HomeMy WebLinkAbout(2013, 05/14) - B-13 - AmendedB-13
1
PUBLIC USE OF CITY FACILITIES
PURPOSE
City of Newport Beach (City) facilities, which include parks, playing fields,
gymnasiums, community rooms and swimming pools, are available to the public for
civic, social, educational, athletic, cultural activities and limited commercial use. It is the
intent of this Policy to provide use regulations and application and scheduling
procedures to accommodate groups that wish to use City facilities.
PROCEDURE
A. Applications to use the City facilities must be made on forms provided by the
Recreation and Senior Services Department (Department). Applicants must
provide all information as may be required by the Department to assure
compliance with the requirements and regulations of this Policy.
B. Applicants will be required to pay a security deposit in an amount that will
promote use of the Recreation and Senior Services facilities in an orderly manner
without damage to the facilities. Security deposits will be refunded upon
inspection of facilities and confirmation that no property damage has occurred or
additional clean up is required.
C. Applicants will be required to acknowledge that neither the City nor the
Department assumes any liability for injury or loss of personal property. Prior to
the use of the facility, the application must have approval of the Recreation and
Senior Services Director or designated representative.
D. Approval of denial of a reservation request will be provided within five working
days of receipt of a completed application.
E. Reservations for use of Department facilities may be made up to six months in
advance, but no later than ten working days before the event with the exception
of park reservations which may be made no later than five working days before
the event.
B-13
2
F. The City is not liable for any and all accidental injury to any and all persons or
loss or damage to group or individual property. When it is deemed to be in the
best interest of the general public, the City will require the permittee to furnish a
Certificate of Insurance naming the City of Newport Beach as an additional
insured. The amount of the insurance shall not be less than $1,000,000 per
occurrence of commercial general liability insurance.
G. A contract shall not be transferred, assigned or sublet. All contracts will be issued
for specific facilities and for specific hours, and the premises must be vacated as
scheduled.
H. The reservation request and rental agreement must be completed and signed by
an adult age 21 and over who will attend, supervise and be responsible for the
entire event or activities. Proof of residency is required at the time of application
in order to receive the resident rate. Proof of non-profit status is required at the
time of application in order to receive the non-profit rate.
I. A Facility Use Agreement which authorizes the rental of facilities may be
revoked for violation of any rental policies.
REGULATIONS AND RESTRICTIONS
All uses of Department facilities will be subject to the following regulations and
restrictions:
A. Use of Alcohol.
1. Alcoholic beverages are prohibited and shall not be permitted in or on any
municipal facilities operated by the Department, except beer and wine
may be served for special occasions at the OASIS Senior Center, Newport
Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC),
Civic Center Community Room (CCCR), and Marina Park when done in
compliance with State of California Department of Alcoholic Beverage
Control (ABC) regulations and approved in writing by the Recreation and
Senior Services Director. Approval to serve beer and wine shall not be
deemed to approve service of alcohol in violation of Section 25604 of the
Business and Professions Code. The Recreation and Senior Services
Director will require the permittee to pay City costs to provide additional
security when alcohol is served.
B-13
3
2. The use of alcoholic beverages is by written permission only and must be
requested at the time the facility use request is submitted. The Department
reserves the right to place restrictions on the use of alcoholic beverages in
accordance with State Law and these guidelines. “Alcohol use” means the
presence of any beverage that contains any amount of alcohol.
3. Alcohol is not allowed when an event is designated for minors such as
school age award programs, birthday parties and/or receptions.
4. When alcohol is served, there shall be a minimum of two security guards
present at the facility at all times. The guards must arrive 30 minutes
before guest arrival time and remain until the contract end time. One
guard must be positioned at the entrance of the event and one guard
positioned in the event area. The parking lot must be monitored every 30
minutes. The security guards shall have the authority to enforce all rules
and regulations governing facility rentals. In the event that the Police are
called, the cost of their services shall be deducted from the applicant’s
security deposit. The applicant will be billed for any costs exceeding the
security deposit.
5. No alcoholic beverage shall be served to any person less than 21 years of
age. Injuries caused to any person as a result of alcoholic beverages being
served to or consumed by someone under the age of 21 while on the City’s
premises, shall be the sole responsibility of the organization or individual
renting the facility.
6. The distribution or consumption of alcoholic beverages shall be in
compliance with all applicable laws, including regulations of the ABC.
Any organization using City facilities shall be solely responsible for
obtaining all permits or licenses relating to the distribution and
consumption of alcoholic beverages on the premises.
7. Alcohol may only be served by an adult 21 years of age or older. If
evidence is found that alcohol is being served that was not authorized by
the Department or to a minor the Police will be notified and the event will
be terminated and all fees and deposits will be forfeited.
B-13
4
8. The City shall require the applicant to carry general liability insurance
when alcohol is available, but not sold. The City shall require a full liquor
liability premium in addition to general liability insurance when alcohol is
sold in exchange for money. The cost of the required liability insurance
shall be borne by the applicant.
B. Smoking is prohibited in all City facilities including restrooms and within 25 feet
of all entrances, windows, and playgrounds.
C. For all indoor facility rentals involving youth, 17 years and under, there shall be
at least one adult for every 20 minors, or increments thereof, in attendance, who
shall remain in the facility for the duration of the activity.
D. No group’s activities shall interfere with the administration of the Department.
E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and
charge entrance fees and collect donations provided that a detailed plan of the
event, including the expenses, marketing plan and procedure for collecting fees,
is submitted with the rental application.
F. Facilities and equipment are to be left in the same condition as they were prior to
the rental. The permittee is responsible to pay for any damage to property or loss
of property. A fee equal to total replacement cost will be charged. It shall be the
responsibility of the permittee to see that unauthorized portions of the facility are
not used. Continued or repeated use of City facilities will be contingent upon
care of the facility, property and equipment, and observance of all approved
rules and regulations.
G. No gambling of any kind shall be conducted on, or in, City facilities, and the
permittee shall insure that no disorderly or illegal conduct shall be allowed in
any facility.
H. The use of public address equipment will be limited to that provided by the
facility, unless written approval has been secured by the Department through a
Special Event Permit.
I. Private groups wishing to collect fees, donations or admission charges, or those
using the facility to market a product, give a presentation, or advertise their
business, will be considered commercial users.
B-13
5
J. The posted occupancy of City facilities shall not be exceeded.
K. Storage space will not be granted at anytime.
L. Facilities are not available for reservations on the following holidays: Christmas
Eve, Christmas Day, Easter, President’s Day, Independence Day, Labor Day,
Martin Luther King Day, Memorial Day, New Year’s Eve, New Year’s Day,
Thanksgiving and Veteran’s Day.
M. All persons using the facilities shall observe and obey regulations of this policy,
the rules of the Department and all applicable City, State and Federal laws, rules
and regulations.
N. Vehicles are not permitted on park grass or fields. Parking is permitted in
designated spaces.
O. Minors must remain in the rented facility room and shall not be allowed to roam
unsupervised throughout the facility.
FEE CLASSIFICATIONS - PRIORITIES OF USE
Permission for use of City facilities shall be granted on a first come first served basis,
subject to the following priorities:
A. All official Department initiated and/or conducted activities, including those of
the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City
Council Policies B-5 and B-10.
B. All official City of Newport Beach activities.
C. All official City co-sponsored groups and/or activities such as community
groups and activities which are non-profit, self governing, privately organized
and of an educational nature which may be brought under the sponsorship of the
Department.
D. Official public agency sponsored programs and activities not included in A, B,
and C above.
B-13
6
E. Youth Sports Commission Member Organizations.
F. Resident non-profit youth serving organizations with 50% or more of
membership consisting of Newport Beach residents.
G. Recreational, social or civic activities of groups which are resident promoted and
sponsored by local non-profit* organizations which are open to the public and
have 50% or more of memberships consisting of Newport Beach residents.
H. Recreational or social activities of private Newport Beach residents which are not
open to the public. (private parties)
I. Recreational, social or civic activities and/or groups which are non-resident
promoted and sponsored by non-profit organizations which are open to the
public, but not qualifying under D above.
J. Schools, colleges, hospitals and other similar civic groups not qualifying under
the definition of non-profit.
K. Others.
* Non-profit status is defined as an organization that is so defined by the Internal Revenue
Service, § 501(c) (3) and has a State of California Tax Identification Number.
FEES, DEPOSITS AND CANCELLATION PROCEDURES
Fees may be charged for the use of City facilities and shall be established and
periodically adjusted and approved by the City Council. Fees are imposed to cover
overhead, processing, deposits, maintenance and replacement costs for application and
scheduling and maintenance of the facilities.
A. A security deposit will be required for all room rentals. All or a portion of the
deposit may be retained by the Department after inspection of the facility by the
Recreation and Senior Services Director or a designated representative and a
determination that the facility has not been left clean and/or in good repair.
B. A separate additional cleaning fee will be charged for rental of the OASIS Event
Center, Newport Coast Community Center, Community Youth Center, Civic
Center Community Room, and Marina Park.
B-13
7
C. No fee or deposit shall be charged for use of City facilities by the City of
Newport Beach, or events co-sponsored by the City of Newport Beach or its
departments, with the exception of set-up charges.
D. Cancellations for any facility other than the OASIS Event Center, Newport Coast
Community Center, Community Youth Center, Civic Center Community Room,
and Marina Park may occur seventy-two hours prior to the scheduled use of
facilities without forfeiting fees collected by the City, with exception of a City
service refund processing fee. Cancellations with less than seventy-two hours
notice will be charged a cancellation fee established by resolution of the City
Council. In the event of cancellation by the City, notice will be given as far in
advance of the scheduled use as possible.
E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast
Community Center, Community Youth Center, Civic Center Community Room,
and Marina Park that occur less than thirty days prior to the scheduled use of the
facility will be charged 25% of the rental fee. Cancellations with less than
seventy-two hours notice will be charged the entire rental fee.
Adopted - May 26, 1998
Amended - May 8, 2001
Amended - April 23, 2002
Amended and Reassigned - April 8, 2003
Amended - July 22, 2003
Amended - September 13, 2005
Amended - October 10, 2006
Amended – August 11, 2009
Amended – May 14, 2013
Formerly I-25