affairs Parks and ReEreatien Department may sell
food, nonalcoholic beverages, and other approved items during the event when specifically approved by the
Director of Parks, Natural Resources, and Cultural AffairsParks and Recreation Department Director.
Approved merchandise may be sold at special events by performers and hosts if approved in advance by the
Director of Parks, Natural Resources, and Cultural Affairsthe Parks and Recreation Director.
hThe Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville
Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed
to the Botanical Garden Society of the Ozarks (if approved by the society) as shown on Exhibit A.
allowed at no charge to setup a table to diStFibute infOffnatien at paFk events upon approval of the Parks and
Farriers' Market at Lake Fayetteville Park
within Botanical Garden /eased area
(5) Organizations the city directly funds, event sponsors and the non-profit Friends of Fayetteville Parks are
allowed at no charge to setup a table to distribute information at park events upon approval of the Director
of Parks, Natural Resources, and Cultural Affairs.
(6) The Director of Parks, Natural Resources, and Cultural Affairs is authorized to appoint a market organizer
to coordinate and oversee the administration of vendors to sell food, nonalcoholic beverages, and other
approved items as a part of the Gulley Park Concert Series. The provisions of this subsection shall expire on
December 31, 2023.
(C) Food trucks permitted pursuant to §178.05 may operate in City Parks as described below:
(1) Food trucks may not locate in the same area that is actively being served by a contracted
concessionaire as shown on Exhibit C during regular season Fayetteville Parks, Natural Resources, and
Cultural AffairsParl(s and Recreation leagues and tournaments.
(2) Food trucks may locate at Gulley Park during a Gulley Park Concert or special event in other parks such
as tournaments, reserved park gatherings, etc. if approved by the Director of Parks, Natural Resources,
and Cultural Affairso-,d(s and ReCFeation Dare .too
(D) For special events, food trucks and sales of items other than food may be approved by the Director of Parks,
Natural Resources, and Cultural AffairsParl(s and ReGFeatien DiFerAeF through a special event permit
Gulley Park Concert Series Market Organizer Agreement
City of Fayetteville Staff Review Form
2023-0679
Item ID
n/a ARCHIVED
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Joanna Bell 05/31/2023 PARKS & RECREATION (520)
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff recommends executing an agreement to appoint Shelley Mouber and the NWA Makers Club as market
organizer to coordinate and oversee the administration of vendors approved to sell food, nonalcoholic beverages,
and other approved items as a part of the Gulley Park Concert Series.
1010.520.0710.5315
Account Number
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Total Amended Budget
Expenses(Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
General
Fund
Project Title
$ 131,440.00
$ 33,315.00
I$ 98,125.00
$ 4,950.00
$ 93,175.00
Previous Ordinance or Resolution # Ord. 6664
Approval Date: 06/02/2023
CITY OF
FAYETTEVILLE
ARKANS
ARKAAS
TO: Mayor Lioneld Jordan
STAFF MEMO
THRU: Alison Jumper, Director of Parks, Natural Resources, and Cultural Affairs
Susan Norton, Chief of Staff
FROM: Joanna Sheehan Bell, Arts and Culture Director
DATE: 05/31/2023
SUBJECT: Gulley Park Concerts Maker Market Organizer
RECOMMENDATION:
Staff recommends executing an agreement to appoint Shelley Mouber and the NWA Makers
Club as market organizer to coordinate and oversee the administration of vendors approved to
sell food, nonalcoholic beverages, and other approved items as a part of the Gulley Park
Concert Series.
BACKGROUND:
As the City of Fayetteville and Parks Natural Resources and Cultural Affairs grows programming
to involve more art activations, and as additional plans for more market activity in the Upper
Ramble come closer —a series of activations with the local maker community have presented
themselves as a pilot program adjacent to the Gulley Park Concert Series for the summer of
2023.
DISCUSSION:
At their May 16 meeting, city council enacted Ordinance 6664 which provides for a pilot season
of market activity as a part of the Gulley Park Concert Series for 2023. The findings from this
pilot season of programming will provide data to inform future policies for market organizers and
help create recommendations for additional policies for vending and peddling in parks like the
Upper Ramble.
BUDGET/STAFF IMPACT:
The agreement provides $990 per concert to the maker club to cover the staffing of the market
and the administration of the vendors. This will be funded out of the Arts and Culture Division
2023 budget.
Attachments:
SRF
Ordinance 6664
Agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
W4W
CITY OF
FAYETTEVILLE
ARKANSAS
SERVICE AGREEMENT
THIS AGREEMENT is made this 2nd of June 2023, by and between Shelley Mouber as a
representative of NWA Makers (hereinafter referred to as "Provider"), and the City of Fayetteville
(hereinafter referred to as "City").
SERVICES: The Provider agrees to curate and manage the set-up and execution of a "Mini Makers
Market" at 5 of the Gulley Park concert series dates (the "Services") during the summer season of 2023.
The Services include curating at least 8 and no more than 20 high -quality and unique Makers especially
matched to the event, managing the logistics surrounding these vendors, and engaging the Provider's
marketing resources to promote not only the Provider's involvement and the concert series itself. Dates
for programming will be June 8, June 15, June 22, July 6, and July 13, 2023. There will not be a mini -
makers market scheduled on Kid's Night, June 29, 2023.
COMPENSATION: In consideration for the Services to be performed by Provider, City agrees to pay
Provider a total price of $4,950 with payment of 50%following the first concert on June 80, and 50%
following the concert on July 13. This price shall cover all costs and expenses incurred in performingthe
Services. Payments will be remitted within thirty days of receipt of valid invoices.
TERM: This Agreement shall commence upon the date of execution hereof and shall continue in full
force and effect until the completion of the 2023 Gulley Park concert series, unless earlier terminated as
provided herein.
TERMINATION: Either party may terminate this Agreement upon 7 days' prior written notice should the
other party fail to substantially perform in accordance with the terms and conditions hereof. In the
event this Agreement is terminated by the City for any reason, the Provider shall be entitled to a final
payment or settlement in an amount equal to the percentage of the Services completed at the time the
Agreement is terminated as determined by mutual agreement between the City and the Provider.
INDEMNIFICATION AND LIABILITY: The Provider agrees to indemnify and hold harmless City, its officers,
officials, members, agents, and employees from any and all causes of action, suits in law or equity,
demands or claims, or from any liability of any nature arising out of the performance of the Services and
from any obligations made by the Provider or the Provider's agents and/or employees. All risks for
damages, theft, vandalism, and Acts of God in execution of the Services are the responsibility of the
Provider during any and all operations.
COMPLIANCE WITH LAWS: The Provider shall observe and comply with all applicable statutes, orders,
ordinances and regulations of the City, the County of Washington, the State of Arkansas, the federal
government and any other governmental authority having jurisdiction over the site or the Services.
MODIFICATIONS OF THIS AGREEMENT: No alterations, changes or modification of the terms of this
Agreement shall be valid unless made in writing and signed by all parties hereto.
NO WAIVER: No failure to exercise and no delay in exercising, any right, power, or remedy hereunder on
the part of the City or Provider shall operate as a waiverthereof, nor shall any single or partial exercise
of any right, power, or remedy preclude any other or further exercise thereof orthe exercise of any
other right, power, or remedy. No express waiver shall affect any event or default other than the event
or default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be
operative only forthe time and to the extent expressly provided by the City or Provider therein. A
waiver of any covenant, term, or condition contained herein shall not be construed as a waiver of any
subsequent breach of the same covenant, term, or condition.
CONTROLLING LAW AND VENUE: This Agreement shall be subject to, interpreted and enforced
according to the laws of the State of Arkansas. Jurisdiction and venue for any dispute shall be the Circuit
Court of Washington County, Arkansas.
ENTIRE AGREEMENT: This Agreement represents the entire agreement between City and Provider.
IN WITNESS WHEREOF, the undersigned hereunto set their hands and seals on the dates below.
PROVIDER
By:
Shelly Mouber
Date: 06/02/2023
ATTEST:
9y. Kara Paxton, Ci lerk-Treasurer =�� Fq yErrEVl1