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CC Resolution No. 1612 67 RESOLUTION NO. 1612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RESERVATION POLICIES AND PROCEDURES FOR THE BAYLAND ISLAND WATERFRONT PAVILION ALONG WITH AN ALCOHOL USER AGREEMENT AND PERMIT FOR THE POSSESSION, USE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE BAYLAND ISLAND WATERFRONT PAVILION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The City Council hereby adopts the Reservation Policies and Procedures for the Bayland Island Waterfront Pavilion, which are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: The City Council hereby adopts the Alcohol User Agreement and Permit for the possession, use and consumption of alcoholic beverages at the Bayland Island Waterfront Pavilion, which are attached hereto as Exhibit `B" and incorporated herein for all intents and purposes. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 23rd day of October, 2003. /mac C. �z PETE C. ALFARO, Mayor ATTEST: GA W. SMITH, City Clerk APPROVED AS TO FORM: NACIO RAMIREZ, S City Attorney F:\KarenTiles\City Council\Resolutions\Rese ationPolicies4WaterlrontPavilion.doc BAYTOWN PARKS AND RECREATION Bayland Island Waterfront Pavilion Reservation Form P.O. Box 424 Baytown, Texas 77722-0424 (281) 420-6597 DATE REQUESTED TIME REQUESTED EXACT NATURE OF THE USE TOTAL#ATTENDING Name of Applicant: Street Address: City: State: Zip: Home Phone: Work Phone: Email: Driver's License / ID #: I have received and read the City of Baytown Parks and Recreation Reservation Guidelines for the Bayland Island Waterfront Pavilion, as well as the attached Reservation Polices. I agree to abide by all terms and conditions set forth therein. Signature of Applicant Date ............................................................................................. For Office Use Only Amount Paid: Deposit Paid: Special Use Permit Required:[]yes 0 no (If required,please attach to the renter's documents) Receipt#: Method of Payment: [] Cash []Check []Money Order Authorized Signature Date EMS . 1 BAYLAND ISLAND'WATSRFRONT PAVILION' DEPOSIT&RENTAL FEES DEPOSIT: $350.00 (with alcohol) $200.00 (without alcohol) (Monday—Thursday) (Friday—Sunday) RENTAL RATES: $75.00 per hour $100.00 per hour *Must be reserved for a minimum of four(4)hours. SECURITY: $20.00 per hour/officer *The number of officers will be determined by the number of attendees and if alcohol is served. *1 Officer 1100 people with alcohol *1 Officer 1200 people without alcohol CLEAN-UP FEE: $50.00 (this is not optional) ES R�', l '°4Nl6,UIDELINES FOR r3A11 11 W'ATERFRONT PAVILION 1. You must have your signed Reservation Form & Receipt, in your possession, during your use of the prescribed facility. 2. It is required that a Special Use Permit must be obtained by the Renter if certain organized activities are held. Such activities include but are not limited to, the following: sport events & clinics, public exhibitions, performances (musical, drama, radio/television), circuses, carnivals, ceremonies, political gatherings, or any events requesting the use of amusement equipment or any amplified sound. 3. Renters are asked to please remove all their equipment & supplies, and pick-up all trash from the facility at the conclusion of their function. 4. Any additions or improvements added to the facility or to the surrounding area, by an organization, must be pre- approved by the Director of Parks and Recreation (i.e. decorations, stages, tents, concession stands). Permanent additions or improvements are not allowed. 5. Please be reminded that the person(s) or organization that reserved the facility are liable to the City for any damage to municipal property or equipment, during their use of the facility. 6. Renters shall not in any way impede or otherwise interfere with the operations of the marina or ship store located on or adjacent to Bayland Island. Please note that City has the authority to, and will revoke a reservation upon a finding of violations of any rule, ordinance, state or federal law, or upon the violation of any conditions or restrictions under which the reservation was permitted. 2 8. Please note that in the event that it becomes necessary for the City to use the facility for a city-sponsored function, the applicant will be given verbal and written notice at our earliest opportunity, and other accommodations will be made available if possible as determined by the City. Such an occurrence is highly unlikely, and would have to constitute an emergency situation as determined by the City Manager for the City to cancel any reservation previously authorized. 9. The City may cancel a reservation at any time should the facility be sold prior to the scheduled event. In this event, the Renter will be refunded the entire deposit. 10. Please note that the City may impose reasonable restrictions on approving a reservation. Restrictions could include the number of persons in attendance, the effect a particular activity may have on public use and enjoyment of the property, the effect a particular activity may have on the residents, tenants, or guests of island or nearby property and the potential for injury to persons or for property damage. 11. Please note that the City may required that the applicant pay a reasonable deposit of security for the following: ➢ The repair of any damage to the property or the cost of clean-up; ➢ The cost of furnishing adequate security at the activity; ➢ The cost of Furnishing additional sanitary facilities that would be reasonably necessary. Such deposits will be based on the use or activity for which the rental is being sought. 12. Please be reminded that the consumption of alcoholic beverages is only allowed inside the Gayland Island Waterfront Pavilion, and the Renter will take sole responsibility for the actions and safety of their guests during the rental. 13. The island is mowed and maintained on a regular schedule. Please note that special maintenance is not performed for rentals. 14. The kitchen is available for warming up food. Please note that if the equipment in the kitchen area is "as is" (i.e. condition of equipment, available equipment/supplies, etc). There is no refund or discount on rental fees in the event the equipment is not operating properly. 15. Please note that in the event of rain, the floors in the facility may become slippery. Please take precautions to ensure the safety of you and your guests. 16. PLEASE NOTE THAT IN THE EVENT OF A FORCAST PREDICTING 50 MPH WINDS OR HIGHER, THE EVENT SHALL BE CANCELLED. ADDITIONALLY, IN THE EVENT THAT THERE ARE 50 MPH WINDS, THE EVENT WILL BE CANCELLED AND THE FACILITY MUST BE EVACUATED IMMEDIATELY. * A full or pro-rated refund may be given based upon the time the Renter actually uses the facility. 17. THE CITY DISCLAIMS ALL WARRANTIES OF ANY NATURE, KIND OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE FACILITY AND SURROUNDING PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THE RENTER ACCEPTS SUCH PREMISES IN AN "AS IS" CONDITION, WITH ALL FAULTS. 3 9 LANDt16LANk""'TERF, ON, 'IIFA ILION RENTAL POLICES''& PROCEDURES RESERVATIONS; 1. All reservations must be made through the Parks and Recreation Department Office between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays. 2. The Bayland Island Waterfront Pavilion shall be available for rental Monday through Thursday from 7:00 a.m. to 10:00 p.m., Friday through Saturday from 7:00 a.m. to Midnight and on Sunday from 12:00 p.m. to 8:00 p.m. 3. The Bayland Island Waterfront Pavilion shall not be rented on the following holidays: New Year's Day, Martin Luther King Day, Good Friday, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day. 4. Renter must be 18 years of age to reserve the Bayland Island Waterfront Pavilion and must be present at all times during the function or activity. 5. Reservations are on a first come, first serve basis and may be made in person or by phone. All reservations shall require a Reservation and Damage Deposit which must be paid within two working days of the booking unless a shorter time frame is required. Failure to tender the required Reservation and Damage Deposit within the two-day period shall result in the cancellation of the reservation. A renter may reserve the Bayland Island Waterfront Pavilion up to one year in advance. However, all reservations are subject to cancellation based upon the terms described in the Reservation Guidelines.. 6. Reservations should include decorating and clean up within the time frame rented. 7. All rental fees are due two (2) weeks prior to rental date. If rental fees are not paid two weeks prior to rental date, then the deposit will be forfeited and the Parks and Recreation Department may rebook the Bayland Island Waterfront Pavilion without any further notice or obligation to the person or organization that reserved the Pavilion. If the reservation is made less than two weeks prior to the rental date, the Reservation and Damage Deposit and all rental fees are due in cash within 24 hours of the reservation or prior to the schedule event, whichever occurs first. 8. No single activity of special interest shall be permitted to monopolize any Bayland Island Waterfront Pavilion. The frequency and usage of a Bayland Island Waterfront Pavilion will be at the approval of the Director of Parks and Recreation or his designee (hereinafter collectively referred to as the "Director") in order to best serve the interests of the community. 9. From time to time, and possibly without advance notice, it may be necessary to cancel or postpone and reschedule reservations. Also, it may be necessary to move, sometimes without advance notice, reservations to a different facility, if available. However should, for any reason, the City be unable to relocate an event, the City and the Renter understand and agree that the event shall be cancelled or rescheduled without any liability to the City. If the event is cancelled by the City, the City shall give a full refund to the Renter. The City will, nevertheless, endeavor to honor reservations made in compliance with this policy. 4 IN THE EVENT OF ANY SUCH CHANGE OR CANCELLATION, THE RENTER, BY THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS POLICY AGREES TO RELEASE, HOLD HARMLESS AND DISCHARGE THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS PARAGRAPH AS THE "CITY") FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS OF EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREFOF FOR ANY DAMAGES OR LOSS THAT IS CAUSED OR ALLEGED TO BE CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH SUCH CHANGE OR CANCELLATION, REGARDLESS OF THE NEGLIGENCE OF THE CITY. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE RENTER AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY RENTER TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, RENTER FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVISION CONTAINED IN THIS ARTICLE 9 SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THE RENTER'S RESERVATION AGREEMENT. 10. Renter by the acceptance of the Bayland Island Waterfront Pavilion reservation assumes all liability and responsibility for injuries, claims, or suits for damages to person or property, of whatever kind or character, whether real or asserted, occurring throughout the term of the reservation, commencing from the reservation of the Bayland Island Waterfront Pavilion, arising out of or by reason of the reservation and/or use of the Pavilion. 11. The Director, in his sole discretion, shall determine the total security officers required for each event. All security officers must be either City of Baytown Police Officers or other peace officers contacted by the City to provide security services on behalf of Renter. Some examples of events, which require security, include, but are not limited to, evening events, wedding receptions, anniversary parties, quinseaneras, dances, banquets, parties, and large events over 200 guests. Generally, one security officer shall be required for each 200 guests without alcohol, or 100 guests with alcohol, for a minimum of four(4) hours per event. Reservations will require a Security Services Deposit of$60.00. In the event that security services are cancelled less than 3 working days in advance with the Parks and Recreation Office, the security deposit will be forfeited by the Renter and given to the scheduled security officer. If the reservation required more than one security officer, the reservation and damage deposit may also be forfeited to cover the cost of the scheduled officers. The Renter agrees to pay$20.00 per hour per security officer. Security officers are to be PAID IN CASH on the actual date of the event prior to commencing the event. If the payment for security services is not paid in cash at the event before the same starts, the permit for the event shall be considered null and void, and the event shall be automatically cancelled and all advanced payments for the event will be forfeited. If the event runs over the allotted time, the Renter shall be obligated to pay the security officers for additional time at a rate of$20.00 per hour. The above paragraph shall not prohibit the Renter from hiring security officers or additional security officers when the same is not required by the Director. Renter understands and agrees that the Renter shall be solely responsible for the event and the safety of Renter and all Renter's guests. 12. All reservations must be confirmed with a signed permit by the Parks and Recreation Department representative and the Renter. 5 13. The use of the kitchen shall be included with the reservation of the Bayland Island Waterfront Pavilion, and is available for warming up food. The Renter will be responsible for the clean-up of this area following the rental. Any damage to the equipment will be sole responsibility of the Renter. Please note that if the equipment in the kitchen area is "as is" (i.e. condition of equipment, available equipment/supplies, etc). There is no refund or discount on rental fees in the event the equipment is not operating properly. 14. Reservations will be accepted from groups on a first come, first serve basis. The Director of Parks and Recreation will have the sole discretion to grant or deny any such request submitted. CANCELLATIONSIREFUNpS 1. Cancellations must be made in writing and received by the Director at least two (2) weeks prior to reservation date in order to receive a full refund of rental fees and deposit. If a cancellation is not received two weeks in advance, the amount equal to the rental fees will be forfeited from the fees paid. The Parks and Recreation Department will refund any remaining balance. 2. The Parks and Recreation Department will promptly deposit all monies received from Renters. The Parks and Recreation Department will not hold money, delay in depositing checks, or accept any postdated checks. 3. Refunds of a Renter's deposit will be issued after the event if the facility is cleaned and left in the same or better condition as it was in prior to the event, as determined in the sole discretion of the Director. Refunds take approximately 10 working days to process and mail. All refunds will be made payable to and mailed to the Renter at the address noted on the reservation permit. 4. At no time shall a Renter sub-lease or assign its reservation to another person, group or organization. No Renter shall change or rotate the Renter's designated hours with another renting party without doing so through the Parks and Recreation Department. GENERAL INFORMATION; 1. Smoking is not permitted in any City Facility. 2. Alcohol Beverages are only permitted in this facility according to City Ordinance, Parks and Recreation Sec. 70-8. Beverages must be served in either a plastic or aluminum container. Glass containers will not be allowed in the facility or the surrounding areas, which shall include the parking lot area. 3. Animals of any kind are not permitted in the Bayland Island Waterfront Pavilion with the exception of assist dogs trained and in service to a physically impaired or challenged person and police dogs that are part of the City of Baytown's K-9 unit. 4. Additional services which are not normally provided by the Bayland Island Waterfront Pavilion, such as special sound and lighting equipment, and extra electrical cords or services must be furnished solely by the Renter who agrees to assume all necessary expenses associated with the additional services. J. The City of Baytown shall assume no responsibility for any property placed on or in its facilities and/or grounds and is released from any and all liability for loss, injury or damage to persons or property that may be sustained by the use or occupancy of the Pavilions. 6 6. The Renter assumes all responsibility for all damages to the Bayland Island Waterfront Pavilion, property, furniture and/or equipment provided by the City to the Renter, as determined in the sole discretion of the Director. Damage incurred during an event will result in the loss of all or part of the Renter's Reservation and Damage Deposit and could result in additional charges depending on amount of damage. The amount deducted or charged will be equal to the cost to the City to repair the damage. Damage may jeopardize the Renter's ability to reserve any of the City's facilities in the future. If the Bayland Island Waterfront Pavilion has any damages, the Renter must notify the Building Attendant on duty immediately upon the Renter's entry into the facility. Failure to do so shall result in the presumption that any damage found after the end of the rental period resulted from the Renter's use of the Bayland Island Waterfront Pavilion. 7. All groups and individuals using the Bayland Island Waterfront Pavilion shall comply with all laws including federal, state and local laws. These laws shall include all city ordinances and all regulations of the City and its departments, which may in any way, affect the rental or use of the Bayland Island Waterfront Pavilion. 8. Discrimination against any person(s) with regard to race, color, religion, sex, national origin, age, or disability by any group or individual renting the facilities is prohibited. 9. Groups or individuals shall only be permitted to use the area(s)designated on their permit. 10. No groups or individuals shall schedule an event having larger attendance than established occupancy limit of the area rented. 11. All City equipment shall remain in the Bayland Island Waterfront Pavilion at all times. 12. Displays, posters and advertisements for events held in the Bayland Island Waterfront Pavilion must be approved in writing by the Director. All brochures, fliers, or other printed material must be distributed in the confines of the facility the Renter's has rented. 13. Employees of the City of Baytown shall set-up and breakdown all tables and chairs. No set-up of any Parks and Recreation Department equipment may be done by the Renter. City equipment shall not be removed from any facility at any time without prior written approval from the Director. No changes in the set-up may be done less than one week prior to the event date. 14. Any person entering the facility improperly attired shall be asked to leave by City staff. 15. Unless expressly stated to the contrary in this policy, a violation of this policy shall result in the forfeiture of any deposit or fee paid for a facility reservation and jeopardize the Renter's ability to reserve any of the City's facilities in the future. Furthermore, nothing contained in this policy shall be construed to limit the City's remedies to recover damages for violations of the policy. FACILITY CL'EAN•UP: 1. The facility clean-up is the sole responsibility of the renting party. L. Please pick-up all trash/garbage from inside the building and the adjacent area around the building. Trash/garbage is to be placed in plastic bags tied and put in the dumpster. 7 3. Please sweep entire area inside the building, brooms are provided. The renter will be responsible for sweeping the building in the event that brooms are not available. 4. Please mop up any spills or other items that cannot be swept up. A mop and bucket are provided, but if not available, this is still the responsibility of the Renter. Sanitary cleaning supplies are not provided. 5. Please wipe off tables and chairs with a damp cloth after use. 6. Please remove all decorations and tape from walls. 7. Please leave both men's and women's restrooms in a clean manner. Renter's failure to properly clean Bayland Island Waterfront Pavilion at the end of rental may result in loss of all or part of Renter's reservation and damage deposit. BAYTOWN PARKS AND RECREATION P.O. Box 424 Baytown, Texas 77722.0424 (281) 420-6597 8 BAYTOWN PARKS AND RECREATION Bayland Island Waterfront Pavilion CITY ORDINANCE SPrtlon MR- Alcnholic 8everaaec_ It shall be unlawful for any person to possess or consume alcoholic beverages in city parks except at Bayland Park, and there only at times and under conditions and requirements designated by the director of parks and recreation in consultation with the city manager and other city staff. ALCOHOL LISER AGREEMENT The City prohibits possession, use or consumption of any alcoholic beverages in City parks and park facilities (including adjacent parking lots) unless a person or group has been issued a permit. Reservations for activities where alcoholic beverages are proposed to be possessed, consumed, sold or otherwise permitted must meet the following requirements: Full payment of rental or special events permit fee must be made at least ten (10) business days prior to the scheduled rental date to secure the pavilion. The Reservation Form and Special Event Indemnity Form have been completed and by the renter and approved by the City Attorney. The consumption of alcohol is limited to within the confines of the rented area, no one, except as expressly provided herein, may leave or enter the area with any kind of alcohol. No participant may leave the premise, for any reason, with a cup, can or other container or be allowed to bring in any container, such as coolers, cans, bottles, glasses, etc. Police Officers, provided by the Baytown Police Department, will be required at the expense of the reserving organization. The number of officers will be determined by the Director of Parks and Recreation, in consultation with the Baytown Chief of Police. Generally, one(1) officer will be required per 100 people when alcohol is being dispensed. Fees for the security officers must be paid in cash for the entire hours reserved for the function, prior to the event start time. If the payment for security services is not paid in cash at the event before the same starts, the permit for the event shall be considered null and void, and the event shall be automatically cancelled and all advanced payments for the event will be forfeited. The police officers will be informed in advance about whether events have been issued alcohol permits. The above paragraph shall not prohibit the Renter from hiring security officers or additional security officers when the same is not required by the Director. The Renter understands and agrees that they shall be solely responsible for the event and the safety of themselves and all guests. MIT E Event, which include the serving of alcoholic beverages at the pavilion shall be conducted under the laws of the State of Texas and rules and regulations of the Texas Alcoholic beverage commission. Renters are required to contact the TABC for information regarding such rule and regulations. Any event where a TABC license is required, a copy of the license shall be filed with the Parks and Recreation Department at least 72 hours prior to the event. Private Functions (i.e., Wedding reception, Private party, Quinceanera,etc.) No TABC permit is required when serving alcoholic beverages free to guest at the pavilion functions and no charge is collected at the door for entry. ➢ Only authorized individuals are permitted to deliver alcoholic beverages onto the premises or remove them from the premises at the conclusion of the event. ➢ Alcoholic beverages shall only be consumed in the pavilion area, and not in restrooms, foyers, cars, parking lots, plaza or surrounding areas of the island. ➢ All persons must dispose of their drinks before leaving the pavilion. At no time shall anyone leave the pavilion carrying an alcoholic beverage. Cash Bar Beer, wine or liquor can only be served to pavilion guest by a private club that maintains a TABC license and obtains a temporary TABC permit to serve alcohol at the pavilion (This temporary permit can only be issued directly to that private club and not to the sponsor of that event). Charity Functions A temporary three-day TABC license is required for all civic, charitable or religious organizations hosing events where beer products are sold to pavilion guests (This temporary permit is issued to the organization hosting the event). Alcohol will be permitted only with liquor liability insurance in the amount of$1,000,000. The policy must name the City, it officers, agents and employees as an "Additional Insured" and be on file with the City prior to the reservation date. Confirmation of approved liquor caterer (carries $1,000,000 liquor liability insurance) must be completed at least 10 business days prior to the scheduled event. If the event has a cash bar or is part of a chanty function, alcoholic beverages must be dispensed by trained personnel with a caterer or food establishment that hold a current alcohol permit and liquor liability insurance. Your chosen caterer must contact the Baytown Parks & Recreation Department at (281) 420-6598 in order to confirm the use of alcohol at your event. Sales of alcoholic beverages shall be managed through a ticket sales location remote from the alcohol dispensing area. Dispensing of alcoholic beverages shall be suspended at least one (1) hour prior to the scheduled end time of the event. Alternative non-alcoholic beverages must be available on-site, in close proximity to the alcohol dispensing area, and a food function or food concessions must be included during the entire event time. PLEASE NOTE- Failure of renter to meet the above requirements will result in the cancellation of the event, and all deposits and fees paid will not be refunded. BAYTOWN PARKS AND RECREATION P.O. Box 424 Baytown, Texas 77722-0424 (281)420.6597 Bayland Island Waterfront Pavilion Alcohol Permit DATE REQUESTED: TIME REQUESTED: TO FACILITY REQUESTED: EXACT NATURE OF USE: TOTAL#ATTENDING: Name of Applicant: Street Address: City: State: Zip: Home Phone: Work Phone: Email: Driver's License / ID #: Name of Caterer Phone Number: My signature below indicates that I have read and understand these laws and policies and hereby accept the conditions of this agreement and assume responsibility for informing my guests concerning this serious matter. Signature of Applicant Date ............................................................................... For Offir_ a use Only Amount Paid: Deposit Paid: Alcohol Permit and Special Event Indemnity Required:n ves n no (If required,please attach to the customers documents.) Receipt#: Method of Payment: [] Cash []Check []Money Order Authorized Signature Date