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Home My WebLink About021605 ORD - 03/16/1993AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES BY AMENDING ARTICLE II, CONVENTION CENTER AND COLISEUM, BY UPDATING EXISTING TITLES, FACILITY NAMES, DELETING SECTIONS WHICH ARE NO LONGER APPLICABLE AND OTHER HOUSEKEEPING ITEMS; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY CHRISTI, TEXAS: SECTION 1. That Parks, Recreation, Cultural amended by amending Article read as follows: THE CITY COUNCIL OF THE CITY OF CORPUS the Code of Ordinance, Chapter 36, and Leisure Time Activities is hereby II, Convention Center and Coliseum to ARTICLE II. CONVENTION CENTER AND COLISEUM Sec. 36-20. Designation of Bayfront Plaza Convention Center. The structure located at 1901 North Shoreline Boulevard is hereby designated as the Bayfront Plaza Convention Center. Sec. 36-21. Designation of Memorial Coliseum. The structure located on Shoreline Boulevard at the intersection of Park Avenue, including the premises thereof, is hereby designated as the Memorial Coliseum, and all ordinances, rules, regulations and contracts referring to such structure as the Memorial Auditorium are hereby amended to the effect that such building be and is hereby designated as Memorial Coliseum for all purposes. Sec. 36-22. Administrator. The administrator in charge of the Bayfront Plaza Convention Center and Memorial Coliseum shall be the convention ccntcr managcr director of convention facilities under the direction of the city manager, or such other person as may be assigned to the duties of administrator by the city manager. The facility manager shall be the convention center manager if the facility is the Bayfront Plaza Convention Center or the coliseum manager if the facility is the Memorial Coliseum. 021605 AG5000.318.skp MKC POLMED 2 Sec. 36-23. Lease Agreements (a) Either the director of convention facilities or the convention center manager is empowered to prepare and sign lease agreements for the rental of the facilities of the Bayfront Plaza Convention Center. Either the ccntcr manager director of convention facilities or the coliseum manager may sign lease agreements for the rental of the Memorial Coliseum. Verbal agreements to rent are not recognized under any circumstances, and this article and the rental contract, upon acceptance, constitute the entire rental agreement and may not be altered unless done so in writing, signed by authorized representatives of both parties. (b) Commercial lessees of the theatre, banquet hall or exhibit hall and coliseum shall provide a public liability insurance policy in which both the city and the lessee are named as insured, in the form of an acceptable certificate of insurance. This requirement shall not apply to events sponsored by governmental agencies. (c) All tenants shall hold the city harmless from any and all liability for any claim or claims as a result of rental use of the premises, and shall indemnify the city in case of any claims resulting from their operations or occurring during their occupancy of the premises, and all rental contracts shall specifically include such provisions. (d) The convention ccntcr manager director of convention facilities shall apply any deposit against any amounts owed to the City of Corpus Christi for use of the facilities of either the Bayfront Plaza Convention Center or the Memorial Coliseum, and the convention ccntcr manager director of convention facilities may refuse to enter into any rental contract until any and all amounts due the city by any applicant or organization, or by any organization which the applicant has represented, have been paid in full. (e) All lessees are required to pay all sums which are due under the rental contract upon the demand of the convention ccntcr manager director of convention facilities. The convention ccntcr manager director of convention facilities is authorized to charge interest on delinquent accounts. AG5000.318.skp 3 Sec. 36-24. Scheduling The convention ccntcr manager director of convention facilities is responsible for booking events that will be held in the Bayfront Plaza Convention Center and the Memorial Coliseum. Only conventions may be scheduled further than eighteen (18) months in advance. A convention, in order to qualify, is defined as a meeting including a large number of out-of-town people who will use a significant number of hotel rooms, as determined by the convention ccntcr manager director of convention facilities. Sec. 36-25. Rental rates. The convention ccntcr manager director of convention facilities shall prepare a schedule of rental rates for the use of the Bayfront Plaza Convention Center and Memorial Coliseum. This schedule shall be submitted to the city manager for approval, and be reviewed on an annual basis. Such rental rates shall bear a reasonable relation to current rental rates charged for use of similar commercial facilities so as neither to be excessive nor grossly deficient by comparison. The approved schedule shall be filed with the city secretary and copies shall be provided to the city council. Specific rates, however, may be adjusted at any time, and the convention center manager director of convention facilities shall have the authority to negotiate special rates for special situations. Sec. 36-26. City -owned equipment. Unless specifically stated in the schedule of rental rates or rental contract, the use of city -owned equipment is not included in the rental of the facility. The convention ccntcr manager director of convention facilities shall prepare a list of city -owned equipment that is available for rent and recommend fees for its use. This fee schedule shall be submitted to the city manager for approval. Such fees shall bear a reasonable relation to cost and depreciation of such equipment to allow the city to recover its costs plus being able to replace such equipment as necessary. The approved schedule shall be filed with the city secretary and copies shall be provided to the city council. AG5000.318.skp 4 Sec. 36-27. Special services. The convention center manager director of convention facilities shall prepare a list of special services that are available at the Bayfront Plaza Convention Center and the Memorial Coliseum. This list, including the recommended fees to be charged, shall be submitted to the city manager for approval. The approved schedule shall be filed with the city secretary and copies shall be provided to the city council. Sec. 36-28. Regulations for firearms displayed at gun shows, etc. Any gun show or other event involving any display or other use of firearms in Bayfront Plaza Convention Center or Memorial Coliseum or Exposition Hall shall comply with the following regulations: (a) No ammunition, cartridges, collector's cartridges, cases, caps, bullets, primers or any other explosive device shall be allowed in the building. (b) Every cartridge firearm shall have a visible, approved device attached rendering the firearm inoperable. The facility manager may grant an exception for firearms displayed for an awards competition in a controlled access area. (c) No clip shall be placed in any firearm, whether or not the firearm is inoperative. (d) The lessee shall cause every firearm to be inspected upon entry to the building, and further shall cause every display to be inspected hourly during the event, to ensure compliance with these regulations. Additional safety rules and regulations may be included by addendum in the lease contracts for such events. Sec. 36-29. Stagehands. An adequate number of qualified stagehands will be required to handle stage equipment at the Bayfront Plaza Convention Center and Memorial Coliseum. The number and qualifications of such stagehands shall be determined by the facility manager. Qualified personnel will also be required to handle and operate lighting control boards, AG5000.318.skp 5 spotlights and public address equipment. Arrangements for stagehands and operators may be made through the facility manager on behalf of the lessee, but such personnel shall be employees of and paid by the lessee at the prevailing wage. Sec. 36-30. Security personnel. Sufficient security personnel to properly protect both citizens and property at the Bayfront Plaza Convention Center and Memorial Coliseum shall be required, and this number shall be determined by the facility manager. Arrangements for security personnel may be made through the facility manager on behalf of the lessee, but such personnel shall be employees of and paid by the lessee at the prevailing wage. Sec. 36-31. Sale of food, beverages, etc. The city, through its concessionaire(s) and caterers reserves the sole right to sell all kinds of refreshments, including food, beverages and confectionery items in the Bayfront Plaza and Memorial Coliseum. In addition, the city reserves the sole right to sell cigars and cigarettes, charge for parking, conduct check stands and sell programs, souvenirs, novelties, records and tapes. The facility manager will make the determination as to when, where and what kind of items will be sold. Sec. 36-32. Areas for dispensing of food and beverages Food and beverages served in the facilities shall be dispensed from designated areas equipped as service locations. Sec. 36-33. Sale of alcoholic beverages. In the Bayfront Plaza Convention Center and Memorial Coliseum alcoholic beverages shall only be served in accordance with state and local laws. The director of convention facilities shall make the determination as to when and where they may be served and what conditions must be met for alcoholic beverages to be served. Sec. 36-34. List of tickets placed on sale and sold to be submitted to coliseum facility manager; access to records of lessee. For the purpose of calculating the percentage of gross receipts after admission taxes, the lessee shall provide to the coliseum facility manager, prior to any tickets whatsoever being placed on sale, a certified list of all tickets printed for the event. When ticket sales have been completed, the number of unsold tickets will be AG5000.318.skp 6 deducted from the number of tickets printed. The amount of state and federal admission taxes will be deducted and the lessee will be charged the proper percentage rate of the difference, according to the basic rate table. The lessee shall certify any information requested by the coliseum facility manager concerning ticket sales on forms to be provided by the city. In order to determine the gross receipts, the coliseum facility manager shall be allowed access to the records of the lessee, concerning gross receipts and ticket sales. Sec. 36-35. Right to refuse rental. Acting through its agents (the city manager, director of convention facilities and the facility manager), the city reserves the right to refuse to rent the facilities to any group or individual not acting in the best interest of the public or the city. Sec. 36-36. Payment of sums due. All lessees are required to pay all sums which are due under the rental contract upon the demand of the coliseum facility manager. The failure of the lessee to make such payment promptly shall be unlawful and shall be punishable as a misdemeanor. Sec. 36-37. Smoking No person shall smoke or carry a lighted cigar, cigarette, pipe, or any form of smoking object or device in the Bayfont Plaza Convention Center or the Memorial Coliseum during a concert, athletic, or theatrical event, provided, however, the coliccum facility manager, at the request of lessee of such event, may designate smoking areas which shall be conspicuously posted as smoking areas, provided that no more than fifty (50) percent of the actual seating area may be designated as smoking areas. Sec. 36-38. Use of pyrotechnic devices. No person shall use any pyrotechnic device, including but not limited to explosive devices or chemical illumination devices, in the Bayfront Plaza Convention Center or the Memorial Coliseum without registering such device with the city fire marshal prior to the proposed date of such device use. Such registration shall not in any way be deemed to constitute the city's authorization to use such device. The registrant shall notify the fire marshal of any substantial dangers which the use of such device may pose to the Bayfront Plaza Convention Center or the Memorial Coliseum, event attendees or participants. AG5000.318.skp Sec. 36-39. Noise levels Performers, lessees, or their employees or agents at events shall not emit, or cause to be emitted, noise in excess of the following levels: Duration Per Day (Hours) Sound Level dBA Slow Response 8 90 6 92 4 95 3 97 2 100 1.5 102 1 105 0.5 110 0.25 or less 115 When the daily noise exposure is composed of two (2) or more periods of noise exposure of different levels, their combined effect should be considered, rather than the individual effect of each. If the sum of the following fractions: C1 + CZ_ + . . .+ C� T1 T2 T, exceeds unity, then, the mixed exposure should be considered to exceed the limit value. Cr, indicates the total time of exposure at a specified noise level, Tn indicates the total time of exposure permitted at that level. Exposure to impulsive or impact noise should not exceed one hundred forty (140) dB peak sound pressure level. Sec. 36-40. Lighting Lessees shall ensure that house lights are brought up (turned on so the area is well lit) at all times prior to and after an actual performance and during intermissions. Sec. 36-41. Capacity and Temporary seating (a) The maximum number of fixcd seats, and the maximum number of tickets to be sold or distributed for events using fixcd ocata Memorial Coliseum, shall be five thousand five hundred (5,500). AG5000.318.skp 7 8 (b) For the Bayfront Plaza Convention Center, the maximum number of seats, and the maximum number of tickets to be sold or distributed for events shall be six thousand (6,000) in the exhibit hall and two thousand six hundred (2,600) in the auditorium theatre. (c) Additional portable seats may be added for a particular event at Memorial Coliseum or the Bayfront Plaza Convention Center upon the recommendation of the facility Manager and approval of the Fire Marshal and shall comply with the City's fire prevention code. (d) Use of all temporary chairs and portable equipment placed in the Bayfront Plaza Convention Center and Memorial Coliseum shall be subject to the approval of the manager of the facility. Sec. 36-42. Reserved seats. For concerts, athletic or theatrical events, seating in the Bayfront Plaza Convention Center or the Memorial Coliseum shall be by reserved seats, provided, however the coliseum facility manager may, upon lessee's request, authorize other than a reserved seating plan for such events, if the coliseum facility manager determines that there will likely be no significant crowd -control safety risks. In making such determination, the coliseum facility manager should consider the following factors: (1) Anticipated size of audience; (2) Relationship of anticipated location of audience to event location; (3) Anticipated activity of audience during the event, e.g., dancing or other audience participation activity; (4) Previous crowd -control experience for similar events; (5) Anticipated predominant age of audience; and (6) Other factors which in the best professional judgment of the coliseum facility manager is reasonably anticipated to significantly affect crowd -control safety. AG5000.318.skp 9 Sec. 36-43. Box office services. The convention ccntcr manager director of convention facilities is hereby empowered to establish and conduct box office services for those lessees of ticketed events who desire such service. This service shall be named the "City of Corpus Christi Box Office Service" and the service shall be made available to lessees of the Bayfront Plaza Convention Center and the Memorial Coliseum. The convention ccntcr manager director of convention facilities is further authorized to execute separate agreements between the city and remote location ticket outlets. Sec. 36-44. Catering. A catering fee will be levied on all caterers who may be employed to provide food or beverage service in the Bayfront Plaza Convention Center and Memorial Coliseum. This fee will be ten (10) percent of the gross receipts, less taxes and the cost of the rental of city -owned linens, china, glassware, and flatware. The convention ccntcr manager director of convention facilities will execute a contract with all such caterers. AG5000.318.skp 11 That the foregoing ordinance was read for the first time and passed to its sec.,nd reading on this the 2 day of Pv"HCl v c , 19• c 3,.by the following vote: Mary Rhodes Cezar Galindo Led-CpueFrero Betty Jean Longoria (Ly__ Edward A. Marvin Joe-McComtr— Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the second time and passed to its third reading on this the CI day of tL016 ( , 19 Cj 3 , by the following vote: Mary Rhodes Cezar Galindo Lee -Guerrero Betty Jean Longoria L 12 That the foregoing ordinance day of f ,k , 19 Mary Rhodes Cezar Galindo Betty Jean Longoria Edward A. Martin Jee-Md .Comb - Dr. David McNichols Clif Moss Mary Pat Slavik LL tiet)e read for the third time and passed finally on this the C by the following vote: Joe MoCerab Dr. David McNichols Clif Moss Mary Pat Slavik IU PASSED AND APPROVED, this the day of ATTEST: Edward A. Martin City Secretary at, MAYOR THE CIT OF CORPUS CHRISTI APPROVED: I 1 DAY OF jc. { , 19 9: JAMES R. BRAY, JR., CITY ATTORNEY 044 Assistant City Attorney 021605 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 68600 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistance of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021605 AMENDING THE CODE OF ORDINANCES, CHAPTER 36, PARKS RECREATION, CULTURAL AND LEISURE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 22nd day(s) of March, 1993. One Time(s) $ 41.60 l� Business Office Administrative Assistant Subscribed and sworn to before me this 5th of April, 1993. Notary Public, Nuece C unty, Texas EDNA KOSTER Notary Public State of Texas My Comm. Exp. 11-30-96 9S:6 WV ,)I adV£6 1N3W.L Vd30 3OHVNl3 day Maker United States Merihtl I Southern OS** Tees NOTICE or PASSAGE OF 1 ORDINANCE NO. 021605 1 AMENDING THE CODE OF I ORDINANCES CHAPTER 36, 1 PARKS RECREATION, CUL- 1 TURAL AND LEISURE TIME i ACTIVITIES BY AMENDING ARTICLE II, CONVENTION ' CENTER AND COLISEUM, By UPDATING EXISTING TITLES, FACILITY NAMES, DELETING SECTIONS WHICH ARE NOT LONGER APPLICABLE AND OTHER HOUSEKEEPING ITEMS; PROVIDING FOR PUBLICATION. A copy of the rase 1 on filo In the City Secretary', office. The ordinance Was passed end approved on third reading by the City Council of the City of Corpus Christi, Texas on the 10th day of March, 1998, 11 /s/ Armando Chaps' CitCOY Of;SIPEyCMEE