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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LEGALLY ESTABLISHED NON-PROFIT ORGANIZATION. An organization duly incorporated as a non-profit and registered as such with the state or otherwise has been approved as a 501(c)(3) organization by the IRS.
PROGRAM. An event that is not intended to and is not reasonably expected to generate profit that has the goal of benefitting the community. A PROGRAM includes, but is not limited to, an event, game, contest, concert, or other activity that is either a single to multi-day event or is held on a daily, weekly, or monthly basis.
REVENUE GENERATING EVENT. An event that is intended to or may generate profit without regard to whether or not the event actually does generate a profit. A REVENUE GENERATING EVENT includes, but is not limited to, any event, game, contest, concert, or other activity for which a charge is made for the admission of the general public and which is not held on a daily, weekly, or monthly basis.
(Ord. 2015-02, passed 1-20-2015)
(A) A non-profit organization wishing to use town-owned buildings and grounds for a revenue generating event, non-revenue generating event, or program must apply for and receive approval from the town at least 60 days prior to the date the revenue generating event, non-revenue generating event, or program is to commence.
(B) An application for use of the town-owned buildings and grounds must be in writing, must specify dates, must indicate the planned use of any profits, and must include a complete plan of all activities to take place during the revenue generating event, non-revenue generating event, or program. Completely executing the application form shall constitute a sufficient written application.
(C) A non-profit organization using town-owned buildings and grounds for revenue generating events, non-revenue generating events, or programs shall request and obtain approval from the town for any change in the plans or activities of the revenue generating event, non-revenue generating event, or program.
(Ord. 2015-02, passed 1-20-2015)
If the town deems it necessary that security be provided, then security shall be provided by the non-profit organization. Additionally, a list of the security personnel names and contact numbers shall be provided by the non-profit organization to the town for review and approval.
(Ord. 2015-02, passed 1-20-2015)
(A) For use of town-owned buildings and grounds for a non-revenue generating event or program, the town may charge a non-profit organization a usage fee of $25. For use of town-owned buildings and grounds for a revenue generating event, the town shall charge a non-profit organization a minimum usage fee of $25 and may charge a non-profit organization an additional usage fee not to exceed 25% of the net profits from the event. These fees shall be deposited in the town’s Park Fund.
(B) For use of town-owned buildings and grounds for a non-revenue generating event or program, the town may charge a non-profit organization a utility fee to be determined at the time of approval based upon the type of activities and events planned.
(Ord. 2015-02, passed 1-20-2015)
For use of town-owned buildings and grounds for revenue generating events, non-revenue generating events, or programs, the town shall require the non-profit organization to furnish a financial report demonstrating net profit and may require the non-profit to furnish proof of income and proof of expenses for the revenue generating event, non-revenue generating event, or program within 30 days of the completion of the revenue generating event, non-revenue generating event, or program or on a monthly basis.
(Ord. 2015-02, passed 1-20-2015)
A non-profit organization using town-owned buildings and grounds for revenue generating events, non-revenue generating events, or programs shall provide a liability insurance policy to be in effect for the duration of the revenue generating event, non-revenue generating event, or program. Said policy shall be in an amount not less than $1,000,000 and shall name the town as an additional insured.
(Ord. 2015-02, passed 1-20-2015)
Damage to any building or grounds during revenue generating events, non-revenue generating events, or programs will be the sole responsibility of the non-profit organization and shall be immediately repaired at the non-profit organization’s expense. BUILDINGS AND GROUNDS includes, but is not limited to, buildings, equipment, turf, trees, fences, fixtures, lights, amphitheater, shelter houses, pavement, and restrooms. If the non-profit organization fails to make repair or furnish repair within 30 days, then the town, at its discretion and option, may perform the repairs or hire a third party to perform the repairs and bill the non-profit for such work.
(Ord. 2015-02, passed 1-20-2015)
The non-profit organization shall be given access up to one day prior to the revenue generating event, non-revenue generating event, or program for the purpose of setting up unless the town-owned buildings or grounds are in use at that time. The town may grant additional time for set up at the time of approval.
(Ord. 2015-02, passed 1-20-2015)
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