(A) Use of cultural facilities may be permitted upon written application filed with the Cultural Affairs Director or their designee. The application shall include, at a minimum, the following information:
(1) The name and address of the person making the application and the name of the person, firm, corporation, or organization he represents.
(2) The names and addresses of the performers or other persons who are to appear at the facility for the purpose of staging the event.
(3) The names and addresses of the owners or corporate officers of the organization requesting use of the facility.
(4) Whether the use of the facility involves a ticketed event or the solicitation or collection of a contribution from attendees.
(5) Whether any of the performers or applicants have ever been denied use of any other public or private facilities, and if so, where, when, and under what circumstances.
(6) Whether the applicant, any officers of the corporation or organization represented by the applicant, or any person either presenting or performing in the event has ever been convicted in any court of record of an offense or crime involving moral turpitude or any violation, other than traffic offenses, under either the name being used in connection with this event or any other name previously used; and if so, what name or names and what crime or crimes.
(7) The estimated number of persons expected to attend each performance, the number of performances each day, the hours at which each performance will take place, and the dates.
(8) A description of the nature of the event and any other information which the Department shall find reasonably necessary to be a fair determination as to whether a permit should be issued.
(B) The application form shall be prepared by the City Manager or their designee to provide any information the City Manager deems in the best interest of the city for the protection of the morals, health, safety, and welfare of its inhabitants and the use of, license, permit, lease, or contract for the cultural facility. The application must be submitted to the Cultural Affairs Director or designee, a minimum of 60 days prior to the proposed commencement date.
(C) It shall be unlawful for any person, group or organization to provide false information in any application or to make a false statement or knowingly conceal a material fact regarding the activity, event, or intended use of the cultural facility or otherwise commit a fraud in any manner including, but not limited to, a membership roster. Such action may result in eviction, termination of privileges or termination of contract.
(D) Standards for issuance of cultural facility rental permit. If the cultural facility will be available for use on the date and time requested, and is not subject to a prior reservation, the Department may issue a facility rental permit when the Department finds the facility rental application complete and the rental is in accordance with the purpose for which such city property is designed or intended, and further that the proposed activity will not unreasonably interfere with or detract from the general public enjoyment of the remaining facility, or interfere with or endanger public health, welfare or safety, or be reasonably calculated to incite violence, crime or disorderly conduct on the part of the participants or entail unusual, extraordinary or burdensome expense for supervision, maintenance, cleanup or police protection by the city.
(E) The Department must ensure that the applicant has paid to the city the required application fee, security deposit (if any), and any other required fees. All fees must be paid in full ten business days prior to the event date. If the application is made for an event scheduled in less than ten days from the date of application, the applicant will pay an additional charge for expediting the application process.
(F) If any damage occurs, the applicant shall be liable for such damage. All persons, groups or organizations using a cultural facility must, where determined by the city based upon the nature of the event, furnish general liability insurance coverage and other insurance coverage as otherwise required by the city. Proof of the required insurance coverage shall be provided to the city’s Risk Manager at least ten calendar days before the commencement date of the event/performance and shall provide coverage for the date(s) the event holder is onsite and the date of the actual event. The insurance policy or a certificate of insurance must include the policy number, policy limits, and provide that the city of Pompano Beach is included as an additional insured to the policy. The insurance requirements depend upon the risk level of the event, and will be determined by the city’s Risk Manager, who has the right to review, modify, reject or accept any insurance policy, including limits, coverages or endorse-ments.
(G) Conditions of permit. Permits may be issued subject to such special regulations and instructions as may be prescribed by the Department or other city agencies with governing authority. Permittees shall be bound by all facility rules and regulations and all applicable ordinances as fully as though the same were inserted in the permits. Permittees agree to hold the city harmless from any claims for loss, injury or damage to any persons or property whatsoever caused by the negligence of permittees in the exercise of such permit. Depending on the nature of the activity, the permit may be conditioned on the provision of an indemnity bond to protect the city from any liability of any kind or character and to protect the city from damage. The Department shall have the authority to revoke a permit upon finding a violation of any rule or ordinance, or upon good cause shown.
(H) Decision on facility rental application; right of appeal. Within five business days after receipt of a complete application for the facility rental, the Department shall either approve or deny the application and advise the applicant accordingly, either in person, e-mail or by mail. If an application is denied, the Department at the time of notification shall apprise the applicant in writing of the reasons for such refusal. Any persons aggrieved by the denial shall have the right to appeal such adverse decision in writing within five calendar days of receipt of such denial to the City Manager or designee, who shall consider the application under the standards set forth above, and without undue delay, sustain, overrule or modify the Department's decision.
(I) Cancellations. In the event the facility rental is cancelled by the applicant 48 hours or less prior to the event date, the Department will refund 75% of the total rental fee.
(J) The following additional rules and conditions shall apply to facility rental permits:
(1) Permits are issued on a first come, first served basis;
(2) Permits are nontransferable, and are good only on the date specified;
(3) The permittee shall be held responsible for the conduct of the entire group;
(4) The permittee shall observe, obey and comply with the rules and regulations established by this chapter, as well as all applicable city, county, state and federal laws, rules and regulations;
(5) The permittee shall assume all risk in the use of the facility and shall be solely responsible and answerable in damages for all accidents and injury to person or property;
(6) A security deposit, where required, must be paid when the permit is issued. All rentals require a non-refundable application fee and are subject to applicable sales tax;
(7) Food preparation and cooking. No person will picnic, lunch or cook in any area not specifically designated or regulated by the Department for such usage. No person shall build, light or cause to be lighted any fire upon the ground or on other object in any area except as specifically designated and in an approved grill, stove, fireplace or other suitable container as determined by the Department, nor shall any person starting a fire leave the area without extinguishing the fire. No person shall use a grill or other device in such a manner as to burn, char, mar or blemish any bench, table or any other object of cultural property;
(8) The Department will regulate activities in facility areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. If the facilities are crowded, persons holding activities in any area, building, facility or structure will avoid using same to the exclusion of others for an unreasonable time; the determination of what is unreasonable shall be made at the Department's discretion; and
(9) Special conditions related to the use of various types of facilities may be printed on the permit forms.
(Ord. 2022-25, passed 2-8-22)