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HomeMy WebLinkAboutORD 83-121 ORDINANCE NO. F_3-1a1 ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE REGULATIONS AND RATES CONCERNING THE CIVIC CENTER COMPLEX ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . ARTICLE II. CIVIC CENTER COMPLEX Sec. 20-20 . 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 beginning before noon and ending after 6 :00 P.M . Civic Center Complex: The Beaumont Civic Center and within the Civic Center, Meeting Rooms #1-5; the Julie Rogers Theatre for the Performing Arts, and within the Theatre, Meeting Rooms #1-5; Fairpark Coliseum; the Harvest Club; the North and South Exhibit Buildings ; Riverfront Park; and grounds contiguous to those facilities. Commercial Event: Any event which does not meet the definition of a "non-commercial event. " Evening: Use of a facility beginning after 6 :00 P.M. and ending at Midnight. Gross Receipts: All monies received from the sale of tickets less admission taxes, excise taxes or sales taxes levied by the City, County , State, or Federal Government. Lease: The written, typewritten or printed document, with any amendments or supplements, signed by the lessee and the City under the authority and conditions as herein provided, which document grants permission to use a facility of the Civic Center complex. Local: Within the City. An organization will be considered " local" for purposes of this Article if a majority of its members are residents of the City . Matinee: Use of a facility beginning after 8 :00 a.m. and ending before 6 : 00 p.m. Net Square Feet: That space occupied by exhibits and exhibitors, not including aisles. Non-Commercial Event: An event sponsored by any of the following organizations, where the entire net proceeds from said event are retained by the sponsoring organization: ( a) local non-profit civic organizations, ( b) local non-profit fraternal organizations, ( c) local non-profit educational institutions, (d) local non-profit religious organizations, ( e) local charitable organizations. Event Staff: All employees necessary for any use of a facility other than management and operation staff, specifically including, but not limited to, security personnel and stagehands . Sec. 20-21 . Use rate schedules [Civic Center Complex rates are found in Appendix "A" , Section I] 2 - Sec. 20-22. Computation of rates for trade shows, exhibitions and sales displays; scope of services provided for fees. (a) Rates quoted for trade shows, exhibitions and sales displays are daily and based on net square feet. A set up and move out charge will be fifty percent ( 50% ) of the daily rental. (b) 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 do 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 the Community Facilities Department. Sec. 20-23. Additional charge if broadcast involved. 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 in any Civic Center complex facility. An additional broadcast fee may be charged at the discretion of the City Manager or his designee. Sec. 20-24. Times of payment of rental and charges. Fifty percent ( 50% ) of the total rental is payable at the time of execution of the lease of any Civic Center facility. The balance of all rentals and fees must be paid seven (7 ) 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 may 3 - require full payment in advance upon demand. All payments shall be nonrefundable 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 and shall not be refunded. Sec. 20-25. Food and beverage concessionaire approval. Any food and beverage served at the Civic Center complex facilities shall be served only by a concessionaire who has been approved by the city or with whom the city has a concession contract. Sec. 20-26 . Use for conventions. 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 convention of record as recorded by or in the files of the International Association of Convention Bureaus or with the Convention and Tourism Bureau of the city, in accordance with the rental rates as set out herein. Sec. 20-27 . Bond of commercial user. The city may require a bond of any person as a prerequisite to the rental of any Civic Center complex 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 �j / - 4 - 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 lease 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. Sec. 28-28 . Box office rates. Box office rates shall be as follows: ( 1 ) Civic Center or arena: $200.00 per week or three percent ( 30 ) of the gross receipts, whichever is greater. ( 2 ) Auditorium or harvest Club: $100 .00 per week . Sec. 28-29 . Prohibited uses. Any use of the Civic Center complex 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 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 disorderly or disruptive to facility use, shall be refused entrance or shall be ejected from the premises as necessary. 5 - Sec. 20-30. Advertising. 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, and may result in refusal by the city to lease any facilities to said person in the future. Sec. 20-31 . Denial of rental request. The city manager may deny rental of any of the facilities for bookings of a similar nature in the same promotional period of time. Sec. 20-32. 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 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. 6 - Sec. 20-33 . Parking lot rates adjacent to Fair Park Coliseum. The rate for parking in the three ( 3 ) fenced parking lots adjacent to the Fair Park Coliseum for events in the facility shall be one dollar ($1 .00) per vehicle. The city will not charge for parking for non-commercial events in any Fair Park facility unless requested by the sponsor of the non-commercial event. 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 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 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. o� /r� PASSED BY THE CITY COUNCIL of the City of Beaumont this the C x d ay of �2�Y1 d PIS 19 0�x AAA,6) Mayor - 7 - APPENDIX "A" Section I . (A) The Civic Center: (1 ) Events other than conventions, trade shows, exhibitions and sales displays: ( a) Commercial: Minimum rental shall be $1 ,000 .00 per all day or ten percent ( 10% ) of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (b) Non-commercial (minumum rental) : ( i ) Matinee. . . . . . . . . . . . . . . . . .$ 600 .00 ( ii) Evening. . . . . . . . . . . . . . . . . . 800 .00 ( iii) All day . . . . . . . . . . . . . . . . . . 1 ,000 .00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. ( 2 ) Conventions, all day. . . . . . . . . . . . . . . . . . .$ 500.00 (3 ) Trade shows, exhibitions and sales displays: (a) Commercial: Per event day rental is Eight Hundred Dollars ($800.00) or six cents ( $0 .06 ) per net square foot or ten percent ( 10% ) of the gross receipts, whichever is greater. o--d C'- (b) Non-commercial: ( i) Matinee. . . . . . . . . . . . . . . . . .$ 600 .00 ( ii) Evening. . . . . . . . . . . . . . . . . . 800 .00 ( iii) All day. . . . . . . . . . . . . . . . . . 1 ,000 .00 (4 ) The use of incidental space within the Civic Center, i .e . , dressing rooms , meeting rooms , etc. , when used in connection with a rented use of the main room in the Civic Center, may be permitted without additional rental charge when said space is available and with the approval of the City Manager or his designee. (B) Meeting Rooms in the Civic Center: ( 1 ) Commercial: ( a) Matinee, per room. . . . . . . . . . . . . . .$ 50.00 (b) Evening, per room. . . . . . . . . . . . . . . 100 .00 (c) All day, per room. . . . . . . . . . . . . . . 150 .00 (2 ) Non-commercial: ( a) Matinee, per room. . . . . . . . . . . . . .$25 .00 (b) Evening, per room. . . . . . . . . . . . . . 50 .00 (c) All day , per room. . . . . . . . . . . . . . 75.00 (C) The Julie Rogers Theatre for the Performing Arts: (1 ) Commercial: Minimum rental shall be $600 .00 per all day or ten percent ( 10% ) of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by theCity Manager. - 2 - ( 2 ) Non-commercial (minimum rental) : ( a) Matinee. . . . . . . . . . . . . . . . . . . .$200 .00 (b) Evening . . . . . . . . . . . . . . . . . . . . 400 .00 (c) All day . . . . . . . . . . . . . . . . . . . . 600 .00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (3 ) Conventions, all day . . . . . . . . . . . . .$200 .00 (D) Meeting Rooms in the Julie Rogers Theatre: (1 ) Commercial: (a) Matinee, per room. . . . . . . . . .$ 50 .00 (b) Evening , per room. . . . . . . . . . 100.00 ( c) Event day , per room. . . . . . . . 150 .00 (2 ) Non-commercial: (a) Matinee, per room. . . . . . . . . .$ 25 .00 (b) Evening , per room. . . . . . . . . . 50 .00 (c) Event day , per room. . . . . . . . 75 .00 (E) Fairpark Coliseum: (1 ) Events other than conventions, trade shows, exhibitions and sales displays: (a) Commercial: Minimum rental shall be $1 ,000 .00 per all day or ten percent ( 10% ) of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities 3 - and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall be approved by the City Manager. (b) Non-commercial (minimum rental) : ( i) Matinee. . . . . . . . . . . . . . . .$200.00 ( ii) Evening. . . . . . . . . . . . . . . . 300.00 ( iii) Event day. . . . . . . . . . . . . . 400 .00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. ( 2 ) Conventions, event day . . . . . . . . . . . . . . .$300 .00 (3 ) Trade shows, exhibitions and sales displays: ( a) Commercial: Per all day, rental is Eight Hundred Dollars ( $800 .00) or six cents ( $0 .06) per net square foot or ten percent ( 10%) of the gross receipts, whichever is greater. (b) Non-commercial: ( i) Matinee. . . . . . . . . . . . . . . .$200 .00 ( ii) Evening. . . . . . . . . . . . . . . . 300 .00 ( iii) Event day . . . . . . . . . . . . . . 400 .00 (F) Harvest Club: ( 1 ) Events other than conventions: ( a) Commercial: Minimum rental shall be $500.00 per all day or ten percent ( 10%) of gross receipts, 4 - whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall be approved by the City Manager. (b) Non-commercial (minimum rental) : ( i ) Matinee. . . . . . . . . . . . . . . .$200 .00 ( ii) Evening . . . . . . . . . . . . . . . . 250 .00 ( iii) Event day. . . . . . . . . . . . . . 400 .00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (2 ) Conventions, all day, $200.00 . (G) North and South Exhibit Buildings: Per all day , rental is One Hundred Dollars ( $100.00) per building . (H) Riverfront Park: ( 1 ) Events other than conventions: (a) Commercial: Minimum rental shall be $500.00 per all day or ten percent ( 10% ) of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may - 5 - be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (b) Non-commercial (minimum rental) : ( i) Matinee. . . . . . . . . . . . . . . . .$100 .00 ( ii) Evening. . . . . . . . . . . . . . . . . 200 .00 ( iii) Event day . . . . . . . . . . . . . . . 250 .00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. ( 2 ) Convention, all day, One Hundred Dollars ($100 .00) . (3 ) Pavilion only: Per all day, rental is Fifty Dollars ($50.00) . ( I ) After Midnight: When any of the facilities of the Civic Center Complex are used after midnight, said use shall be at the following hourly rates plus additional charges equal to the cost of operating a staff: Civic Center. . . . . . . . . . . . . . . . . . . . . . .$300 .00 per hour Civic Center Meeting Rooms . . . . . . . . . 50 .00 per hour Julie Rogers Theatre. . . . . . . . . . . . . . . 150.00 per hour Theatre Meeting Rooms. . . . . . . . . . . . . . 50 .00 per hour Fairpark Coliseum. . . . . . . . . . . . . . . . . . 300.00 per hour Harvest Club. . . . . . . . . . . . . . . . . . . . . . . 50 .00 per hour North/South Exhibit Buildings . . . . . . 50.00 per hour 5 -