Richmond Municipal Code Ch. 10.16 Richmond Memorial Auditorium

The Richmond Memorial Auditorium (hereinafter referred to as "auditorium") shall be operated in accordance with the provisions of this chapter.

The director of recreation and parks shall have general supervision of the auditorium and he, or his designated representative, shall perform the duties and responsibilities of the auditorium manager as set forth in this chapter. It shall be the duty of the auditorium manager to manage the auditorium in accordance with the provisions of this chapter, other laws of the city of Richmond, and applicable statutes of the state of California. The manager shall exercise prudent and reasonable judgment in the administration of this chapter and whenever in his opinion, concurred in by the city manager, such conditions or extenuating circumstances exist as to make enforcement of any regulating provision of this chapter contrary to the best interests of the city of Richmond and the welfare of its inhabitants, then the auditorium manager may make such other provisions in lieu thereof as he deems necessary, reasonable and appropriate.

(Amended by Ordinance No. 10-71 N.S.)

The auditorium manager, with the concurrence of the city manager, may from time to time establish such rules and regulations, not inconsistent with the provisions of this chapter, as shall assure the safe, efficient and optimum use of the auditorium.

(Source: Ordinance No. 1495).

The director of recreation and parks is authorized to establish, in writing, the schedule of rental fees for the use of the auditorium and the various rooms and facilities thereof.

(Amended by Ordinance No. 163 N.S. and 13-80 N.S.)

All rental agreements of the auditorium or any portion thereof or the use of the equipment hereunder shall be in writing on rental contract forms furnished by the city, and before the same are binding, they shall be executed for and on behalf of the city by the auditorium manager. Lessee, by entering into the agreement, shall thereby waive any claim against and shall indemnify, save and hold harmless the city and its officers, employees and representatives for any damages to the premises, fittings, equipment, building and furnishings of the auditorium during the time the premises are used, occupied or under the control of the lessee and against claims of any and all persons for injury to persons or damage to property occasioned by or in connection with the use of the auditorium or any part thereof or any equipment therein by lessee. The auditorium manager shall have the right to require lessee to obtain insurance coverage in addition to or in place of any insurance coverage already provided by city.

(Amended by Ordinance No. 13-80 N.S.)

Rental or other fees due are payable in advance for the use of the premises, provided that to insure reservation and where required by the auditorium manager, a deposit which is determined by the auditorium manager must be paid on execution of the rental contract, and the auditorium manager may require the balance at any specified time before the performance date. If the lessee makes written surrender of any reservation not later than sixty days prior to the date reserved, seventy-five percent of the advance deposit will be surrendered to the lessee and the lease cancelled if the auditorium manager finds that the lessee is unable to fulfill the lease and that no detriment will result to the city from such cancellation. No refunds will be made for cancellations made less than sixty days prior to the date reserved.

In case of fire, casualty, labor disputes, accidents or other unforeseen occurrence, or from stoppage of service for purposes of making needful repairs for such occurrences, which renders impossible the fulfillment of the lease by the city of Richmond, the lease shall be immediately terminated, and in such case rental shall be paid only for the time the premises are actually used. The lessee shall waive any claim for damage in the event of such termination.

The auditorium manager shall have the right to appropriate on behalf of the city and cash on hand in the box office of the auditorium, or from ticket sales and apply the same to rentals or other charges payable by the lessee pursuant to this chapter.

(Amended by Ordinance No. 10-71 N.S. and 13-80 N.S.)

The auditorium manager may prescribe the forms of tickets, accounts, records and reports to be used in accounting for gross receipts in connection with percentage rentals. The auditorium manager or his representative shall have the right at any and all times to make investigation or inspection of any or all of lessee's tickets, accounts, records and reports for the purpose of verifying the amount of such receipts on which said percentage is based. Lessee shall submit a report on an approved form to the auditorium manager at the close of each performance showing an analysis of all tickets sold and unsold and an accounting of all moneys handled.

Lessee shall not injure, mar or in any way deface the auditorium or any equipment therein and shall not cause or permit anything to be done whereby the same shall be in any manner marred or defaced, nor shall the lessee fasten wires, nails, hooks, tacks, pins or screws about or in any part of the auditorium, nor shall he make or allow to be made any alterations of any kind therein. If the auditorium or any portion thereof or equipment shall be damaged, marred or defaced by the act, default or negligence of the lessee or the lessee's agent, employee or employees, patrons, guests or any person admitted to the auditorium by said lessee, the lessee will pay to the auditorium manager, on demand, such sum as he shall determine to be necessary to restore the auditorium or such equipment to its condition prior to such damage.

No bunting or tissue paper or other inflammable materials shall be used for decorative purposes or otherwise except under express arrangements made therefor with the auditorium manager as to the extent and the manner of use of such materials. Decorations shall, if necessary, be flame-proofed by a licensed operator, prior to installation. All decorations will be subject to the approval of the auditorium manager.

No signs, posters, billboard or displays shall be placed in the auditorium without the approval of the auditorium manager and then only in spaces assigned and provided therefor. Lessee shall remove any signs not meeting the approval of the auditorium manager.

Each lessee shall take the auditorium in the condition he finds it, and in the event any lessee finds it necessary to remove or to change the location of any stage rigging or equipment, such change shall be made at his expense and lessee shall agree to change all of such stage rigging or other equipment back to the condition in which the same was found. No lessee shall erect, remove or change any stand, platform, railing, booth, partition, enclosure or other structure in the building or make any utility connection until and unless a plan or description thereof is filed with, and approved in writing by the auditorium manager.

The lessee will use the auditorium and every part thereof only in keeping with the design and purpose of the auditorium as determined by the auditorium manager. The lessee will keep the premises in good order at his own expense and the lessee will suffer no waste to be made of the building fixtures or furnishings. No portion of the sidewalks, promenade, entries, corridors, lobby or aisles shall be obstructed by lessee.

The auditorium manager reserves the right to remove all equipment, merchandise, property, debris, etc. of any lessee immediately after the expiration of the lease at the expense of the lessee, or in the alternative to charge rental thereon after the expiration of the lease. Stage and dressing rooms must be cleared by ten o'clock of the morning following the final performance. When the time for which rent has been paid expires, all heat, electricity and water may be shut off by the auditorium manager, unless arrangements have been made in advance by lessee for the payment of such additional rent, which will be paid, prorated on an hourly basis.

A greater number of persons than can safely and freely move about, as determined by the auditorium manager, shall not be admitted to the auditorium or any room thereof, and no lessee shall sell or dispose of more tickets than the designated capacity of the accommodation covered by the lease.

(Source: Ordinance No. 1495)

The city reserves the sole right to conduct and control either directly or through separate leases all concessions whatsoever in and about the auditorium, including but not limited to concessions for checking property, for sale of refreshments, for sale or rental of other merchandise or articles, for distribution of programs, for making of photographs, for parking and for other privileges, provided that the city further reserves the right to grant exceptions in specific cases. Outside mobile concession stands shall be prohibited from operating in the vicinity adjoining the auditorium.

Lessee may, with the consent of the auditorium manager, sell items which are not in competition with any concessionaire at the auditorium under the contract with the city, but which are specialty items peculiar only to the performance, such as novelties, librettos, programs, flowers, etc. Lessee will pay a percentage of gross receipts determined by the auditorium manager, when given consent for such sale.

(Amended by Ordinance No. 163 N.S.)

No lessee shall assign any lease on the auditorium or any portion thereof, or any rights under such lease, without prior written consent of the auditorium manager.

The auditorium manager or his representative shall have the right to enter the auditorium or any part thereof at all times during the period covered by any lease contract. The lessee shall not place any additional locks on doors.

The auditorium manager at his discretion may grant time, if facilities are available, for rehearsals, preparations, etc. Per hour charges shall be made by lessor to cover lighting, heating, and other actual expenses for rehearsal or preparation time. Rehearsals shall be restricted to the areas used by performers. Those persons associated with performers shall be required to confine themselves to areas designated by the auditorium manager.

(Amended by Ordinance No. 1071 N.S.)

Persons employed by lessee to handle stage sets, sceneries, rigging properties, lighting, sound equipment or to perform other work of specialized or technical nature, including ushering and other duties, shall be experienced and competent and in every respect qualified to perform their duties, without jeopardy or hazard to life or property or equipment and the qualifications of all such persons shall be subject to approval, rejection or dismissal by the auditorium manager or his representative. Richmond residents shall be employed for such purposes whenever available.

Each lessee of the auditorium or any part thereof shall employ at his expense sufficient police protection for any event as in the opinion of the auditorium manager is required to protect life and property, and to insure proper respectable use of the auditorium and its surroundings. The auditorium manager may reserve the right to approve or disapprove the lessee's choice of police protection service.

(Amended by Ordinance 13-80 N.S.)

The auditorium manager is authorized to refuse or revoke any agreement for the use of the auditorium or any part thereof to any lessee when the use would be contrary to sound policy, or where, in the opinion of the auditorium manager, and concurred in by the city manager, such use would be objectionable to the public. The auditorium manager is authorized to forbid entrance to or to eject from the auditorium any objectionable or disorderly person. The lessee waives any claim for damages against the city or its representatives for any such action. No part of the auditorium shall be used by or rented to any person or organization advocating the overthrow of the Government of the United States or of the state of California by force or violence nor for any meeting likely to cause or contribute to riot, racial prejudice, breaches of the peace, destruction of life or property, or for use contrary to the public health, safety, good order, morals or general welfare.

The auditorium manager is hereby authorized to investigate and inquire into the general reputation and conduct of any individual or organization desirous of using the auditorium or any part thereof, and, if upon investigation, he is satisfied that such individual or organization is likely to cause or contribute to riot, racial prejudice, breaches of the peace or destruction of life, or property or that contemplated use would be contrary to the public health, safety, good order, morals, or general welfare, then the auditorium manager shall refuse to rent or permit the use of the auditorium or any part thereof to such individual or organization, provided such action is concurred in by the city manager.

(Amended by Ordinance No. 10-71 N.S.)

Any lessee who leases the auditorium or any part thereof primarily for juvenile entertainment must provide chaperons and such supervision as is required by the auditorium manager.

All moneys received from the operation of the auditorium shall be deposited with the finance department and credited to the auditorium revolving fund. It shall be the duty of the director of finance to set up and maintain the appropriate accounting procedure and to note therein all credits and debits that are pertinent thereto.

(Amended by Ordinance No. 10-71 N.S. and 13-80 N.S.)

The auditorium shall not be rented by any activity for a period longer than is deemed to be advisable by the auditorium manager.

The lessee shall obtain and comply with all licenses and/or permits which may be requisite for any use of the auditorium or any part thereof.

The lessee shall not bring or use within the auditorium any motion picture machine, projecting machine, stereoptican or photographic apparatus unless the type of such machine shall have first been approved by the auditorium manager. The method of installation and operation of any such machine shall be subject to the supervision and direction of the auditorium manager.

All television and radio rights shall be contracted for only on conditions approved by the auditorium manger.

A duly executed rental contract for dances will constitute compliance with the dance permit requirements of Chapter 7.52 of this code.

It shall be the responsibility of the auditorium manager to exercise prudent and reasonable judgment in the administration of this chapter. Whenever in the opinion of the auditorium manager, and concurred in by the city manager, such conditions and extenuating circumstances exist so as to make the enforcement of any regulatory provisions of this chapter contrary to the best interest and the welfare of its inhabitants, the auditorium manager may make such provision in lieu thereof as he deems necessary, reasonable and appropriate.

Every use of the auditorium or any part thereof or any equipment therein shall be in accordance, and shall comply, with the provisions of this chapter, other applicable chapters of the Municipal Code of the city of Richmond, the statutes of the state of California and the United States of America, rules and regulations promulgated by the auditorium manager, by the city of Richmond and its various departments and by local, state and federal governmental bodies and regulatory agencies, recommendations of the Board of Fire Underwriters. The auditorium manager may discontinue any use of the auditorium or any part thereof for failure to comply with or any violation or threatened violation of any of the foregoing until such time as satisfactory compliance is assured.

(Source: Ordinance No. 1495)