HomeMy WebLinkAboutORD 76-740
ORDINANCE NO.
ENTITLED AN ORDINANCE ESTABLISHING THE
RULES AND REGULATIONS FOR THE OPERATION
OF THE CIVIC CENTER COMPLEX; PROVIDING
FOR RATES; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
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That the Code of Ordinances of the City of Beaumont is hereby
amended by adding a new Chapter 9(B), said Chapter 9(B) to read as
follows:
CHAPTER 9(B) - THE CIVIC CENTER COMPLEX
A
9(B)-1 - Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
(1) "Civic Center Complex" shall mean the Civic Center, Arena
at Fair Park, Municipal Auditorium, Harvest Club and YMBL Hall.
Said terms shall also include any hall or facility located within
any of the above listed facilities.
(2) "Lease" shall mean the written, type written, or printed
document issued to applicant by the City of Beaumont under the
authority and conditions as herein provided, which document
grants permission to use a Civic Center Complex Facility. Lease,
as used herein, shall mean and include any amendment or supple-
ment to such document.
(3) "Lessee" shall mean any person, firm, or corporation who is
granted a lease to use any of the facilities of the Civic Center
Complex in accordance with the provisions of this chapter.
(4) "Gross Receipts" shall mean all monies received from ticket
sales minus admission taxes, excise taxes,.or sales taxes levied
by the City of Beaumont, Jefferson County, State'or Federal
Government. Any deduction from gross receipts shall be substan-
tiated by submission of a statement of such deduction.
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(5) "Local" shall mean within the City of Beaumont. An or-
ganization will be considered "local" for purposes of this
chapter if a minority of the maThers of said organization are
residents of the City of Beaumont.
(6) "Non -Commercial Event" shall mean an event sponsored by
any of the following organizations, when the entire net pro-
ceeds from said event are bestowed on or retained by the sponsoring
organization: (a) local non-profit civic organizations, (b)
local non-profit fraternal organizations, (c) local governmental
organizations, (d) local non-profit educational institutions,
(e) local non-profit religious organizations, (f) local chari-
table organizations.
(7) "Commercial Event" shall mean any event that is not a "non-
commercial event".
(8) "Matinee" shall mean an event that is held within the period
of time commencing at 8:00 a.m. and ending at 6:00 p.m.
(9) "Evening" shall mean an event that is held within the period
of time commencing at 6:00 p.m. and ending at midnight.
(10) "All Day" shall mean an event that is held within the period
of time commencing at 8:00 a.m. and ending at midnight.
(11) "Special Employees" shall mean all employees necessary for any
use of a facility of the Civic Center Complex other than management
and janitorial staff, specifically including but not limited to
security personnel, ushers, ticket takers, ticket sellers, light
operators, stagehands, piano tuners, projectionists, public address
system operators and time keepers.
9(B)-2 - The following rates will apply to the use of the Civic Center
Complex Facilities:
A. TBE CIVIC CENTER
1. Events other than conventions, trade_shows,..exhibitions_.__.
and sales displays.
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Commercial
Matinee . . . . . . . . . . . . _. . $
700'.00
Or 10% of gross receipts, whichever is greater
Evening ..... .. . . . . . . . . . . $ 1,.000.00
Or 10% of gross receipts, -whichever is greater
All Day . . . . . . . . . . . . . . . . . . $ 1,500.00
Or 10% of gross receipts, whichever is greater
Non=Ccmnearcial
Matinee . . . . . . . . . . . . . . . . . . $
500.00
Evening . . . . . . . . . . . . . . . . $
600.00
All Day . . . . . . . . . . $ 1,000.00
2. Conventions; all day, $500.00.
3. Trade shows, exhibitions and sales displays.
a. Arena floor, $.04 per net square foot, or
10% of the gross receipts, whichever is
greater.
b. Arena concourse, $.04 per net square foot
or 10% of the grossreceipts, whichever is
greater.
B. MEETING ROOMS IN CIVIC CENTER
Commercial
Matinee . . . . . . . . . . . . . . $
50.00
per room
Evening . . . . . . . . . . . . $
'100.00
per room
All Day . . . . . . . ... . .... . . . . $
150.00
per room
Non -Commercial
Matinee . . . . . . . . . . . . . . . . . . . $
25.00
per room
Evening ... . . . . . . . . $
50.00
per room
All Day . . . . . . . . . . . . . . . . . . . .$
75.00
per room
The above rates are for the small rooms;. any additional
combinations .
of rooms will be based'on a pro rated basis established by,the City Manager.
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C. ARENA AT FAIR PARK
1. All shows other than conventions, .trade shows,
exhibitions,
and sales displays.
Commercial
Matinee . . . . . . . . . . . . . . $
300.00
Or 10% of gross receipts, whichever is greater
Evening . . . ... . . . . . . . . . . . . . $
500.00
Or 10% of gross receipts, whichever is greater
All. Day . , . .. . . . . . . . . $
700.00
Or 10% of gross receipts, whichever is greater
Non -Commercial
Matinee :. . . . . . . . . ... . . . . . . . $
200.00
Evening . . . . . . . . . . . . . . . . . . $
300.00
All Day . . . . . . . . . . . . . . . . . . $
400.00
If the arena is divided, rates for each half shall be 60%
'.of --_the effective rate for the complete arena. The
City of
Beaunont has the option of determining which portion of the
arena shall be made available for use.
2. Conventions; all day, $300.00.
3. Trade shows, exhibitions:. and, sales displays.
a. Main Hall, $.04 per net square foot'or 10%
of
the gross receipts, whichever.is greater.
D. MUNICIPAL AUDITORIUM
Commercial-
ommercialMatinee
matinee... . . ... . . ..... . . . . . . . . . $
250.00
Or 10% of gross receipts, whichever is greater
Evening . . . ... . .. . . . . . . . . . $
350.00
Or 10% of gross receipts, whichever is greater
All Day . . . . . . . . . . . . . . . . . . $
500.00
Or 10% of gross receipts; whichever is greater
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Non -Commercial
Matinee . . . . . . . . . . . . . . . . . . . . $ 100.00
Evening . . . . . . . . . . . . . . . . . . . . $ 200.00
All Day . . . . . . . . . . . . . . . . . . . . $ 300.00
The percentage option as provided for commercial use of the
Municipal Auditorium may be waived by- :the City Manager pro-
viding the lessee at the time of contract signing elects to
pay and does pay 40% more than the established basic rate.
For non-commercial use of the Municipal Auditorium, the
City of Beaumont at the discretion of the City Manager may
chargea rental rate equal to 8% of gross receipts.
E. HARVEST CLUB
1. Uses other than for conventions, trade shows, exhibitions,
and sales displays.
Commercial
Matinee . . . . . . . . . . . . . . . . . $ 200.00
Evening . . . . . . . . . . . . . . . . . . . $ 300.00
All Day . . . . . . . . . . . . . . . . . . . . $ 400.b0
Non -Commercial
Matinee . . . . . . . . . . . . . . . . ... $ 100.00
Evening . . . . . . . . . . . . . . . . . . . . $ 150.00
All Day . . . . . . . . . . . . . . . . . . . . $ 200.00
2. Conventions, all day, $150.00.
3. Trade shows, exhibitions, and sales displays.
4. Main Hall, $.04 per net square foot or 10% of gross
receipts, whichever is greater.
F. YMBL BUILDING
Commercial
Matinee . . . . . . . . . .
. . . . . . . . $
65.00
Evening . . . . . . . . . .
. . . . . . . . . . $
75.00
All Day . . . . . . . .
. . . . . . . . . . $
125.00
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Non -Commercial
Matinee . . . . . . . . . . . . . . . . $ 50.00
Evening . . . . . . . . . . . . . . . . . ..... $ 60.00.
All Day . . . . . . . . .. . . . . . . . $ 100.00
9(B)-3 - The rates for high school graduation of schools of the South
Park Independent School District or the Beaumont Independent School
District shall be as follows
Civic Center Arena Auditorium
Mornings $ 150.00 $ 100.00 No Charge
Afternoons $ 175.00 $ 125.00 No Charge
Evenings $ 200.00 $ 175.00" No Charge
9(B)-4 - Rates quoted for trade shows, exhibitions and sales displays
are daily and based on net square feet. A set up and move out charge for
facility uses of three (3) days or less will be 50% of the daily rental.
All rates include the use of normal janitorial services for one
performance per day, heat and air conditioning, overhead illumination and
water as installed on the premises. "Rates to not include special employees,
license fees, booth equipment, electrical outlets and service and any other
special equipment necessary for the presentation of a show. Arrangements
for all special employees must be made with the director of Community Fa-
cilities Department.
9(B)-5 - When any of the facilities of the Civic Center Complex are used
after midnight, said use shall be at the following hourly rates plus all
necessary staffing:
Civic Center
Commercial $ 500.00
Non -Commercial $ 300.00
Meeting Rooms at Civic Center
Commercial $ 50.00
Non -Commercial $ 25.00
Arena at Fair Park
Commercial $ 250.00
Non -Commercial $ 150.00
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Municipal Auditorium
Commercial
Non -Commercial
Harvest Club
Commercial
Non -Commercial
YIBL Building
Commercial
Non -Commercial
$ 250.00
$ 150.00
$ 150.00
$ 75.00
$ 50.00
$ 30.00
9(B)-6 - Any food and beverage served at the Civic Center Complex
Facilities shall be served only by a concessionnaire who has been approved
by the City of Beaumont and with whom the City of Beaumont has a concession
contract.
9(B)-7 - The director of the Community Facilities Department may grant
permission to use any of the facilities of the Civic Center Complex to any
corporation, association, club or society during an international, national,
state or regional convention, seminar or meeting thereof which is a con-
vention of record as recorded by or in the files of the International Assoc-
iation of Convention Bureaus or with the Convention and Tourism Bureau of
the City of Beaumont, in accordance with the rental rates as set out herein.
9(B)-8 - The City of Beaumont may require a bond of any person, firm or
corporation as a prerequisite to the rental of any Civic Center Complex
Facility for commercial use if said person, firm or corporation has failed
to perform in accordance with its contract with any facility in the United
States within the last twelve (12) 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 of the City of Beaumont or his
designee, and shall guarantee that the principal shall well and faithfully
perform each and every term and condition of its lease and shall comply
with all the laws of the State of Texas and ordinances and regulations of
the City of Beaumont. Said bond shall be written by an insurance company
licensed to do business in the State of Texas and shall be subject to the
approval of the City of Beaumont.
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9(B)-9 - Fifty percent (500) of the total rental,.plus all additional
services needed as determined by the director of the Community Facilities
Department, is payable at the:-time..of execution of the lease of any Civic.
Center Complex Facility. The balance of all .rentals and fees.must be paid
thirty (30) days prior to the final use of any of -the facilities. If more
than one request is received for the same facility on the same date, the
City of Beaumont may require full payment in advance upon demand. All
payments shall.be non-refundable in the event of cancellation by the lessee.
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 of Beaumont and shall not be refunded.
9(B)-10 Box Office rates shall be as follows:
1. Civic Center•or Arena - $200.00 per week or 3% of the
gross receipts,.whichever is greater.
2. Auditorium or Harvest Club'- $100.00 per week.
The City will not contract to operate its box offices at the Civic
Center Complex and handle the mail orders for advance sales of tickets
for a period of'less than three (3) weeks. Advance ticket sales at•the
Auditorium and Harvest Club shall end three (3) hours before the use of
the facilities.
9(B)-11.- Any use of the Civic Center Complex Facilities which is contrary
to the public health, safety, welfare, ormorals, or not in the best in-
terest of the City of Beaumont as determined by the City Manager.or his
designee, shall -be prohibited, and'any lease -previously executed may be
revoked for such cause and -any unearned deposits: -may be refunded. Any
performer or any other.person whose.conduct is -objectionable, disorderly
or disruptive to facility use, shall be refused entrance or shall be ejected
from the premises as necessary.
9(B)-12 - No person shall advertise a performance or attraction to be held ;
in any Civic Center Complex Facility until the lease for said facility has
been properly executed and' -all contracts between all parties involved have
been executed and exhibited to the director of -the Community Facilities
Department. All advertisements for performances or attractions for which
an admission is to be charged, must state the total admission prices. Failure
to comply.with this section will result in forfeiture of all monies paid
the City of Beaumont, and may result in refusal by the City of Beaumont
to lease any.facilities to said person in the future.
9(B)-13 - The City Manager may deny rental of any of the facilities for
bookings of a similar nature in the same promotional period of time, or
if said rental request is not in the best interest of the City of Beaumont.
9(B)=14 - Every applicant for a lease of any Civic Center Facility shall,
in such application, state whether he intends to broadcast or telecast
any event, program or speech for which a lease is sought. An additional
fee shall be charged for each such commercial broadcast or telecast of any
event, program .or speech in any Civic Center Complex Facility.
9(B)-15 - The City Manager is hereby authorized to promulgate rules,
regulations and rental docuBnents concerning the use and operation of the
Civic Center Complex., The City Manager or his designee is hereby authorized
to execute all documents necessary for the rental or lease of the Civic
Center Complex Facilities.
Section 2.
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 in no wise 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 3.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
PASSED BY. THE CITY COUNCIL of the City of Beaumont this.the _Ra
day of 1976.
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