Salinas Municipal Code Ch. 28A Salinas Community Center Management

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) "Center" means any portion or facility of the Salinas community center complex including Sherwood Hall, the Santa Lucia Room, the meeting rooms, and all halls, rooms, malls and related facilities, and parking, excluding the swimming pool facilities, rodeo grounds, golf course, tennis court and adjacent park facilities and excluding the Buena Vista Lounge except when used by any permittee or concessionaire.

(b) "Sherwood Hall" means the building with the theater.

(c) "Catering kitchen" means the kitchen and pantries located in Sherwood Hall and all of the equipment, utensils, and other implements used or designed to be used for the purpose of preparing and serving of food in the center.

(d) "Santa Lucia Room" means the large room with the hardwood floor located on the second floor of the center adjacent to the terrace.

(e) "Kitchen" means the kitchen and pantries located in the Santa Lucia Room and all of the equipment, utensils and other implements used or designed to be used for the purpose of preparing and serving of food in the Santa Lucia Room and adjacent meeting rooms.

(f) "Concession contract" means an agreement between the city and a concessionaire, on a term basis, whereunder the concessionaire is granted the right to use part or all of the center for the purpose of providing services or selling items to permittees, or their patrons, or to the general public in connection with the use of the center by the permittee.

(g) "Permit" means the written permission of the city issued to a permittee, whereunder the permittee is granted the right to use part or all of the center.

(h) "Permittee" includes any person, firm, association, organization, partnership, business, trust, company or corporation to whom a permit has been issued.

(i) "Director" shall mean the library and community services department director of the city.

(j) "Facilities manager" or "manager" means the designated manager of the center.

(k) "Gross receipts" means the entire receipts or revenue derived from the use of the center or any part thereof, without deduction for any expenditure or any cost of operation or other expense or cost of service but excluding receipts for federal, state, county or city excise sales or admission taxes.

(l) "Department" means the library and community services department.

(Ord. No. 1926 (NCS), § 1.)

(Ord. No. 2529 (NCS), § 13, 7-10-2012)

(a) Subject at all times to the administrative and policy determinations and directions of the council, the city manager and the director, and such other persons as they may designate, the facilities manager shall generally supervise, oversee and manage the maintenance and operation of the center, and shall have full authority over all operating personnel, including without limitation, permittees, concessionaires, public address system operators, stagehands, ushers, police, security guards, and other agents and employees of permittees and concessionaires while they are on the premises.

(b) In the absence of the facilities manager, the director may act in his place. By written directive, the public works director may designate any person in the public works department to exercise or perform any of the powers or duties of the facilities manager.

(Ord. No. 1926 (NCS), § 1.)

(Ord. No. 2529 (NCS), § 14, 7-10-2012)

No person shall use the center for any purpose without there first having been executed and delivered by the city an appropriate written permit, concession contract or other enTitlement specifically permitting such use.

(Ord. No. 1926 (NCS), § 1.)

Permits may be executed and delivered by the facilities manager on behalf of the city on forms which have first been approved by the city attorney.

(Ord. No. 1926 (NCS), § 1.)

The facilities manager may require any person applying for use of the center to furnish a bond commensurate with the risks of the city, in cash or with corporate surety, guaranteeing that the applicant, if granted use of the center, will well and faithfully perform each and every term and condition as may be provided in the permit, contract or entitlement, and will abide by and observe all lawful rules and regulations for the use of the center, as established by the facility manager, the director, or the city council. Every such bond shall be subject to the approval of the city attorney as to form, substance and security.

(Ord. No. 1926 (NCS), § 1.)

In order to provide for the maximum use of the community center in a manner reflective of the purpose of the facility as designated by the city, the following use classification system has been established. Different uses have been assigned to categories which represent varying degrees of city support to those uses. The basic categories are as follows:

CATEGORY I: Activities supported by the city. Those uses that are the city's responsibility to conduct and/or provide for the community.

CATEGORY II: Activities partially supported by the city. Those uses that are partially the city's responsibility to provide in conjunction with another organization.

CATEGORY III: Activities not supported by the city. Those uses that are not the responsibility of the city to conduct or support, and the user takes responsibility for full costs.

CATEGORY III-A, III-B, III-C: Activities not supported by the city. Those uses that are not the responsibility of the city to conduct or support, and the user takes responsibility for full costs and the city also shares the profits.

All users of the community center facilities shall be placed into one of the above categories for the processing of permits.

(Ord. No. 1926 (NCS), § 1.)

(a) The city council shall, by resolution, establish the schedule of rates to be charged for the use of the center and the council may, by resolution, establish different rates for different classifications of usage. In no case shall any rate established by the council be waived.

(b) The classification of use indicated in the schedule of rates shall determine the amount of rental.

(c) The classification of any use of the center, or any part or facility thereof, for the purpose of determining the rental thereof, shall be made by the facilities manager, whose decision shall be final, unless such decision shall be appealed to the director. The decision of the director shall be final for all purposes.

(d) Any person using the center, or any part or facility thereof, shall pay for such use whatever amount the facilities manager may, at his discretion, fix. The decision of the facilities manager is final, subject to appeal to the director. The decision of the director shall be final for all purposes. In no case shall the amount of rental be less than the amount specified for such use in the schedule of rates.

(Ord. No. 1926 (NCS), § 1.)

(a) In all cases where the applicant seeks rates other than the full commercial rental charges for the use of the center, or any part or facility thereof, as established by the schedule of rates, the manager shall require the filing of a written application in such form as the manager may prescribe, prior to the issuance of a permit or other entitlement. The application shall include all information necessary to justify the special rate sought.

(b) Preference for the use of Sherwood Hall or any part or facility thereof shall exist in favor of an applicant who applies for the use thereof at the basic commercial rental charge as may be established in the schedule of rates, and shall not exist in favor of an applicant who applies for the use at any lesser rate.

(c) Preference, for the use of the meeting rooms, generally, shall exist in favor of individuals, groups and organizations from within the corporate boundaries of the city.

(Ord. No. 1926 (NCS), § 1.)

Each person using the facility shall pay to the city, in addition to any permit fee, for extra services or special facilities provided by the city at the request of such permittee, or necessitated by the use of the center by such permittee, in accordance with the schedule of extra charges as adopted by the council by resolution. Such extra services and special facilities may include, without limitations, public address system; outside amplification, as part of any regular interior usage; any additional equipment necessary to play any recording over the amplification system, or supervising any installation required for the purpose of broadcasting any program over any radio or television program, which it is desired to broadcast over the amplification system; special seating arrangements; use of fork lift and operator; change in seating arrangements; special mechanical or electrical connections, and equipment, or service; janitor work beyond the usual hours; erection of platform and stands other than those usually furnished; admission attendants, ticket takers, ushers, guards and police protection. In no case shall the amount of extra charges be waived or be less than the amount specified for such use in the schedule of rates.

(Ord. No. 1926 (NCS), § 1.)

Concession contracts may be authorized only by the council on the basis of a percentage of gross receipts or on a rental basis as may be provided for in the contract.

(Ord. No. 1926 (NCS), § 1.)

(a) Meal service.

(1) Except as otherwise specifically provided, catering of meals in the center shall be done only by caterers who are approved by the manager and who meet minimum requirements established by the city. Caterers desiring to be on the approved meal catering list must pay an annual fee for the period of July 1 through June 30. Caterers must have a valid permit issued by the city to cater meals at the center.

(2) Catering of meals in Sherwood Hall and use of the hall's kitchen shall be by approved caterers, except when a bona fide, nonprofit organization desires to provide its own food service and which meet use requirements.

(3) Meals in the meeting room facilities including the Santa Lucia Room, may be catered or provided by the group or individual using the facilities.

(4) Fees and deposits shall be as follows:

(A) Sherwood Hall caterers shall pay an annual fee of one hundred dollars and ten percent of their gross receipts, for meals provided. In addition, each caterer permitted to use the Sherwood Hall shall pay a cleanup/damage deposit of two hundred dollars. A caterer approved to cater in Sherwood Hall, shall also be authorized to cater in the meeting rooms but will not have to pay a percentage of gross income or the annual fee for meeting rooms.

(B) Meeting rooms caterers shall pay an annual fee of fifty dollars.

(C) Sherwood Hall kitchen. Nonprofit organizations authorized to use the kitchen shall pay a use fee of one hundred dollars per event in addition to the rental for the premises used. Cleanup/damage deposits and insurance shall be required as part of the group's permit to use the facility plus such extra charges as may be applicable.

(b) Alcoholic beverage service.

(1) Sale of alcoholic beverages in the center shall be provided by caterers licensed by the city and state or by nonprofit organizations which obtain the proper permits from the state.

(2) Except as provided in subsection (b)(1) above, the sale of alcoholic beverages shall be done only by caterers who are approved by the city to work in the center and who meet the minimum requirements established by the city. Caterers desiring to be on the approved alcoholic beverage list must pay an annual fee for the period of July 1 through June 30. Caterers must have a valid permit issued by the city to cater alcoholic beverages at the center.

(3) Caterers shall pay an annual fee of fifty dollars and fifteen percent of their gross receipts, for the beverages provided. The fees provided for in this subsection are in addition to any fees required by subsection (a), above.

(c) Denial of catering approval. No caterer shall be approved if the manager finds the applicant does not possess the necessary business integrity or ability to provide quality catering services. The manager's determination may be appealed to the director. The director's determination shall be final for all purposes.

(Ord. No. 1926 (NCS), § 1.)

(a) The rentals for Sherwood Hall specified in the resolution establishing schedules or charges shall entitle a permittee, other than a permittee who is granted use of Sherwood Hall without payment of rental, time for one full rehearsal, not to exceed four hours on the day of event or the equivalent time for set-up and tear-down the date and hours of which shall first meet with the approval of the manager and shall be subject to cancellation by the manager upon seventy-two hours' notice.

(b) Subject to the same approval as to date and hours and subject to the same right of cancellation occupancy for additional rehearsals or set-up and tear-down may be permitted at such charges as may be fixed by the schedule of rates. Personnel costs shall be charged at the prevailing rates set by the city.

(Ord. No. 1926 (NCS), § 1.)

(a) Each permittee and concessionaire shall covenant and agree to indemnify and hold harmless the city, its officers, employees, and agents, against any and all claims, demands, causes of action, damages (including damages to city's property), costs and liabilities (including cost and liabilities to the city with respect to its employees), in law or in equity, of every kind and nature, whatsoever, directly or proximately resulting from or caused by the use and occupation of the facilities described in the permit, whether such use is authorized or not, or from any act or omission of permittee or any of its officers, agents, employees, guests, patrons, or invitees, and the permittee shall, at its sole risk and expense, defend any and all suits, actions, or other legal proceedings which may be brought or instituted against the city, its officers and employees on any such claim, demand or cause of action, and the permittee shall pay and satisfy any judgment or decree which may be rendered against the city, its officers, employees, and agents in any such suit, action or other legal proceedings, and permittee shall pay for any and all damages to the property of the city, for loss or theft of such property, done or caused by permittee, its officers, agents, employees, guests, patrons, and invitees.

(b) The manager, may, whenever in his opinion the circumstances may warrant same, require that such permittee or concessionaire shall secure and indemnify the city, and such other persons as they shall designate, against any and all such liability, loss, injury, and damage, by procuring, paying for and keeping in force, a policy of liability and/or indemnity insurance, or a surety bond, for such purpose or purposes, in such amount as the manager may determine which said policy of insurance or bond shall be written and issued by a reputable and solvent insurance or surety company, as the case may be, authorized to do business in the state and such policy or bond shall be subject to approval as to form thereof by the city attorney.

(c) In like manner, whenever in the opinion of the manager, the circumstances may warrant same, a permittee or concessionaire shall procure, pay for and keep in force Workers' Compensation Insurance for and on behalf of, and protecting, the agents and/or employees of such person; provided further, however, that whenever under the laws of the state, such person shall be required to cover his, her, or its agents and/or employees by Workers' Compensation Insurance, such law or laws shall be complied with, notwithstanding the exercise of or failure to exercise such discretion of said manager with regard thereto.

(d) Whenever the state or federal government or any department or agency thereof applies for the use of the center under a permit and the laws or regulations under which such applicant acts will not permit the execution of a hold-harmless clause required of other applicants or such applicant is self-insured, a permit may be issued without the requirement of a standard hold-harmless clause or proof of insurance, as the case may be. Any variation from the standard permit form shall be approved by the manager and the city attorney.

(Ord. No. 1926 (NCS), § 1.)

All admission events must use Sherwood Hall box office as the controlling agency for tickets and pay the appropriate fee before tickets can be sold. Whenever the fee payable for any use of the center may be dependent upon the gross receipts of a permittee, the manager shall have the right to direct the form of tickets, accounts, records, and reports, and the methods of sales, controls, and accounting, to be used by permittee, and the manager, or his designated representative, shall have the right at any time to inspect, copy and audit any and all of the books, records, and papers of the permittee pertaining in any way to the use of the center. Unless the manager otherwise permits, all admission and other tickets shall be secured from a bonded printing company approved by the manager and such company shall transmit the ticket manifest directly to the manager, and the form and number of all passes shall be approved by the manager, and all passes in excess of the number approved shall be accounted for as paid admissions. In the event the permittee fails to comply with such directions, refuses to permit such inspection, copying, or auditing, or otherwise fails to comply with the provisions of this section, the manager may estimate the gross receipts, and such estimate, as it may be modified by the manager, shall be binding upon the permittee for the purpose of determining the fee payable.

(Ord. No. 1926 (NCS), § 1.)

(a) Each permittee and concessionaire, their agents, officers, and employees, shall comply with all applicable rules, regulations, laws, and ordinances for the use of the center, as adopted or established, from time to time, by the manager or by any governmental agency or department thereof; and any violation of such rules, regulations, laws, and ordinances shall, at the discretion of the manager, subject any such violator to immediate expulsion from the center and the forfeiture of all fees and charges theretofore paid, and without releasing in any manner any obligations for the payment of fees and charges, required to be paid under any permit, or concession agreement, for the full term thereof.

(b) No oral agreements for the use of the center shall be binding on the manager or the city. The permit, when issued by the city and accepted by any such permittee, shall constitute the contract between the city and the permittee.

(c) Every permittee shall furnish or pay for such police protection as may be required by the manager during the use of such permit, and if such permittee fails or refuses to furnish police protection satisfactory to the manager, the manager may furnish the same and charge the cost thereof to the permittee.

(d) The manager and other duly authorized representatives of the city shall have the right to enter the center, and all parts thereof, at all times during all uses.

(e) No copyrighted musical compositions of the members of the American Society of Composers, Authors and Publishers, or any other copyright owners, shall be played or sung in connection with any use of the center, either amplified, televised, or otherwise, and either in the form of a mechanical recording or personal rendition, unless the sponsor of the program shall have first paid any license fee or other fee required by said society therefor, or other copyright owner. The permittee shall covenant and agree to indemnify the city and its officers, and employees of the city, and to save them harmless from any and all liability or responsibility whosoever for infringement of, and/or other violation of, the rights of said society, or any other copyright owner, under any copyright law.

(f) Any permit issued pursuant hereto shall provide that the permittee shall quit the facilities at the expiration of the time provided in the permit and that he shall leave the facilities in the same condition as before his use thereof, except for ordinary wear and tear.

(g) Alcoholic beverages may be sold or dispensed in the center, for all events, including public dances, upon such terms and conditions as the manager may require.

(Ord. No. 1926 (NCS), § 1.)

All persons on any part of the property comprising the center and public sidewalks adjoining the center shall be governed by the provisions of this article and by orders and instructions of the manager acting for and in behalf of the city relative to the use or occupancy of any part of the property comprising the center.

(Ord. No. 1926 (NCS), § 1.)

Each member of the staff of center if directed by the manager is empowered, as a representative of the manager, to require compliance with the provisions of this chapter.

(Ord. No. 1926 (NCS), § 1.)

No person shall park a motor vehicle at the center other than in an area specifically established for parking and in the manner prescribed by the manager. No person shall abandon any motor vehicle on the center area, nor shall any person park a motor vehicle on the center area for a period in excess of twenty-four hours unless express approval for such parking is obtained from the manager. No person shall park a motor vehicle in any space marked off for the parking of vehicles in such a manner as to occupy part of another marked space. No person shall park any motor vehicle in excess of the time limit prescribed for the particular parking area, nor shall any person park any motor vehicle in any restricted or reserved area. No person shall park a motor vehicle while in an area requiring the payment of a fee without paying the required fee.

(Ord. No. 1926 (NCS), § 1.)

Payment of all federal, state, county and city taxes shall be the liability and responsibility of the permittee.

(Ord. No. 1926 (NCS), § 1.)

(a) No person shall be disorderly, obnoxious, indecent or commit any act of nuisance on the center.

(b) No person shall engage in, or operate, gambling in any form on the center.

(c) No person shall dispose of garbage, papers, or refuse, or other material on the center, except in receptacles provided for that purpose.

(d) No person shall use a comfort station other than in a clean and sanitary manner.

(e) No person shall expectorate on the floors, walls, or other surfaces of any center building.

(f) No person shall destroy, injure, deface, or disturb any building, sign, equipment, marker, or other structure, tree, flower, lawn, or other property on the center.

(g) No person shall alter, make additions to, or erect any building or sign, or make any excavations on the center without the permission of the manager.

(h) No person shall willfully abandon any personal property on the center.

(i) No person shall enter any restricted areas posted as being closed to the public, except as provided in this article.

(j) No person shall travel on the center other than on roads, walks, or places provided for the particular class of traffic.

(k) No person shall occupy the roads or walks in such a manner as to hinder or obstruct their proper use.

(l) No person shall walk in a picket line as a picket or take part in any labor or other public demonstrations on any part of the center, except in places which would only affect the operation picketed and which are specifically designated for such a use by the manager.

(m) No person shall enter any building in the center or center area with a dog or other animal, except that seeing-eye dogs may be permitted for appropriate purposes and animals may enter with animal shows and stage acts.

(Ord. No. 1926 (NCS), § 1.)

Violation of Sections 28A-19, 28A-21 or 28A-22 is an infraction.

(Ord. No. 1926 (NCS), § 1.)

Notwithstanding the provisions of Article II of Chapter 6 of the Salinas City Code to the contrary, the city may, at its discretion, permit the sale or dispensing of alcoholic beverages in any portion of the facility of the Salinas Community Center complex, for any event, including public dances, upon such terms and conditions as the center manager may require.

To aid in the use of the center to the fullest extent, it is necessary, from time to time, to permit the sale or dispensing of alcoholic beverages in conjunction with events held at the center under regulated conditions.

(Ord. No. 1923 (NCS), §§ 1, 2.)