HomeMy WebLinkAboutR-00-21
RESOLUTION NO. R-QQ-21
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY
CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS;
PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES;
PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS,
AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR
COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian owns and maintains a Yacht Club and a Community Center for the
use and benefit of its citizens and a City Council Chambers for the operation of City government; and
WHEREAS, the promulgation of rules of conduct and procedure will promote the general health,
safety and welfare of those persons utilizing such facilities; and
WHEREAS, the City Council deems it necessary to impose certain fees for the use of certain facilities
in order to defray the cost of maintenance and repair.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. RULES AND REGULATIONS: The City Council hereby adopts the following rules and
regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club.
A. An application for a permit to use the Community Center or the Yacht Club must be completed
on forms provided for such purpose by the City Clerk. An application for a permit must be received by the City
Clerk at least two weeks prior to the date of the requested use, however an application for a permit requiring
City Council approval must be received by the City Clerk at least two weeks before the next Regular City
Council meeting date which is prior to the date of the requested use. It is the policy of the City of Sebastian that
no waivers ofthe rental or security deposit will be permitted, except as otherwise provided for in this Resolution.
8. The City Clerk shall issue a use permit upon a determination that the requested use is
permissible pursuant to this Resolution and all fees have been paid. In the event that the proposed use may
include activities involving gambling, alcoholic beverages, the use of a facility after 11 :00 p.m., or if an
admission charge is to be assessed, then the City Clerk shall not issue a use permit until directed to do so by
the City Council.
C. A use permit for a group composed of minors shall be issued only to an adult who accepts the
total responsibility for the supervision of each minor throughout the period covered by the permit.
D. No admission fee or other charge may be imposed by the permittee unless expressly
authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that
the proposed admission charge or other fee is not intended to further a commercial purpose.
E. The serving of food and/or use of kitchen facilities is prohibited unless specifically authorized
in the use permit.
F. The applicant shall disclose to the City Clerk the nature of the proposed activity and the
anticipated need for extra work by City personnel. In the event the City Clerk determines that the permittee will
cause extra work by City personnel as a result of the proposed use, an additional fee shall be charged in order
to fully recoup such cost.
G. No decoration of any type shall be permitted without the prior approval of the City. Any
decoration utilized must be removed by the permittee.
H. In the event that gambling activity is to be a part of the permitted use, the City Council shall
make a determination that such activity is not in conflict with the general law of the State of Florida.
I. No alcoholic beverages of any type may be brought on to the premises, dispensed, or
otherwise consumed without prior authorization of the City Council. The Council shall make specific provisions
in the permit with regard to consumption of alcoholic beverag~s.
J. The permittee shall not, under any circumstances, remove any chairs, tables, or any other
equipment from the facility.
K. Unless otherwise directed by the City Council, all permitted activities shall last no more than
eight hours and shall cease no later than 11 :00 p.m.
L. The permittee shall bear the responsibility for the control of the lights, thermostats, and other
equipment in the facility. Further, the permittee shall bear responsibility for the unlocking and subsequent
securing ofthe doors of the facility. In the event that an applicant anticipates any special needs with regard to
heating, air conditioning, or lighting, he shall disclose the details of such necessities to the City Clerk at the time
of application. The Clerk shall then determine if an additional fee is necessary.
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M. The permittee is solely responsible and answerable to the City for damages and to any injured
person for any and all accidents or injuries to persons or properties resulting from the use of the facility during
the permitted period.
N. The permittee shall ensure that the facility is left in the same condition as it was in prior to the
permitted use.
O. Use permits are not transferable.
P. Any facility equipment utilized must be replaced in the facility's storage room after use.
a. The permittee for any function at which 76 or more attendees are anticipated shall be required
to hire one or more Sebastian Police Officers to attend the function for security purposes at the rate established
by the City Manager for City officers hired for private duty, unless waived by City Council. The ratio of the
number of attendees to required officers is attached hereto as Exhibit "An. Verification of the agreement with
the Sebastian Police Department shall be obtained by the City Clerk's office prior to issuing a key to the
permittee. If the Police Department verifies that a sufficient number of School Resource Officers will be used
to handle security for a teen dance/function, hiring of police officers is not required. Private duty police officers
shall be available for groups of any size if requested by the permittee.
SECTION 2. MAINTENANCE DEPOSIT: A minimum deposit of Two Hundred Fifty Dollars
($250.00) must accompany each application for use of the Community Center and Yacht Club. This deposit
is refundable if a facility is left in a clean and undamaged condition by the permittee. In the event that the City,
in its sole discretion, determines that cleaning or repairs are necessary after the permitted use, the deposit shall
be forfeited. In the event that cleaning or repairs are not necessary, the City Clerk shall refund the deposit to
the permittee within two (2) weeks after the completion of the permitted use.
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SECTION 3. COMMUNITY CENTER RATES:
The rates for the use of the Sebastian
Community Center are hereby set as follows:
A. Four (4) hours flat rate
B. Each additional hour
C. Kitchen privileges
$100.00.
$ 15.00
$ 25.00
SECTION 4. SEBASTIAN YACHT CLUB RATES: The rates for the use of the Sebastian Yacht club
are hereby set as follows:
A. Four (4) hours flat rate
B. Each additional hour
C. Kitchen privileges
$ 50.00
$ 7.50
$ 25.00
The Sebastian Property Owners Association is exempt from payment of fees up to a limit of two meetings per
month. Use of the Yacht Club and/or Community Center by Indian River County Recreation for recreation
programs conducted for participation by the general public; and by 4th of July celebration organizing
committees is exempt from fees.
SECTION 5. NON-RESIDENT RATES: In the event that the permittee is not a resident of the City
of Sebastian, an additional fee of Twenty Five Dollars ($25.00) shall be assessed.
SECTION 6. NOT-FOR-PROFIT ORGANIZATIONS: In the event that the applicant is a school,
church, or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for use of the
Sebastian Community Center or the Sebastian Yacht Club shall be one-half (1/2) the regular rate.
SECTION 7. COMMERCIAL USE PROHIBITED: Neither the Sebastian Community Center nor the
Sebastian Yacht Club may be used for any commercial activity. Such facilities shall not be used for any profit
making activity except by a religious, political, charitable, not-for-profit, or tax exempt entity. Any admission fee,
entrance fee, cover charge, food or beverage charge, or any other fee, charge, or donation associated with the
use of the Yacht Club or Community Center must be approved by action of the City Council.
SECTION 8. CITY COUNCIL CHAMBERS: No organization or group may use the City Council
Chambers for the purpose of conducting a meeting or any other use unless such organization or group is an
agency, board, committee, organization or unit of local, state or federal government, or a public official who is
conducting official business. The City Council Chambers shall be used exclusively for the purpose of
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conducting governmental business by the City, its boards, committees and employees or other governmental
agencies, boards, committees, organizations or units of government or public officials. Any non-City
governmental agency, board, committee, organization or unit of local, state or federal government, or a public
official who desires to use City Council Chambers must receive the approval of the City Manager prior to such
use.
SECTION 9. CONFLICT: Resolution No. R-98-43 and all other Resolutions or parts of Resolutions
in conflict herewith are hereby repealed.
SECTION 10. EFFECTIVE DATE: This Resolution shall become effective immediately upon its
passage, provided, however, that any approvals granted by City Council prior to adoption of this resolution for
future use of the Community Center and Yacht Club shall remain as originally approved.
The foregoing Resolution was moved for adoption by Council member ~
The motion was seconded by CoundlmemOOr 6~ and, upon being put to a vote, the
vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward Majcher
of
,2000
he Mayor thereupon declared this Resolution duly passed and adopted this I~-:ti day
CITY OF SEBASTIAN, FLORIDA
h1CJd~
Kathryn . O'Halloran, MMC
City Clerk
By:W~g~
Walter Barnes, Mayor
(Seal)
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
~-{ <)\" ''''---
Rich Stringer, City Attorney
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EXHIBIT "A"
1. Adult functions with:
Up to 75 guests......................................... N 0 Officer Required
76 to 250 guests........................................1 Officer Required
251 to 300* guests...................................2 Officers Required
2. High School or Jr. High Dances/Functions with:
Up to 99 students..................................... No Officer Required
100 to 199 students.................................. 1 Officer Required
200 to 300* students............................... 2 Officers Required
*Maximum Occupancy Limits 8/16/99 - Captain Diggs, Fire Inspector of I. R. County