CHAPTER 14 SPORTS ARENA AND MEMORIAL HALL

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1 CHAPTER 14 SPORTS ARENA AND MEMORIAL HALL Charges for use of the Sports Arena and Memorial Hall Same - Not to cover extra employees Control and authority of city manager Leases generally Subleases Removal of lessees' equipment or rental charge thereon upon expiration of leases Termination of leases because of emergency Suspension of performances because of violations by lessee Refusal of use; refusal of admittance to and ejection of objectionable persons Contracts between lessees and stage hands and public address system operators Hiring of additional police and firemen by lessees Extra time for rehearsals, etc Alteration of premises by lessees Decorations Posting of signs Supervision of juveniles Maximum number of persons permitted in buildings, sale of excess tickets Concessions Permission to sell or consume cereal malt beverages and/or alcoholic liquor at Memorial Hall Permission to sell or consume alcoholic liquor in Sports Arena Prohibited acts; duty of sponsor Sec Charges for use of the Sports Arena and Memorial Hall. Subject to review and modification by the Governing Body, the City Manager is authorized to promulgate, implement and establish and enforce such fees and charges as he may from time to time deem appropriate to regulate use of the Sports Arena. The City Manager or his designee shall establish reasonable rental fees for use of Memorial Hall. (Ord , Adop. 10/07/03; Ord. 7317, Adop. 10/23/90) Sec Same - Not to cover extra employees. The rental charges fixed in this chapter shall cover the services of only those employees of the city who are regularly employed on the Sports Arena building staff, and shall not cover the services of extra employees or other persons. (Ord , Adop. 10/07/03) Sec Control and authority of city manager. The Sports Arena building and premises, including keys thereto, shall at all times be under the control of the City Manager or his designee, and he or his duly authorized

2 representatives shall have the right to enter the premises at all times during the period covered by any lease agreement. (Ord , Adop. 10/07/03) Sec Leases generally. All leases on the Sports Arena building and Memorial Hall, or any portion thereof, shall be in writing on forms furnished by the City, in the case of the Sports Arena or the City's designee, in the case of Memorial Hall, and before the same are binding, they shall be executed for and on behalf of the City or its designee, by the City Manager or his designated representative, and the proper fees required as provided in this chapter shall be paid in advance. A lessee, by entering into such agreement, shall thereby waive any claim against and shall indemnify, save and hold harmless the city and its governing body, and its representatives, for any damages to the premises, fittings, equipment and furnishings of the Sports Arena building or Memorial Hall during the time the premises are used or occupied under the lease, and against claims of any and all persons for injury to persons or damage to property occasioned by or in connection with the use of the premises by the lessee. (Ord , Adop. 10/07/03) Sec Subleases. No lessee shall assign any lease on the Sports Arena building or Memorial Hall, or any portion thereof, or any rights under such lease without the express written consent of the City Manager or his designee. (Ord , Adop. 10/07/03) Sec Removal of lessees' equipment or rental charge thereon upon expiration of leases. The City Manager or his designee shall have the right to remove all equipment and effects of any lessee immediately after the expiration of the lease at the expense of the lessee, or, in the alternative, to charge rental thereon after the expiration of the lease. (Ord , Adop 10/07/03) Sec Termination of leases because of emergency. In case of fire, casualty, or some other unforeseen occurrence which renders impossible the fulfillment of a lease by the City or its designee, such lease shall be immediately terminated, and rental shall be paid only for the time the premises are actually used. The lessee shall waive any claim for damages in the event of such termination. (Ord , Adop. 10/07/03) Sec Suspension of performances because of violations by lessee. In case the lessee violates or fails to comply with any of the provisions of this chapter, the City Manager or his designee may discontinue the performance or program until such time as satisfactory compliance is assured. (Ord , Adop. 10/07/03) 14-2

3 Sec Refusal of use; refusal of admittance to and ejection of objectionable persons. The City Manager or his designee is granted the authority to refuse the use of the Sports Arena building or Memorial Hall, or any part thereof, to any lessee when such use would be contrary to sound public policy or where, in the opinion of the City Manger or his designee, such use would be objectionable to the public. Also, the City Manager or his designee is granted the authority to forbid entrance to or eject any objectionable or disorderly persons, and each lease on the Sports Arena building or Memorial Hall, or any part thereof, shall contain a clause whereby the lessee waives any claim for damages against the Governing Body, the city, its designee, or its representatives, for any such action. (Ord , Adop. 10/07/03) Sec Contracts between lessees and stage hands and public address system operators. All contracts made between any lessee of the Sports Arena building or Memorial Hall and stage hands and public address system operators shall be subject to the approval of the City Manager or his designee before becoming operative. (Ord , Adop. 10/07/03) Sec Hiring of additional police and firemen by lessees. Each lessee of the Sports Arena building or grounds or Memorial Hall, or any parts thereof, shall employ at his expense, such additional city police officers or firemen for any event as in the opinion of the City Manager or his designee are required to protect life or property or to enforce city ordinances or state statutes pertaining to the use of such buildings or grounds. (Ord , Adop. 10/07/03) Sec Extra time for rehearsals, etc. The City Manager, his designee, or his representative, at their discretion, may grant extra time without charge to a lessee for rehearsals, preparation, moving in or out, etc., where no admittance or other fee is charged by the lessee during such time, and provided such rehearsals are the forerunner of a coming attraction in the Sports Arena building or Memorial Hall. (Ord , Adop. 10/07/03) Sec Alteration of premises by lessees. Each lessee shall take the premises in the condition he finds them, and in the event any lessee finds it necessary to remove or change the location of any stage rigging, or other equipment, such changes shall be made at his expense, and the lessee shall agree to change all of such stage rigging, or other equipment, back to the condition in which the same were found; provided, no lessee shall erect any stand, platform, railing or other structure in the Sports Arena building or Memorial Hall until and unless a plan or description thereof is approved by the City Manager, his designee, or his representative. (Ord , Adop. 10/07/03) 14-3

4 Sec Decorations. No decorative or other materials shall be attached to any part of the building so as to damage the building, No bunting or tissue paper or other inflammable materials, shall be used for decorative purposes or otherwise except under express arrangements made therefor with the City Manager or his designee as to the extent and the manner of use of such material. (Ord , Adop. 10/07/03) Sec Posting of signs. No signs shall be posted except on spaces provided therefor. The lessee shall remove any signs not meeting the approval of the City Manager, his designee, or his representative. (Ord , Adop. 10/07/03) Sec Supervision of juveniles. Any lessee who leases any unit of the Sports Arena building or Memorial Hall primarily for juvenile entertainment must provide such supervision as is required by the City Manager or his designee. (Ord , Adop. 10/07/03) Sec Maximum number of persons permitted in buildings; sale of excess tickets. A greater number of persons than can safely and freely move about, in the opinion of the City Manager or his designee, shall not be admitted to the Sports Arena building or Memorial Hall at any one time. No lessee shall, without the express written consent of the City Manager or his designee, sell more tickets than the seating capacity of the building covered by the lease. (Ord , Adop. 10/07/03) Sec Concessions. The City's governing body shall have the sole right to conduct and control, either directly or through separate agreements, all concessions whatsoever in the Sports Arena building or Memorial Hall, including, but not being limited to, concessions for checking property, for the sale of confections, food and beverages, for the sale or rental of other articles, for the distribution of programs, for the making of photographs, and other privileges; provided, that the governing body may grant exceptions in specific cases. (Ord , Adop. 10/07/03; Ord , Adop. 12/17/02) Sec Permission to sell or consume cereal malt beverages and/or alcoholic liquor at Memorial Hall A. The sale and/or consumption of cereal malt beverages at Memorial Hall may be permitted pursuant to Sec and , under the following conditions: 14-4

5 1. An application for an event at which there will be such sale and/or consumption of cereal malt beverages is made on a form provided by the City Manager or his designee; 2. Such application is made thirty (30) days in advance of the planned event; 3. The sponsor provides adequate information describing the ages of attendees and the measures to be taken to guarantee persons younger than 21 years of age are not served or permitted to drink cereal malt beverages; 4. Any other special conditions imposed by the City Manager or his designee, including but not limited to, the location of such sale and/or area of consumption and the length of time such sale is permitted to take place; 5. The application is approved in advance by the City Manager or his designee in writing; 6. It is understood that such approval is discretionary and not a right. B. The sale and/or consumption of alcoholic liquor at Memorial Hall may be permitted pursuant to Sec (e) and (c)(3) under the following circumstances: Any rental of the facility receiving prior written approval from the City Manager or his designee, and: 1. The event is consistent with those allowed by prevailing community standards; 2. The renter must provide the City Manager or his designee all information necessary to insure that all alcoholic beverage laws are observed; 3. The City Manager or his designee may establish any special conditions he/she determines are appropriate for the occasion; 4. Alcoholic liquor or cereal malt beverages may only be served in paper or plastic containers, unless special circumstances dictate otherwise, and are approved in advance by the City Manager or his designee; and 5. It is understood that such approval is discretionary and not a right. (Ord , Adop. 5/01/07; Ord , Adop. 10/07/03; Ord , Adop. 2/17/02) Sec Permission to sell or consume alcoholic liquor or cereal malt beverages at the Sports Arena A. The sale and/or consumption of cereal malt beverages at the Hutchinson Sports Arena may be permitted pursuant to Sec and , and the sale and/or consumption of alcohol liquor at the Sports Arena may be permitted pursuant to Sec and (c)(3) under the following conditions: 14-5

6 B. Any convention group lessee receives prior written approval from the Director of the Greater Hutchinson Convention/Visitors Bureau. A convention group is defined as an incorporated organization that: 1. is an organization with a specific mission and goal; 2. has a membership from throughout a specific region or area; 3. has a scheduled meeting planned during their stay in Hutchinson or South Hutchinson; 4. works with the CVB in organizing a particular convention, and 5. has a room block of more than twenty-five rooms at a local hotel/motel property. C. All other applicants: 1. Requirement for the sale and/or consumption of Cereal Malt Beverage: a. An application for an event at which there will be such sale and/or consumption of cereal malt beverages must be made on a form provided by the City Manager or his designee; b. Such application is made thirty (30) days in advance of the planned event; c. The sponsor provides adequate information describing the ages of attendees and the measures to be taken to guarantee persons younger than 21 years of age are not served or permitted to drink cereal malt beverages; d. Any other special conditions imposed by the City Manager or his designee, including but not limited to, the location of such sale and/or area of consumption and the length of time such sale is permitted to take place; e. The application is approved in advance by the City Manager or his designee in writing; right. f. It is understood that such approval is discretionary and not a 2. Requirements for the sale and/or consumption of alcoholic liquor: 14-6

7 a. Rental of the facility receives prior written approval from the City Manager or his designee, and: (1) The event is consistent with those allowed by prevailing community standards; (2) The renter must provide the City Manager or his designee all information necessary to insure that all alcoholic beverage laws are observed; (3) The City Manager or his designee may establish any special conditions he/she determines are appropriate for the occasion; (4) Alcoholic liquor or cereal malt beverages may only be served in paper or plastic containers, unless special circumstances dictate otherwise, and are approved in advance by the City Manager or his designee; and (5) It is understood that such approval is discretionary and not a right. (Ord , Adop. 5/01/07; Ord , Adop. 12/21/04; Ord , Adop. 12/17/02; a Ord. 7391, Adop. 3/23/93) Sec Prohibited acts; duty of sponsor. a. It shall be unlawful for any person to sell, introduce into, attempt to introduce into, possess or consume any alcoholic liquor or cereal malt beverage within the facilities known as the Hutchinson Sports Arena or Memorial Hall, except as provided in Sec and Sec b. It shall be the duty of the person or group sponsoring an event in either such facility to implement measures required by the City Manager or his designee and reasonably calculated to minimize violations or subsection "a" of this section. c. The terms "alcoholic liquor" and "cereal malt beverage" shall, for the purposes of this section, have the meaning respectively ascribed to them in Chapter 18 of this code. (Ord , Adop. 10/07/03; a Ord , Adop. 12/17/02; a-c Ord. 7391, Adop. 3/23/93) 14-7