(A) A reservation shall be issued unless it is found:
(1) That the proposed activity, event or use of these facilities will unreasonably interfere with other scheduled users of the facility;
(2) The proposed activity, event or use of these facilities will unreasonably interfere with the public health, safety or welfare of other users and/or the general public;
(3) That the conduct of the proposed activity, event or use is reasonably likely to result in or create a clear and present danger of violence to persons or property resulting in serious harm to the public;
(4) That the facility desired has already been reserved for another activity, event or use at the same day and hour requested in the reservation application;
(5) That false or misleading information is contained in the reservation application or required information is omitted;
(6) That the event would violate any federal, state or municipal law; or
(7) (a) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPETING SHOW.
An event which has 35% or more of its net square footage of exhibit space showing/selling product lines or businesses the same or substantially similar to those in the client’s show. However, a show that is open to the public shall not be deemed a competing show with a show open only to the trade.
PROTECTION CLAUSE.
Center agrees that it will not lease any portion of the facility to any competing show within the protection period.
(b) Protection clause. A protection clause may be granted by Center to recurring consumer or trade shows that have a proven record of success in the region, and which have produced significant local economic benefit. If granted, the protection clause will offer protection 45 days on either side of the show (protection period) from a competing show. The determination whether or not an event is a competing show is solely within the discretion of the Center Manager and shall be based upon the target audience, product lines and/or business listings or prospects from both events. In the event a show’s audience, product lines or businesses change and is then deemed to be a competing show, the reservation will be in violation of the agreement and will result in cancellation of this agreement and forfeiture of all payments made by the client. No client may reserve the Center 45 days on either side of an event that is substantially similar.
(B) The Cleburne Conference Center Manager may impose reasonable conditions or restrictions on the granting of a reservation, including but not limited to any of the following:
(1) Restrictions on fires, amplified sound, use of alcoholic beverages, dancing, sports activities, use of animals, equipment or vehicle use, the number of persons in attendance, the location of any bandstand or stage or any other use which may appear likely to create a risk of harm to the use and enjoyment of the Cleburne Conference Center and the senior citizens center.
(2) A requirement that the applicant post a reasonable deposit of security for the repair of any damage to these facilities or the cost of clean-up or both.
(3) A requirement that the applicant furnish adequate security forces as determined by Conference Center Manager or Cleburne Police Chief or his designee during the proposed use or activity. Cleburne Police Department Off-Duty Security and Traffic Control Policy will apply.
(4) A requirement that the reserving party furnish additional sanitary and/or refuse facilities that might be reasonably necessary, based on the use or activity for which the reservation is being sought.
(C) Reservations shall not be transferrable without the written consent of the Cleburne Conference Center Manager.
(D) Any aggrieved person who is denied a reservation shall have the right to appeal, in writing, within five days to the City Manager, who shall consider the request and either sustain or overrule the Cleburne Conference Center Manager's decision.
(E) A reserving party shall be bound by all rules and regulations and all applicable ordinances fully as though the same were inserted in his reservation.
(F) The person or persons to whom the reservation is issued shall be liable for any loss, damage or injury to any person or property whatsoever by reason of the negligence of the person or persons to whom such reservation is issued.
(G) The Community Services Division Director or the Cleburne Conference Center Manager shall have the authority to revoke a reservation upon finding of a violation of any rule, ordinance, state, federal or local law or upon the violation of any condition or restriction under which the reservation was issued.
(H) Reservations shall be made in person by the responsible person.
(I) If approved, it will be the applicant's responsibility to pick up the reservation from the Cleburne Conference Center Manager or it may be mailed upon request.
(J) A separate reservation book shall be kept on the Cleburne Conference Center and the senior citizens center.
(Ord. 10-1999-108, passed 10-12-99; Am. Ord. 04-2012-13, passed 4-10-12; Am. Ord. 05-2014-32, passed 5-13-14; Am. Ord. 09-2019-08, passed 2-12-19)