Monterey Municipal Code Art. 7 Yellow Boat Concession

For the purposes of this Article, the term “Yellow Boat Concession” shall refer to two loading platforms adjacent to Wharf No. 2, as so designated on that certain plat map of Monterey Municipal Wharf No. 2, dated May 1956, and to areas inside Monterey Marina, as authorized by resolution of the City Council. (Ord. 3682 § 16, 2024; Ord. 3548 § 2, 2016. Formerly 17-49)

No person shall use the Yellow Boat Concession for berthing, or for loading and unloading of passengers, cargo, equipment or materials without first securing a permit from the Harbormaster. (Ord. 3682 § 16, 2024; Ord. 3548 § 2, 2016. Formerly 17-50)

The Harbormaster shall issue annual permits for use of the Yellow Boat Concession on the following terms and conditions or as otherwise established by City Council resolution:

a.Permits shall be issued to licensed passenger-for-hire vessels only and must be renewed annually.

b.The fee for the use of the Yellow Boat Concession shall be established by the City Council, by resolution. A delinquent fee of 10% per month shall be added to past due accounts. When permit fees are 60 days delinquent, the permit shall be void automatically.

c.The permittee must annually submit evidence of possession of all licenses, certificates, business licenses, permits, registrations or other similar documents required by law for legal operation of the vessel(s) which will utilize the facility. Permittees must provide a certificate of commercial general liability insurance coverage in an amount established by the City’s Risk Management Office. The certificate must list the City of Monterey as additionally insured and include a 30-day written notice of cancellation.

d.The use of the Yellow Boat Concession by each permit holder is limited to one vessel per day, on a nonexclusive basis, for loading and unloading purposes only. Use of the facility by permittees on a first-come, first-served basis and continuous use of the facility by one user shall not exceed 30 minutes without yielding to any waiting permit holder; permittees shall abide by all rules, regulations and laws of the City of Monterey while using the Yellow Boat Concession. Shared use of the Yellow Boat Concession is required unless precluded by physical limitations or valid safety concerns.

e.A parking management plan must be submitted by a Yellow Boat Concession applicant prior to issuance of the permit for review and approval by the Director of Community Services. This plan shall demonstrate that the parking requirements of the permittee will be met in locations other than on Wharf No. 2, and that the parking and/or traffic impact on Wharf No. 2 will be minimal. Violation of the terms of the parking plan, as approved, will be grounds for the cancellation of the permit. The requirement to obtain an approved parking management plan shall apply only to permits issued after adoption of the ordinance codified in this chapter.

f.It is the intent of the City that Yellow Boat Concession permits be actively used and not be inactive for periods of time. A permittee who does not operate in a 90-day period will automatically be subject to a review by the Harbormaster. For purposes of this section, “operate” shall mean that a minimum of 12 paying passengers have been carried during a 90-day period. Evidence of this minimum level of operation shall be provided upon the City’s request. Following nonoperation for a second consecutive 90-day period permit shall be revoked immediately upon written notification by the Harbormaster.

g.The Harbormaster may grant temporary permits, with such restrictions as deemed necessary by the Harbormaster and charge fees as established by City Council resolution, for use of the Yellow Boat Concession. (Ord. 3682 § 16, 2024; Ord. 3548 § 2, 2016. Formerly 17-51)

The transfer, assignment, or subletting of Yellow Boat Concession permits shall not be allowed, except in the circumstance wherein all of the assets of an operating business are sold or transferred to another. Such assets must include the charter vessel, which is operable, seaworthy and insured, all necessary equipment, and a customer list. Advance written consent must be obtained from the Harbormaster before the Yellow Boat Concession permit can be transferred to a new business owner. The City will not consent to any sale wherein it is only or primarily the Yellow Boat Concession permit that is sold.

For partnerships in charter businesses operating with a Yellow Boat Concession permit formed after the adoption of the ordinance codified in this chapter, the permittee of record must maintain at least a 51% interest in the business, continue to actively manage the business, and shall be the only person with whom the City will deal with for Yellow Boat Concession permit business. (Ord. 3682 § 16, 2024; Ord. 3548 § 2, 2016. Formerly 17-52)

A waiting list shall be established and maintained by the Harbormaster. The annual fee for placement on the waiting list shall be established by the City Council, by resolution. A revoked or forfeited permit will be offered to the first applicant on the waiting list. Acceptance of a permit must be indicated within 20 days of notification by payment of fee and execution of permit agreement. The Permittee must begin operation within 120 days of permit issuance. (Ord. 3682 § 16, 2024; Ord. 3548 § 2, 2016. Formerly 17-53)

Use of the Yellow Boat Concession shall be available to all persons possessing valid Yellow Boat Concession permits on an equal basis as conditioned here, with such uses normally conducted on Wharf No. 1 by passenger-for-hire concessionaires pursuant to Resolution 9000 C.S. prohibited. Allowable uses of the Yellow Boat Concession include scuba dive charters, sailing lessons, sailing cruises and the scattering of human ashes at sea. For sailing lessons, sailing cruises, and the scattering of human ashes at sea, the maximum passengers allowed per trip shall be 24 persons. Except for scuba dive charters, all other charter activity shall be allowed only from the Yellow Boat Concession or from within the Marina, if the Yellow Boat Concession is not usable. (Ord. 3682 § 16, 2024; Ord. 3548 § 2, 2016. Formerly 17-54)