969.03  MUNICIPAL BUILDINGS; REGULATIONS; FEES.
   (a)   Definitions.  As used in this section:
      (1)   “Municipal Buildings” means any and all buildings or structures owned by the City, including but not limited to the Community Center, and Taft Section Citizen Multi-Purpose Room.  For the purpose of this chapter, City Hall, the Fire Department, Police Department, Service Garage and the Municipal Baseball Stadium shall not be included.
      (2)   “Engagement” means an activity other than an assembly for the sole purpose of conducting business taking place during the period between 9:00 a.m. and 1:00 a.m. on any given day, except in the case of subsections (b) and (c) hereof, or such other time specified in a contract and approved by the Recreation Director.
      (3)   “Meeting” means an assembly for the sole purpose of conducting business.
      (4)   “Friday evening” as applied to the time of an engagement or meeting, means an engagement or meeting, any part of the duration of which occurs after 5:00 p.m. on any given Friday.
      (5)   “Weekday”, as applied to the time of an engagement or meeting, means an engagement or meeting held on Monday, Tuesday, Wednesday, Thursday or until 5:00 p.m. on a Friday, excluding holidays falling on any such day or days.
   (b)   Business Days and Hours.  The business days and hours shall be as established by Council.
   (c)   Rental of Municipal Buildings.
      (1)   All rentals for fundraising activities shall first be approved by the Mayor.
      (2)   Administrative procedures and policies for any rental shall be established by the Mayor, and the Mayor shall have the authority to use Council Chambers during regular City business hours for only governmental purposes without Council President’s prior approval.
      (3)   The rental of the Municipal Buildings shall be governed by the following regulations:
         A.   The application for a permit for the use and rental of Municipal Buildings facilities shall be signed either by the individual seeking such use and rental for private purposes, or in the case of an organization by a duly authorized officer thereof, with written authorization thereof on file in with the Recreation Office.  The application shall disclose the estimated number of persons to be present and shall specify the hours during which the premises will be used.  As a part of such application, the applicant shall agree to indemnify the City and hold it harmless from any liability resulting from the use of such premises by the applicant, his guests, members of any organizations or any other persons entering the premises of the Municipal Buildings during the time of such an engagement.
      The number of persons attending such events shall not exceed the number established for such facilities in accordance with fire safety regulations of the facilities.
         B.   All uses, except official City business, shall be by permit issued by the Mayor or the Recreation Director with a copy of said permit being forwarded to Council.
         C.   Permit holders shall be held responsible for all damage to property and restitution shall be made for that damage.
         D.   All equipment used shall be restored to its original place of storage as directed by the custodian.
         E.   The applicant renting the building shall be responsible for all trash collection and removal.  The building being used shall be left in the same condition as when the event started.
         F.   The custodian shall have the right to cause the ejection of any person conducting himself in a disorderly manner or abusing the facilities.
         G.   Premises shall be vacated by 10:00 p.m. except when otherwise permitted by the Mayor or his nominee.
         H.   A deposit shall be required of any user equal to the fee established by subsection (d) hereof.
   (d)   Schedule of Fees.  The following schedule of fees is hereby established for the use and rental of facilities in Municipal Buildings.
Municipal Buildings
 
Individual resident
or interest groups
Individual nonresident
and all other groups,
activities, political,
organizations or
fund raisers
Monday thru Thursday
$75.00
$100.00
      Friday
$100.00
$125.00
Saturday and Holidays
$200.00
$225.00
Sunday
$100.00
$125.00
      Damage deposit
-0-
-0-
      Setup/cleanup
        Charge (if requested)
$100.00
 
   (e)   Fee Waiver.  The Mayor shall hold the right to waive all or part of the rental fees upon written request for engagements held Sunday through Friday.  The Mayor and Council shall not consider any fee waiver request submitted less than forty-five (45) days prior to the event.
      (1)   In evaluating said fee waiver requests, consideration shall be given to the following:
         A.   Whether the organization works directly with and/or through the Recreation Department;
         B.   Whether its activities directly impact the youth or seniors of the City;
         C.   Whether the group possesses a current 501C3 license;
         D.   Any hardship caused by the imposition of the fee.
      In the event a fee waiver is granted, there shall be a minimum fee amount of fifty dollars ($50.00) which will be applied for up to six hours use of the facility.  Use of the facility beyond six hours will be charged an eight dollar and sixty-five cents ($8.65) per hour maintenance fee.  The Mayor, with concurrence of Council, can waive the total maintenance fee for a nonprofit organization housed in the City.
(Ord. 2007-020.  Passed 3-27-07.)
      (2)   The following Interest Groups shall be presumed to comply with subsection (e)(1):
         Eastlake Women's Club
         Eastlake Midget Football
         Eastlake Soccer League
         Eastlake Midget Basketball League
         Eastlake Little League
         Eastlake Girls Softball League
         Eastlake Boys Softball League
         Eastlake Fire Department
         North High Boosters
         Eastlake Salmon Association
         Eastlake Girl Scouts
         Eastlake Boy Scouts
         Eastlake Midget Football Cheerleaders
         Eastlake Police Department
         Eastlake Police Athletic League (PAL)
         Veteran's Memorial Flags
         Eastlake Area Kiwanis Club
         Eastlake Recreation Gymnastics Association
         Eastlake Swim Team
         Eastlake Historical Society
         (Ord. 2009-047.  Passed 5-12-09.)
   (f)   Terms and Conditions.  The use and rental of facilities in the Municipal Buildings shall be subject to the following additional terms and conditions:
      (1)   Payment.  The applicable charge for use and rental must be paid thirty days prior to the date of the engagement, unless the Recreation Director approves a waiver of this requirement.
      (2)   Cancellation and refunds.  In case an engagement is cancelled, the damage deposit will be refunded.  Rental payments will be refunded in full less ten dollars ($10.00) service fee only if notice of cancellation is received at least fifteen days prior to the date of the engagement, provided however, if an engagement is cancelled and another applicant secures the use and rental of the facilities for the same date or dates, the rental payment shall be refunded except for a ten-dollar ($10.00) service charge which shall be retained by the City.
      (3)   Games of chance.  Groups may conduct games of chance at Municipal Buildings as long as they comply with all state and federal laws.  The Director of Public Safety and/or the Police Chief may restrict or prohibit use of City facilities or types of games of chance permitted to be played.
Only two games of chance events per month may be booked by the Recreation Department.  The applicable weekends for games of chance events will be the second and fourth weekends of the month only.  “Games of chance” is defined in Section 517.01(d);
      (4)   Alcoholic beverages.  The application for use and rental of the Municipal Buildings shall disclose whether alcoholic beverages are to be served or consumed in the Municipal Buildings.  Alcoholic beverage shall not be served or otherwise furnished or consumed in the City buildings unless:
         A.   Such applicant disclosed the same;
         B.   The applicant has complied in all respects with the applicable laws of the State with respect thereto;
         C.   Any permit required under such laws has been obtained;
         D.   The permit issued by the Recreation Director expressly authorizes the same.
No permit shall be issued by the Recreation Director for an engagement at which alcoholic beverages will be served or consumed unless the applicant has submitted evidence satisfactory to the Recreation Director that all such laws have been complied with and permits obtained.  The Recreation Director, upon the recommendation of the Mayor or the Director of Public Safety may prescribe and endorse upon any permit issued by the City any special restrictions pertaining to the sale, service, furnishing or consumption of alcoholic beverages.
      
   (g)   Application and Indemnification.  The application for a permit for the use and rental of the Municipal Buildings shall be signed either by the individual seeking such use and rental for private purposes, or in the case of an organization by a duly authorized officer thereof, with written authorization thereof on file in the Recreation Office.  The application shall disclose the estimated number of persons to be present and shall specify the hours during which the premises will be used.  As a part of such application, the applicant shall agree to indemnify and hold it harmless:
      (1)   From any liability resulting from the use of such premises by the applicant, his guests, members of any organizations or any other persons entering the premises of the City buildings during the time of such an engagement; and
      (2)   From any liability arising by virtue of any violation by any person of any provisions of the laws of the State relating to alcoholic beverages or gambling.
   The number of persons attending such event shall not exceed the number established for such facilities in accordance with fire safety regulations of the facilities.
   (h)   Policy, Rules and Regulations.  The Recreation Director is hereby authorized and directed to prepare a policy, rules and regulations relating to the use and rental of the facilities of the Municipal Buildings in order to carry into effect the provisions of this section and to prescribe forms of application and permits for use by the City.  Such rules and regulations shall be a part of the contract.  Such Policy shall be submitted to Council for their review upon any change in policy.
   (i)   Delegation of Duties; Reports.  The Recreation Director may delegate any of the duties herein provided to be performed by him to any other officer or employee of the City having charge of the Municipal Buildings.  Upon request by the Mayor, the President of Council, or the Director of Finance, the Recreation Director shall at the end of each year submit written reports summarizing the activities held in the Municipal Buildings, the number of persons and organizations making use of the same, the amount of rental fees collected, the expenses incurred by the City and such other information as may be requested from time to time by the Mayor, members of Council, and Director of Finance, covering that quarter or year, as the case may be.
(Ord. 2007-020.  Passed 3-27-07.)