Rules for renting and running Spouting Horn concession stands

Description of Spouting Horn Concession Stands.The stall configuration and plot plan for the concession stands will be determined by the Director of Parks and Recreation via administrative rules.No water shall be permitted. The use of electricity may be allowed; provided the concessionaire covers all costs related to the concessionaire's electricity use.Parking stalls and loading zones within the Po'ipū Spouting Horn Park shall be made available to all concessionaires as determined by the Department of Public Works. The County Engineer shall install appropriate signs or markings, or both, identifying such parking stalls and loading zones.It shall be encouraged that the sale items at the concession stands be items made entirely or partly in Hawai'i.Award of Concession Contracts.The concession stands shall be subject to competitive bid individually by sealed bid of those persons qualified to bid as determined by the Director of Finance. The Director of Parks and Recreation shall establish the basis for the minimum upset bid for concession stalls in the Rules and Regulations Relating to the Use of Parks and Park Facilities By Peddlers and Concessionaires. Each concessionaire shall post a performance bond prior to being awarded a contract.The Director of Finance shall execute written contracts with the highest qualified bidders and otherwise follow the provisions of Chapter 102, Hawai'i Revised Statutes and the Rules and Regulations Relating to the Use of Parks and Park Facilities By Peddlers and Concessionaires adopted by the Department of Parks and Recreation under the operational policy set forth in Sec. 23-3.3. The Director of Parks and Recreation shall establish procedures for bidding, specifications for the contracts relating to operations, type of goods permitted for sale, structures and fixtures, maintenance, parking, signs, insurance, damage liability, sanctions for breach of contract and such other conditions as may be necessary or desirable for the orderly conduct of business that are consistent with rules and regulations developed under the operational policy set forth in Sec. 23-3.3. Said written contracts, procedures and specifications must be reviewed and approved by the Director of Finance and the County Attorney.New bidding shall be conducted for any vacancies. Concessionaires with existing concession stands may be permitted to bid, if it is deemed by the Director of Finance to not be to the detriment of the County of Kaua'i. Upon being awarded a new concession stand, such concessionaire shall surrender their existing concession stand. Bidding for said vacant concession stand shall follow the same rules as for new bidding as described herein.Concession Prohibitions.It shall be unlawful to engage in concession operations without having a valid concession contract.It shall be unlawful to transfer a concession contract without the approval of the Director of Finance.It shall be unlawful to violate any of the rules and regulations adopted pursuant to Sec. 23-3.3, or any of the conditions contained in the concession contract.It shall be unlawful to use water for concession operations.Penalty. Any person convicted of violating any provision under Subsection (c) shall be punished by a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00) for each offense.The Director of Finance is hereby authorized to establish and create a fund to be known as the parks and recreation improvement and maintenance fund. In adopting each fiscal year's budget and capital program, the Council shall appropriate any fees paid and collected pursuant to this Section to the fund, which shall be used for repair, maintenance, and improvement projects for parks and recreation facilities. The fees shall not be used for salaries and other personnel expenses. The fees in the parks and recreation improvement and maintenance fund shall not lapse at the close of the fiscal year.