Chapter 12.20
BUILDING USE*
Sections:
12.20.010 Standards and guidelines— Intent.
12.20.020 Permit—Required.
12.20.030 Permit—Application—Filing.
12.20.040 Permit—Application—Contents.
12.20.050 Permit—Eligibility.
12.20.060 Permit—Decision.
12.20.070 Permit—Denial.
12.20.080 Permit—Cancellation.
12.20.090 Permit—Occupancy load conformance prerequisite to issuance.
12.20.100 Permit—Selection when more than one application is received.
12.20.110 Designation of regular hours of use.
12.20.120 Schedule of fees and charges.
12.20.130 Fees and charges—Preparation and cleanup time included.
12.20.140 Additional fees and charges.
12.20.150 Fees and charges—Reservation and rental fee.
12.20.160 Security deposit.
12.20.170 Liability insurance.
12.20.180 Food and alcohol requirements.
12.20.190 Permit—Decision appeal.
12.20.200 Permit—Grant conditions—Crowd control.
* Prior ordinance history: Prior code §§ 6-208, 6-209, 6-210 and 6-211; Ords. 81, 144, 172 and 239.
12.20.010 Standards and guidelines—Intent.
A. The intent of the city council is to establish and regulate the types and priority of uses of community buildings and to establish a policy for reservations and for rental fees.
B. It is further the intent of the city council that city residents and organizations receive preferential privileges of use over persons or organization from outside the city.
C. The director as used in this chapter means the director of recreation and parks of the city. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.020 Permit—Required.
Permits for the use of all or part of the city’s community buildings now existing or constructed in the future shall be required for all activities and events. The director or the designated representative shall issue permits to adults for the exclusive use of individuals or organizations subject to the payment of fees and compliance with the city standards and, guidelines for use of community buildings, as approved in this chapter. A person may not apply for more than one date for the same function. Only one application may be submitted for each activity. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.030 Permit—Application—Filing.
Any person or organization applying for a building use permit under this chapter must file in application for the permit with the director except as otherwise provided in this chapter and in compliance with the following time requirements:
A. City Official Government Bodies. Any time prior to the proposed use of a building;
B. Non-city Official Government Use. Not more than three months prior to the proposed use of a building;
C. Residents. Not less than twenty days nor more than twelve months prior to the proposed use of a building. Applications for wedding receptions, bar mitzvahs, bat mitzvahs and christenings may be accepted not more than twelve months prior to the proposed use of a building provided the bride, groom or parent of the bride or groom or parent of person to be bar mitzvahed, bat mitzvahed or christened is a resident of Foster City and fills out and signs the application;
D. Nonresidents. Not less than twenty days nor more than ten months prior to the proposed use of a building;
E. Extended Permit. At the discretion of the director, a building use permit may be issued twelve months prior to the date of the activity for city cosponsored programs. Permits may also be issued twelve months prior to the date of use for special activities conducted by Foster City organizations that are deemed by the director to be a benefit to the Foster City community, i.e., Y.M.C.A. Project Focus, Chamber of Commerce small business counseling, San Mateo County Nursing Service, and English Second Language;
F. Special Events. Application for a building use permit for a major community-wide event open to the public and determined by the director to be in the best city and public interest may be submitted up to twelve months in advance of the scheduled event, i.e., City Birthday Party, Fourth of July, City Holiday Festival, Firemans Ball and Bowditch Graduation.
The director may waive the twenty-day period in subsections C and D of this section if the applicant waives all appeal rights provided in Section 12.20.190 and makes any required payment in cash or cashier’s check. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.040 Permit—Application—Contents.
A. The form and content of the application shall be determined by the director.
B. The application will become null and void if the total rental fee is not received within one month prior to the function or at such time as may be agreeable to the director. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.050 Permit—Eligibility.
Commercial profit making activities are prohibited. However, commercial use for trade shows and displays is permissible. Activities which solicit funds or ale for fundraising purposes shall be permitted only for political, religious or nonprofit organizations as defined in Section 501 of the Internal Revenue Code and where the intent, purpose and intended beneficiary appear on the application. The fundraising activity shall occur only during the period and in the area for which the permit is issued. Admission charges shall not be made and event tickets shall not be sold, at any time, on the premises without prior written approval from the director. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.060 Permit—Decision.
The director shall grant or deny an application within seven days after the filing of the application. The decision granting or denying the application shall be delivered in person or mailed to the applicant. The director may impose on any building use permit any requirements and conditions which are deemed to be in the city’s best interest. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.070 Permit—Denial.
A. The director shall deny any application if it is found that any of the following conditions exist:
1. The city’s community buildings will not accommodate the activity of the applicant in accordance with the standards and guidelines contained in this chapter;
2. The proposed activity is of such a size or nature that it requires the diversion of city police officers to properly safeguard the community buildings and the community;
3. The applicant refuses to agree in writing to comply with the conditions of the permit;
4. The applicant or those represented did not comply with the obligations of previous permits as described in this chapter;
5. Alcoholic beverages will be possessed or consumed by persons under the age of twenty-one;
6. Any activity will be in violation of federal, state or local law;
7. Sufficient staff is not available to properly set up, supervise and dean up the facility; and
8. The information submitted on the application is false and untrue.
B. Such denial shall be in writing and specify the grounds therefor. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.080 Permit—Cancellation.
A. Approved permits may be cancelled at the discretion of the director at any time before a scheduled event if the director determined that any of the conditions set forth in Section 12.20.070 apply and the information in the application and/or other representation made by the applicant is false and untrue. The reasons for cancellation shall be stated in writing to the applicant. The applicant’s application fee (fifty dollars) and deposit fee shall not be refundable and addition the applicant shall be charged for staff time required to cancel permit and for any police services that may be required as a result the cancellation.
B. If circumstances such as strikes, natural disaster, war or other such catastrophes makes it inappropriate for the activity to take place in the building, the director may cancel the event and refund any fees paid. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.090 Permit—Occupancy load conformance prerequisite to issuance.
The director shall determine that the attendance indicated on the application does not exceed the occupancy load of a building as established by the chief building inspector or his representative. The director shall request the chief building inspector or his representative to inspect and establish safe sitting and standing occupancy loads for individual rooms. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.100 Permit—Selection when more than one application is received.
Completed applications will be considered in the order they are received. Priority of applicants arriving simultaneously with completed applications shall be determined by a drawing conducted immediately. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.110 Designation of regular hours of use.
The designation of regular hours of use shall be set by city council resolution. Regular hours of use may be extended at the discretion of the director for special events or holidays. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.120 Schedule of fees and charges.
The fees and charges of community buildings shall be set by city council resolution. (Ord. 262 § 1 (part), 1983)
12.20.130 Fees and charges—Preparation and cleanup time included.
In computing the fees and charges for a permit, the time required for advance preparation and post-activity cleanup by the applicant shall be included in the hours being reserved. (Ord. 262 § 1 (part), 1983)
12.20.140 Additional fees and charges.
If an activity runs beyond the reserved hours of the permit, the applicant shall be billed at time and one-half the rate for each additional hour, or fraction thereof of building use. Any additional costs incurred by the city shall be the responsibility of the applicant as described in Section 12.20.160. (Ord. 262 § 1 (part), 1983)
12.20.150 Fees and charges—Reservation and rental fee.
A. A one-hundred-dollar reservation fee or the total rental fee, if less than one hundred dollars, shall be payable at the time the application is filed and shall be credited to the rental fee. The one-hundred-dollar reservation fee and balance of the rental fee are nonrefundable if cancellation of the permit is made by the applicant at any time prior to the applicant’s scheduled use of the facility.
B. The application will become null and void if the total rental fee is not received within one month prior to the function or at such time as may be agreeable to the director. (Ord. 262 § 1 (part), 1983)
12.20.160 Security deposit.
A security deposit equal to fifty dollars or double the applicable rental charge, whichever is greater to a maximum of five hundred dollars, shall be required one month prior to the date of the activity or at such time as may be agreeable to the director. Refunds of security deposits after an activity will be coordinated with the city council register of demands. Additional costs or charges incurred by the city as a result of an activity, as stated in this chapter, will be deducted from the security deposit before a refund is made. The person or persons signing the permit application shall accept full responsibility for behavior of the participants and, in case of damage or injury, shall accept cost of repair and any other city costs, including costs in excess of the deposit, that may occur as a result of the activity. (Ord. 262 § 1 (part), 1983)
12.20.170 Liability insurance.
The person or organization to whom the permit is issued shall agree to hold the city, the Estero Municipal Improvement District and their elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damages and claims for damages including personal injury, including death, as well as for claims for property damage which might arise from the use of community buildings and their furnishings. The person or organization using community buildings pursuant to this chapter may be required, at the discretion of the director, to file with the director not less than one week in advance of the time of anticipated use, certificates or other documentation evidencing insurance and endorsements consistent with the requirements set forth by the city council from time to time in the master insurance and indemnity requirements schedule. (Ord. 632 § 7, 2020: Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.180 Food and alcohol requirements.
All caterers must have a valid city business license, a copy or the number of which must be flied with the director at least one month prior to an event. Alcoholic beverages shall be dispensed only from the recreation center kitchens, main lobby, lagoon room, wind room and verandas and activity rooms of both the recreation center and community center. The service or sale of alcoholic beverages to minors (under twenty-one) shall not be permitted at any time. If alcoholic beverages are sold, a permit must be obtained from the alcoholic beverage control office. A copy of the alcoholic beverage control (ABC) permit must be presented to the recreation department five days prior to the event. The original must be displayed during the activity. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.190 Permit—Decision appeal.
In the event a request for use permit is denied or an issued use permit is cancelled the applicant shall have the right to appeal first to the director of recreation and parks, the city manager, and then to the city council. Any applicant who does not agree to the conditions stipulated or fees and charges assessed shall have the right to appeal to the city manager. The decision of the city manager shall be final. An applicant granted a permit within twenty days of his proposed use waives the right Of appeal. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)
12.20.200 Permit—Grant conditions—Crowd control.
The director may as a condition for issuance of a permit impose a requirement at the applicant’s expense of security guards to police the scheduled event. The number of guards will be established by the director of recreation and parks. The applicant, at the discretion of the director of recreation and parks, may provide licensed private control guards; or reserve Foster City police personnel as specified in Chapter 2.48 of Foster City Municipal Code. The applicant shall within thirty days prior to the event, submit to the director a copy of the contract specifying the date, location and number of guards. All private patrol companies must possess a Foster City business license and be registered with the department of consumer affairs. The director or his authorized representative and any officer of the Foster City police department and fire department shall have the right to enter all facilities, at all times during any and all occupancies. (Ord. 504 § 1 (part), 2003: Ord. 262 § 1 (part), 1983)