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R-35792. When no admission is charged, no collection or pledges taken, no space or merchandise sold, and no revenue of any character derived, either directly or indirectly, the Director may grant permission for the use of the Auditorium at a rental of sixty percent (60%) of the Commercial Rental Rates established. Failure to qualify under this section by charging admission or taking of collections or pledges, whether within or away from the Auditorium premises, shall result in the charge of established commercial rates which shall be due and payable as provided herein. (h) Special Rental Basis — Schools. The Director may grant permission to use the Auditorium or any part or facility thereof to any Santa Monica Public School District or to any non- commercial parochial school of similar educational standards, at a rental to be determined by the Director, but in any event not less than sixty percent (60%) of the commercial rental rate established. Any such use of the Auditorium shall be subject to the following terms and conditions: 1. In the case of an application for the use of the Auditorium by a public school, the application must be approved in writing by an authorized official of the school upon order of the Board of Education of the school district making the application. If the application is made by a parochial school, said application must be approved in writing by the executive head thereof, or by some other authorized officer upon the order of the controlling board thereof. 2. The event or attraction must be a regular school function or a recognized extra-curricular activity sponsored directly by the school itself and not by any outside agency. 3. The* same rates as are charged other persons or organizations shall be charged any school district or school for special facilities and extra services as herein set forth and defined. (i) Free Rental Basis — Patriotic, '"ivic, or Public Necessity. The Director, subject to the approval of the City Manager, may grant permission to use the Auditorium or any part or facility thereof, without charge, to any reputable person or organization when such use shall not conflict with other events or attractions for which a rental is received, for purposes which, in the opinion of the Director are purely patriotic or civic in nature or to meet some public necessity, subject to the following terms and conditions: 1. The event or attraction must be of city-wide interest and scope and must not be sponsored entirely to further the interests of any individual, organization, or group. -8- 2. No admission charge may be made nor any collections or pledges taken, and if any permittee under this subdivision makes any admission charge or takes any collection or pledge in connection with any usage of the Auditorium or any part or facility thereof, permittee shall be charged and shall pay the established commercial rental rate, which shall be due and payable as provided herein. 3. The same rates as are charged other permittees shall be charged free rental basis users for special facilities and extra services as herein set forth and defined. SECTION 14. REFUNDS OF ADVANCED RENTAL DEPOSITS. (a) Refund of advanced rental deposits may be authorized (1) where permittee gives written notice of cancellation to the Director at least twenty-one (21) days prior to the date reserved and if the Director determines that no detriment will result to the City from such cancellation; or (2) where the scheduled performance is cancelled by the Director under any of the terms of the resolution governing the management of the Auditorium; or (3) where the scheduled performance is otherwise cancelled at the request of the Director and with the consent of the permittee. (b) The right to recover any refund shall not be assignable except by operation of law, and such right shall be barred and the money to which any applicant shall be entitled shall be and become the sole property of the City upon the expiration of one year following the date the right to such refund has accrued. SECTION 15. TICKET AND ACCOUNT CONTROL OF PERMITTEE. In connection with any use of the Auditorium upon a percentage basis, the Director shall have the right, whether or not such right is expressly mentioned in the permit, to prescribe the form of tickets, accounts, records, and reports that shall be used by the permittee in staging the event or attraction and in accounting for the gross receipts thereof, and at any and all times make, by himself or by his authorized representative, such" investigation or inspection of any or all of permittee's tickets, accounts, records, and reports as may, in his opinion, be required for the purpose of verifying the amount of such gross receipts. Whether provided in the permit or not, the permittee shall secure all admission or other tickets from a bonded ticket printing company meeting with the approval of the Director and shall direct that said ticket company transmit the ticket manifest directly to the Director. Samples of all passes and the number of passes which may be issued must meet with the approval of the Director, and. if passes are issued in excess of the number authorized by the Director, permittee shall be required to account for the unpaid admissions in excess of the approved number of passes, as though the full admission charge had been paid therefor. -9- SECTION 16. OCCUPANCY FOR REHEARSALS. The rentals specified in the foregoing schedules and subdivisions of this resolu- tion may entitle a permittee or artist, with the permission of the permittee, one full rehearsal, practice or drill of not more than four consecutive hours, without additional cost, the date and hours of such rehearsal shall be at the discretion of the Director and shall be subject to cancellation by him upon twenty-four hours' notice. Subject to the same approval as to date and hours and subject to the same right of cancellation, occupancy for additional rehearsals (whether dress rehearsals or otherwise) may be permitted at such charges as may be fixed by the Director, but in no event less than the amounts set forth in the schedule of extra charges kept on file with Director. SECTION 17. ISSUANCE OF PERMITS FOR USE OF AUDITORIUM KITCHEN FACILITIES. The Director may issue permits for the use of the kitchen facilities in the Auditorium in accordance with the following additional special provisions relating to such permits. (a) No permit for the use of such kitchen facilities shall be issued for the service of less than 250 meals at any one service. (b) No permit shall be issued to other than a caterer or an eating establish- ment duly licensed to engage in such business in the City. No permit shall be issued to a caterer or duly licensed eating establishment who or which does not possess the requisite professional ability or quality of service. The Director is hereby invested with the power reasonably to determine whether or not a prospective permittee or applicant for such permit qualifies for the issuance of a permit within the meaning of the preceding sentence. (c) By his acceptance of a permit to use the Auditorium kitchen facilities, a permittee agrees to adhere to the "California Restaurant Act, " as provided in the State Health and Safety Code. (d) Any permit issued pursuant hereto shall provide that the permittee shall quit the Auditorium kitchen at the expiration of the time provided in the permit and that he shall leave the kitchen facilities in the same condition as before his use thereof, except for ordinary wear and tear. Each permittee shall reimburse the City for any loss or damage to kitchen facilities and equipment, and shall pay the cost of any cleanup service rendered by the Auditorium staff. (e) A permittee shall not sublease or assign the permit or any portion thereof without written permission of the Director. Any purported sublea.se or assignment made without such written permission shall be invalid. -10- SECTION 18. GENERAL TERMS AND CONDITIONS. (a) Compliance with Rules and Regulations. All permittees, licensees, concessionaires and/or their agents and/or employees shall at all times conform to all rules and regulations for the use and occupancy of, and operations in, the Auditorium, as adopted, issued and/or ordained, from time to time, by the City Council or the City Manager of the City of Santa Monica, or the Director; and any violation of such rules and regulations by any of the foregoing persons mentioned in this section shall, at the discretion of the Director, subject such violator or violators to immediate expulsion from the Auditorium and the forfeiture of all rents, percentages, or other fees theretofore paid, and without releasing in any manner any obligations for the payment of the rents, percentages, or other fees required to be paid under such permit for the full term thereof. (b) Permit must be Written. No verbal agreements for the use of the Auditorium or any part or facility thereof shall be binding upon the Auditorium Management or upon the City. The permittee shall accept the permit issued by the Director for any use of the Auditorium or any part or facility thereof, and such permit, when so accepted, shall constitute the contract between the City and the permittee, which contract shall be subject to approval of the Director, and as to the form thereof shall be approved by the City Attorney. (c) Use for Municipal Purposes. Nothing herein contained shall be construed to prevent the use of the Auditorium or any part or facility thereof for municipal purposes, subject to the approval of the <""ity Manager, except, however, that when an admission fee is charged or revenues accrue from such municipal usage or other privileges of any character operated by or under the authority of representatives of the City, the Director shall collect out of the gross receipts, or any other revenues therefrom, and pay over and deposit witli the Treasurer of the City, not less than an amount equal to the actual operating and gross overhead expense incidental to such usage, as com- puted by the Director, nor more than the maximum rental rates and other charges, as prescribed by this resolution. (d) Deposit of Moneys. All moneys received for use and services of the Auditorium shall be paid over and deposited by the Director to and with the City Treasurer. -11- (e) Contracts and Cancellation. The Director is authorized to contract for the rental of the Auditorium, on behalf of the ""ity, subject to the provisions hereof. The Director, subject to the approval of the City Manager, may cancel the contract of any person or organization as to the use of any portion of the Auditorium when such person or organization, in the opinion of the Director, is not acting for the best public interests. (f) Payment Prior to Occupancy. All rentals for the use of the Auditorium shall be paid prior to the occupancy of said Auditorium by the permittee. The Director, in his discretion, may designate the length of time prior to the staging of any event in which these payments shall be made. In cases where the rental involves the payment of a stipulated percentage of gross receipts in lieu of the flat rental rates herein, the Director shall determine the amount of the advance deposit, but in no case shall the Director permit the occupancy of the building by any permittee until not less than the minimum guarantee, plus the cost of any special facilities or extra services which can be determined or estimated in advance by the Director, has been paidr If for any reason any permittee cancels or fails to hold a scheduled attraction, without the written approval of the Director, or in case any permittee fails to make the necessary payments as provided herein, permittee shall be in breach of contract and the City's minimum damages shall be deemed to be the full fee for use of the Auditorium and City shall have a lien and a right of set off for its damages against any of permittee's money held by City. (g) Damage; Indemnification; Insurance. By his acceptance of a permit as hereinabove provided, permittee shall covenant and agree to relieve and discharge the City and the officers and employees of said City from any and all liability for loss and/or injury and/or damages to any person and/or persons and/or property that may be sustained by reason of the occupancy and use of said Auditorium and of the facilities thereof, and to save them free and harmless therefrom; and every permittee shall further agree to pay for any and all damage to said Auditorium and damage to or loss of any of the property and/or equipment of said Auditorium and/or any other City property, resulting, either directly or indirectly, from such occupancy and/or use of said Auditorium, by or through the negligence and/or other acts of permittee, his agents and employees or any person or persons participating in or attending the performance, attraction or affair in connection with or during said use and occupancy; provided, however, that the Director may, whenever in his opinion the circumstances may warrant same, require that such permittee shall secure and indemnify the City, and such other persons as they shall designate, against any and all such liability, loss, injury, and damage, by procuring, paying for and keeping in force a policy of liability and/or -12- indemnity insurance, or a surety bond, for such purpose or purposes, which said policy of insurance or bond shall be written and issued by a reputable and solvent insurance or surety company, as the case may be, authorized to do business in the State, and such policy or bond shall be subject to approval as to form thereof by the City Attorney of the City. Provided further that no permit shall be issued for the use of Auditorium facilities unless the permittee as an insured has procured and unless he shall agree to maintain in full force and effect during the period of use covered by his permit, a policy or policies of public liability and property damage insurance. Said policy or policies shall cover the following hazards in the following minimum amounts: 1. Bodily injury or 1. Each person $250,000.00 Death Liability 2. Each occurrence" $500,000.00 4. Aggregate products $125,000.00 2. Property Damage Liability--$25, 000. 000 In like manner, whenever in the opinion of the Director the circumstances may warrant same, a permittee shall procure, pay for and keep in force, Workmen's Compensation Insurance for and on behalf of, and protecting, the agents and/or employees of such permittee, provided, further, however, that whenever under the laws of the State, such permittee shall be required to cover his, her, or its agents and/or employees by Workmen's Compensa- tion Insurance, such law or laws shall be complied with, notwithstanding the exercise of or failure to exercise such discretion of said Director with regard thereto. (h) Compliance with Applicable Laws Permittee of said Auditorium, their agents and/or employees shall at all times strictly comply with and abide by all laws and ordinances, Federal and/or State and/or Municipal, and applying to or affecting the use and occupancy of said Auditorium. (i) Police Protection. Every permittee shall furnish or pay for such police protection as may be required by the Director during the occupancy of such permittee, and if any permittee fails or refuses to furnish police protection satisfactory to the Director, the Director may furnish the same and charge the cost thereof to the permittee. (j) Maintenance of Records. The Director shall maintain proper records of all space reserved and services rendered. He shall also file with the Director of Finance-^ity Controller audit copies of such receipts, invoices and other financial documents as the Director of Finance-City Controller may require. -13- (k) Right of Entry. The Director and other duly authorized representatives of the City shall have the right to enter the Auditorium, and all parts thereof, at all times during any and all Auditorium occupancies. (1) Payment of Taxes. Payment of all Federal, State, County, and City taxes in connection with any attraction shall always be the liability and responsibility of the permittee; however, if the Director deems it advisable for the protection of himself and the protection of the City, he may have the authority to collect all such taxes and pay them over to the proper representatives of the State, Federal, or other units of government. (m) Use of Copyrighted Material. No copyrighted musical compositions of the members of the American Society of Composers, Authors and Publishers or any other copyright owners, shall be played or sung in connection with any use of the Auditorium or any part or facility thereof, either amplified, televised, or otherwise, and either in the form of a mechanical recording or personal rendition, unless the sponsor of the program shall have first paid any license fee or other fee required by said society therefor, or other copy- right owner. By his acceptance of his permit as hereinabove provided, the permittee shall covenant and agree to indemnify the City and the officers and employees of said City, and to save them free and harmless from any and all liability or responsibility whatsoever for infringement of, and/or other violation of, the rights of said society, or any other copyright owner, under any copyright law. (a) Use of Walls and Drapes. The hanging of pictures, banners, or any other decoration or anything on walls or drapes within the Auditorium is prohibited unless or until approved in writing by Director or unless installation is done by Auditorium personnel and such labor costs involved are paid by the permittee. SECTION 19. RESERVATIONS OF AUTHORITY TO CITY MANAGER AND CITY COUNCIL. Notwithstanding any provisions herein contained, the City Manager, subject in each case to the approval of the City Council, shall have the authority to enter into any lease or leases covering any portions of the Auditorium upon such terms, covenants, and conditions as may be acceptable to him and approved by the rity Council. -14- SECTION 20. ANNUAL REPORT OF NONCOMMERCIAL USE. On or before July 20 of each year, the City Manager shall submit to the City Council a report for the preceding fiscal year showing: (a) Noncommercial use of the Auditorium by classification. (b) Total revenues, total expenditures, and debt service and depreciation. SECTION 21. REPEAL OF EARLIER RESOLUTIONS. Resolution No. 2086( CCS) , Resolution No. 2719(CCS) and Resolution No. 3011 ( CCS) are hereby repealed. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED and APPROVED this 2£fch day of 1967. ATTEST: February _^-JLjS •^sf^ Mayoa; I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Santa Monica at a regular meeting thereof, held on the 2&th day of February , 1967, by the following vote of the Council: AYES: NOES: ABSENT: APPROVED AS TO FORM: Councilmen: Councilmen: Councilmen: Corey, Hoover, Reidy, Sorensen, Spurgin, Wamsley, Minter None None City GYerk Assistant City Attorney -15-