HomeMy WebLinkAbout(2001, 05/22) - I-6 - Amended0
NEWPORT THEATRE ARTS CENTER
BACKGROUND
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The Newport Theatre Arts Center (Theatre) has been the site of community theatre
productions since 1979. The Friends of the Newport Theatre Arts Center (Friends), a
non - profit public benefit corporation, have, since 1980, managed the Theatre and
offered first class theatrical productions and shows using dedicated volunteers from the
community. The Friends have presented at least four productions a year, have funded
their program through ticket sales and donations from the private sector, and have used
excess funds to purchase theatrical equipment. The plays and shows presented by the
Friends are affordable to all economic segments of this community and offer residents a
unique opportunity to attend or participate in theatrical productions. The Friends
represent the epitome of "community theatre' - a volunteer effort using principally
non -equity performers that is self funded and offers performers of all skill levels an
opportunity to develop their talents.
MANAGEMENT/ PRIMARY USE
The City Council has, pursuant to a written management agreement, appointed the
Friends as the primary user and manager of the Theatre in recognition of their
dedication, skill and effort over the years. The City Council is aware that the consistent
presentation of first class community theatre requires extensive pre - production use of
the venue for rehearsal, set construction and related activities. The City Council has
determined that the community theatre program offered by the Friends requires
exclusive use of the Theatre for continuous and extended periods of time throughout
the year and from year to year.
As manager, the Friends are required to make the Theatre available, and to supervise its
use, by other groups or organizations selected by the City (Third Party/Third Parties)
for stage plays or artistic events during no less than three (3) two -week periods each
year (Reserved Periods). The Friends are also required to allow and supervise use by
residents and local business owners for short meetings or events of limited duration.
The City Council expects the Friends, in supervising the use of the Theatre by any Third
Party, to serve as a resource, if called upon, to facilitate the efforts of community groups
authorized by City to present stage plays at the Theatre.
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RESERVED PERIODS
The City, through the Community Services.Director, is responsible for selecting the
Third Party/Third Parties that will be permitted to use the Theatre to present stage
plays or other artistic productions during the Reserved Periods. Third Party use of the
Theatre shall be granted pursuant to a special event permit and license agreement
permit). In selecting among applicants, preference shall be given to public benefit non-
profit corporations in good standing that have received a tax exempt determination
pursuant to Section 501(c)(3) of the Internal Revenue Code. Since the theatre is one of
very few venues in the area that is capable of accommodating live stage performances,
preference shall be given to an applicant seeking permission to use the Theatre for live
theatrical performances presented during at least one entire Reserved Period. The City
shall use the following criteria in selecting among qualified applicants that have
submitted timely applications requesting use of the Theatre at the same time during all
or a portion of any Reserved Period:
A. Previous experience in presenting live stage productions of a magnitude similar
to that proposed in the application;
B. Firm commitments from technical, artistic and support staff capable of producing
a live stage play;
C. The extent to which Newport Beach residents are involved in the production;
D. The extent to which the production involves or generates educational
opportunities for youth;
E. Whether the applicant has secured the rights to produce the play and the extent
to which the applicant can demonstrate the ability to pay required fees and
charges.
F. The potential for recurring use by the applicant.
In the event that no application is submitted and approved by the City authorizing
presentation of a live theatrical performance during any Reserved Period, preference
shall be given to the applicant who first submits a timely application to present a
cultural or artistic event that is consistent with the historical usage of the Theatre.
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The Community Services Director is authorized to meet and confer with applicants who
have submitted conflicting requests in an effort to determine if the applicants are
willing to modify the requests to avoid the conflict. The Community Services Director
is also authorized to partially grant or modify any application to eliminate conflict or to
preserve use of the Theatre for the City or for other purposes.
While the Community Services Director will generally determine Third Party use of the
Theatre pursuant to the application process. However, the City Council may, upon a
determination that a requesting group substantially complies with the selection criteria
in A - F and at a noticed public meeting, authorize Third Party use of the Theatre for
multiple or consecutive Reserved Periods subject only to execution of the required
permit.
PROCEDURES
A. Subject to the provisions of Subsection B, any individual, group or organization
requesting permission to use the Theatre during all or a portion of any Reserved
Period, or for any event that requires a special event permit pursuant to Chapter
5.10 of the Newport Beach Municipal Code (applicant) shall file an application
for a permit. The application shall be filed with the Community Services
Department no less than 45 days prior to the first date of the Reserved Period
during which applicant proposes to use the Theatre and shall be accompanied by
the fee established by resolution of the City Council. The application shall be
submitted on forms provided by the Community Services Department, all
requested information shall be provided and an individual authorized to bind
the applicant shall sign the application. The applicant shall clearly specify the
requested dates and times for use of the Theatre and describe, in detail, the
production to be presented as well as the technical, artistic and support
personnel to be involved in the production.
B. In the event that the City Council has authorized use of the Theatre by a Third
Party pursuant to the provisions of the "Reserved Periods" section, the Third
Party shall submit the information required by Subsection A within fifteen days
after the action by the City Council but is not otherwise required to comply with
the procedures specified Subsection A.
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CONDITIONS
All use of the Theatre shall be subject to strict compliance with this Policy, the
application submitted, the "House Rules' (Exhibit A) and the terms and conditions of
the Special Event Permit and License Agreement (Permit). The House rules and the
Permit shall be provided to the applicant when the application is filed. In addition,
each Permittee shall strictly comply with the following conditions:
A. The Theatre shall not be used, or open for use, by any person before 8:00 a.m. or
after 11:30 p.m. on any day.
B. The Permittee shall take all reasonable steps to ensure that all users respect
nearby residents by minimizing noise, parking and other impacts.
C. The Permittee shall use the property, the Theater and the Theatre Equipment
with due care and in a manner that avoids any damage, any injury to any person,
and minimizes wear and tear.
D. The Permittee shall comply with all applicable laws and shall take all reasonable •
steps to ensure that guests and invitees also comply with all applicable laws.
E. The Permittee shall fully and immediately comply with all requests of the
Community Services Director and the Chief of Police or their employees.
FEES
Use of the Theatre by any Third Party shall be subject to the payment of fees to the City
for the use of the Theatre (Property Fee) and to the Friends, to the extent applicable, for
use of the stage and sound equipment (Equipment Fees) and skilled personnel qualified
to operate the Equipment (Operator Fees). The Property Fee, Equipment Fees and
Operator Fees are as specified in the Fee Schedule (Exhibit B). The Community Services
Director may waive all or a portion of the Property Fee upon request and a showing of
good cause. The Community Services Director shall collect, and remit to the Friends,
any Equipment Fees and /or Operator Fees.
Exhibit A - House Rules]
Exhibit B - Fee Schedule]
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Adopted - July 27,1981
Amended - October 22,1984
Amended - November 28,1988
Amended - October 22,1990
Amended - January 24,1994
Amended - May 22, 2001
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