(a) The facilities covered under this section shall be opened for bookings for use by any individual or entity, without discrimination as to race, color, creed, or belief; provided that the director of enterprise services may cancel or refuse a booking if the director finds that the event or attraction booked or being booked will involve activities which are contrary to law, inconsistent with the public interest, or threaten public safety, and provided that the director may give preference to events which promote Hawaii-based artists, whenever practicable. Except as hereinafter provided, the director of enterprise services shall have full authority in scheduling events or attractions, taking into consideration the possible financial return to the city and the overall economic benefits to the people of the city; the matter of public appeal, including the presentation of a diversity of events and attractions to the people of the city and the avoidance of oversaturation of bookings of events or attractions of a similar nature; the possible conflict of interests between the event or attraction of a prospective tenant and a tenant already booked; the maximum and full-time utilization of the facilities covered by this article; and other pertinent factors, all according to the best interests of the city. In scheduling events or attractions at the Neal S. Blaisdell Center Concert Hall, the director of enterprise services also shall take into consideration the need to make available and to preserve opportunities for the residents of the city to experience, on a continuing basis, performances of symphonic music, opera, and ballet in an appropriate concert hall setting, and the director, in accordance with this consideration, may give preference in concert hall scheduling to performances of symphonic music, opera, and ballet by Hawaii-based nonprofit organizations dedicated to these performing arts.
(b) The director of enterprise services shall render a decision on the matter of any application for a booking within a reasonable time after such application has been made. Any party aggrieved by a decision of the director of enterprise services on the matter of bookings shall be entitled to have the decision reviewed by the managing director; provided that the request for review is submitted in writing to the managing director within five calendar days after notification of the decision made by the director of enterprise services. If the managing director finds that the director of enterprise services’ action was based on an erroneous finding of a material fact or that the director of enterprise services had acted in an arbitrary or capricious manner or had manifestly abused the director’s discretion, the managing director shall modify or reverse the decision of the director of enterprise services; otherwise, the managing director shall affirm the decision of the director of enterprise services.
(c) The managing director shall take action within a reasonable time after receipt of the request for review. The decision of the managing director shall be final.
(Sec. 29-1.8, R.O. 1978 (1987 Supp. to 1983 Ed.) (1990 Code, Ch. 28, Art. 6, § 28-6.8) (Am. Ords. 94-77, 03-03)