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.
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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.
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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.
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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.
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(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
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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.
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(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.
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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
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