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(A) Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare by providing for the regulation of the rental and use of the Community Building.
(B) Intent. It is the intent of the City Council that the terms of this chapter shall be construed so as to promote:
(1) The safe, efficient, and enjoyable rental and use of the Community Building by persons, firms, or organizations seeking its use;
(2) The use of the Community Building for presentations, concerts, performances, parties, social and commercial gatherings, exhibitions, receptions, meals, and other appropriate uses;
(3) The maintenance and cleanliness of the Community Building after each use;
(4) The protection of city property and of all persons who use or enter the Community Building
(Ord. 2007-O-1, passed 2-12-07)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“APPLICANT.” The person, firm, or organization seeking to use or rent the Community Building.
“BUILDING USER CHECKLIST.” The published checklist detailing the cleaning of the Community Building that will be required of the applicant.
“CITY.” The City of Tuscola, Douglas County, Illinois.
“COMMUNITY BUILDING.” The building located at 122 West North Central Avenue, in the City of Tuscola, Douglas County, Illinois.
“LEASE.” The lease that an applicant will be required to execute prior to using or renting the Community Building.
(Ord. 2007-O-1, passed 2-12-07)
(A) The Community Building shall be available to any person, firm, or organization that desires to use it so long as it is not already reserved, and so long as the person, firm, or organization seeks to use it for an appropriate and intended purpose. The City Council shall have the discretion and authority to determine whether a questioned proposed use is appropriate and intended.
(B) The first floor of the Community Building (consisting of the main auditorium, lobby, kitchen, and restrooms) shall be available for rent and use, and access shall be allowed through the front entrance located at 122 West North Central Avenue, Tuscola, Illinois. The second floor or individual rooms thereon may be available for use and/or rent at the sole discretion of the City Council on a case-by-case basis.
(C) Where possible, the Community Building shall be available on a first-come, first-served basis; however, the city, Chamber of Commerce, and Tuscola Economic Development, Incorporated, shall have first priority in reserving the Community Building.
(D) Where possible, the Community Building shall be available on a first-come, first-served basis; however, city residents shall have second priority in reserving the Community Building.
(E) The city reserves the right to cancel an applicant’s reservation in favor of a community event or election. In such an event, any deposit paid by applicant will be returned.
(F) The city reserves the right to cancel an applicant’s reservation in the event that the premises need to be used as a shelter as a result of a natural disaster or other emergency. In such an event, any deposit paid by applicant will be returned.
(G) The city reserves the right to cancel an applicant’s reservation in the event that the Community Building becomes unsafe for use, or in the event that a dangerous condition in its vicinity renders it unsafe to access the Community Building. In such an event, any deposit paid by applicant will be returned.
(H) The city reserves the right to cancel an applicant’s reservation in the event that the Community Building does not have a necessary utility, including but not limited to, electricity, natural gas, or water. In such an event, any deposit paid by applicant will be returned.
(I) A person, firm, or organization interested in renting the Community Building shall make a request to the city to reserve the Community Building.
(J) The city shall verify that the requested date(s) are available.
(K) The applicant shall inform the city of the type of event for which the Community Building will be used, and the name, address, and telephone number of the applicant.
(Ord. 2007-O-1, passed 2-12-07)
(A) The Community Building shall only be available for public use from 4:00 a.m. until midnight.
(B) There shall be a rental fee for the use of the Community Building.
(C) The rental fees shall be as follows:
Monday - Thursday | Friday - Sunday | |||||||
Without Alcohol | With Alcohol | Without Alcohol | With Alcohol | |||||
Resident | Non- Resident | Resident | Non- Resident | Resident | Non- Resident | Resident | Non- Resident | |
Rental of 2 hours or less | $25 | $37 | N/A | N/A | N/A | N/A | N/A | N/A |
7:00 a.m. to 5:00 p.m. | $50 | $75 | $150 | $225 | $50 | $75 | $150 | $225 |
5:00 p.m. to midnight | $50 | $75 | $150 | $225 | $100 | $150 | $200 | $300 |
Full day
| $100 | $150 | $200 | $300 | $150 | $225 | $250 | $375 |
(D) In addition to rental fees, there will be a $50 surcharge for functions with alcohol.
(E) Deposit.
(1) There shall be a $250 deposit for the use of the Community Building; the deposit for the use of the Community Building where alcohol will be served is $600.
(2) The equipment, appliances, tables, chairs, kitchen supplies, and other ancillary equipment in the Community Building are a part of the leased premises, and any damage, loss, theft, or lack of cleanliness to these items shall also result in all or part of the security deposit being retained by the city.
(3) If the building is not cleaned properly, and if the city is required to clean the premises, the damage deposit will be retained, or such partial amount of the damage deposit will be retained as may be necessary, from time to time, to pay for professional cleaning services.
(4) The City Clerk, or his or her designee, shall issue a receipt to the applicant for the deposit so made. Upon the applicant faithfully performing its obligations and returning the Community Building to the city in a satisfactory condition, the applicant shall be entitled to a refund of the deposit. The City Clerk shall refund the applicant’s deposit upon presentment of the countersigned receipt. If applicant fails to fulfill its obligations or suffers damage to occur to the Community Building, the city shall report such failure to the City Clerk and the applicant. Upon the applicant’s failure to comply with its obligations or to suffer damage to the Community Building to occur, the city shall be entitled to retain the deposit to cover the cost of clean up and/or repair. The applicant shall be responsible for any damage that occurs to the Building during the term of the lease due to any act or omission of the applicant or any licensee, invitee or guest of the applicant.
(F) Waiver of rental fees.
(1) The rental fee shall be waived for all city, Chamber of Commerce, and Tuscola Economic Development, Incorporated, events.
(2) Not-for-profit, civic, or fraternal groups may request a waiver of rental fees from the City Council.
(3) Waived functions must directly serve the organization’s mission, or raise funds or awareness for the betterment of Tuscola.
(4) Meetings, social events, or other non-mission related events are not eligible for a fee waiver.
(5) Violation of these requirements or any of the Community Building rules may result in the loss of the organization’s rental waiver.
(6) All rentals for which the fee is waived require a $10 key deposit.
(7) It is required that the deposit and rent checks be made at City Hall on or before the last working day prior to the event. At this time, keys will be assigned and a lease will be executed.
(Ord. 2007-O-1, passed 2-12-07; Am. Ord. 2008-O-1, passed 1-14-08; Am. Ord. 2011-O-1, passed 1-24-11) Penalty, see § 37.99
(A) Alcoholic beverages may be served, sold, and consumed in the Community Building as long as the applicant pays the fees and makes the deposits detailed in § 37.05, and as long as the applicant complies with the other requirements detailed in this chapter.
(B) A “Special Event Retailer’s Liquor License” for alcohol sales must be obtained, subject to approval by the Local Liquor Commissioner, before alcohol is sold to patrons of an event.
(C) The applicant shall obtain a policy of host liquor liability insurance to insure against liability for any injuries or damages that may result from the intoxication of any person due to the serving, selling, or consumption of alcoholic liquor upon the premises. Any policy of insurance so obtained shall name the city as an additional insured thereon. The applicant shall furnish adequate proof of insurance by providing a host liquor liability insurance certificate, with a minimum liability amount of $300,000, to City Hall for approval by the Local Liquor Commissioner at least 30 days prior to the event.
(D) The applicant shall indemnify the city against all claims, injuries, or actions that may arise due to the applicant’s use of the Community Building, including any claims, injuries, or actions arising due to the intoxication of any person due to the serving, selling, or consumption of alcoholic liquor upon the premises.
(Ord. 2007-O-1, passed 2-12-07) Penalty, see § 37.99
(A) The applicant is required to clean the leased area in accordance with a published checklist, and must obtain verification from a patrolman, or other city official on duty, in order to receive reimbursement of its security deposit.
(B) There shall not be any helium balloons used or present in the Community Building.
(C) All exit signs must be lighted and visible at all times.
(D) Exit doors must be unlocked and readily accessible at all times.
(E) No one may place any object of any kind in a manner that would block an exit or impede the normal traffic flow and pattern thereto.
(F) All displays, exhibits, decorations, and other improvements constructed, or containing combustible material, shall be limited in number and size so as not to create any undue hazard that might endanger lives or property, and shall be approved by the Fire Department.
(G) No pyrotechnics are allowed without approval of the Fire Department.
(H) If candles are to be used and lit, each shall be placed and secured in a noncombustible holder designed to not allow the candle to be easily knocked over, not in close proximity to combustible materials, and shall be approved by the Fire Department prior to the event.
(I) Smoking is not allowed in the Community Building.
(J) No vehicles shall be parked directly in front of the Building during the event (yellow zone).
(K) When tables and chairs are used, the maximum number of occupants shall be 300. When only chairs are used, the maximum number of occupants shall be 475. Any time that tables and or chairs are used, they shall be arranged with the aisles leading to exits.
(L) The Fire Department and Police Department are authorized and directed to enforce these rules and regulations. Members of the Fire Department or Police Department may enter the building at any time to inspect the building. Should overcrowding or any other violation be observed, the Fire Chief, or his or her subordinate, or the Police Department may take such steps as are necessary to eliminate the hazardous condition or violation. The applicant shall pay for any police or fire protection necessitated by the applicant’s intended or actual use.
(M) The Community Building shall be used in compliance with the current Fire Department rules and regulations.
(N) The Community Building shall not be used in violation of any city rules and regulations, ordinance or resolution, including but not limited to, zoning ordinances.
(O) Community Building shall not be used in violation of any state or federal law.
(Ord. 2007-O-1, passed 2-12-07)
(A) All applicants will execute a lease by not later than the last working day prior to use of the Community Building.
(B) The lease provided to applicants shall be revised as needed by the City Administrator, with review by the City Attorney.
(C) In the event that alcoholic liquor will be permitted during the lease period, a version of the lease that addresses alcoholic liquor shall be provided to and executed by the applicant.
(D) The published checklist detailing the cleaning of the Community Building that will be required of the applicant shall be revised as needed by the City Administrator, with review by the City Attorney.
(E) The lease shall require the applicant to agree to indemnify and hold the city whole and harmless from all claims, injuries, bodily injury, property damage, actions and causes of actions accruing to or sustained by any person on the demised premises during the term of the lease, except any such claims or injuries arising due to negligent or willful acts or omissions of the city or its agents, servants or employees. The City Council, Mayor, or City Administrator shall each have the authority to require a potential lessee to purchase liability or other forms of insurance for the individual, group, or event the lessee intends to use the Community Building for an event that it is deemed prudent for the planned use. The City Council, Mayor, or City Administrator shall have the authority to set the amount of insurance coverage if the purchase of insurance is required.
(F) Any provision of this chapter not present in the lease or published checklist shall still be binding upon the public, applicants, occupants, and users of the Community Building.
(Ord. 2007-O-1, passed 2-12-07; Am. Ord. 2011-O-1, passed 1-24-11)
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