Board approves vendor permits for Studebaker Park; legal flags ordinance 96.25 and recommends MOU review

The Elkhart Park Board on April 15 approved vendor permits allowing an ice-cream pushcart and a Mexican food truck to operate at Studebaker Park during soccer games in 2024, subject in some cases to legal review and insurance requirements. The board's decision followed prolonged discussion about a city ordinance that restricts sales in parks and about possible permit or memorandum-of-understanding (MOU) approaches. Park staff and legal counsel told applicants the event regulations for park permits include a prohibition on selling merchandise. Legal counsel, Rose Rivera, and park rangers cited ordinance 96.25 while discussing the applicants' options. Ranger staff read the ordinance language aloud: "no person in any park or park street shall exhibit, sell or offer for sale ... any object of merchandise ... except under a permit." Department staff and legal said an event permit, updated certificates of insurance and, if necessary, an MOU or other agreement could clear the vendors to operate for the season. One vendor said he had sold in parks previously and believed he had an earlier permit. Parks staff indicated that if applicants provide an event permit application and required insurance documents, the department could approve the request for the 2024 season and then review the underlying regulation for future consistency. Legal suggested approving the specific permits for this year to allow the vendors to operate while staff examines whether to revise the rule or set a consistent MOU process for repeat vendors. The board moved to approve the permits. Roll-call votes recorded yes votes from Bill Murray, Sarah Santero and Christopher Baker for the vendor permissions discussed in the meeting. Staff asked vendors to provide updated certificates of insurance listing the city as additional insured when required. Legal said longer-term solutions such as an MOU or a request to amend permitting rules could be pursued if multiple vendors seek similar authorizations in subsequent years. The board did not change ordinance 96.25 at the meeting; staff recommended further review of the regulation and potential development of standardized agreements for vendors selling food in parks.