For the purposes of Articles 6 through 9, the following definitions apply unless the context clearly indicates or requires a different meaning.
Admission Event. An event at which a fee is charged to or other consideration is exacted from an exhibitor, organization, or member of the public for use of facilities or attendance at the event.
Agency. Any office, department, board, commission, or other governmental unit of the city, including the council and its officers.
Concession. The grant to a private individual, partnership, corporation, or other entity of the privilege to conduct operations essentially retail in nature, involving the sale of goods, wares, merchandise, or services to the general public, such as restaurants, retail stores, parking facilities, and golf driving ranges, in or on land or buildings owned by the city.
Deposit. The established portion of the rent charged to the tenant of an admission event to complete a contract.
Dark Day Cost. The one-day cost of maintaining a facility in good condition, when it is not rented.
Director of Enterprise Services. The director of enterprise services of the City and County of Honolulu.
Exhibit Show. Any event where the primary performance is a group of individual displays of products or services.
Facility Daily Operating Cost. The combined dark day and use day cost to operate a facility, excluding any cost for services, that is not part of the rental. The facility daily operating cost shall be the basis for the fixed rental rate.
Gross Receipts from Admission Charges. Any consideration or value received by or on behalf of the tenant, less federal admission tax and State general excise tax, in connection with the use of the facilities rented, including admission to partake of food and refreshment to be served at the facilities covered by this chapter, whether such consideration or value is designated as a donation, gratuity, contribution, or the like, and whether receipt of such consideration or value is evidenced by a ticket, card, ribbon, button, token, badge, or the like.
Managing Director. The managing director of the City and County of Honolulu.
Meeting Room. The following rooms located at the Neal S. Blaisdell Center: Pikake Room; Hawaii Suites 1 to 12; Galleria 1st floor or 2nd floor; Maui Room; Oahu Room; Kauai Room; and Waikiki Room.
Net Square Footage Rent. The rent charged for the square footage of sold booth space in any trade or exhibit show.
Nonadmission Event. An event at which members of the public and exhibitors are admitted without charge or other obligation to pay for attendance at the event or use of the facilities, except for an event where the facilities are rented to a nonprofit organization which rents the facilities pursuant to the terms and conditions set forth in Article 9.
Nonperformance Day. The period from 10:00 a.m. to 12:00 midnight when the facilities are used for any purpose not amounting to a “performance day.” The term nonperformance day shall include but is not limited to the use of the facilities for rehearsals, moving in and out of equipment, and preparation of the facilities for the performance or event. The costs set forth in § 38-7.2 shall apply.
Nonprofit Organization. An association, corporation, or other entity actively pursuing its primary purpose in the State, organized and operated exclusively for religious, charitable, scientific, literary, cultural, educational, recreational, or other nonprofit purposes, no part of the assets, income, or earnings of which inures to the benefit of any individual or member thereof, and whose charter or other enabling act contains a provision that, in the event of dissolution, the assets owned by such association, corporation, or other entity shall be distributed to another association, corporation, or other entity organized and operated exclusively for nonprofit purposes, and which further qualifies for exemption from the general excise tax provisions of HRS Chapter 237, as amended, and under § 501 of the Internal Revenue Code of 1954, as amended. Such nonprofit organization must not merely be a sponsor of the event, production, attraction, or activity being given, but must actively promote, produce, stage, or conduct such event, production, attraction, or activity.
Overtime Rate. The rate quoted per each hour or fraction thereof and will be applicable when any facility is used beyond the rental periods specified herein, meaning the time period after 12:00 midnight. However, at the discretion of the director of enterprise services, a one-hour grace period before the overtime rate for major events becomes applicable may be allowed. Rental of a facility solely on overtime rates is not authorized.
Performance Day. The period from 10:00 a.m. to 12:00 midnight when the facilities are used for an attraction, event, or occasion attended by the public audience or members of a group. The term performance day shall include the use of the facilities for the purpose of recording, filming, or televising an attraction or event for a commercial purpose or for a purpose other than for the personal use of the camera or recording operator. However, the recording, filming, or televising of an event or attraction, without charge by the tenant, for a bona fide news purpose or to advertise the event or attraction to be show, at the facilities covered herein, shall not otherwise convert a nonperformance day to a performance day.
Sold Booth Space. Any booth space paid by cash, trade, or other form of payment.
Use Day Operating Cost. The incremental operating cost (above dark day cost) incurred when the facility is in use. Use day operating cost includes labor, equipment, and services not otherwise assessed as a direct cost to the tenant. Use day operating cost shall be the basis for the reduced rental rates assessed for nonadmission events and the deposits assessed for admission events.
(Sec. 29-1.2, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 28, Art. 6, § 28-6.2) (Am. Ords. 03-03, 05-017)