Chapter 22.01

CONVENTION AND CULTURAL FACILITIES

Sections:

22.01.020 Use of facilities.

22.01.030 Agreement - Factors.

22.01.040 Notice of decision.

22.01.050 Termination of agreements.

• B. The proposal shall contain or be accompanied by information satisfactory to the director regarding:

  1. The proposer's experience and ability to promote and manage the proposed event;

  2. The proposer's ability to meet its financial obligations and other obligations in connection with the proposed use or occupancy of the facilities; and

  3. Such other information as shall be reasonably required by the director.

• (Ord. 24663.)

22.01.060 Denial of access.

• 22.01.070 Director's authority to reduce or adjust rates.

22.01.080 Request for reduced rate.

22.01.090 Consideration of request.

22.01.100 Hearing.

• 22.01.110 No limitation on city's authority to deny use.

22.01.120 Report to council.

22.01.130 Notices.

• A. No person shall use or occupy all or any portion of the Convention and Cultural Facilities except in strict compliance with this title.

• B. No person shall use or occupy all or any portion of the Convention and Cultural Facilities except in strict compliance with all rules and regulations issued by the director relating to the use, occupancy and operation of the Convention and Cultural Facilities.

• C. No person shall use or occupy all or any portion of the Convention and Cultural Facilities unless such person has paid all applicable fees and charges to the city when due.

• (Ord. 24663.)

• A. Any proposal to use or occupy the Convention and Cultural Facilities or any portion thereof shall be filed with the director, on a form provided by the director.

• A. The city council may, in its sole discretion, determine which persons may use or occupy the Convention and Cultural Facilities and which events may be held at the Convention and Cultural Facilities.

• B. The director is authorized to enter into agreements allowing the use of all or a portion of the Convention and Cultural Facilities provided that the term of such agreements shall not exceed six years from the date of execution and any modifications to the standard terms of the agreement that affect city's liability shall be approved by city council.

• C. The director shall consider the following factors when determining whether to enter into an agreement allowing a person to use or occupy the Convention and Cultural Facilities or any portion thereof:

  1. The completeness and clarity of the proposal;

  2. Whether the proposer has completely, accurately and in a timely manner provided information required or requested by director;

  3. Whether space is reasonably available for the use or occupancy requested;

  4. Whether the event falls within department booking policy priorities, which give first priority to maximizing economic benefit to the entire city and its residents;

T22:3

SAN JOSÉ CODE

§ 22.01.030

5. Any other more specific written guidelines or booking policies which have been established by the city council or the department for the particular type of event;

6. Whether the event adversely affects other scheduled events or the city's ability to service such events;

7. Whether the person desiring to use or occupy the facility has the ability to meet its financial obligation and other obligations in connection with the proposed use or occupancy;

8. The proposer's experience and ability to promote and manage the proposed event;

9. Whether the proposal was received at least thirty days prior to the proposed date of use or occupancy;

10. Whether the person desiring to use the facility has fully met its obligations with respect to prior events held or planned at either the Convention and Cultural Facilities or at other facilities; and

11. Such other reasons as the director may reasonably determine.

• (Ord. 24663.)

• A. The director shall deliver to each proposer a notice of the director's decision to enter into or not to enter into an agreement to allow use or occupancy of a Convention and Cultural Facility.

• B. A notice of denial shall state the grounds for denial of the proposal.

• (Ord. 24663.)

The director is authorized to act on behalf of the city to terminate any agreement authorizing use or occupancy of all or any portion of any Convention and Cultural Facility, pursuant to the terms of the agreement. (Ord. 24663.)

At any time, city may deny access to the Convention and Cultural Facilities or any portion thereof, if either city council, the city manager, or the director determines that:

• A. Denial of access is in the interest of public health or safety or welfare; or

• B. The facilities or any substantial portion thereof are not available due to fire, casualty, acts of God, strikes, national emergency.

• (Ord. 24663.)

• A. The director is authorized to reduce or adjust rates to be less than those general rates established by resolution of the city council for usage of the Convention and Cultural Facilities, if the director determines that such lower rates are in the best interests of the city and are necessary:

  1. To attract unique events, which would bring special prestige to the facility or special economic benefit to the city; or

  2. To attract events during periods when the Convention and Cultural Facilities are underutilized.

• B. The director may, upon the director's initiative, or upon receipt of a request for a reduced rate, reduce the rates for an event that the director determines meets one of the criteria set forth in subsection A. above.

• C. For events described in subsection A. above, the Director may reduce, by up to 100%, the general rates established by resolution of city council for use of the Convention and Cultural Facilities, and the director may grant use of portions of the Convention and Cultural Facilities at no charge if such events use the entire convention center.

• D. The director may authorize refunds of fees paid for use of the Convention and Cultural

T22:4

CONVENTION, CULTURAL AND VISITOR SERVICES

§ 22.01.120

Facilities, in accordance with contractual provisions authorized by resolution of the city council.

• (Ords. 24939, 26994.)

• A. Any request for a reduced rate must be submitted in writing to the director, by an authorized representative of an event that has submitted an application to use or occupy the Convention and Cultural Facilities.

• B. The request for a rate reduction must include an address for the purpose of receiving notices.

• C. No request shall be submitted for a reduced rate pursuant to Section 22.01.070.A. for any event that has executed a facility use agreement with the city.

• D. Any request for a reduced rate pursuant to Section 22.01.070.A. must be received by the director prior to the proposed date of the event.

• (Ords. 24939, 26994.)

• A. The director may grant a request for a reduced rate only upon a written finding that the request meets at least one of the criteria set forth in Section 22.01.070 above.

• B. If the director denies a request for a reduced rate, the director shall provide a written notice of decision to the applicant.

• C. The notice of decision to deny a request for a reduced rate shall state the reasons for denial.

• D. The notice of decision shall be delivered to the applicant at the address shown on the request for a reduced rate.

• E. The notice of decision shall advise that the applicant may request a hearing to appeal the decision.

• (Ord. 24939.)

• A. A request for a hearing to appeal the denial of a reduced rate must be filed, in writing, with the director no later than ten calendar days after the date of notice of decision.

• B. Upon receipt of a timely written request for a hearing, the director shall schedule a hearing to be held, if reasonably possible, no later than ten business days after receipt of the request for hearing.

• C. A notice of the time, date and place of the hearing shall be delivered to the requester no less than five business days prior to the date of hearing.

• D. Notwithstanding the foregoing, these time periods may be extended by the director upon a showing of good cause.

• E. At the hearing, the applicant may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The applicant may be represented by any person.

• F. After closing the hearing, the director shall issue a written decision sustaining or reversing the denial of a reduced rate, within fifteen business days after the hearing.

• G. The decision of the director shall be final. (Ord. 24939.)

• A. Nothing in Sections 22.01.070, 22.01.080, 22.01.090 or 22.01.100 shall be construed to limit the right of the city council or the director to deny an applicant's request to use or occupy the Convention and Cultural Facilities, or any portion thereof, as provided in Section 22.01.030.

• B. Nothing in Sections 22.01.070, 22.01.080, 22.01.090 or 22.01.100 shall be construed to create a right of appeal for any denial of an application to use or occupy the Convention and Cultural Facilities pursuant to Section 22.01.030.

• (Ord. 24939.)

The director shall prepare and file an annual report to council, which describes all events granted

T22:5

SAN JOSÉ CODE

§ 22.01.120

rate reductions or fee reductions under Sections 22.01.070 or 22.01.120 of this chapter and detailing the rate reductions granted to such events. (Ord. 24939.)

• A. Each notice required to be given by this chapter shall be served on the responsible party in accordance with the provisions of Section 1.04.140 of this Code.

• B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

• (Ord. 24939.)