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HomeMy WebLinkAboutR-89-20RESOLUTION NO. R'89-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER AND SEBASTIAN YACHT CLUB; PROMULGATING RULES AND PROCEDURES FOR THE 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 WHEREAS, neither the Yacht Club nor the Community Center is intended to be utilized for commercial, profit generating activities; 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 such 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. B. 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 ~f 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 beverages. 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 cease no later than 11:00 p.m. 2 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 of the 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 The Clerk shall then determine if an additional fee is application. necessary. M. The permittee is solely responsible and answerable to the City for damages and to any injured person for any and all accidents or in3uries 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. SECTION 2. MAINTENANCE DEPOSIT. A minimum deposit of Two Hundred Fifty Dollars ($250.00) must accompany each application. 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. 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 - $100.00. B. Each additional hour - $15.00; and C. Kitchen privileges - $25.00. 3 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 - $50.00; B. Each additional hour - $7.50; and C. Kitchen privileges - $25.00 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. CONFLICT. Resolutions No. R-87-68 and R-87- 68A and all other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 9. EFFECTIVE DATE. This resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Frank Oberbeck Councilman Lloyd Rondeau Councilman Robert L. McCollum 4 The Mayor thereupon declared this Resolution duly passed and adopted this ~-~day of ~ , 1989. CITY OF SEBASTIAN, FLORIDA By: Richard B. Votapka, Mayor ATTEST: Ka:~hr~-.M, O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 5