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WHEREAS, such policies have become outdated and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.
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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_~
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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