Loading...
HomeMy WebLinkAboutORD 14-059ORDINANCE NO.14-059 ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 14.05, SECTION 14.05.001; REPEALING SECTION 14.05.002 AND ADOPTING A NEW SECTION 14.05.002; AMENDING SECTION 14.05.003; REPEALING SECTION 14.05.004; AMENDING SECTIONS 14.05.005AND 14.05.006; REPEALING SECTION 14.05.007; AMENDING SECTIONS 14.05.0089 14.05.009, 14.05.010AND 14.05.011; REPEALING SECTION 14.05.12; AND, AMENDING SECTION 14.05.13 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS REVISING EVENT FACILITIES FEE RATES AND FACILITY USAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 14, Article 14.05, Section 14.05.001, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.001 Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: All day. Use of a facility from 8:00 am until 12:00 am Beaumont Event Facilities. Beaumont Civic Center, Julie Rogers Theatre, Jefferson Theatre, Event Centre, Great Lawn, Riverfront Park, Alice Keith Park Community Center, Rogers Park Community Center, John Paul Davis Community Center, Central Park Community Center and grounds contiguous to those facilities. Commercial event. Any event hosted by a for -profit organization or business. Gross receipts. All monies received from the sale of tickets. Noncommercial event. An event contracted by any of the following organizations or individuals- (1) nonprofit civic organizations; (2) nonprofit fraternal organizations; (3) nonprofit educational institutions; (4) nonprofit religious organizations; (5) charitable organizations; (6) individuals sponsoring weddings, birthdays, and all other private events as determined by the Director of Event Facilities. Rental: Actual day of event (does not include rehearsal, move -in, or move -out). Section 2. That Chapter 14, Article 14.05, Section 14.05.002, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by repealing Section 14.05.002 and a new Section 14.05.002 is adopted to read as follows. - Sec. 14.05.002 Use rate schedule The following rates will apply to the use of Beaumont Event Facilities: (1) Civic Center (A) Commercial: Minimum rental shall be two -thousand ($2,000.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the City Manager. (B) Noncommercial: Minimum rental shall be one -thousand five hundred ($1,500.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the City Manager. (C) Auxiliary Meeting Spaces in the Civic Center (i) Commercial/Noncommercial: (a) Hourly (minimum two hour rental), per space: $100 per hour (2) Julie Rogers Theatre_ (A) Commercial: Minimum rental shall be one -thousand two hundred ($1,200.00) dollars per day (8:00 am - 12.00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (B) Noncommercial: Minimum rental shall be one -thousand ($1,000.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the City Manager. (C) Auxiliary Meeting Spaces in the Julie Rogers Theatre (i) Commercial/Noncommercial: (a) Hourly (minimum two hour rental) per space: $100 per hour (3) Jefferson Theatre (A) Commercial: Minimum rental shall be one -thousand ($1,000.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (B) Noncommercial: Minimum rental shall be eight hundred ($800.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rate shall first be approved by the City Manager. (C) Auxiliary Meeting Spaces in the Jefferson Theatre (i) Commercial/Noncommercial (a) Hourly (minimum two hour rental) per space: $100 per hour (4) Event Centre (A) Commercial: Minimum rental shall be one -thousand five hundred ($1,500.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall be approved by the City Manager. (B) Noncommercial (minimum rental): In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Minimum rate may be negotiated if an organization leases the facility ten (10) or more dates within a calendar year. Any deviation from minimum rental shall first be approved by the City Manager. (i) Matinee (8:00 am - 3:00 pm): $500.00 (ii) Evening (6:00 pm - 12.00 am): $900.00 (iii) All day (8:00 am - 12:00 am): $1,200.00 (C) Meeting: (i) Hourly (minimum two hour rental between 8:00 am and 5:00 pm): $100 per hour (5) Great Lawn In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (A) Commercial: All day (8:00 am - 12:00 am): $1,000.00 (B) Noncommercial: All day (8.00 am - 12.00 am): $500.00 (6) Riverfront Park (A) Commercial: Minimum rental shall be one -thousand ($1,000.00) dollars. In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (B) Noncommercial: Minimum rental shall be one five hundred ($500.00) dollars per day (8:00 am - 12:00 am). In consideration for city participation in furnishing facilities and other assistance, additional rates or fees may be negotiated. Any deviation from minimum rental shall be approved by the City Manager. (7) After midnight When any of the facilities of the Event Facilities are used between the hours of 12:00 am through 7:00 am, said use shall be at the following hourly rates: Civic Center, per hour: $500.00 Civic Center Meeting Spaces, per hour, per space: $100.00 Julie Rogers Theatre, per hour: $300.00 Julie Rogers Theatre Meeting Spaces, per hour, per $100.00 space: Jefferson Theatre, per hour: $300.00 Jefferson Theatre Meeting Spaces, per hour, per space: $100.00 Event Centre, per hour: $300.00 Event Centre Meeting Spaces, per hour, per space: $100.00 (8) Community Centers Alice Keith, per hour (minimum two hour rental) $75.00 Central Park, per hour (minimum two hour rental) $75.00 John Paul Davis, per hour (minimum two hour rental) $75.00 Rogers Park, per hour (minimum two hour rental) $75.00 Set-up and take -down of tables and chairs: $25.00 Set-up and take -down is allowed thirty (30) minutes before and after any event. (9) Showmobile (A) Commercial Daily Rate: $500.00 (B) Noncommercial Daily Rate: $300.00 If rented for 10 or more consecutive days, daily rate $150.00 Section 3. That Chapter 14, Article 14.05, Section 14.05.001, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.003 Additional Fees Facility rentals, used for the setup for an event or for moving out after an event, where the facility is not available for other rentals, will be fifty (50) percent of the contracted rental rate. Additional fees may include auxiliary labor, food service, license fees, broadcast fees, booth equipment, electrical outlets, set-up and tear down, staging, draping, tables, chairs, and service and any other special equipment necessary for the presentation of an event. Arrangements for all special needs must be made with the City Manager or his designee. Section 4. That Chapter 14, Article 14.05, Section 14.05.004, of the Code of Ordinances of the City of Beaumont, be and the same is hereby repealed. Section 5. That Chapter 14, Article 1 Section 14.05.005, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.005 Times of payment of rental and charges Fifty (50) percent of the total rental is payable at the time of execution of the contract of any Beaumont Event facility. The balance of all rentals and fees must be paid seven (7) days prior to the final use of any of the facilities unless authorized by the Director of Event Facilities. If more than one request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the lessee unless authorized by the Director of Event Facilities. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of the city and shall not be refunded. Section 6. That Chapter 14, Article 14.05, Section 14.05.006, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.006 Food and beverage Any food and beverage served at the Civic Center, Julie Rogers Theatre, and Jefferson Theatre shall be served only by a concessionaire with whom the city has a food and beverage contract unless authorized by the Director of Event Facilities. Section 7. That Chapter 14, Article 14.05, Section 14.05.007, of the Code of Ordinances of the City of Beaumont, be and the same is hereby repealed. Section 8. That Chapter 14, Article 14.05, Section 14.05.008, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.008 Bond of commercial user The city may require a bond of any person as a prerequisite to the rental of any Beaumont Event facility for commercial use if said person has failed to perform in accordance with its contract with any facility in the United States within the last forty-eight (48) months, or has never entered into and performed successfully under a contract with any facility in the United States within the last twelve (12) months. Said bond shall be in a penal amount as determined by the City Manager or his designee, and shall guarantee that the principal shall well and faithfully perform every term and condition of his contract and shall comply with all the laws of the state and ordinances and regulations of the city. Said bond shall be written by an insurance company licensed to do business in the state and shall be subject to the approval of the city. Section 9. That Chapter 14, Article 14.05, Section 14.05.009, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.009 Box office fees Box office fees shall be as follows: (1) Three (3) percent of the gross receipts or a minimum charge of $150.00; (2) Applicable fees associated with credit card usage Section 10. That Chapter 14, Article 14.05, Section 14.05.010, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 14.05.010 Prohibited uses Any use of the Beaumont Event facilities which is contrary to the public health, safety, welfare, or morals, or not in the best interest of the city as determined by the City Manager or his designee, shall be prohibited, and any contract previously executed may be revoked for such cause and any unearned deposits may be refunded. Any performer or any other person whose conduct is disorderly or disruptive to facility use shall be refused entrance or shall be ejected from the premises as necessary. Section 11. That Chapter 14, Article 14.05, Section 14.05.011, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec.14.05.011 Advertising No person shall advertise a performance or attraction to be held in any Beaumont Event facility until the contract for said facility has been properly executed and all contracts between all parties. Failure to comply with this section will result in forfeiture of all monies paid the city, and may result in refusal by the city to contract any facilities to said person in the future. Section 12. That Chapter 14, Article 14.05, Section 14.05.012, of the Code of Ordinances of the City of Beaumont, be and the same is hereby repealed. Section 13. That Chapter 14, Article 14.05, Section 14.05.013, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows. - Sec. 14.05.013 Promulgation of rules, regulations and documents; execution of documents The City Manager is hereby authorized to promulgate rules, regulations and rental documents concerning the use and operation of the Beaumont Event facilities. The City Manager or his designee is hereby authorized to execute all documents necessary for the rental or contract of the Beaumont Event facilities. Section 14. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 15. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 16. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of November, 2014. '41 %,, a .