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(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)
(A) It shall be unlawful for any person or entity to sell alcoholic beverages at or in the Community Building unless a Special Event Retailer’s Liquor License has been obtained from the Local Liquor Commissioner. For purposes of this provision, each alcoholic beverage sold without a Special Event Retailer’s Liquor License shall constitute a separate offense. Any person or entity violating this provision shall, upon conviction, be fined not less than $100 nor more than $500 for each offense.
(B) It shall be unlawful for any person or entity to sell, consume, or serve alcoholic beverages at or in the Community Building unless a policy of host liquor liability insurance has been obtained and provided to the Local Liquor Commissioner, as detailed in § 37.06 of this chapter. For purposes of this provision, each alcoholic beverage sold, served, or consumed without such host liquor liability insurance policy shall constitute a separate offense. Any person or entity violating this provision shall, upon conviction, be fined not less than $100 nor more than $500 for each offense.
(C) It shall be unlawful for any person or entity to block, deactivate, or interfere with the operation of exit signs at or in the Community Building. Any person or entity violating this provision shall, upon conviction, be fined not less than $500 nor more than $1,000 for each offense.
(D) It shall be unlawful for any person or entity to lock any exit door, make an exit door inaccessible, or to place any object of any kind in a manner that would block an exit or impede the normal traffic flow and pattern at or in the Community Building. Any person or entity violating this provision shall, upon conviction, be fined not less than $500 nor more than $1,000 for each offense.
(E) It shall be unlawful for any person or entity to create any undue hazard that might endanger lives or property at or in the Community Building. Any person or entity violating this provision shall, upon conviction, be fined not less than $500 nor more than $1,000 for each offense.
(F) It shall be unlawful for any person or entity to use, operate, or set off any pyrotechnics at or in the Community Building. Any person or entity violating this provision shall, upon conviction, be fined not less than $500 nor more than $1,000 for each offense.
(G) It shall be unlawful for any person or entity to use lit candles in or at the Community Building unless each is placed and secured in a noncombustible holder designed not to allow the candle to be easily knocked over, not in close proximity to combustible materials, and approved by the Fire Department prior to the event. Any person or entity violating this provision shall, upon conviction, be fined not less than $5 nor more than $100 for each offense. For purposes of this provision, each candle lit in violation of this provision shall constitute a separate offense.
(H) It shall be unlawful for any person or entity to smoke in the Community Building. Any person or entity violating this provision shall, upon conviction, be fined not less than $100 nor more than $500 for each offense. For purposes of this provision, each cigarette, pipe, or other object being smoked shall constitute a separate offense.
(I) It shall be unlawful for any person or entity to park directly in front of the Community Building during the event (yellow zone). Any person or entity violating this provision shall, upon conviction, be fined not less than $50 nor more than $250 for each offense. For purposes of this provision, each vehicle so parked shall constitute a separate offense.
(J) It shall be unlawful for any person or entity to allow more than 300 occupants in the Community Building when tables and chairs are used, or more than 475 occupants in the Community Building when only chairs are used. Any person or entity violating this provision shall, upon conviction, be fined not less than $50 nor more than $250 for each offense. For purposes of this provision, each person in the Community Building above the aforementioned occupancy restrictions shall constitute a separate offense.
(K) It shall be unlawful for any person or entity to violate the current Fire Department rules and regulations when using the Community Building. Any person or entity violating this provision shall, upon conviction, be fined not less than $50 nor more than $250 for each offense; unless otherwise stated in another applicable city ordinance, in which case the fine stated in the aforementioned applicable ordinance shall control.
(L) It shall be unlawful for any person or entity to use the Community Building in violation of any city rules and regulations, ordinance or resolution, including but not limited to, zoning ordinances. Any person or entity violating this provision shall, upon conviction, be fined not less than $50 nor more than $250 for each offense; unless otherwise stated in another applicable city ordinance, in which case the fine stated in the aforementioned applicable ordinance shall control.
(M) Any applicant or occupant of the Community Building may be charged with the ordinance violations detailed in this chapter. However, the applicant shall be presumed responsible for any violation occurring, unless the applicant can prove the violation occurred without the applicant’s knowledge or despite the applicant’s best efforts to prevent the violation. For the purposes of this provision, “BEST EFFORTS” shall be defined as the steps a reasonable person would take.
(Ord. 2007-O-1, passed 2-12-07)