§ 101.25. COMMERCIAL ENTERPRISES; SALE OR RENTAL OF GOODS OR SERVICES.

(A)

No person shall sell or offer for sale any article, thing, privilege or service within any park, recreation or municipal beach site without a permit from the Parks and Recreation Department, and no person shall do any begging, hawking, peddling or soliciting therein.

(B)

No person shall engage in any sale, exchange, barter, rental, lease or other transfer of goods, property or services whether tangible or intangible, on the municipal beach or on the area west of the municipal beach between the easternmost edge of the east curb of State Road A1A (Ocean Boulevard) and the west right-of-way line of State Road A1A (Ocean Boulevard), except pursuant to a nonexclusive license contract, as provided therein.

(C)

Any person desiring to engage in activity prohibited herein shall apply to the City Commission through the City Manager for the execution of a nonexclusive license contract.

(D)

In determining whether it shall grant a license contract, and the terms and conditions thereof, the Commission shall consider, but shall not be limited to, the following criteria:

(1)

Whether the proposed activity is consistent with the operation of the municipal beach as being noncommercial, recreational and relaxing.

(2)

Whether the activity is commonly associated with relaxing, noncommercial, recreational marine beaches.

(3)

The effect on the health, safety and general welfare of the bathers, swimmers and individuals using the beach.

(4)

The general public's demand for the proposed activity.

(5)

The extent to which the proposed activity would disrupt or interfere with the general activities on the beach.

The Commission shall place restrictions on the activity as it deems appropriate.

(E)

The Commission shall not permit, and nothing herein shall be construed to allow, the activity proscribed or prescribed herein to be conducted on any portion of the State Road A1A (Ocean Boulevard) right-of-way maintained by the State or its designees.

(Code 1980, § 17-22; Ord. No. 54-83, passed 8/9/83)

Cross reference

Penalty, § 101.99.