Chapter 11.09
LOUIS J. NEWMAN MEMORIAL CENTER
Sections:
11.09.070 Right to enter and/or terminate.
11.09.090 Alcoholic beverages.
11.09.100 Sublease prohibited.
11.09.120 Use of City equipment.
11.09.170 Rates to be charged.
11.09.010 Definitions.
For the purpose of this chapter, certain words and phrases used herein are defined as follows:
“Holiday” means any day recognized as a municipal holiday by the City, including January 1st, Martin Luther King Day, third Monday in February, last Monday in May, July 4th, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, December 25th, and other such days as the City Council may from time to time declare a municipal holiday.
“Local public or private nonprofit organization” means any community service organization, recreation organization or tax supported organization located within the service area, and which meets the following criteria:
A. Must possess an IRS tax exempt identification number.
B. Have a constitution and bylaws designating the function of the organization.
C. Have a Board of Directors responsible for the affairs of the organization.
D. Upon request of the City Manager, produce a financial statement regarding the disposition of funds raised from the use of City facilities.
“Regular renters” means those persons or organizations which have reserved the building for their exclusive use at fixed dates and times throughout the year. Special rates for regular renters shall not apply when fund raising activities are held. It is recognized that from time to time, activities of interest to the City or of general community-wide interest may conflict with the hours of use for regular renters. In that event, the interest of the City, or the community at large, will take precedence and the regular renters may be required to reschedule their use of the building.
Rental Day. A “rental weekday” shall be from 9:00 a.m. on the day of rental through 12:00 midnight of the same day. A “rental weekend day” shall be from 9:00 a.m. on the day of rental through 1:00 a.m. of the following morning. Occupancy of the building may be extended from the end of the rental day until 7:00 a.m. for the purposes of cleaning.
“Service area” means that area encompassed by the Newman-Crows Landing Unified School District.
Weekend. “Weekends” shall be deemed to commence on each Friday at 6:00 p.m. and terminate at the end of the rental day on the following Sunday. In the event that occupancy of the building occurs prior to the start of a weekend, and use of the building extends into the weekend, all rules and fees governing weekend use shall apply. Holidays shall be treated as a weekend day.
11.09.020 Capacity.
The capacity of the building shall be limited to 207 persons seated for dining, or 445 persons standing.
11.09.030 Reservations.
A. All reservations must be accompanied by 50 percent of the applicable use fee or a $50.00 reservation fee, whichever is greater, and which shall be credited toward full payment of the applicable use fee. Regular renters shall be exempt from payment of reservation fees for their regular rental dates.
B. In the event of a cancellation, the City shall retain 50 percent of the reservation fee unless the applicant provides at least 15 days’ advance notice of the cancellation.
11.09.040 Rental application.
Applications constitute a legal contract and shall be signed by an individual 21 years of age or older representing the group or organization desiring the use of the building. The individual affixing his signature assumes the responsibility and liability for the organization or group he is representing in the use of the City owned facility. Address and telephone number verification may be required of the applicant. Signature of the applicant shall verify that the applicant has read and understands the Louis J. Newman Memorial building rules and regulations and agrees to abide by such rules and regulations. A “hold harmless” agreement absolving the City from liability arising out of the use of the building shall be made part of the application.
11.09.050 Cancellation.
The City reserves the right to cancel any and all reservations for any reason without notice if the City has reason to believe that the use of the building for the intended purpose may be detrimental to the health, safety or welfare of the City or its residents. In the event that a reservation is cancelled, the City shall take reasonable steps to advise the applicant at the earliest time practicable.
11.09.060 Duration of event.
No event shall continue beyond the end of the “rental day” as set forth above (see Definitions, NCC 11.09.010).
11.09.070 Right to enter and/or terminate.
The City Manager or the Chief of Police or their designees shall have the right to enter the building at any time for the purpose of inspections, and may immediately terminate all activities deemed to be: In violation of these rules and regulations; in contravention of law; or detrimental to health, safety or welfare of the public or the rental premises. Termination of an event shall not constitute a release from the applicants obligations as set forth in these rules and regulations, rental agreement, or supporting documents attached thereto. Nor shall termination of an event constitute a right to demand a refund of use fee or deposits from the City.
11.09.080 Damages.
Renter or his employees, agents, relatives, friends, guests or patrons shall be responsible to the City for any and all damages and/or losses to the real and personal property at the Louis J. Newman Memorial building including but not limited to the building, equipment, lights, toilet fixtures, parking lot, furnishings/appliances, cooking utensils, landscape and adjacent private property. Renter shall be financially liable for the full and actual amount of any and all damages. The extent and amount of damages shall be determined by the City.
11.09.090 Alcoholic beverages.
Alcoholic beverages may be served subject to the following regulations:
A. Security personnel shall be retained for the duration of the entire event unless such requirement is waived by the Chief of Police. The application shall be referred to the Chief of Police who shall determine the number of security personnel required. Verification that applicant has retained the required number of security personnel shall be provided by the security company at least 10 days prior to the rental day.
B. Alcoholic beverages may be offered for sale only by “local public or other private nonprofit organizations” (see Definitions, NCC 11.09.010). Any such organization engaged in the sale of alcoholic beverages must secure either or both of the following:
1. A 24-hour sale of liquor permit issued by the Alcoholic Beverage Control Board Office in Stockton, California, for the day and place specified only.
2. A valid liquor catering license issued by the Alcoholic Beverage Control Board of the State.
This required permit must be displayed in the area alcoholic beverages are being served.
C. Alcoholic beverages may be served only from the counter and window located in the wall separating the kitchen and main hall unless otherwise permitted by the Chief of Police or City Manager.
D. No alcoholic beverage in an unsealed container shall be carried in or out of the building.
E. No alcoholic beverages shall be consumed in the street, parking lot or property surrounding the building.
F. No alcoholic beverages shall be sold or served to minors, either inside or outside the building.
G. Renter is responsible for the compliance of guests with these rules and regulations. Renter shall advise security personnel of such rules and regulations and shall inform security personnel of violations and shall affirm the obligation of security personnel to enforce such rules and regulations. Renter shall call for police assistance in the event that security personnel are unable to maintain compliance.
H. No alcoholic beverages may be served after one-half hour prior to closing. All alcoholic beverages will be removed from the premises and transported to a location other than the City-owned property.
11.09.100 Sublease prohibited.
It shall be unlawful for any person or organization to sublease or to assign, wholly or in part, any rental rights granted by the City, to any other person or organization.
11.09.110 Cleaning.
All spills shall be cleaned immediately. The following cleaning must be completed immediately following every activity or event prior to leaving the building:
A. Dispose of all foodstuffs in plastic trash bags including cooking oils and oily liquids. No oils shall be poured down drains.
B. Wash and store all cooking utensils and dishes.
C. Clean all food spills from floors, counters, appliances, etc.
D. Dispose of all cans, bottles, litter and debris in plastic trash bags.
E. Put trash bags into outside trash bin or in appropriate container next to bin.
The remaining items on the cleaning checklist must be completed prior to the start of the next rental day at 9:00 a.m.
In every case, all cleaning must be completed prior to use by the next scheduled rental party.
11.09.120 Use of City equipment.
A. Renter shall be solely responsible for setting up, arranging, taking down, cleaning, stacking and storing all tables and chairs. Renter shall identify not less than two people who will be responsible to perform these tasks.
B. Any and all personal property and equipment within or about the premises shall not be removed without the written permission of the City Manager or his/her designate.
11.09.130 Decorations.
No decorations shall be hung from any light fixture or attached to walls in any manner that would damage or mar the walls. Masking tape may be used to attach wall decorations. Cellophane tape shall not be used.
11.09.140 Dances.
Dances for which admission is charged may be held only by local public or private nonprofit organizations. (Ord. 85-7, 5-14-1985)
11.09.150 Equipment failure.
The City will maintain all City-owned equipment in the building in good operating order. Nonetheless, it is recognized that unanticipated malfunctions may occur in appliances or other equipment. Failure of equipment does not constitute a right to receive a refund of all or part of the use fee unless the building is rendered totally unusable in the judgment of the City. In no case shall the City be considered liable to reimburse costs in excess of the use fee. (Ord. 85-7, 5-14-1985)
11.09.160 Exceptions.
The City Manager shall be empowered to exercise discretion in the implementation of these rules and regulations as they apply to local public and private nonprofit organizations, particularly in defining local public or private nonprofit organizations in cases where all criteria listed in NCC 11.09.010 are not met but in his opinion it is demonstrated the organization is a secular Newman community-based nonprofit organization when, in the opinion of the City Manager, the exercise of such discretion will not be contrary to the public interests. Notwithstanding the above, no fee shall be waived or amended without formal action by the City Council providing for such waiver or amendment; provided, however, any local public or private nonprofit organization may apply for one fee waiver in any calendar year, “calendar year” meaning January through December. (Ord. 93-3, 6-22-1993)
11.09.170 Rates to be charged.
The rates to be charged to the users of the Louis J. Newman Memorial Center shall be fixed and established by resolution of the Newman City Council.
Cleaning, Breakage, Loss or Damage Deposit. Regular renters shall be liable for any and all damages (including cleaning, breakage or loss) in excess of the amount of the deposit, and shall pay to the City any amounts needed to recover said damages. (Ord. 2009-3 § 1, 3-24-2009; Ord. 85-7, 5-14-1985)
11.09.180 Penalty.
Any person who violates any provisions of this chapter shall be guilty of an infraction in accordance with the provisions of Government Code Section 36900 and shall be punished by a fine not exceeding $50.00 for a first violation; a fine not exceeding $100.00 for a second violation within one year; a fine not exceeding $250.00 for each additional violation within one year. (Ord. 85-7, 5-14-1985)