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HomeMy WebLinkAboutRES NO 11-90RESOLUTION NO. 11-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING THE POLICIES FOR THE OPERATION OFTHE CONVENTION CE~T~(FORMERLY CIVIC AUDITORIUM). WHEREAS, it is necessary to set policies governing the operation of the convention center; and and obsolete, policies WHEREAS, previous policies were set forth by ordinance; WHEREAS, such policies have become outdated and and it is found to be more appropriate to update such in the form of a resolution, as provided in Section 2.52.030 B. of the Bakersfield Municipal Code, which may be more easily amended from time to time, as conditions necessitate. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The "Rules for Operation of the Bakersfield Convention Center," marked as Exhibit "A," attached hereto and incorporated as though fully set forth herein, are hereby approved and adopted to govern the operations of the Bakersfield Convention Center. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on F£B ? 1~90 , by the following vote: AYES: COUNCILMEMBERS EOWARDS [,)~e~OND, SMITH, ;;;;,U;;;;;, PETERSON McDERMOTt, SALYAOOIO NOES; COUNCILMEMBERS ~/c ~' ~ ABSENT COUNCILMEMBERS ~ ABSTAIN: COUNCILMEMBERS ~o ~ CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield FEB ? I!kOo APPROVED CLARENCE E. MEDDERS Mayor of the City of Bakersfield APPROV~-~S~to form:: City iAttorq~y of ~/Se City of Bakersfield LCM/meg Attachment Exhibit "A" CONVEN. RES 11/1/89 EXHIBIT A RULES 'FOR OPERATION OF THE BAKERSFIELD CONVENTION CE~TF_~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19. 20. 21. 22. 23. 24. 25. 26 27 28 29 30 31 32 33. Definitions. Permit - Required - Form. Permit - Furnishing bond. Permit - Applications and preferences. Service furnished by City. Classification of usage - Computation of usage time. Authority of manager to fix rental classification. Establishment of commercial rental rates. Rental by schools. Ticket and account control of permittee when rental rate based on percentage of admission receipts. Conditions for free usage. Conventions. Occupancy for rehearsals. Permit for use of kitchen facilities. Concessions. Police permits - Inspection. Facilities covered by permit - Special facilities and extra services. General terms and conditions Conformance to rules and regulations required. General terms and conditions - Permit constitutes contract. General terms and conditions - Municipal use regulations. General terms and conditions - Deposit of moneys received. General terms and conditions - Manager's authority to contract or cancel. General terms and conditions - Rental payment regulations. General terms and conditions - Liability insurance. General terms and conditions Compliance with laws and ordinances. General terms and conditions - Police and fire protection required. General terms and conditions - Record maintenance and filing. General terms and conditions Right to enter by City representatives. General terms and conditions Permittee's responsibility to pay taxes. General terms and conditions - Responsibility for compliance with copyright regulations. General terms and conditions - Hanging decorations prohibited. Radio and television broadcasts. Refunds on advanced rental deposits. 1. Definitions. For the purposes of these rules, the following words shall have the meanings set forth in this section: A. "Convention Center" or "Bakersfield Convention Center" means the auditorium and related facilities of the City, or any portion or facility thereof, located between Truxtun Avenue and Fifteenth Street and between "N" and "P" streets in the City. B. "Concessions" means the use and occupancy of the Convention Center for the: ].. Sale or dispensing of programs, librettos, periodicals, books, magazines, newspapers, soft drinks, flowers, tobaccos, candies, food, novelties, or related merchandise; 2. Taking and/or selling of photographs; provided, however, that the term "concessions" does not include the sale of merchandise or products which are a part or directly related to an authorized display or exhibit for which a fixed rental is otherwise charged under this chapter; 3. The sale or dispensing of sandwiches, doughnuts, coffee and milk; provided further, however, that said dispensing of said named foods does not include the giving away without consideration of food products which are the subject matter of any particular convention or the free offering of any food products to the delegates of any particular convention. C. "Gross receipts" means the entire receipts or revenue derived from the issue of the convention center or any part or facility or concession thereof, without deduction for any expenditure or any cost of operation or other expense or cost of service, but excluding therefrom, receipts for federal, state, county, or city admission taxes, excise taxes, or sales taxes. D. "Manager" means the convention center manager appointed by the City, and whenever said term is used in this chapter, it shall be understood to mean such person, except where the context requires a different meaning. E. "Permit" means the written, typewritten, or printed permission issued to an applicant by the convention center manager, or his authorized assistant or subordinate, under 2 the authority and conditions as provided in this chapter, and means and includes any amendment or supplement to such permit. F. '~Permittee" includes any person, firm, association, organization, partnership, business trust, company or corporation holding a valid permit issued by the Convention Center Manager. 2. Permit - Required - Form. A. No person may use the convention center without first having obtained a permit in writing to do so from the manager. B. Permits for the use of the convention center or any part or facility thereof shall be issued by the manager on printed forms which have been signed by the manager. C. The manager may, at his discretion, require a deposit at the time of the issuance of the permit, or at any time prior to the staging of the event that he may designate. D. The manager shall require the permittee, or applicant for a permit, to provide any information necessary to determine facilities, arrangements, and any special services necessary to the staging and proper management of any event scheduled in the convention center. E. The manager may require that the information be set forth in the form of a written application prior to the issuance of a permit or at such time before the staging of the event as the manager may deem necessary. 3. Permit - Furnishing Bond. A. The manager may, at his discretion, require any person applying for a permit to use the convention center to furnish a bond co~nensurate with the risks and city expense involved, in cash or with sureties satisfactory to the manager, guaranteeing that applicant, if granted a permit, will well and faithfully perform each and every term and condition of the permit, and will abide by and observe all lawful rules and regulations for use of the convention center as established by the manager or prowLded by resolution or any ordinances of the City. B. Every bond furnished by an applicant as provided in this section shall be subject to the approval of the City Attorney as to form. 3 4. Permit - Applications and Preferences. A. In all cases where the applicant seeks rates other than the full commercial rental charge as set forth by executive order, the manager shall require the filing of a written application, in such form as the manager may prescribe, prior to the issuance of a permit. The applicant shall include all information necessary to the justification of the special rate sought. B. Preference for the use of the convention center shall exist only in favor of the applicants who apply for the use at the basic rental charges, and shall not exist in favor of an applicant who applies for the use thereof at any lesser rate. 5. Service Furnished by City. A. Rental of the convention center shall not entitle the permittee to any personnel service in connection with the staging of the event or attraction for which the permit is issued; provided, however, that the manager may, at his discretion, furnish, at no extra cost to the permittee, the services of those employees of the city who are regularly employed as a part of the convention center staff, but such services shall not include extra services as set forth in the executive order establishing a schedule of rentals. B. The permittee shall reimburse the city for or pay the salaries of, all other employees required in connection with the event or attraction, including the salaries of all stage employees, spotlight operators, projectionists, ticket sellers, ticket takers, ushers, cashiers, doormen and guards. C. Whenever persons who are not regularly employed as a part of the convention center staff are retained by the manager to provide casual services for events or attractions at the convention center as stage employees, spotlight operators:, projectionists, ticket sellers, ticket takers, ushers, cashiers, doormen, guards, additional setup and cleanup people, etc., they shall not be subject to the ordinary hiring and terminating procedures pertaining to regular or temporary employees of the city, but shall be retained in accordance with administrative rules and regulations established specifically for that purpose. 4 6. Classification of Usage Time. Computation of Usage A. The classification of usage shall determine the amount of all convention center rentals. B. The period of each occupancy shall be computed from the time the lights are turned on until they are turned off and/or by the total time during which the permittee occupies any hall or other facility of the convention center to the exclusion of another event or attraction as the manager may determine. 7. Authority of Manager to Fix Rental Classification. The classification of any use of the convention center, or any part or facility thereof, for the purpose of determining the rental therefor shall be made by the manager and his decision with regard thereto shall be final for all purposes. 8. Establishment of Commercial Rental Rates. All iees and charges for and regulation, products and services shall be as set forth by executive order of the Bakersfield City Manager. 9. Rental by Schools. A. The manager may grant permission to use the convention center or any part or facility thereof, to any public school district or to any parochial school of similar educational standards. B. Any such use of the convention center shall be subject to the following terms and conditions: 1. In the case of an application for the use of the convention center by a public school, the application must be approved in writing by an authorized official of the school upon order of the board of education of the school district making the application. If the application is made by a parochial school, the application must be approved in writing by the executive head thereof, or by some other authorized officer upon the order of the controlling board thereof. 2. The event or attraction must be a regular school function or a recognized extracurricular activity sponsored directly by the school itself and not by any outside agency. 5 10. Ticket and Account Control of Permittee When Rental Rate Based on Percentage of Admission Receipts. A. ]in connection with any use of the convention center upon a percentage basis, the manager shall have the right, whether or not such right is expressly mentioned in the permit, to prescribe the form of tickets, accounts, records, and reports that shall be used by the permittee in staging the event or attraction and in accounting for the gross receipts thereof, and at any and all times make, by himself or by his authorized representative, such investigation or inspection of any or all of permittee's tickets, accounts, records, and reports as may, in his opinion, be required for the purpose of verifying the amount of such gross receipts. B. Whether provided in the permit or not, the permittee shall secure all admission or other tickets from a bonded ticket printJ. ng company meeting with the approval of the manager and shall direct that said ticket company transmit the ticket manifest directly to the manager. C. Samples of all passes and the number of passes which may be issued must meet with the approval of the manager, and if passes are issued in excess of the number authorized by the manager, the permittees shall be required to account for the unpaid admissions in excess of the approved number of passes, as though the full admission charge has been paid therefor. 11. Conditions for Free Usage. The manager may grant permission to use the convention center or any part or facility thereof, without charge, to any reputable person or organization, when such use shall not conflict with other events or attractions for which a rental is received, for purposes which, in the opinion of the manager, are purely patriotic or civic in nature or to meet some public necessity, subject to the following terms and conditions: A. 9?he event or attraction must be of city-wide interest and scope and must not be sponsored entirely to further the interests of any individual organization or group. B. No admission charge may be made nor any collection taken. C. ]in the event that extra services are required, these services shall be subject to terms as set forth in Section 2.52.230. 12. Conventions. A. The manager may grant permission to use the convention center to any corporation, association, club, or society during an international, national, state or regional convention session thereof which is a convention of record as recorded by or in the files of the International Association of Convention Bureaus, or with the Bakersfield Convention Bureaus, at such rental as said manager may, at his discretion, determine, including granting of a permit for use of the convention center without any rental charge being made or paid. B. Where any special service or equipment is necessitated, the convention shall be required to pay the special service charges established in accordance with Section 2.52.230, or as may be decided upon by the manager at the time of usage, said charges to be itemized and rental paid therefor immediately and in any case not later than thirty (30) days from the close of the convention event. 13. Occupancy for Rehearsals. A. A permittee, other than a permittee who is granted the use of the convention center without payment of rental, shall be entitled to one full rehearsal, practice or drill of not more than four consecutive hours, without additional cost, the date and hours of which shall first meet with the approval of the manager and shall be subject to cancellation by him upon twenty-four hours' notice. B. Subject to the same approval as to date and hours and subject to the same right of cancellation, occupancy for additional rehearsals (whether dress rehearsals or otherwise) may be permitted at such charges as may be fixed by the manager, but in no event less; than the amounts set forth in the schedule of extra charges kept on file with the manager. 14. Permit for Use of Kitchen Facilities. The manager may issue permits for the use of the kitchen facilities in the convention center in accordance with the following special provisions relating to such permits. No use of such kitchen facilities shall be made unless a permit has been issued thereof in accordance with such provisions. 7 A. No permit shall be issued to other than a caterer or an eating establishment duly licensed to engage in such business in the city. No permit shall be issued to engage in such business in the city. No permit shall be issued to a caterer or duly licensed eating establishment who or which does not possess the requisite permits, licenses, and credentials required for service of food, as determined by the manager. B. By his acceptance of a permit to use the convention center kitchen facilities, a permittee agrees to adhere to the "California Restaurant Act," as provided in the State Health and Safety Code. C. Any permit issued pursuant to this chapter shall provide that the permittee shall quit the convention center kitchen at the expiration of the time provided in the permit and that he shall leave the kitchen facilities in the same condition as before his use thereof, except for ordinary wear and tear under the circumstances. Each permittee shall reimburse the city for any loss or damage to kitchen facilities and equipment, and shall pay the cost of any cleanup service rendered by the convention center staff. D. A permittee shall not sublease or assign the permit or any portion thereof without written permission of the manager. Any purported sublease or assignment made without such written permission shall be invalid. E. 1. Each permittee shall keep and hold harmless the city from any and all claims, demands, and causes of action which may be asserted, maintained, or established against the city and/or any of its officers, agents, or employees, for death, personal injury, or property damage suffered by any person, real or artificial, arising out of the permittee's use or operation of the convention center kitchen facilities or in his rendition of any service in connection therewith. No permit shall be issued unless the permittee as an insured has procured and unless he shall agree to maintain in full force and effect during the period of use covered by his permit, a policy or policies of broad form commercial general liability insurance for bodily injury, including death of one or more persons, property damage and personal injury. The policy or policies shall cover the following hazards in the following minimum amounts: a. Bodily injury including death and personal injury liability: i. Each person, one hundred thousand dollars ($100,000); ii. Each occurrence, one million dollars ($1,000,000); iii. Aggregate products, one million dollars ($1,000,000). b. Property damage liability, one hundred thousand dollars ($100,000). c. Workers' compensation with statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000) per accident. 2. All policies required shall be primary insurance, and city's insurance, if any, shall not contribute with it. All policies shall contain an additional insured endorsement in favor of city, its Mayor, Council, officers, agents, employees and volunteers. The workers' compensation policy shall contain a waiver of subrogation endorsement. 21. Unless the policy or policies of insurance are maintained in full force and effect, a permittee shall have no rights or privileges under such a permit. Such policy or policies shall be issued by a company authorized in this state to issue such policies. The permittee shall submit such proof concerning his insurance coverage as may be required by the manager. 15. Concessions. A. All concessions shall either be retained by and operated under 'the supervision of the manager, or operated by a permittee authorized by the manager. B. 9?he manager may make recommendation to the city council to contract with a person, or persons, for the use of a concession, or concessions, on the basis of: percentage of gross receipts; or 2. A flat monthly or single event rental basis. 16. Police Permits Inspection. A. Each rental of the convention center or a part or facility thereof, shall be construed to cover all fees for municipal permits or licenses including police permits, for the doing of any act within the convention center and solicitation of exhibitors to exhibit therein. any ordinance of permittee. If any event requires a police permit under the city, such permit must be obtained by the 17. Facilities Covered by Permit - Special Facilities and Extra Services. A. The rental charges in the resolution establishing schedules or charges shall cover only the use of the convention center and are not as and for or in lieu of charges for special facilities and extra services provided for or mentioned in subsection E of this section. B. Regardless of the classification of use, where such special facilities or extra services are used or rendered, an additional charge to be determined by the manager shall be made. C. These charges shall be based upon a schedule of extra charges which shall be kept on file with the manager. D. The list of charges will be kept current by the manager and subject to the approval of the city council. E. The following are the special facilities or extra services for which an additional charge shall be made: For public address system; outside amplification, as part of any regular interior usage; for any additional equipment necessary to play any recordings over the auditorium amplification system, or for supervising any installation required for the purpose of broadcasting any convention center program over any radio or television station or for tuning in on any radio or television program, which it is desired to broadcast over the convention center amplification system; for special seating arrangements; for use of forklift and operator; for change in seating arrangements; for special mechanical or electrical connections and equipment; for janitor work beyond the usual hours; for erection of platform and stands other than those usually furnished and for decorating and installation or removal of fixtures. 10 18. General Terms and Conditions Rules and Regulations Required. Conformance to All lessees, permittees, licensees, concessionaires and/or their agents and/or employees shall at all times conform to all rules and regulations for the use and occupancy of, and operations in, the convention center, as adopted, issued and/or ordained, from time to time, by the City Council or the manager, and any violation of such rules and regulations by any of the foregoing persons mentioned in this section shall, at the discretion of the manager, subject such violator or violators to immediate expulsion from the convention center and the forfeiture of all rents, percentage, or other fees theretofore paid, and without releasing in any manner any obligations for the payment of the rents, percentages, or other fees required to be paid under such permit for the full term thereof. 19. General Terms and Conditions - Permit Constitutes Contract. A. No verbal agreements for the use of the convention center or any part or facility thereof shall be binding upon the convention center management or upon the city. B. The permittee shall accept the permit issued by the manager for any use of the convention center or any part or facility thereof, and such permit, when so accepted, shall constitute the contract between the city and the permittee, which contract shall be subject to approval of the manager, and as to the form thereof shall be approved by the City Attorney. 20. General Terms and Conditions Municipal Use Regulations. Nothing contained in Sections 2.52.210 through 2.52.370 shall be construed to prevent the use of the convention center or any part or facility thereof for municipal purposes, subject to the approval of the manager; except, however, when an admission fee is charged or revenues accrue from such municipal usage or other privileges of any character operated by or under the authority of representatives of the city, the manager shall collect out of the gross receipts, or any other revenues therefrom, and pay over and deposit with the treasurer of the city, not less than an amount equal to the actual operating and gross overhead expense incidental to such usage, as computed by the manager, nor more than the maximum rental rates and other charges as prescribed by this chapter. 11 21. General Terms and Conditions - Deposit of Moneys Received. All moneys received as rental for the convention center shall be paid over and deposited by the manager to and with the city treasurer. 22. General Terms and Conditions - Manager's Authority to Contract or Cancel. A. The manager is authorized to contract in writing for the rental of the convention center on behalf of the city, subject to the provisions of the Bakersfield Municipal Code. B. The city may cancel the contract of any person or organization as to the use of any portion of the convention center when such person or organization, in the opinion of the manager or city council, is not acting for the best public interests. 23. General Terms and Conditions Rental Payment Regulations. A. All rentals for the use of the convention center shall be paid prior to the occupancy of said convention center by the permittee. B. The manager, at his discretion, may designate the length of time prior to the staging of any event in which these payments shall be made. C. In cases where the rental involves the payment of a stipulated percentage of gross receipts in lieu of the flat rental rates provided for in this chapter, the manager shall determine the amount of the advance deposit, but in no case shall the manager permit the occupancy by the permittee until not less than the minimum !guarantee, plus the cost of any special facilities or extra services which can be determined or estimated in advance by the manager, has been paid. D. ]if for any reason any permittee cancels or fails to hold a scheduled attraction, without the written approval of the manager, or in case any permittee fails to make the necessary payments as provided in this chapter, all moneys previously paid by the permittee as a deposit or rental shall become the property of the city and shall not be refunded. 12 24. General Terms and Conditions Liability Insurance. A. By his acceptance of a permit as provided in this chapter, the permittee shall covenant and agree to relieve and discharge the city and the officers and employees of said city from any and all liability for loss and/or injury and/or damages to any person and/or persons and/or property that may be sustained by reason of the occupancy and the use of said convention center and of the facilities thereof, and to hold them free and harmless therefrom; and every permittee shall further agree to pay for any and all damage to said convention center and damage to or loss of any of the property and/or equipment of said convention center and/or any other city property, resulting, either directly of indirectly, from such occupancy and/or use of said auditorium, by or through the negligence and/or other acts of permittee, his agents and employees or any person or persons participating in or attending the performance, attraction or affair in connection with or during said use and occupancy. The manager shall also require that such permittee secure and indemnify the city, and such other persons as they shall designate, against any and all such liability, loss, injury, and damage, by procuring, paying for and keeping in force a policy of broad form commercial general liability insurance for bodily injury, including death, of one or more persons, property damage, personal injury in the amount of $1,000,000 per occurrence, which said policy of insurance shall be written and issued by a reputable and solvent insurance or surety company, as the case may be, authorized to do business in the state, and such policy or bond shall be subject to approval as to form thereof by the city attorney of the city. B. Permittees shall procure, pay for and keep in force, Workmen's Compensation insurance with statutory limits and employer's liability insurance with limits of not less than $1,000,000 per incident, for and on behalf of, and protecting, the agents and/or employees of such permittee. 25. General Terms and Conditions Laws and Ordinances. Compliance with Permittees of said convention center, their agents and employees, shall at all times strictly comply with and abide by all laws and ordinances, federal and state municipal, and applying to or affecting the use and occupancy of said convention center now in force or which may hereafter be in force. 13 26. General Terms and Conditions Police and Fire Protection Required. Every permittee shall furnish or pay for such police and fire protection as may be required by the manager during the occupancy of such permittee, and if any permittee fails or refuses to furnish police or fire protection satisfactory to the manager, the manager may furnish the same and charge the cost thereof to the permittee. 27. General Terms and Conditions - Record Maintenance and Filing. A. 9?he manager shall maintain proper records of all space reserved and services rendered. B. He shall also file with the city auditor copies of such receipts, invoices and other financial documents as the city auditor may require. 28. General Terms and Conditions - Right to Enter by City Representatives. The manager and other duly authorized representatives of the city shall have the right to enter the convention center, and all parts thereof, at all times during any and all convention center occupancies. 29. General Terms and Conditions Responsibility to Pay Taxes. Permittee's Payment of all federal, state, county and city taxes in connection with any attraction shall always be the liability and responsibility of the permittee; however, if the manager deems it advisable for the protection of himself and the protection of the city, he may have the authority to collect all such taxes and pay them over to the proper representatives of the state, federal or other units of government. 30. General Terms and Conditions - Responsibility for Compliance with Copyright Regulations. A. No copyrighted musical compositions of the members of the American Society of Composers, authors and publishers or any otlher copyright owners, shall be played or sung in connection with any use of the convention center or any part or facility thereof, either amplified, televised, or otherwise, and either in the form of a mechanical recording or personal rendition, unless the sponsor of the program has first paid any 14 license fee or other fee required by said society therefor, or other copyright owner, and the permittee shall furnish satisfactory evidence of such payment to the manager prior to such program. B. By his acceptance of his permit as provided in this chapter, the permittee shall covenant and agree to indemnify the city and the officers and employees of the city, and to save them free and harmless from any and all liability or responsibility whatsoever for infringement of, and/or other violation of, the rights of said society, or any other copyright owner, under any copyright law. 31. General Terms and Conditions - Hanging Decorations Prohibited. Except as authorized by the manager, the hanging of pictures, banners, or any other decoration or anything on walls or draperies within the convention center is prohibited. 32. Radio and Television Broadcasts. In any application for a permit, every permittee shall state whether he intends use of broadcast or telecast over any radio or television system any event or program or speech for which a permit is sought. 33. Refunds on Advanced Rental Deposits. A. Refund of advanced rental deposits may be authorized: 1. Where permittee gives written notice of cancellation to the manager at least twenty-one (21) days prior to the date reserved and if the management determines that no detriment will result to the city from such cancellation; or 2. Where the scheduled performance is cancelled by the manager under any of the terms of the resolution governing the management of the auditorium; or 3. Where the scheduled performance is otherwise cancelled at the request of the manager and with the consent of the permittee. B. The right to recover any refund shall not be assignable except by operation of law, and such right shall be barred and the money to which any applicant shall be entitled shall be and become the sole property of the city upon the expiration of one year following the date the right to such refund has accrued. .......... o0o .......... 15