(a) The holder of a permit for a minor event shall be subject to the following conditions.
(1) The permittee shall not prevent any person from having access to, and shall not charge a fee to any person for access to, City Hall, the Mayor Frank F. Fasi Municipal Building, the Mission Memorial Building, the Civic Center parking facility, or the Civic Center child care facility.
This condition shall not preclude the designation of parking stalls or areas within the Civic Center parking facility for the exclusive use of certain persons or classes of persons or the charging of a fee for parking within the facility to the extent allowed under the minor permit. This condition shall also not preclude the city or the operator of the Civic Center child care facility from closing a building on the grounds of City Hall and the Mayor Frank F. Fasi Municipal Building to the public as permitted by law or by lawful order of the city official in charge of the city building or, for the Civic Center child care facility, at the direction of the operator of the facility.
(2) The permittee shall not prevent any person from having use of, nor shall the permittee charge a fee to any person for use of, any public walkway for purposes of crossing the grounds or for purposes of access to any of the facilities enumerated in subdivision (1), except that the permittee may prevent a person from using such a public walkway to allow for the setting up and breaking down of stages, tents and other permitted temporary structures.
(3) The permittee shall not permit any contiguous area of more than 1,000 square feet of the grounds to be partitioned, fenced, roped, or cordoned off or otherwise demarcated for purposes of charging a fee to persons entering the partitioned, fenced, roped, cordoned, or otherwise demarcated area.
(b) The holder of a lease or permit for a major or minor event and any person holding an exempt event shall abide by any applicable administrative rules of any city agency pertaining to the use or lease of the grounds of City Hall and the Mayor Frank F. Fasi Municipal Building, or any portion thereof.
(c) The holder of a lease or permit for a major or minor event shall be subject to the following conditions.
(1) The lessee or permittee shall provide adequate security personnel and sanitation facilities during the event, and adequate cleanup following the event, and shall pay the cost of any soil aeration or grassing necessitated by the use of the grounds by the lessee or permittee and any patrons, volunteers, or employees of the lessee or permittee.
(2) The use of the grounds shall conform to the diagram and statements contained in the lessee’s or permittee’s application.
(3) At least one of the persons designated by the lessee or permittee to be in charge of the grounds shall be present on the grounds at all times during their active use.
(4) The lessee or permittee shall have such insurance naming the city as an additional insured, or post such bond with the city, as shall protect the city from any reasonably foreseeable injury to persons or property resulting from the lessee’s or permittee’s use of the grounds, including the acts and omissions of the lessee or permittee, any sublessee or subpermittee, any officer, director, employee, or agent of the lessee or permittee or of any sublessee or subpermittee, relating to the event, including acts and omissions during the event, while setting up for the event, while breaking down temporary structures after the event, or while cleaning up after the event. The coverage and terms of such insurance or bond shall be subject to the approval of the director. This requirement may be waived for a minor event if the director determines that the risk of injury to persons or property reasonably foreseeable to result from the event is negligible.
(5) The lessee shall pay a fee of $200 to cover the city’s costs of processing and administering the lease for a major event and the permittee shall pay a fee of $100 to cover the city’s cost of processing and administering the permit for a minor event.
(6) For no event shall the active use of the grounds extend beyond three consecutive days.
(d) Any lease or permit to which this article applies may include conditions, in addition to those enumerated in subsections (a) through (c), prescribed by the director approving the lease or permit.
(e) Any lessee holding a major event shall be subject to the following additional condition:
The lessee shall comply with the same conditions applicable to the holder of a permit for a minor event under subsections (a)(1) and (a)(2); provided that the lessee may require persons seeking access to any facility described in subsection (a)(1) or crossing the grounds for the purposes described in subsection (a)(2) to move actively toward their destination or actively across the grounds.
(f) The violation of any condition of a lease or permit to which this article applies shall be grounds for termination of the lease or permit, nonissuance of a lease or permit in the future to the lessee or permittee or the imposition of such other penalty as may be prescribed in the lease or permit.
(1990 Code, Ch. 28, Art. 11, § 28-11.3) (Added by Ord. 99-05; Am. Ord. 01-21)