Approve Updated Policy Relating to Non-programmed Activity as part of the Summer Concert Series

The City began programming concerts at The Draw (amphitheater and adjoining areas) beginning in 2010. In the following years the numbers of people gathered at the amphitheater continued to grow for these Thursday evening events.  As the numbers of patrons grew, differing interests saw this crowd as a 'captive audience' for their benefit, and began approaching patrons handing out flyers, coupons for businesses, with others also asking if they could set up table(s) to advertise and sell wares.  

At this same time, the Ramsey Foundation (in close association with the Park & Recreation Commission) was offering single entity sponsorships each week to raise money to pay for the performances.  Business interests and occasionally persons campaigning for political office continued to 'show up' and mingle with the people at the park and patrons seated in the amphitheater—with some more aggressive sales representatives literally stepping over people and weaving through the seating areas handing out swag, flyers and paper advertising.  This activity was clearly at odds with the intent of the concerts as a social gathering and place where residents could be free from distraction and being sold something—and perceived as an annoyance by some park patrons.

Finally, in 2014 it was determined that a policy to limit or regulate sales and solicitation at the concerts was needed to maintain the quality of experience for patrons at these events. In that the Foundation and Park & Recreation Commission collaborated and reserved the park primarily for the purpose of leisure and fun—a policy as described was developed such that it could be communicated to people 'showing up' or requesting to sell things, that this was not permitted at the Thursday evening concerts.  (It may be noted that there are many opportunities in the city where sales and advertising are permitted or encouraged, including at the Elmcrest Art Fair and Happy Days to mention two.)

 A policy was approved in 2014 by the Ramsey Foundation (the entity reserving the amphitheater) and acknowledged by the Park & Recreation Commission that same year.  The policy was an effective communications tool and reduced or eliminated the extraneous activity at the park for the benefit of residents attending the concerts.

Now that the Foundation is no longer conducting fundraising (concert sponsorships), and the performances are paid for directly by the city—it seems like a good time to update the policy 8 years after establishment, (and correct some details like mention of the Farmer's Market).  The first attachment is the proposed updated policy, with the second attachment the original policy.

No funding is required or implicated by considering this case.

On July 14th, 2022 the Park & Recreation Commission recommended City Council formally approve the updated policy that has been in effect since 2014. Staff also recommends approving the policy updates, such that staff can disseminate or communicate the policy provisions, whenever necessary.

Motion to approve the updated policy to Preserve Leisure and Quality of Experience for Park Patrons.