Subject:
Title
Request approval of a Memorandum of Understanding (MOU) between the Town of Vienna and Vienna Business Association for 2025 Oktoberfest.
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE: None
Each year, a Memorandum of Understanding (MOU) is required between the Town of Vienna and the Vienna Business Association (VBA) for the annual Oktoberfest. The Town and the VBA are continuing this very popular Oktoberfest event on Church Street. This year’s event is scheduled for Saturday, Oct. 4.
Three additional items have been added to this year's MOU (highlighted in yellow on attachment #2):
13. Local Taxes: The VBA is responsible for ensuring that all food and beverage vendors understand the new process and deadlines for paying the Flat Town Meals Event Tax. In addition, the VBA will provide the Town with a list of all food and beverage vendors, including business name, contact, address, phone number, and email. Businesses with outstanding meal taxes owed to the town will not be permitted to participate in the festival. The Town is responsible for collecting the meals tax and will make every effort to collect outstanding taxes.
22. Impacted Businesses: VBA will offer either a complimentary vendor space or charge a nominal administrative fee (no more than $50 per event) to businesses directly impacted by the closures (“impacted businesses”, which are hereby defined as businesses located inside event related street closures). The impacted businesses must opt-in on or before a deadline determined and communicated by the VBA each year to receive the discounted vendor space and must comply with the Vendor Policies and Guidelines. Event organizers will make every effort to position vendor spaces in front of or near the participating businesses, maintain accessible walking paths around parking lot aprons to the impacted businesses. Participating businesses must also commit to actively utilizing their vendor space to ensure it is not left empty during the event; otherwise, they will not be eligible for a discounted vendor space the following year.
23. As part of the Oktoberfest Event, the Town of Vienna will make outdoor seating and parking lot activations available to businesses directly affected by the event's road closures. Impacted property owners and businesses will be permitted to set up temporary outdoor seating and dining in their private parking areas during the event, even if prior approval from the Town of Vienna has not been obtained. These setups must be non-permanent, located on paved surfaces, maintain at least five feet of unobstructed pedestrian space for a continuous path to entry and exit points, and comply with all Fairfax County building and fire code regulations. Any temporary outdoor seating and dining must be removed no later than 24 hours from the conclusion of Oktoberfest. If the event organizer identifies a private commercial property that requires use during the event, a use agreement must be signed and included in the event plan.
Numbers 22 and 23 were added following meetings and dialogue with event organizers, impacted Town businesses, and relevant Town staff in an effort to more effectively support businesses impacted by event related road closures and to provide consistent support from event to event. The same changes have been made to the Viva Vienna MOU for 2025.
Strategic Plan Initiative: Vienna as a Complete Community.
Board or Commission of Interest: Town Business Liaison Committee
Departmental Recommendation: The Parks and Recreation Director recommends approval of the MOU between the Town of Vienna and Vienna Business Association
Finance Recommendation: N/A
Purchasing Recommendation: N/A
Town Attorney Recommendation: The Town Council may approve the proposed Memorandum of Understanding in its discretion.
Town Manager's Recommendation: I recommend the Town Council authorize the Mayor to execute the attached Memorandum of Understanding between the Town and Vienna Business Association for the 2025 Oktoberfest, as presented.
Cost and Financing: N/A
Account Number: N/A
Prior Funding Approval: Annual General Budget (Year), Amendments, CIP Budget (Year), or ARPA. N/A
Decision Needed by This date: Feb. 24, 2025
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to authorize the mayor to execute the attached MOU between the Town and Vienna Business Association for the 2025 Oktoberfest."
Or
Other action deemed necessary by Council.