SALES AND SOLICITATION (CONCESSIONS) POLICY

 

I.            AUTHORITY AND PURPOSE

 

The concessions committee of the University of Maryland, Baltimore County (UMBC) is charged by the Vice President for Administrative Affairs with the responsibility for reviewing and regulating sales and solicitations in accordance with federal, state and county laws and regulations as well as University policies and procedures.  This authority does not include reviewing and regulating sales or services related to approved business activities which are operated or contracted by the University.

 

II.      GENERAL POLICY

 

It is the policy of UMBC to protect the health and welfare of the campus community by requiring the following groups to obtain Concessions Committee approval before selling or soliciting on the UMBC campus or at University-related off-campus or on-campus activities:

 

A.   Campus and Non-Campus Organizations

B.    Faculty, Staff, and Student Groups

C.    Individuals and Departments

D.   Business Enterprises

 

III.     COMMITTEE MEMBERSHIP

 

The Concessions Committee shall be a standing committee reporting to the Vice President for Administrative Affairs and chaired by the Associate Vice President for Administrative Affairs or designee.  Permanent membership shall include individuals from the Bookstore, University Center, Student Government Association, Food Services, Residential Life and Public Safety.  In addition, a faculty or staff appointment may be made on an annual basis by the Vice President for Academic Affairs and a student representative may be appointed on an annual basis by the President of the SGA.  A current membership list shall be maintained in the Office of Administrative Affairs or designee.

 

IV.        MEETINGS

 

The Concessions Committee shall meet the third Thursday of every month throughout the year.  The meeting schedule shall be maintained in the Office of Administrative Affairs or designee.

 

V.          DEFINITIONS

         

A.         “Concessions” are defined as activities involving soliciting, selling and panhandling (as defined in this policy) for gain or profit.

B.          “Campus Organization” is defined as a group which has been recognized and registered by UMBC in accordance with established procedures or, in the absence of this, by the President of the University or his designee.

C.          “Non-campus Organization” is defined as any group not covered above.  For purposes of this policy, all individuals are considered Non-campus Organizations.

D.         “Soliciting” is defined as asking for a donation or a contribution of monies, goods, or services.  Soliciting includes, but is not limited to: distributing or promoting through advertising materials; passing out literature; affixing posters or literature on bulletin boards as well as directly requesting donations or contributions from individuals or groups.  Posting materials on anything other than bulletin boards is prohibited as outlined in the Posting Policy.

E.          “Panhandling” is defined as soliciting money for individual or group benefit without the exchange of goods or services.

F.          “Selling” is defined as offering products or services in return for monies, goods or other services.  This includes raffles and games of chance.

 

VI.        REGULATIONS

 

All groups listed under General Policy must adhere to the following regulations:

 

A.         Campus organizations which sell alcoholic beverages must be properly registered through the Office of Campus Activities.  For appropriate procedures, refer to the UMBC Alcoholic Beverage Policy as revised and distributed by the Campus Activities Office.

B.          Campus organizations which make or prepare baked goods, homemade candy, crafts, art objects and the like to be sold by that organization must be properly registered through the Office of Campus Activities.  Selling may occur at no more than two locations on the campus at one time.  Such selling is limited to three consecutive days by any one organization.  Organizations must allow at least two weeks between activities.  Non-campus vendors are limited to three consecutive days on campus, no more than two times in one semester and at one location.

C.          In selling, soliciting or panhandling off campus, it is expressly forbidden for anyone to represent the University or to use the University’s name without written permission from the University’s Concessions Committee.

D.         The group shall adhere to all University, city, county, state and federal regulations and laws.

E.          The group shall indemnify, save and hold harmless the University, its agents and employees, from any and against all claims, demands, losses, damages, judgments or liabilities (including penalties and attorney’s fees) of any nature whatsoever which result directly or indirectly from any act, default, error or omission of the organization arising in connection with this policy.  The organization further agrees to assume, at its own expense, the defense of any of the aforesaid claims or any actions based thereon and reimburse the University for any loss, cost, damage or expense suffered or incurred by the University.

F.          Specific details of the activity, as listed below, must be provided in writing:

1.        Name of organization conducting/sponsoring activity.

2.        Purpose of selling or soliciting.

3.        Date, time, location and place of selling/soliciting.

4.        Manner of selling/soliciting.

5.        Additional information as may be requested by the Concessions Committee to enable it to make its decision

G.         Raffles or activities involving games of chance must be properly registered through the office of Campus Activities and must comply with all the regulations of that office as well as the regulations of this policy.

H.         Concessions which take place in non-public areas or which interfere with normal conduct of business are prohibited.

 

VII.      PROCEDURES FOR REQUESTING APPROVAL

 

A.         An organization whose proposed activity requires space must complete an Event Registration Form which is available from the University Center and receive a confirmation from the University Center for the date/time of the activity.

B.          An on-campus organization must submit a Concessions Application to the Concessions Committee at least two weeks in advance of the proposed activity.  A non-campus vendor must submit a letter 30 days in advance outlining their proposed activity.  Non-campus vendors must have an on-campus organization as their sponsor.

C.          After receipt of request, the Concessions Committee will render a decision as soon as possible.  At least three committee members shall be involved in the review required to render a decision.  A signed copy will be forwarded to the organization when a decision is reached.

D.         Appeal of a negative decision may be made in writing to the Vice President for Administrative Affairs/designee within five business days.  Appeals must contain all appropriate materials pertaining to the original request.  A copy of the appeal including the request and supporting documents shall be forwarded simultaneously with the notice of appeal to the Concessions Committee.  The decision of the Vice Preside/designee is final.

 

VIII.  ENFORCEMENT

 

Campus officials have the authority to request all groups to show their approved Concessions Applications.  Vendors not authorized to sell or solicit who persist in such activity, may be prosecuted under Article 27, Section 577A and 577B (trespass) of the Annotated Code of the State of Maryland, and other applicable statutes.  Students or student groups may also be referred to the University Office of Judicial Affairs.

 

IX.       POLICY REVIEW

 

The Concessions Committee may review this policy from time to time.  Proposed changes should be directed to the Chairman of the Concessions Committee, Associate Vice President for Administrative Affairs/designee.