Concession for commercial inflatable craft tours.
Richmond, Va., City Code § 8-275
in effectSec. 8-275. - Concession for commercial inflatable craft tours.
(a) The Director of Parks, Recreation and Community Facilities shall have the power to grant concessions for the operation of commercial inflatable craft tours from designated areas of the James River Park.
(b) Before any such concession is granted, the Director shall give opportunity for competitive bidding therefor and shall grant the concession to the best qualified responsible bidder. However, the Director shall have the power to reject any or all bids and to order new bidding or to grant the concession to any person, whether a former bidder or not, without further bidding and, if no bids are received, to grant the concession to any person who can and will operate the concession in an efficient manner and in accordance with the terms and conditions of this section. The Director shall adopt rules and regulations for the operation of the concession.
(c) Each concession granted by the Director of Parks, Recreation and Community Facilities under this section shall be upon the following terms and conditions:
(1) The concessionaire shall pay to the City on an annual basis all rental income and all guarantees or percentages due. These payments shall be due, with a detailed report of such income, on or before the 30th calendar day following the end of each lease year. Instructions given in canoe and kayak handling shall be allowed, and no fee shall be paid to the City for this service.
(2) The concessionaire shall operate the concession in an efficient manner for the convenience and safety of the public and in accordance with such rules and regulations as are prescribed by the Director of Parks, Recreation and Community Facilities.
(3) The concessionaire will provide all of the equipment necessary and required by the Director for the efficient operation of the concession.
(4) The concessionaire will pay all license taxes assessed or assessable for the operation of the concession.
(5) Every person, whether a concessionaire or the agent or employee of a concessionaire, actually engaged in the operation of the concession will provide the Director with sufficient proof as may be required at any time of such person's fitness in terms of qualifications and experience to operate the concession. Whenever it appears to the Director that such person is unfit to do so, if such person is the concessionaire, the permit shall be revoked upon notice to that effect given the concessionaire by the Director; if the person is the agent or employee of the concessionaire, such person's services shall be dispensed with upon notice to that effect given the concessionaire by the Director.
(6) The permit issued shall be valid for a period not to exceed four years ten months and shall be consistent with City procurement laws, rules and regulations. However, it may be terminated by either the Director or the concessionaire at any time upon either the Director's giving to the concessionaire or the concessionaire's giving to the Director written notice of intention to terminate such permit and giving the reason therefor. The operation of the concession shall be unlawful and shall constitute a violation of this section after the termination date of such permit.
(7) The concessionaire shall indemnify, keep and hold the City free and harmless from liability on account of injury, damage or loss to persons and property growing out of or directly or indirectly resulting from the grant of the concession for commercial inflatable craft tours and the use of the City property for such purposes. If any suit or proceeding shall be brought against the City, at law or in equity, either independently or jointly with the City on account thereof, the concessionaire shall defend the City in any such suit or proceeding at the cost of the concessionaire. If a final judgment or decree is obtained against the City, either independently or jointly with the concessionaire, the concessionaire shall pay such judgment or comply with such decree with all costs and expenses of whatever nature and hold the City harmless therefrom.
(8) The concessionaire shall insure its liability under Subsection (c)(7) of this section and its liability for injury or death or damage to or loss of property in connection with the operation of the concession for commercial inflatable craft tours and the use of City property for such purposes by an insurance contract issued by an insurance company which has agreed to subject itself to the jurisdiction of the Circuit Court of the City, covering bodily injury and property damage combined in an amount of not less than $1,000,000.00 for each occurrence with an aggregate of $1,000,000.00. A deductible clause of not more than $500.00 will be permitted. The City shall be named as an additional insured under the insurance contract. Premiums chargeable for the insurance shall be paid by the concessionaire, and it shall be kept in full force and effect for the term or duration of the concession. It shall contain a provision that it shall not be canceled or terminated or otherwise allowed to expire prior to 30 days' notice in writing to that effect given to the Director. The insurance contract shall be approved by the City Attorney. The permit issued shall automatically terminate at any time the aggregate of $1,000,000.00 shall be reduced by claims to not less than $500,000.00. Further, failure by the concessionaire to obtain the bodily injury and property damage liability insurance required by this subsection or to fail to maintain such insurance coverages at all times during the full term of the concession shall cause the permit for such concession to automatically terminate, and all rights of the concessionaire under the permit shall come to an end in the absence of or upon expiration or termination of any of the required coverages without further notice from the City. Any further use of the designated areas of James River Park for the purpose of conducting commercial inflatable craft tours and canoe and kayak handling will be unauthorized.
(9) The Director may require any concessionaire, prior to the issuance of a permit, to furnish to and deliver to the City a corporate surety bond, in such amount as may be specified by the Director, conditioned upon the payment by the concessionaire of all sums of money due the City for use of City facilities by the concessionaire and for the repair or restoration of all property of the City damaged or destroyed as a result of or incident to the use of City facilities. The bond shall be approved as to form by the City Attorney. The concessionaire shall pay the cost of such bond, which bond shall be kept in full force and effect during the permit term. The bond shall contain a provision that it shall not be permitted to terminate or expire during the permit term and that it shall not be canceled during the permit term without 90 days' prior notice in writing furnished to the Director and to the City Attorney. Failure to keep in force the required insurance or surety bond, or both, shall constitute a default of the contract and shall result in termination upon notice of such failure.
(10) It shall be unlawful and shall constitute a violation of this section for any concessionaire to fail, refuse or neglect to comply in all respects with the terms and conditions of this section or rule or regulation promulgated pursuant to this section. Upon such violation, the concessionaire shall be subject to a fine of not less than $50.00 nor more than $150.00. Each violation and each day's continuance thereof shall constitute a separate offense.
(Code 1993, § 8-212; Code 2004, § 26-392; Code 2015, § 8-275; Code 2020, § 8-275)
Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=PTIICICO_CH8CINEREES_ARTVIIIUSPUGRPAPLPL_DIV1GE_S8-275COCOINCRTOFetched: 11/8/2026