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Sec. 40-198. Activities for profit.
   (a)   Application fees. Any person or corporation desiring to conduct any commercial (for-profit) activity in the amphitheater shall make application in the office of public works on a form provided for same. Said application shall not be considered complete until such time as the fees prescribed below are paid.
 
First 24 hours or any part of use
$250.00
Second 24 hours or any part of use
$250.00
Cleanup deposit
$500.00
(Refundable upon approval of the area's cleanliness by the city)
 
   (b)   Cleanup. The lessee is responsible for the cleanup of the areas indicated on attachment number 1 to this section. Failure to clean the area to the approval of the city will result in the forfeit of the cleanup deposit.
   (c)   Cancellation. The lessee may cancel any reservation for the use of the amphitheater under this section anytime up to 72 hours of the lease date without penalty. Cancellation less than 72 hours prior to the scheduled event will result in a forfeit of $125.00 of the use fee for the first 24 hours or fraction thereof.
   (d)   Seating capacity limit on ticket sales. The lessee shall limit the attendance of patrons allowed into the amphitheater to no more than 3,900, the seating capacity of the facility.
   (e)   Parking. The lease of the amphitheater shall include the use of the parking areas designated on attachment number 1 to this section. Any deviations to this plan shall be approved in advance by the chief of police. All overflow or excess parking shall be off site and the responsibility of the lessee.
   (f)   Ingress/egress to concerts. All ingress and egress to and from the amphitheater shall be via Starlight Drive from Highway 87. The lessee shall be responsible for the proper notification of the public regarding the ingress/egress routes to the amphitheater (portable signs are allowed to be used for this purpose). The city will provide the barricades to block the roads as depicted on attachment number 1. The roads will be blocked not less than three hours prior to the scheduled start of activities.
   (g)   Security. The lessee must employ security personnel who are thoroughly familiar with the entire park complex and who are certified peace officers in the state. The security personnel shall coordinate with the police department who will approve the number and type of personnel being proposed for each event.
   (h)   Concessions. The lessee shall provide on the application for use, the type, number of concession stands, as well as products to be dispensed. All concession stands shall be located at the rear of the amphitheater.
   (i)   Sanitary facilities. Temporary sanitary facilities shall be provided by the lessee; a minimum of four units shall be required and the director of public works and/or health officer may adjust this number upward as needed. The temporary facilities shall be removed or serviced within 24 hours following the expiration of the lease.
   (j)   Indemnification. The applicant for the commercial use of the amphitheater shall indemnify the city against any claims and/or damages that arise from the use through the providing of a surety bond or policy in the amount of $100,000.00/$300.000.00 in the form and content approved by the city attorney.
(Prior Code, § 6-139; Ord. of 7-9-1991)