Res 035-2009 3/3/2009 RESOLUTION NO. �
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING RESOLUTION NO. 2509, AS AMENDED,
WHICH ADOPTED THE RATE SCHEDULE FOR SALES IN PUBLIC
PARKS, TO EXCLUDE LOCAL NON-PROFIT ORGANIZATIONS FROM
SUCH RATE SCHEDULE UNDER CERTAIN CONDITIONS; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, Resolution No. 2509, as amended, adopted the rate schedule for
sales in public parks; and,
WHEREAS, under such resolution and its subsequent amendments, the City
receives a percentage of sales from all organizations holding events in public parks;
and,
WHEREAS, the City Council desires to exempt local non-profit organizations
from the requirements of Resolution 2509, as amended, when such organizations do
not reserve park facilities, effect sales, erect registration facilities, and/or engage in
sales of items in support of such entity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . Resolution 2509, as amended, is amended so that the Rate
Schedule for Sales in Public Parks (attached hereto) adopted by such resolution
includes the following:
"Loca/ Non-Profit Organizations Exempt
The rate schedule set forth herein shall not be applicable to those local organizations
classified as "non-profiY' under section 501(c)(3) of the Internal Revenue Code and
which do not reserve park facilities, effect sales, erect registration facilities and/or
engage in sales of items in support of such entity."
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 3� day of March, 2009.
TTEST: � M A Y O R
�
'ty Clerk
RATE SCHEDULE FOR SALES IN PUBLIC PARKS
Upon the City Council waiving Section 82-62 of the Code of Ordinances (which prohibits
the sale or offer for sale of any goods or wares within a park or playground), the City of
Wichita Falls shall receive the following percentage of gross sales from sales in public
parks (except as hereinafter set out):
1. All admission fees, registration fees, entry fees and/or donations in lieu thereof
collected in the park — 10% of gross sales.
2. Food and drinks — 16% of gross sales. These sales are allowed only in parks that
are not under contract with concessionaires at the time the waiver is made.
3. Any other merchandise sold during an event — 5% of gross sales. Other
merchandise is to include programs, works of art, clothing, amusements, etc.
Lessees shall sell only first-class commodities. Lessee shall complete the City of
Wichita Falls' concession report and file it with the Parks and Recreation Department no
later than the first Monday following the event, and pay the percentage of gross sales at
that time.
Waivers for Small Tournaments
When Section 82-62 of the Code of Ordinances is waived for a small tournament (being
one that includes only local and area teams within a 50-mile radius of Wichita Falls), the
City of Wichita Falls shall receive the following:
1. All admission fees, registration fees, entry fees and/or donations in lieu thereof:
Lessee shall complete the City of Wichita Falls' concession report and file with
the Parks and Recreation Department no later than the first Monday following the
event. If the total received for ticket sales does not exceed the total paid for park
rental, the City will not receive a percentage. If the amount received from ticket
sales exceeds the facility rental, Lessee shall pay 10% on the difference.
2. Food and drinks — 16% of gross sales. These sales are allowed only in parks that
are not under contract with concessionaires at the time the waiver is made.
3. Any other merchandise sold during an event — 5% of gross sales. Other
merchandise is to include programs, works of art, clothing, amusements, etc.
Local Non-Profit Organizations Exempt
The rate schedule set forth herein shall not be applicable to those local organizations
classified as "non-profit" under section 501(c)(3) of the INTERNAL REVENUE CODE and
which do not reserve park facilities, effect sales, erect registration facilities and/or
engage in sales of items in support of such entity.