(a) Setting Film Production Activity Charges: Charges for film production activities shall be calculated by the Village Manager separately for each application prior to the issuance of any permit, provided that the Village Board, in the exercise of its discretion, shall have the right to establish the film production activity charges for any permit that is subject to issuance by the Village Manager, and the amount of the film production activity charges set by the Village Manager in such cases shall be considered a recommendation to the Village Board.
(b) Applicability Of Film Production Activity Charges: To assure that Village resources are not used for private commercial gain unless the Village is adequately compensated for all effects of such use, film production activity charges shall be assessed whenever any film production activity has any of the following characteristics:
(1) Any film production activity that takes place at any outdoor location in the Village, whether on public or private property, even if the actual filming occurs only indoors;
(2) Any film production activity that uses, involves or affects the use of, any Village resource;
(3) Any film production activity that is likely to use, or that is likely to involve or affect the use of, any Village resource; and
(4) Any film production activity that affects, or that is likely to affect, the day-to-day operations of the Village.
(c) Estimated Film Production Activity Charges: The Village shall set estimated film production activity charges in an amount determined to be sufficient to compensate the Village both for the direct use of Village resources and for the effects on Village resources and Village operations arising from the permitted film production activities. In setting the estimated film production activity charge, the Village shall use a market- based approach to determine the financial impact of the proposed film production activities in light of the factors considered in processing the permit application. The film production activity charge shall provide the basis for the permit deposit required by this article and shall be subject to modification at any time up to and including the completion of the film production activities.
(d) Cancellation Of Film Production: If the applicant cancels the permitted film production activity less than four (4) business days before the scheduled shoot date, the following cancellation charges shall be paid and/or withdrawn from the permit deposit:
(1) Three (3) business days before shoot date: Twenty five percent (25%) of the estimated film production activity charge.
(2) Two (2) business days before shoot date: Fifty percent (50%) of the estimated film production activity charge.
(3) One business day before shoot date: Seventy five percent (75%) of the estimated film production activity charge.
(4) Day of the production: One hundred percent (100%) of the estimated film production activity charge.
(e) Final Film Production Activity Charges: At the conclusion of the film production activities, the Village Manager shall determine the final film production activity charges, using the same methods and considering the same factors as was done in setting the estimated film production activities charges. If the final charges are less than the deposit, the Village shall refund the excess. If the final charges show a balance due from the permittee, the final fee shall be due and payable in full upon issuance of the final invoice by the Village. (Ord. 0-13-48, 10-21-2013)