Legal Question in Business Law in Georgia

Access to city park for events

I have a business liicence for my city. recently I was at my city's park with my legal vending truck. I sell soft ice cream from the truck. Another hard ice cream vendor was there. He paid a sponsorship fee. I was asked to leave because I had not. I asked if i could pay the fee and stay and I was informed no he had exclusive access to the park for all events. If I paid a fee I could get access for alternate events. The minimum fee is $500, but if i paid more i may be allowed exclusive access as well. I understand a fee for a space at an event or sponsorship fees giveing extra exposure through advertising etc. but this sounds like the more you pay the more you get protection from the city against competition. Shouldn't this be a function of free enterprise , if more people choose my product over the competitor so be it. But i feel i have legal right to the park at these events and am willing to pay a resonable fee for the space, but this sounds like bribery or racketeering to me iin the form it is being used as a sponsorship fee because its not the same fee for all with the same privileges


Asked on 7/29/07, 1:17 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Access to city park for events

It is not bribery or racketeering. The city absolutely has the right to charge for use of its parks when people are trying to make money of its use. As long as they are not discriminating against certain groups, they can control who uses their facilities.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 7/30/07, 9:00 am


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