The following rules and regulations apply to the use of Friendship Community Park Amphitheater:
(A) Use, Admission Fees, Household Pets Prohibited. Friendship Community Park Amphitheater may be used by clubs, organizations, and other group activities. During these scheduled events at the amphitheater, admission fees may be charged to individuals attending these activities. Household pets will not be allowed on the premises during these activities, concerts or events.
(B) Reservations. Reservations for use of the amphitheater can be made through City Hall, 501 Sheppard Road and will be filled on a first come basis. Reservations shall be made at least seven business days in advance and no more than 120 days in advance of the event. Reservations must be made in person and by a responsible representative of the individual, group or organizations requesting use of the amphitheater. Reservations require signing of rental agreement and a refundable deposit for the use of the amphitheater.
(C) Rental Agreement. A written rental agreement contract will be required. Policy rules and regulations will be stated on the rental agreement. All groups using the Amphitheater shall comply with all laws whether they are federal, state or local to include all ordinances of the city and all rules, regulations and requirements of the Police and Fire Departments. Fire lanes must remain clear at all times. A violation of any law or ordinance by any renter or guest of any Renter will subject renter to an immediate cancellation of the rental contract, forfeiture of rental deposit or discontinuation of the event in progress, in addition to any other applicable civil or criminal penalty.
(D) Prohibited uses. The following uses are prohibited:
(1) Conducting of private school, including but not limited to dance classes, aerobics, exercise classes, union activities, and cosmetic training sessions.
(2) Use of the amphitheater for religious functions is limited to special services only with approval of the City Manager.
(3) Unless otherwise authorized in a special event permit obtained under § 97.03 of this code, the use on any portion by any individual, firm, or corporation for the purpose of selling merchandise, except the selling of merchandise by displaying, exhibiting, or presenting of the merchandise under the sponsorship of a civic organization, antique club, or other charitable organization.
(4) Attaching decorations to walls, ceiling or cabinets.
(5) Except as authorized in a special event permit under § 97.03 of this code, the consumption or possession of alcoholic beverages.
(6) Use of roller blades, skates or skate boards on amphitheater walkways and stage.
(7) Use of glass containers.
(E) Deposit. A refundable deposit shall be required in connection with each application to use the amphitheater as follows:
Non-profit groups or individuals: $250.00
Profit groups or individuals: $500.00
A reservation shall be confirmed by a deposit fee or it will be canceled. The deposit for the reservation must be made at the time of reservation. Forfeiture of the deposit fee shall occur:
(1) When cancellation of the reservations is not made prior to 72 hours to the reservations.
(2) If the keys to the facilities are not returned to City Hall within the allotted time.
(3) When the facilities are not left in as good a condition as upon arrival. Each tenant using the amphitheater shall be responsible for setting up and taking down all tables and chairs, cleanup and litter disposal.
(4) All utilities including lights, water, etc., must be turned off before leaving the amphitheater. In determining if the facilities are left in an unacceptable condition shall be at the sole discretion of the city staff.
(F) Insurance Requirements. Groups or individuals for profit are required to procure and maintain, at its sole cost and expense for the duration of this Facility Rental Agreement, Comprehensive General Liability insurance in the name of the renter, for limits of not less than $500,000 for personal injury or death arising out of any one occurrence and property damage insurance in an amount of not less than $500,000 for damage to property arising out of any one occurrence. This insurance policy must cover, in addition to the general public, all employees of the city working at the facility, all entertainers and their support staff and any other individual participating in or attending the event for which the facility is rented. The general liability insurance shall be written by a carrier licensed and admitted to do business in the State of Texas. Unless waived by the City Manager, the renter shall procure an endorsement to such policy naming the city as an additional insured during the term of the rental agreement. Renter must furnish proof of all required coverage through a certificate of insurance or other proof acceptable to the City Manger, prior to the event.
(G) Rental fees. Rental of the facilities includes entire premises. Outside patrons may not use the amphitheater when rented. Rental fees shall be paid prior to receiving keys to the facility. Rental fees shall be as follows:
Non-profit groups or individuals:
$100.00 the first 2 hours and $ 20.00 each hour there after.
2-hour minimum required.
Profit groups or individuals:
$250.00 the first 2 hours and $50.00 each hour there after.
2-hour minimum required.
(H) Hours of use. The hours in which the amphitheater can be used are from 6:00 a.m. until 12:00 midnight every calendar day of the year. All activities must end at 12:00 midnight.
(I) Tenants to indemnify city. All tenants of the amphitheater shall indemnify the city and hold the city harmless from: (i) Any and all liabilities for any claim or claims resulting from their rental or use of the premises including all claims based upon the intentional conduct or negligence of the tenant's officers, agents, employees or invitees and (ii) all expenses incurred by the city in defending against any such claim or claims, including attorneys fees, court costs and expert fees. All rental contracts shall specifically include such provisions.
(J) Sanction. Any group or organization that has been found to be in flagrant violation of this policy shall be prohibited from the use of the facility for a period of time as determined by the City Manager.
(K) Additional chairs, tables; equipment. Renters needing chairs and tables in excess of the numbers present at the amphitheater are required to rent additional seating and/or tables at their own expense. Sound equipment, lighting, trash removal, and any other equipment or services deemed necessary for the event for which the facility is rented are the sole responsibility of the Renters, unless otherwise agreed in writing in the rental agreement.
(Ord. 629, passed 3-4-02; Am. Ord. 992, passed 1-18-21) Penalty, see § 97.99