a.Permits shall be issued to licensed passenger-for-hire vessels only and must be renewed annually.

b.The fee for the use of the Yellow Boat Concession shall be established by the City Council, by resolution. A delinquent fee of 10% per month shall be added to past due accounts. When permit fees are 60 days delinquent, the permit shall be void automatically.

c.The permittee must annually submit evidence of possession of all licenses, certificates, business licenses, permits, registrations or other similar documents required by law for legal operation of the vessel(s) which will utilize the facility. Permittees must provide a certificate of commercial general liability insurance coverage in an amount established by the City’s Risk Management Office. The certificate must list the City of Monterey as additionally insured and include a 30-day written notice of cancellation.

d.The use of the Yellow Boat Concession by each permit holder is limited to one vessel per day, on a nonexclusive basis, for loading and unloading purposes only. Use of the facility by permittees on a first-come, first-served basis and continuous use of the facility by one user shall not exceed 30 minutes without yielding to any waiting permit holder; permittees shall abide by all rules, regulations and laws of the City of Monterey while using the Yellow Boat Concession. Shared use of the Yellow Boat Concession is required unless precluded by physical limitations or valid safety concerns.

e.A parking management plan must be submitted by a Yellow Boat Concession applicant prior to issuance of the permit for review and approval by the Director of Community Services. This plan shall demonstrate that the parking requirements of the permittee will be met in locations other than on Wharf No. 2, and that the parking and/or traffic impact on Wharf No. 2 will be minimal. Violation of the terms of the parking plan, as approved, will be grounds for the cancellation of the permit. The requirement to obtain an approved parking management plan shall apply only to permits issued after adoption of the ordinance codified in this chapter.

f.It is the intent of the City that Yellow Boat Concession permits be actively used and not be inactive for periods of time. A permittee who does not operate in a 90-day period will automatically be subject to a review by the Harbormaster. For purposes of this section, “operate” shall mean that a minimum of 12 paying passengers have been carried during a 90-day period. Evidence of this minimum level of operation shall be provided upon the City’s request. Following nonoperation for a second consecutive 90-day period permit shall be revoked immediately upon written notification by the Harbormaster.

g.The Harbormaster may grant temporary permits, with such restrictions as deemed necessary by the Harbormaster and charge fees as established by City Council resolution, for use of the Yellow Boat Concession. (Ord. 3548 § 2, 2016)