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#2 Action on financial gain request for Janesville Noon Lions Club to place gumball machines in various City buildings LEISURE SERVICES DEPARTMENT MEMORANDUM April 13, 2012 TO: City Council FROM: Shelley Slapak, Acting Recreation Director SUBJECT: Action on a Financial Gain Request from Janesville Noon Lions Club Introduction The Janesville Noon Lions Club, Inc. has submitted a letter requesting approval to place gumball type vending machines in the lobby of the following facilities: Municipal Building, Police Services Building, Fire Stations, Senior Center, Ice Arena and City Services Center. The Lions Club is a not for profit, tax exempt organization under IRS tax code 503(c)(4) for “civic organizations” as a serviceclub.According to Chapter 12.62, in section 12.62.02 of the Janesville Municipal Code, the City Council must approve all first time special event applications involving financial gain. Additionally, any new vendor requests for financial gain on City property should be reviewed by council. Attached is a copy of the application and letter of intent from Dave Welton, Janesville Noon Lions Club President. Background Previously, the Lions Club had a gumball machine in the entrance to the Police st Department when it was located on the 1 floor of the Municipal Building. Today, the Club has approximately 150 machines located in businesses throughout Janesville. The Janesville Noon Lions Club, Inc. has provided the Leisure Services Department with a special event application for financial gain activity within City facilities. As stated in their letter, the Janesville Noon Lions Club is dependent on community support and fundraisers in their efforts throughout the community, including several City facilities. The Janesville Noon Lions Club has invested significant funds and volunteer labor into City parks and facilities throughout the years, including Lions Beach and parkland between JPAC and Hedberg Public Library, among others. They plan to continue to invest in these projects, and have a continued need for additional fundraising opportunities, such as this request. Staff Recommendation Leisure Services has reviewed this request, and staff recommends the council provide direction. The City typically receives a percentage of “concession or vending sales” occurring in City facilities or on parkland. Due to the low projected revenue amount, staff feels a percentage of profit should not be required. The Lion’s Club plans to invest these funds in City property. Staff feels due to low pedestrian traffic at several City facilities, the machines should be limited to select sites, such as Police Services, Municipal Building, Central Fire Station, and the Senior Center. Additionally, the Ice Arena concessions and vending sales are under contract by the Youth Hockey Association. This request for the Ice Arena would have to go before the Youth Hockey Board for approval. While the intent is good, other 1 service clubs may wish to do similar fundraising efforts in City facilities in the future. Staff feels guidelines should be set for these types of requests. City Manager Recommendation This is a difficult request to provide a recommendation. On the positive side, the Lions Club has been an excellent partner to the City and in particular the City’s leisure services department over the years. We appreciate very much the partnership and hope for its continued partnering. However, on the other side, this would allow a private vendor to receive a partial financial gain by selling products at City facilities without any direct City benefit. The concern here is that the City traditionally receives some percentage of the proceeds when concessions are sold in City facilities and that would not occur in this situation. Under this circumstance and due to the precedence I cannot recommend approval. Possible Motion  I move to approve allowing gumball machines from the Lions Club in the municipal facilities with location determined by the City Manager’s office. Attachments Cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services 2