§ 16-48. Commercial activity on public lands.

(a)

Permit, lease, etc. required. No person, firm, corporation, joint venture, partnership, or other legal entity shall directly or indirectly sell, rent, advertise, or promote property, real or personal, or conduct directly or indirectly any commercial activity of any nature or kind, including but not limited to the passing out of literature on or from any public land, public right-of-way, or public recreational area in the county without a permit, lease, contract, franchise, or qualified beach vendor certificate duly issued or executed by the board of county commissioners or their designee.

(b)

Preservation of public health, safety, etc. No permit, lease, contract, or franchise shall hereafter be issued for the commercial activities prohibited by this section unless the board of county commissioners or their designee makes a specific finding that the proposed activity will serve a public need and promote the public health, safety, or welfare.

(c)

Vendor eligibility. The minimum qualifications required to become a qualified beach vendor or public recreation area vendor are as follows:

(1)

The vendor or business shall demonstrate that a valid business tax receipt from the Okaloosa County Tax Collector's office or State of Florida has been obtained as required.

(2)

Vendor shall demonstrate procurement of adequate insurance(s) as specified by the Okaloosa County Risk Management Department.

(3)

Permits from appropriate local, state, and federal agencies shall be provided by the vendor as required.

(d)

Application for permit lease, etc. All applications for a permit, lease, contract, or franchise shall be filed with the board of county commissioners through the Okaloosa County Public Works Parks Division for consideration in accordance with paragraph (b), and shall include:

(1)

The name, address, and business affiliation of the applicant; and

(2)

A thorough description of the nature of the proposed activity; and

(3)

A statement as to why and how the proposed activity will promote the public health, safety, morals, or welfare; and

(4)

A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; and

(5)

A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved; and

(6)

A statement as to how the applicant intends to protect the county from liability for the proposed activity.

(e)

Consideration of application. The board of county commissioners or their designee shall consider the application as submitted and may grant or reject the same, or advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest.

(f)

Application for qualified beach vendor certificate and/or public recreation area vendor. All applications for a qualified beach vendor certificate and/or public recreation area vendor shall be filed with the board of county commissioners through the Okaloosa County Public Works Parks Division for consideration in accordance with subsection (b) of this section, and shall include all of the following:

(1)

$500.00 non-refundable application fee;

(2)

The name, address, and business affiliation of the applicant;

(3)

A thorough description of the nature of the proposed activity;

(4)

A statement as to why and how the proposed activity will serve a public need and promote the public health, safety, or welfare;

(5)

A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved;

(6)

A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved;

(7)

A statement as to how the applicant intends to protect the county from liability for the proposed activity;

(8)

Each applicant shall sign a statement stating they have read Ordinance No. 08-06 as amended and fully understand its contents.

(g)

Qualified beach vendor certificates and/or recreation area vendor shall be renewed annually. All qualified beach vendor certificates and recreation area vendor expire on December 31. Vendors shall apply to become a qualified beach vendor and/or recreation area vendor each year that they wish to conduct business on the public beach and/or public recreation area.

(h)

Consideration of application. The board of county commissioners or their designee shall consider the application as submitted and may grant or reject the same. The board of county commissioners maintains the right to advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest.

(Ord. No. 08-06, § 8, 3-18-08; Ord. No. 13-07, § 8, 1-22-13; Ord. No. 17-18 , § 5, 9-5-17)