§ 27-15. Use permits—Community facilities.

(a)

Negotiated agreements for recurring use. Regardless of any restrictions to the contrary, nothing in this article shall prohibit the city from entering into a negotiated agreement with any person or organization for recurring use of a community building facility in return for renovation or maintenance of the facility, provision of a particular program, or similar consideration. Such agreements shall require the approval of the city manager or his/her designee.

(b)

Permit and rental fees required for reserved use. Reserved use of community facilities shall require obtaining a use permit in accordance with article III of this chapter.

(c)

City sponsored uses. Any use of city facilities scheduled for city sponsored or co-sponsored uses shall be deemed a use for municipal purposes, and shall be exempt from fees, deposits and permit requirements listed herein. A determination of whether an event is city sponsored or co-sponsored by the city is to be made by the city manager.

(d)

Use of community facilities for commercial purposes prohibited. No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any community building. All programs must be open to the public at no charge. Requests by non-profit educational groups or institutions desiring to use community facilities for short-term classes, institutes, discussion groups and forums which involve small fees will be examined on an individual basis. Nothing may be sold to the public in a community building.

(e)

General rules and regulations regarding use of community facilities.

(1)

Consumption of alcoholic beverages shall not be permitted outside of an enclosed structure or outside of a partially enclosed patio, balcony or veranda affixed to an enclosed structure.

(2)

If a permit is issued for a non-alcoholic event and alcohol is found on the premises, the police will shut down the event and no deposit will be refunded. "On the premises" shall be interpreted to include the community facility as well as the parking lots and all surrounding exterior public property.

(3)

If an event is shut down by the police for any reason, the clean-up/damage deposit shall be forfeited.

(4)

Smoking. Smoking is prohibited inside any community facility or outdoors within ten yards of an entrance or exit to any community facility.

(5)

Supervision of minors. Adults must supervise groups composed of minors in a ratio of one adult to every five minors. Adult supervisors shall be named on the permit application.

(6)

All equipment and materials not belonging to the city must be removed at the end of each scheduled use.

(7)

Liability for damage to facility/requirement for insurance.

a.

The permittee shall be responsible for any and all damage to the facility premises and property therein and shall be responsible for all actions, behavior and damages caused by its/their officers, directors, employees, members, participants, invitees, spectators, agents, guests and attendees (or any combination thereof).

b.

The city is not responsible for accidents, injury, illness or loss of group or individual property.

c.

Prior to issuance of a permit, all approved applicants shall execute a hold harmless and indemnification agreement in a form acceptable to the city, indemnifying and releasing the city and its officials, employees and agents from and against any and all claims, demands, damages and liability arising from or related to activities conducted in community facilities.

d.

If, in the sole discretion of the city manager, the use of a community facility involves significant risk of loss or casualty to the city, the permittee shall be required to provide satisfactory evidence of liability insurance naming the city as an additional insured in accordance with section 27-12(e) of this article.

(f)

Endorsement not implied. The fact that a group, association, or entity is permitted to meet in a community facility does not constitute an endorsement of the group's, association's, or entity's policies or beliefs by the city.

(Ord. No. 12-23, § 1, 5-24-12)