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(A) Application procedures.

(1) A facility use permit is required for the exclusive civic, community or private use of the meeting hall. Such forms are provided at City Hall during normal business hours. No portion of this use permit may be assigned, sold or transferred to any other party under any circumstances.

(2) The application will not be deemed complete until all deposits and fees have been made, and all applications or other required documents have been signed and dated.

(a) Fee. A fee will be charged that is designed to partially offset the city’s costs for the use of the hall, including administrative costs.

(b) Refundable deposit.

(1) A refundable deposit shall be required to secure the use of the hall and to allow the city to recover any costs of cleaning the hall or repairing or replacing any damage resulting from the hall’s use.

(2) The deposit will be returned upon verification that a user has met all requirements and has performed in accordance with this subchapter.

(3) 

(a) General. All required refundable deposits shall be paid in full no later than 30 days prior to the date of the use, in order to reserve the hall for use. All required use fees shall be paid in-full no later than 14 days prior to the date of use. Payment of the use fees and deposits shall be made in two separate payments, either by check or cash.

(b) Cancellation. Full refund (100%) of all deposits and use fees shall be made if written notification to the city is received seven days prior to the scheduled event. If written cancellation occurs with less than seven days’ notice, 50% of the deposit will be forfeited while all (100%) of any use fees paid returned to the applicant.

(4) All applicants must be 18 years old or older. If alcohol is to be served or will be present, no person under the age of 21 shall apply for or be granted a facility use permit.

(5) Keys for the meeting hall will not be given to any applicant until all deposits and fees have been paid in full to the city. All keys must be returned to the city no later than the end of the next business day following cleanup, unless other arrangements have been approved by the city in advance. Failure to return all keys within seven days after cleanup shall result in a forfeiture of all deposits.

(B) Meeting hall rent and refundable deposit fees.

(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CIVIC GROUPS. Non-profit or governmental organizations/entities meeting for business only, where no fee or solicitation is required to attend or participate, or otherwise requested, and where the meeting is open to the general public.

NEHALEM BAY BOY SCOUTS AND GIRL SCOUTS. Local organizations organized through the Boy Scouts of America and Girl Scouts of America, respectively, whose local troops represent and are comprised of the youth of the Nehalem Bay area.

NON-PROFIT/SERVICE. Non-profit or governmental organizations/entities where fees or solicitations are made of participants and/or products are sold or offered for some type of consideration, whether or not the event is open to the public.

NON-RESIDENT. Any individual who does not reside within, or other entity or group whose offices are not located within the incorporated limits of the city; or who is not otherwise a customer of the city’s water system.

PRIVATE PARTIES. Other for-profit organizations or private individuals or groups who otherwise do not qualify as a civic group or non-profit/service group, as defined herein.

RESIDENT. Any individual who resides within, or other entity or group whose offices are located within the incorporated limits of the city, or who is otherwise a customer of the city’s water system.

VOLUNTEER FIREFIGHTER’S ASSOCIATION. A separate organization from the city that has 501(c)3 status, comprised of members who also serve as volunteer firefighters for the city.

(2) The amount of all rental fees and the required refundable deposits are shown in the following table. Use of the hall by the city is exempt from the fee and deposit requirements. All rates are per day:

Meeting Hall Rent and Refundable Deposits

Resident

Non-Resident

Fee

Deposit

Fee

Deposit

Civic Groups

$50

$50

Nehalem Bay Boy Scouts and Girl Scouts

-

Nehalem Volunteer Firefighters Association

-

Non-Profit/Service Groups

Dances and concerts

$200

$250

$250

$250

Event – less than 25 people

$50

$100

$100

$100

Event – less than 100 people

$100

$150

$150

$150

Event – more than 100 people

$150

$200

$200

$200

Private Parties

Dances and concerts

$300

$250

$350

$250

Event – less than 50 people

$100

$100

$150

$100

Event – less than 100 people

$150

$150

$200

$150

Event – more than 100 people

$200

$200

$250

$200

(C) Care of facilities.

(1) Setup. All groups are responsible for setting up the meeting hall for their own function and returning tables and chairs to their original storage locations.

(a) Setup may not begin until after 12:00 p.m. the day prior to the event.

(b) If decorations are to be used, only masking or painter’s tape is allowed to be used to secure such decorations. At no time shall nails, tacks, staples, scotch tape or any other type of tape or glue be allowed.

(1) Flammable materials (i.e., candles, straw bales, trees and the like) must be approved by the city no later than one week prior to the event. Other than candles, no other type of open flame or barbeque equipment will be allowed within the hall itself.

(2) If confetti, glitter or similar types of materials are used, they shall be completely removed from the hall and property in general.

(3) Banners/signs may not be attached to the outside of the building. The sole exception is a sign no bigger than a common poster sign may be placed on the doors leading to the meeting hall itself.

(4) A violation of this division (C)(1) may result in the forfeiture of the applicant’s refundable deposit and immediate termination of the facility permit.

(2) Clean up. Clean up shall include all of the following: sweep and lightly mop the floors and stairs; remove all garbage, debris and decorations (all such items must be completely removed from the property; at no time shall the city’s garbage be used for disposal of any item); close all windows and doors; clean and return all tables and chairs to their respective caddies; remove all personal items; clean kitchen and all utensils and appliances used, including cleaning out the stove and refrigerator (if used); inspect and clean all restrooms; inspect and clean all outside areas for garbage or debris created by or during the use of the hall; so that the end result is that the facilities used shall be returned to at least the same condition that they were in prior to the use of the facilities.

(D) Refunds. All refunds are made by the city. The refundable deposit will be processed following inspection of the hall and property in general for cleanliness, damage to equipment, facilities and grounds and/or missing property. All refunds will be mailed directly to the applicant; or if arrangements have been made, may be picked up at city hall, refunds will normally be made within seven days after cleanup has been verified and approved by the city.

(E) Rules and restrictions.

(1) The maximum occupancy of the hall is 250 persons, including kitchen staff. No exceptions will be granted or tolerated.

(2) No smoking is allowed within the meeting hall or stairway.

(3) Any neglect, failure or refusal to follow the laws and/or officers, agents or employee having standing of the United States, the state, the county or the city, or any provision of the facility use permit or this subchapter itself, may call for the immediate cessation or cancellation of the event and forfeit of any and all payments, fees and/or deposits, in addition to any civil or criminal fines or penalties which may also be assessed. Any employee of the city and law enforcement officials shall have the authority to enter the hall and related areas at any and all times to monitor/spot check any event to ensure compliance with the policies and laws of the city, county or state, as they may apply.

(4) Activities must be lawful in all respects and be conducted in good taste for the occasion. Disorderly conduct of any type within the hall or related city property is strictly prohibited and is grounds for cessation of the facility use permit and the event itself. Such activities may preclude the applicant from renting the hall or other property of the city again and/or lead to criminal and/or civil charges.

(5) Applicants will be held responsible for all occupants and/or attendees to their event. Users of the hall are to be considerate to neighboring residents and businesses in the vicinity regarding noise levels and parking, to name a few. The city may recover from the applicant any costs or expenses for damages which occur during the time of their use, at any time by any party whether or not the damage is caused by or related to the applicant’s use of the meeting hall or property.

(6) A responsible adult must be present at all times during all events. A RESPONSIBLE ADULT shall mean an applicant who is 18 years old or older at an event where alcohol will not be present, or an applicant who is 21 years old or older at an event where alcohol will be present.

(7) No person will be allowed to park in front of any Fire Department or Public Works truck bay. Parking in these areas could result in fines or the towing of offending vehicle. Any vehicle towed or otherwise impounded, and all associated costs, shall be at the sole expense of the owner(s) of that vehicle.

(8) At no time shall the hall be left unlocked while unattended.

(9) City inventory is provided for the user’s convenience only. The applicant is responsible for its reasonable use and safekeeping. Any city inventory item (tables, chairs and the like) must be cleaned and returned to their proper storage. If the facility itself and any city inventory items are not returned to their original condition, the applicant will forfeit his, her or their refundable deposit as well as be charged for any additional cleaning required of city personnel or for the repair or replacement of any inventory items damaged or stolen.

(10) 

(a) General. Any bands or amplified music or voice must be kept at levels which do not disturb the reasonable peace and quiet of any residence or place of business. If noise exceeds reasonable sound limits, the city or any law enforcement official reserves the right to immediately terminate the music or the facility use permit itself.

(b) Hours of limitation. No bands or amplified music or voice shall be permitted beyond the following:

(1) Sunday through Thursday: 10:00 a.m. to 10.00 p.m.;

(2) Friday and Saturday: 10:00 a.m. to 2:00 a.m.; and

(3) Holidays: 10:00 a.m. to 10:00 p.m.

(11) Exits shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the exit hazardous. The emergency exit doors shall remain closed at all times, except when needed for emergency egress. At no time shall anyone stand or loiter on the platform and/or emergency exit stairs.

(12) The applicant shall be responsible for providing whatever security or oversight is necessary to secure the meeting hall and related public facilities and outside areas from damage, to keep uninvited guests from gaining access and/or to prevent any other activity which would result in any violation of local, state and/or federal law. If alcoholic beverages will be present, every person assuming a security or oversight role shall be at least 21 years of age.

(F) Insurance required.

(1) The applicant shall provide evidence, acceptable to the city, of insurance from a carrier acceptable to the city for the term of the facility use permit; protecting and specifically indemnifying the city, its Council members, staff, agents and/or employees from all occurrences. The applicant must name the city as certificate holder and additionally insured and provide not less than $200,000 of bodily injury, not less than $50,000 of property damage and not less than $500,000 for any number of claims arising out of a single accident or occurrence.

(2) If loss occurs, payment must first be made to satisfy or protect the city’s interests, with any amount remaining thereafter available to satisfy the applicant’s interests.

(3) The insurance must cover the applicant’s responsibilities to the city under § 90.04 of this chapter.

(4) A copy of this insurance or evidence of insurance must be presented as part of the facility use permit application. The applicant may not set up or otherwise use the hall until evidence of insurance is delivered to the city.

(G) Alcohol use.

(1) General. Alcoholic beverages may be served and consumed within the meeting hall itself, and only when permitted by the city. Serving, possessing or consuming alcoholic beverages outside the meeting hall or on any other public property or premises is strictly prohibited. Use of alcoholic beverages shall also be subject to all local, state and/or federal requirements and/or laws.

(2) OLCC permit required. If an event is open to the general public, an OLCC permit will be required. OLCC’s rules must be strictly followed. The permit must be kept on-hand during the event. Additionally, a copy of the approved OLCC permit must be delivered to the city no later than seven days prior to the event. Failure to obtain or provide to the city a copy of such permit may result in the city terminating the event, with all fees and deposits paid forfeited.

(3) Additional insurance required.

(a) If alcohol will be sold or otherwise conveyed for consumption, the applicant shall be required to place on file a certificate of liquor liability insurance naming the city as certificate holder and additionally insured, with payment first made to satisfy the city’s interests, should loss occur. A minimum coverage of $1,000,000 per incident must be issued by an approved insurance carrier. The certificate must be presented as part of the facility use permit application.

(b) For private parties (with invited guests only) intending to serve and not sell alcoholic beverages, the insurance requirement of division (F) above shall be satisfactory.

(4) Alternate transportation. The applicant will be responsible for providing alternate transportation to individuals who are visibly intoxicated or impaired. (Ord. 2008-02, passed 06/9/2008)

Penalty, see § 10.99