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HomeMy WebLinkAboutExhibit A - Facility Use & Rental Policy (1)City Council Policy and Procedure Number: 2018-01 Reviewed: As-Needed Effective Date: 1/16/2018 Revised Date(s): 7/1/24 (A-1) City Council Policy (2018-01) Revised Date: 7/1/24 Page 1 of 26 Facility Use & Rental Policy 1. Purpose 1.1 The purpose of this Facility Use & Rental Policy is to ensure that the use of City facilities is granted in a fair and equitable manner for meetings, activities, and events, which are recreational, social, and/or civic in nature, offering services of interest and need to the community. Fees charged for the use of City facilities are intended to partially recoup ongoing maintenance and operation costs of the facility. 2. Definitions (if applicable) 2.1 “Applicant” means an individual or group, which submits a completed City of Diamond Bar Facility Use Application and required deposit to use the Diamond Bar facility pursuant to the terms of this Use Policy. The date requested by the applicant will be held provided that all terms and conditions of this policy are met. 2.2 “City” means the City of Diamond Bar, acting through its officials, representatives, agents, and employees. 2.3 “City-recognized senior citizen membership groups” means an organization that has provided written submittal, along with a verified membership roster and the Articles of Incorporation indicating status as Diamond Bar based non-profit (for example: 501(C)(3) submitted as a condition of an organization receiving classification in Group B. Clubs must have an open registration policy to be recognized. New senior citizen membership groups must have a minimum of sixty (60) Diamond Bar residents and are subject to an administrative review period of up to six months. This review period will be used to determine the extent of the impact on existing allocations and facility operation. 2.4 “Confirmed Reservation” means a reservation issued by the City upon approval of a Facility Use Application for use of the facility or some portion thereof by an applicant, after all requirements of the Facility Use & Rental Policy are met. 2.5 “Diamond Bar Based Non-Profit” means an organization that has a minimum membership of 60% Diamond Bar residents or 60% Diamond Bar business addresses (e.g. Boy Scouts, Girl Scouts, Little League, Rotary Club, etc.). A verified membership roster and the Articles of Incorporation indicating status as a Diamond Bar based non-profit (for example: City Council Policy (2018-01) Revised Date: 7/1/24 Page 2 of 26 501(C)(3) organization shall be submitted as a condition of an organization receiving classification in this group.) 2.6 “Inquiry” means when an individual or representative of a group seeks information about available dates for possible use by that individual or group. An available date cannot be held for possible use by making an inquiry. 2.7 “Local School Districts” means Pomona Unified School District and Walnut Valley Unified School District. 2.8 Other Governmental agencies” means government agencies other than the City of Diamond Bar, which provide service to the Diamond Bar community (e.g. County of Los Angeles agencies, districts and authorities, and elected officials; State of California departments and elected officials, multi-city organizations and joint powers authorities to which the City belongs, Federal agencies, departments and elected officials; etc.) 2.9 “Parks & Recreation Director” means the administrative head of the Diamond Bar Parks & Recreation Department or designee. 2.10 “Soft Hold” means a temporary, non-binding ten (10) day hold on a facility/room for a potential rental date. 2.11 “User” means an individual or group that obtains a confirmed reservation to use a Diamond Bar facility pursuant to the terms of this policy. 3. Policy 3.1 Staff shall be responsible for enforcement of all policies, rules, and regulations established in this policy and shall have the authority to deny or terminate the use of the facility if a determination is made that the use does not conform to the requirements of this Facility Use & Rental Policy and/or may cause damage to the facility. 3.2 City staff shall oversee and supervise all events at City facilities for the safety and wellbeing of the public and facility. Staff shall be responsible for and have complete authority over the facility being used, all equipment, participants, activities, alcohol service and any security firm(s) on site per the terms of this policy. Staff shall have authority to request changes in activities or cessation of activities. Users must comply with staff requests and instructions. 3.3 The City Manager has the discretion to make operational policy changes while policy changes pertaining to the fees will be reviewed by the Parks & Recreation Commission and approved by the City Council. 3.4 This policy applies to the following City facilities and all associated rooms: City Council Policy (2018-01) Revised Date: 7/1/24 Page 3 of 26 3.4.1 Diamond Bar Center – Sun.-Thurs.: 7:30am-11:00pm (11:00pm - 12:00am as clean-up period only); Fri.-Sat.: 7:30am-12:00am (12:00am-1:00am as clean-up period only) 3.4.2 Heritage Park Community Center – Sun.-Thurs.: 7:30am-9:30pm (9:30pm-10:30pm as clean-up period only); Fri.-Sat.: 7:30am-12:00am (12:00am-1:00am as clean-up period only) 3.4.3 Pantera Park Activity Room – Mon -Sun.: 7:30am-9:00pm (9:00pm- 10:00pm as clean-up period only); 3.5 Use of City facilities is subject to the maximum room capacities established in Exhibit A – Maximum Facility Capacity. 4. Procedure 4.1 Group Priority Ranking 4.1.1 An individual or group seeking permission to utilize a Diamond Bar facility will be classified in one of the following priority groups. These classifications are used to establish priority of use and the applicability and amount of the fee and/or deposit. The groups are as follows, in descending order of priority: 4.1.1.1 Group A - Activities conducted and/or sponsored by the City of Diamond Bar. 4.1.1.2 Group B - Activities conducted by the City recognized Senior citizen membership groups. Priority within this group shall be determined by the overall number of Diamond Bar residents served per group after review of verified membership rosters by the Parks & Recreation Director. 4.1.1.3 Group C - Activities conducted by other Governmental agencies, local school districts, or Diamond Bar based non- profit organizations. 4.1.1.4 Group D - Private events conducted by Diamond Bar residents, resident groups/organizations, and Diamond Bar- based businesses. 4.1.1.5 Group E - Private events conducted by non-residents, non- resident groups/organizations, and businesses based outside Diamond Bar. 4.2 Application and Contract Procedures 4.2.1 Soft Holds City Council Policy (2018-01) Revised Date: 7/1/24 Page 4 of 26 4.2.1.1 An individual or representative of a group can secure a ten (10) day Soft Hold to hold a specific room, date and time by making an inquiry with staff a minimum of 60 days prior to the potential rental date, but no more than the time permitted by qualifying User Group per Section 4.2.2. 4.2.1.2 A Soft Hold may not be placed less than 59 days prior to the potential rental date. Availability is then on first-come, first- served basis. 4.2.1.3 Upon confirmation of Soft Hold, the requested date will be held for a maximum of ten (10) days. 4.2.1.4 Interested party must make an appointment within ten (10) days of the inquiry to submit a written application to finalize facility rental contract and pay applicable fees/deposits. 4.2.1.5 Interested party must attend the scheduled rental appointment, submit completed Facility Use Application, sign contract, and pay all applicable fees/deposits within the ten (10) day period or the date will be made available to the general public. 4.2.1.6 Soft Holds may not be extended past the ten (10) day period without the approval of the Parks & Recreation Director. 4.2.1.7 Soft Holds do not constitute nor guarantee approval of a rental contract. 4.2.2 Advance Procedures and Lottery 4.2.2.1 Reservations may be made no earlier than:  Group A - No limit.  Group B – Up to twenty-four (24) months in advance when not subsidized or discounted. Staff will schedule senior facility use 24 months in advance. Subsidized or discounted use will be scheduled annually per Section 4.6.1.8 of this policy  Groups C & D - Up to twenty-four (24) months in advance.  Group E - Up to twenty (20) months in advance. 4.2.2.2 Reservations may be accepted beginning on the first day of the month that the potential rental date becomes available per Section 4.2.2 for the entire month, beginning at 8am. If the first of the month falls on a holiday, reservations will be City Council Policy (2018-01) Revised Date: 7/1/24 Page 5 of 26 accepted on the next regular business day beginning at 8:00am. 4.2.2.3 In the event that two or more parties with the same priority ranking are interested in renting the same facility for the same date, a lottery for the dates will take place at the Diamond Bar Center beginning at 8:00am on the first day of the month. The lottery will run as follows: A staff member will allow one individual from each party to draw a number. The party with the lowest number after individuals from each party have drawn will have first choice of date (one date only) for the month in question. The next choice will go to next lowest number, and so on. Once all the available dates have been taken, the next lowest number, as well as the remaining numbers in order, will be placed on the wait list. 4.2.3 Application Procedures 4.2.3.1 All applicants must complete a City of Diamond Bar Facility Use Application (“Application”) and pay all applicable fees and deposits per the Council-adopted fee schedule at the time of completing a facility contract. The applicant shall be classified and assigned a Group Priority Ranking in accordance with the definitions and priority rankings set forth in Section 4 of this policy. 4.2.3.2 All potential users shall complete an Application a minimum of sixty (60) days prior to the event. 4.2.3.3 Reservations made less than sixty (60) days in advance of the event will be accepted only if the facility and required staffing elements are readily available. Additional fees may be required from service providers when limited advance notice is provided. All applicable fees must be paid at time of completing a facility contract. Fees paid are subject to cancellation policy and associated fees. 4.2.3.4 All reservations are subject to the City Council approved fees and deposit requirements. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and/or paid. 4.2.4 Facility Allocation 4.2.4.1 Facility allocation shall be the sole responsibility of City staff per the provisions of this policy. The City reserves the right to direct requests for rooms to other City facilities which are City Council Policy (2018-01) Revised Date: 7/1/24 Page 6 of 26 deemed more appropriate for the type of request or deny requests if they are deemed inappropriate for the facility (see Section 4.2.5). 4.2.5 Denial of Application 4.2.5.1 Use may be denied and the application rejected for the following reasons: 4.2.5.2 The facility is incapable of accommodating the proposed activity by reason of the nature of the activity or the number of people estimated to be in attendance. 4.2.5.3 The user has failed to demonstrate its ability to provide adequate security to assure that the event is conducted in a safe manner. 4.2.5.4 The applicant has failed to agree to comply with all of the conditions of this Use Policy or those set forth in the facility use contract. 4.2.5.5 The activity is likely to cause physical damage to the facility or its equipment. 4.2.5.6 Conditions for the issuance of a facility use contract have not been fulfilled. 4.2.5.7 If it comes to the attention of the City that the applicant has or will violate any law or regulation relating to the rental of the City’s facility or that the proposed use of the facility will violate any law or regulation. 4.2.5.8 Another event is already scheduled on the requested date. 4.2.5.9 The applicant previously used the facility and failed to comply with applicable rules or conditions, or due to damage or lack of cleaning, did not receive all of its cleaning deposit back. 4.2.5.10 The applicant has twice before cancelled a scheduled event in the facility without prior notice. 4.2.6 Contracts 4.2.6.1 Upon approval of an application, a facility rental contract will be issued authorizing the requested use of the facility. Requesting user must sign the contract and agree to all terms and conditions therein. City Council Policy (2018-01) Revised Date: 7/1/24 Page 7 of 26 4.2.6.2 The Parks & Recreation Director may attach such conditions to the contract deemed necessary for the protection of the public health, safety, welfare, and the maintenance or operation of the facility. 4.2.6.3 Contract holder shall not transfer, assign, or sublet use of the reserved facility or apply for use on behalf of another person or organization. Contract holder must be present for event and must sign in with facility staff. Failure to comply may result in forfeiture of fees and/or deposits. 4.2.6.4 If at any time prior to or during the scheduled event the contract holder is not in compliance with the policies and regulations stated in this policy or the conditions of the facility use permit, and after notice of noncompliance, has failed or refused to comply (or compliance is no longer possible), the City, acting by and through the Director of Parks & Recreation or his/her designee, may cancel the reservation or terminate the event. Under those circumstances, no deposits and/or fee(s) previously paid by the applicant shall be returned. 4.2.6.5 The City reserves the right to cancel a contract issued for any event or activity for its convenience. In the event of such a cancellation, notice shall be given as far in advance as possible and a full refund will be made. Every effort will be made to find a suitable alternative facility if cancellation by the City is necessary. 4.3 Payments and Fees 4.3.1 General 4.3.1.1 All contracts are subject to rental and cancellation fees and deposit requirements established in the City Council approved fee schedule. 4.3.1.2 Rental fees paid 60 days or more prior to rental date can be paid by personal or business check, cashier’s check, credit card, or cash. Rental fees paid 59 days or less prior to the event may be paid by credit card, cashier’s check, or cash. 4.3.1.3 Failure to comply with the payment procedure in this policy may result in cancellation of event. Cancellation fees will apply. 4.3.2 Deposits City Council Policy (2018-01) Revised Date: 7/1/24 Page 8 of 26 4.3.2.1 A deposit of 50% of room rental fees is due when the reservation contract is executed/signed and the application is approved. The remaining balance, including all other fees and deposits, is due a minimum of 60 days prior to the event. 4.3.2.2 Reservations made 59 days or less prior to the event must be paid in full upon signing a contract. 4.3.2.3 In the event of damage, destruction or defacement, the applicant shall be liable for all expenses required to repair, restore or replace the facility, its furnishings, or equipment to its original condition. If damage is incurred, the user shall be required to pay the full cost of the necessary repairs, including damage that exceeds deposit amounts. If the cost to repair damage is less than the deposit amount, the balance of the deposit will be refunded. 4.3.2.4 Cleaning and alcohol deposits shall be refunded if proper cleanup is completed and no damage is incurred as a result of the rental. This determination will be made by staff. Applicable deposit balances will be refunded within 4 to 6 weeks. 4.3.2.5 The City reserves the right to require additional cleaning deposits at its discretion based on the proposed use. 4.3.3 Weekend, Sunday, and Holiday Rental Rates 4.3.3.1 Weekend rates apply to Diamond Bar Center Grand View Ballroom rentals beginning at 3:00 pm on Friday and ending at 1:00 am on Sunday or on any holiday. 4.3.3.2 Sunday rates apply to Diamond Bar Center Grand View Ballroom rentals beginning at 7:30 am on Sunday and ending at 12:00 am on Monday or 1:00 am on a day preceding a holiday. 4.3.3.3 Weekend rates apply to Heritage Park Community Center, Pantera Park Activity Room, Pine Room, Maple Room, Oak Room and Sycamore Room rentals beginning at 3:00 pm on Friday and ending at 12:00 am on Monday or on any holiday. 4.3.3.4 No rentals will be booked on the following holidays; New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday following Thanksgiving, City Council Policy (2018-01) Revised Date: 7/1/24 Page 9 of 26 Christmas Eve, Christmas Day, and New Year’s Eve without written approval of the Parks & Recreation Director. Weekend rates associated with each room apply to all approved rentals that fall on holidays. 4.4 Cancellation by User 4.4.1 User may cancel within three (3) days of signing a facility rental contract without penalty, if cancellation is requested no less than sixty (60) days before the rental date. A full refund of fees paid at signing will be returned by City check or reimbursed to the credit card used for payment. 4.4.2 All reservations made less than sixty (60) days in advance are subject to the cancellation fees herein. 4.4.3 All Weekend and Sunday rentals of the Grand View Ballroom shall adhere to the following cancellation/refund policy: 4.4.3.1 If cancelled 180 days or more prior to the event, a fee of 50% of room rental fees due at signing shall be forfeited. 4.4.3.2 If cancelled 60 to 179 days prior to the event, a fee of 75 % of room rental fees due at signing shall be forfeited. 4.4.3.3 If cancelled 59 days or less prior to the event, all room rental fees paid shall be forfeited. 4.4.4 All other facility rentals shall adhere to the following cancellation/refund policy: 4.4.4.1 If cancelled 60 or more days prior to the event, a fee of room rental fees paid at signing minus 50% shall be assessed. 4.4.4.2 If cancelled 59 days or less prior to the event, all room rental fees paid shall be forfeited. 4.4.5 Cancellation fees apply only to room rental fees. Fees paid for any cleaning deposit, alcohol deposit, security, equipment package(s), and/or insurance requirements will be refunded in full. 4.4.6 Grand View Ballroom (2/3 room or entire room) reservations shall adhere to the following Change of Event Date requirements: 4.4.6.1 Any reservation date changed 180 days or more prior to the event is subject to a change of date fee. If a second change of date is requested, cancellation fees apply. City Council Policy (2018-01) Revised Date: 7/1/24 Page 10 of 26 4.4.6.2 Any reservation date change requested 179 days or less prior to the event is subject to cancellation fees per policy. 4.4.6.3 All change of date requests/approvals are subject to facility availability. 4.4.7 All other facility rentals shall adhere to the following Change of Event Date requirements. 4.4.7.1 One reservation date change requested 60 days or more prior to the event may be approved free of charge. If a second change of date is requested, cancellation fees apply. 4.4.7.2 Any reservation date change requested 59 days or less prior to the event is subject to cancellation fees per the policy. 4.4.7.3 All change of date requests/approvals are subject to event review and facility availability. 4.5 Available Rooms and Spaces 4.5.1 Grand View Ballroom 4.5.1.1 Weekend and Sunday use of Grand View Ballroom requires a minimum six (6) hour rental period and minimum 2/3 rental of the Banquet Room. Rental time must include set-up and clean-up time. 4.5.1.2 Weekday use of Grand View Ballroom requires a minimum two (2) hour rental period. 4.5.1.3 A minimum one (1) hour clean-up period is required at the end of each Grand View Ballroom rental and is subject to Council-approved fees. 4.5.1.4 Rental of 2/3 Grand View Ballroom or Entire Grand View Ballroom includes tables & chairs, catering kitchen, foyer and patio. 4.5.1.5 Rental of 1/3 or less of the Grand View Ballroom requires a minimum rental of 2 hours including a mandatory minimum thirty-minute clean-up period at the end of each event. Rental time must include set-up and clean-up time. 4.5.1.6 Additional permits and/or fees may be required depending on the type of use. City Council Policy (2018-01) Revised Date: 7/1/24 Page 11 of 26 4.5.2 Sycamore, Oak, Pine, and Maple Rooms (DBC Meeting Rooms), Heritage Park Community Center, and Pantera Park Activity Room 4.5.2.1 Minimum use is 2 hours of rental time including a mandatory minimum thirty-minute clean-up period at the end of each event. 4.5.2.2 Rental of DBC Meeting Rooms & Pantera Park Activity Room include tables & chairs, and patio adjoining the room approved for use is permitted. 4.5.2.3 Rental of Heritage Park Community Center includes tables & chairs, kitchen, and foyer. Rental does not include small youth activity room. 4.5.2.4 Additional permits and/or fees may be required depending on the type of use. 4.5.3 Kitchens 4.5.3.1 The Diamond Bar Center Kitchen (General Use) and the Heritage Park Community Center Kitchen are available at no cost to all users on a first come, first served basis. Use shall be coordinated between the users to best meet the needs of all users. General Use equipment includes coffee maker (user provides coffee/service), ice machine, sink, and refrigerator (items must be removed after each scheduled use). 4.5.3.2 The Diamond Bar Center Catering Kitchen is available only to users scheduled for a catered event at the Diamond Bar Center. Use of the Catering Kitchen must be requested on the same Application that is submitted for room use. Fee for use of Catering Kitchen is stated on the fee schedule. Catering Kitchen equipment includes refrigerator/freezer (items must be removed after each scheduled use), microwave oven, convection oven, warming top, hot food service unit, warming ovens (2), and a sink. 4.5.3.3 Priority usage of the catering kitchen shall go to the renter of the Entire Grand View Ballroom or 2/3 Grand View Ballroom. All other requests for use of the catering kitchen shall occur on a first-come, first-serve basis. Fee for use of the Catering Kitchen as stated on the fee schedule are applicable. 4.5.3.4 No homemade food or beverages are allowed in City facilities. Food service must be provided by a licensed City Council Policy (2018-01) Revised Date: 7/1/24 Page 12 of 26 caterer, restaurant, or deli. For all catered services, a valid Public Health Permit must be submitted a minimum of thirty (30) days prior to the event. Receipts for purchase of food or beverages from a restaurant or deli are required prior to or on day of the event. 4.5.3.5 No cooking is allowed at City facilities. For purposes of this policy, cooking includes, but is not limited to baking, barbequing, frying, grilling, etc. Use of outside areas for food heating or cooking is prohibited, with the exception of Public Health permitted food trucks. Qualifying food and beverage as defined in Section 4.10.11 may be warmed using City equipment. 4.5.3.6 Kitchen storage for recurrent users in Groups B & C may be available on a first-come, first-served basis, for a period not to exceed six months. After six months, if demand exceeds supply, storage space will be allocated through random drawing. 4.5.4 Outdoor Usage 4.5.4.1 The Outdoor Usage areas at the Diamond Bar Center are available at additional costs to all users on a first come, first served basis. Use shall be coordinated between the users to best meet the needs of all users. Outdoor Usage areas at the Diamond Bar Center include the Motor Court, Ceremony Oval, and West Lawn. 4.5.4.2 The Outdoor Usage areas are available only to users with a scheduled room reservation at the Diamond Bar Center. Use of the Outdoor Usage areas must be specifically requested on the same Application that is submitted for room use. Priority goes to renter of the Grand View Ballroom. Use of Outdoor areas will not be granted if it conflicts with a Ballroom reservation. 4.5.4.3 Outdoor Usage fee will apply as stated on the fee schedule. Outdoor equipment includes tables & folding chairs for use on the Motor Court only. Lawn chairs, tables and approved decorations (Section 13.6) must be provided by the user at their own cost via a third-party vendor for use on the Ceremony Oval or West Lawn (items must be removed after each scheduled use). 4.5.4.4 The Ceremony Oval and West Lawn are designated for ceremony use only. Hours of operation is limited to one hour City Council Policy (2018-01) Revised Date: 7/1/24 Page 13 of 26 prior to room rental set up time through sunset. Other uses or the use of alcohol in these areas is not permitted without written approval from the City. 4.5.4.5 Use of the Motor Court is limited to ceremony, cocktail hour, additional dining, and approved Public Health permitted food trucks. Hours of operation is limited to one hour prior to room rental set up time through the end of the room reservation. 4.5.4.6 Amplified sound and music outdoors is limited to 10:00 pm at an exterior noise level (dB) of 50, per the Diamond Bar Code of Ordinances Section 8.12.3 – Noise Control. 4.5.4.7 Additional permits and/or fees may be required depending on the type of use and/or equipment. 4.5.5 Rehearsal 4.5.5.1 A rehearsal may be scheduled no more than sixty (60) days prior to a contracted event date. 4.5.5.2 One free hour of use of the designated Outdoor Usage area shall be granted to the renter, provided that the rehearsal does not interfere with any occurring reservation and/or daily operations of the facility. 4.5.5.3 One free hour of use of a rental room may be granted to the user, provided that the rehearsal does not interfere with any occurring reservation and/or operations of the facility. 4.5.5.4 Should the renter request use more than 60 days in advance, and/or use for more than one hour of a rental room the appropriate fee schedule shall apply. Use for more than one hour is not available on the weekends in the ballroom. 4.5.5.5 Parks & Recreation Director has final authority to approve or deny a rehearsal date and time. Fees may be charged for use of City equipment during rehearsal time. 4.6 Recurrent Use 4.6.1 Recurrent Facility Use by Group B Organizations 4.6.1.1 Subject to availability, recurrent no-cost use of Grand View Ballroom by Group B organizations is limited to Mondays from 8:00am-3:00pm and Fridays from 8am-1pm. City Council Policy (2018-01) Revised Date: 7/1/24 Page 14 of 26 Reservations must be made a minimum of 12 months in advance. 4.6.1.2 Subject to availability, no-cost midweek reservations (Tuesday, Wednesday, or Thursday) are available to Group B organizations once per quarter. Group B organizations may reserve Grand View Ballroom for a maximum of 8 hours for such events. 4.6.1.3 Recurrent no-cost use of Pine Room by Group B organizations is available 7 days per week between the hours of 8am-10pm. Room may be reserved up to twelve months in advance. 4.6.1.4 Recurrent no-cost use of Oak Room, Maple Room, Sycamore Room, and Pantera Activity Room by Group B organizations is available Monday through Friday between the hours of 8am-4pm. 4.6.1.5 Recurrent no-cost use of Heritage Community Center by Group B organizations is available Monday through Friday between the hours of 9am-6pm unless otherwise authorized in writing by the City. 4.6.1.6 Any use by Group B organizations outside the no-cost periods established in this section is subject to Group C rates. 4.6.1.7 When not scheduled for Group B use, rooms may be reserved by others per the terms of this policy. 4.6.1.8 Each City-recognized senior organization must submit a written request for room use/application by September 1 of each year for use in the following calendar year. The written request for room use/application must include a complete membership roster with name and resident status, Articles of Incorporation indicating status as a Diamond Bar-based non-profit, and a listing of Board of Directors. Each organization will be required to meet with a City representative to review application materials. 4.7 Diamond Bar-based Non-Profit Use of Heritage Park Community Center or Pantera Park Activity Room 4.7.1 Diamond Bar-based non-profit organizations will be allowed one rental fee-free use of Heritage Park Community Center or Pantera Park Activity Room per year, provided the use is for fundraising purposes. City Council Policy (2018-01) Revised Date: 7/1/24 Page 15 of 26 4.7.2 Reservation request must be made no less than (60) days in advance with completed Facility Use Application, proof of non- profit, promotional material for the event (draft flyer, invitation, etc.), and written request explaining how the event will conduct the fundraiser and how it benefits the community. 4.7.3 Cleaning deposit, insurance, and security fees (if applicable) will apply and are due with signing of a rental contract. Insurance and security fees are non-refundable. 4.7.4 All payments must be made by the approved non-profit group and refundable deposits will be returned to the organization following the event so long as proper cleaning requirements are met and policies herein are followed. 4.8 Security 4.8.1 The City reserves the right to require security whenever it deems it appropriate. 4.8.2 A minimum of one security guard is required to be present at all events at which alcohol is served. Event may be required to have additional security, as determined by staff. Factors that may require addition security include, but are not limited to; events with 200 or more guests, events with multiple bar stations or multiple room reservations, and/or events with attendance exceeding parking lot capacities. 4.8.3 Security must be present ½ hour prior to the start of guest arrival through the end of the event (including clean-up hour). Additional time may be required, as determined by staff. 4.8.4 Cost of security is the responsibility of the user and is payable to the City of Diamond Bar at the rates established in the City’s most current security contract. Fees for security services will be provided to the applicant at the time of final payment. All fees are subject to change. 4.9 Alcohol Use 4.9.1 Alcohol use is allowed at the Diamond Bar Center and Heritage Park Community Center exclusively by written permission of the City. Alcohol use is not allowed at the Pantera Park Activity Room. All approved alcohol use must comply with applicable law and the provisions of this policy. Failure to comply with any regulations will result in immediate revocation of the permission to use alcohol and City Council Policy (2018-01) Revised Date: 7/1/24 Page 16 of 26 termination of the event. Additional regulations and specifications may be required in the facility use permit for any event. 4.9.2 General Alcohol Regulations 4.9.2.1 “Alcohol use” refers to any beverage that contains any amount of alcohol. 4.9.2.2 An alcohol deposit in the amount established in the City Council-approved fee schedule shall be required for any event where alcohol is being served. 4.9.2.3 If alcohol is to be served, full liquor liability insurance coverage is required. 4.9.2.4 Security is required to be present at all events at which alcohol is served. 4.9.2.5 Sale of alcohol at private parties, including but not limited to weddings, anniversaries, birthdays, quinceaneras, etc., must be arranged through a caterer with a valid type 47 or 48 license obtained from the California Department of Alcoholic Beverage Control. No exceptions. 4.9.2.6 Non-profit organizations may serve alcoholic beverages by obtaining a one-day permit from the California Department of Alcoholic Beverage Control. 4.9.2.7 Alcohol shall not be served to minors. The user’s failure to comply, monitor and enforce this provision is grounds for terminating the event immediately and forfeiture of the refundable deposits and all of the room fees. 4.9.2.8 Injuries caused to any person as a result of alcoholic beverages being served and/or consumed on City premises, including but not limited to the Diamond Bar Center, shall be the sole responsibility of the organization, its sponsor or the adult representative, who, as a condition of signing the use permit for the facility agree to indemnify the City for any such injuries. 4.9.2.9 Permission to serve alcohol shall not be granted for any event where the majority (50% plus one) of guests in attendance will be under the age of 21. 4.9.2.10 Alcohol may not be served or sold prior to or beyond the approved alcohol service time. City Council Policy (2018-01) Revised Date: 7/1/24 Page 17 of 26 4.9.2.11 Alcohol may not be served until approved security officers are on-duty at the facility or unless the requirement for security has been waived by the Parks & Recreation Director or designee. 4.9.2.12 Alcohol may not be served nor consumed outside of the room approved for use. Serving or consuming alcohol on patios adjoining the room approved for use is permitted. 4.9.2.13 Alcohol may not be served nor consumed in the parking lot without written approval from the City. 4.9.2.14 The service of alcohol at any event is limited to a maximum of five consecutive (5) hours. 4.9.2.15 Alcohol service time shall be ended no later than one (1) hour prior to the scheduled start of event cleanup period. 4.9.2.16 All alcohol must be distributed by a server(s) from behind a table or a bar, which must be monitored by the server at all times. The server(s) must be a member of the catering staff or a hired bartender and may not be a guest of the event. The server(s) must be an adult, over the age of 21 and is required to submit a copy of his/her driver’s license a minimum of thirty (30) days prior to the event. The server(s) also must provide proof of Responsible Beverage Service training certification through the State of California Department of Alcohol Beverage Control. The server(s) is responsible for ensuring that guests are not overserved and that no minors are served. The server may not consume alcohol while on duty. 4.9.2.17 When serving champagne, all bottles must be opened in the kitchen prior to serving. Champagne bottles may not be opened in the banquet rooms. All unopened bottles must be stored in the kitchen or returned to the bar. 4.9.3 License Requirements 4.9.3.1 No sales or requests for donations for alcohol are permitted without a license from the State of California Department of Alcoholic Beverage Control (A.B.C.), Los Angeles County office. 4.9.3.2 A copy of the facility rental contract and City-issued letter of approval must be furnished to A.B.C. when applying for this license. City Council Policy (2018-01) Revised Date: 7/1/24 Page 18 of 26 4.9.3.3 A copy of the A.B.C. license must be furnished to the City a minimum of seven working days prior to the event. 4.9.3.4 A copy of the A.B.C. license must be posted in plain public view near the bar, or other location, where the alcohol is being served. 4.9.3.5 Non-Profit Organizations: A one-day alcoholic beverage permit can only be issued to Non-profit organizations and only if the proceeds are going back to that Non-Profit organization. 4.9.3.6 Private Parties: Private parties i.e. weddings, anniversaries, birthdays, meetings, or anyone other than a Non-Profit organization, shall not sell alcohol on their own, but must arrange this through a licensed caterer. The caterer must have a License (Type 47 or 48), which enables the caterer to sell beer, wine, & distilled spirits (hard liquor). If the caterer does not have this license the private party cannot sell alcohol. NO EXCEPTIONS. It is illegal for a private party to sell alcohol on their own. 4.10 General Operating Regulations 4.10.1 Advertising Materials may be left with staff for approval and will be displayed when deemed appropriate and as space permits. Any item posted which has not been approved will be removed and discarded. 4.10.2 Animals. 4.10.2.1 Animals are not permitted inside City facilities except licensed service animals. This includes, but is not limited to, guide dogs for the blind and dogs for the hearing or physically impaired. Diamond Bar Municipal Code section 12.00.260 specially prohibits animals outside the Diamond Bar Center or in Summit Ridge Park (except leashed dogs and cats) unless permitted by the Parks & Recreation Director. 4.10.2.2 Permits will be considered when the animal is being provided by an insured entity or individual. That animal must remain under the control of the entity or individual animal handler at all times. If the provider of the animal is someone other than the Applicant, such entity or individual shall provide general liability insurance of no less than two million City Council Policy (2018-01) Revised Date: 7/1/24 Page 19 of 26 dollars ($2,000,000), which otherwise meets the requirements of Section 4.10.23 herein. 4.10.2.3 If approved, a cleaning deposit in the amount determined by staff based on factors of the requestor, including but not limited to the type of animal(s), length of time on site, use of any additional equipment, and civilian to animal(s) interaction. 4.10.3 City equipment may not be moved, rearranged, or altered for purposes other than its intended use is prohibited. City equipment shall not be removed from the facility. 4.10.4 Clean up is the user’s responsibility and includes, but is not limited to, wiping of table tops, cleaning of chairs, disposing of all trash into proper receptacles, mopping of kitchen floor, wiping of counter tops and kitchen equipment, cleaning up all spillage on/in floors, refrigerators/freezers, and ovens, and removal of all user-owned or leased (non-City owned) items by the end of the rental. Storage is not provided at City facilities. 4.10.5 Commercial Use of City Facilities for profit and private gain is prohibited. Diamond Bar-based non-profits may use City Facilities to conduct fundraising efforts, provided that 100% of the funds generated are received by the organization and all expenses related to the fundraising event are paid through the organization’s regular debt process. 4.10.6 Decorations require prior approval by staff. No signs or decorations are to be taped, nailed or otherwise attached to walls, windows, ceilings, drapes, or other City property without written approval. Decorations must be fireproof. Patio decorations, tents, or other equipment must also receive written approval. No rice, birdseed, confetti, or other similar items shall be thrown in or around the facility. Balloons must be secured and not released. Metallic ribbons may not be attached to balloons. A fee will be assessed if staff must retrieve released balloons or if any decorations cause damage to facility. 4.10.7 Discrimination by User Groups is prohibited. The City of Diamond Bar shall not rent, lease, or allow use of its public facilities by any person or organization that illegally discriminates on the basis of race, color, creed, marital status, sex, religion, national origin, ancestry, sexual orientation, or handicap condition. 4.10.8 Events Not Covered in this policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, City Council Policy (2018-01) Revised Date: 7/1/24 Page 20 of 26 and services. A variance may be required as provided in Section 4.11. 4.10.9 Facility User’s Property, including all decorations, equipment, supplies, etc. user-owned or leased (non-City owned) must be removed from City facilities immediately following activity. The City reserves the right to remove any remaining items from the premises and have them stored at the user’s expense. If such equipment or supplies are not claimed within two (2) weeks after notice to the user, the City reserves the right to dispose of such material in any manner it deems appropriate and retain any proceeds received from such disposal. Any cost to the City, including but not limited to administrative costs, incurred to dispose of the unclaimed property in excess of the revenue received from such disposal shall be billed to the user with payment due and payable in thirty (30) days. 4.10.10 Fire/Open Flame use is strictly prohibited without written approval in the form of a permit issued by the City Building and Safety Official. Request for permit, along with sample candle or open flame device, must be submitted to the staff a minimum of fourteen (14) days prior to event. Typical uses of fire and open flame that may be considered for approval include: 4.10.10.1 Tea lights that meet the design standards of the L.A. County Fire Department 4.10.10.2 Regular style birthday candles no more than 3 1/2 inches in height that are placed in a cake (pastry or ice cream) and lit for a short duration and then extinguished after the singing of a celebratory song (relighting candles is not allowed); 4.10.10.3 Sterno heaters for food warming are allowed without a permit by licensed caterers if heater is placed under a chafing dish on a table with no guests seated at the table. Propane containers (or similar Class I and II liquid fuels) are prohibited at City facilities at all times. 4.10.10.4 Any use of pyrotechnics, sparklers, cold sparks, or other flammables are strictly prohibited. 4.10.11 Food and Beverage regulations apply to all rentals. No homemade food or beverages are allowed in City facilities. Food service must be provided by a licensed caterer, restaurant, or deli. For all catered services, a valid Public Health Permit must be submitted at least thirty (30) days prior to the event date. Receipts for purchase of food from a restaurant or deli are required prior to or on the day of the event. City Council Policy (2018-01) Revised Date: 7/1/24 Page 21 of 26 No cooking is allowed at City facilities. For purposes of this policy, cooking includes, but is not limited to baking, barbequing, frying, grilling, etc. Use of outside areas for food heating and cooking is prohibited, with exception of Public Health permitted food trucks. 4.10.12 Illegal Activity is prohibited. All groups and individuals using City facilities shall comply with City, County, State, and Federal laws. Illegal acts, including but not limited to fighting, gambling and lewd conduct are prohibited. Illegal activities will be immediately reported to law enforcement. 4.10.13 Incense, Fog, Hazer or Smoke Use is not permitted at City facilities at any time. 4.10.14 Marijuana/Cannabis may not be possessed, smoked, or otherwise ingested anywhere on City property. 4.10.15 Maximum Attendance regulations apply to all rentals. All rentals are subject to and may not exceed the maximum room capacities listed in Exhibit A. Failure to comply may result in termination of event. 4.10.16 Minors shall be supervised by one adult for every 10 minors, age 12 and under and one adult for every 20 minors under the age of 18 and over the age of 12 at all times while they are using the Center. Events that are specifically geared to minors may be required to have security guards present during the event and cleanup. Permission to serve alcohol shall not be granted for any event where the majority (50% plus one) of guests in attendance will be under the age of 21. 4.10.17 Parking Lot Use is established to primarily service the facility. Exceptions may be issued through approval of a Variance as provided in this policy. Requests to use the parking lot will be considered under “events not covered” for appropriate use, fees, and service. 4.10.18 Public areas of indoor facilities, including heating, air conditioning systems, and lighting, are operated solely by the City and shall be operated in a manner deemed best by the City. 4.10.19 Security of Entrances regulations apply to all rentals. All entrance doors on the premises shall be locked when the facility is not in use. All door openings to public corridors shall be kept closed except for normal ingress and egress. During use of City facilities, all exit doors shall be unlocked and shall not be blocked in any manner. City Council Policy (2018-01) Revised Date: 7/1/24 Page 22 of 26 4.10.20 Sleeping or lodging is not permitted in City facilities. 4.10.21 Smoking, vaping, and/or tobacco use of any kind or smoking is not permitted in City facilities. Smoking, vaping and tobacco use is permitted in designated outdoor areas only. 4.10.22 Health & Safety. The City reserves the right to cancel the event, alter event capacities or make alternative guidelines in the event of a public emergency, communicable disease outbreak, or other orders set forth by to the State and/or L.A. County Department of Public Health. Notice shall be given as far in advance as possible to accommodate for event updates, or a full refund will be made if cancelled. Every effort will be made to find a suitable alternative facility if cancellation by the City is necessary. 4.10.23 Liability and Insurance 4.10.23.1 All users of the facility shall procure and maintain, at their own expense and for the duration of the event covered, comprehensive general liability in an amount not less than one million dollars ($1,000,000.00) per occurrence, two million ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. Depending on the nature of the proposed facility use, additional insurance may be required. 4.10.23.2 If alcohol is to be served, full liquor liability coverage is required. 4.10.23.3 The policy must include contractual liability that has not been amended. 4.10.23.4 Insurance shall contain no special limitations on the scope of protection afforded to City and City personnel. 4.10.23.5 Insurance shall be the primary insurance and any insurance or self-insurance maintained by City or City personnel shall be in excess of the user’s insurance and shall not contribute with it. 4.10.23.6 Insurance shall be “date of occurrence” rather than “claims made” insurance. 4.10.23.7 Insurance shall apply separately to each insured against the limits of the insurer’s liability 4.10.23.8 Insurance shall be written by insurance companies qualified to do business in California and rated “A” or better City Council Policy (2018-01) Revised Date: 7/1/24 Page 23 of 26 in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VIII or better, unless such rating qualifications are waived by the City’s Risk Manager due to unique circumstances. 4.10.23.9 The applicant’s policy must include a 30-day written cancellation notice. 4.10.23.10 Applicant must file an original copy of the Certificate of Insurance not later than the date of final payment. If a certificate is not on file by this date, insurance fees will apply. 4.10.23.11 Coverage must be purchased via the City’s contracted special events insurance provider, unless the applicant is able to meet insurance requirements. 4.10.23.12 Additional insured endorsements are required and must accompany the Certificate of Insurance. 4.10.23.13 Additional Insured Endorsement must also indicate policy number, date, name of insurance company and name of insured and must name the City, its officers, employees, agents, and volunteers as additional insureds as to comprehensive bodily injury, personal injury, and property damage liability. 4.10.23.14 To the full extent permitted by law, user shall defend, indemnify and hold harmless City of Diamond Bar, its officials, employees and agents, from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Permittee’s authorized use or occupancy of the facility and adjoining property unless solely caused by the gross negligence or willful misconduct of City of Diamond Bar, its officers, employees, or agents. 4.11 Variances 4.11.1 An applicant may request a variance from one or more of the rules set forth below in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this policy. City Council Policy (2018-01) Revised Date: 7/1/24 Page 24 of 26 4.11.2 Variances must be requested in writing to the Parks & Recreation Director. The request must set forth the unusual circumstances that justify a deviation from the ordinary rules. Variance may require additional supporting documentation, equipment specifications, etc. depending on the nature of the request, if called for by city staff. 4.11.3 Variances will be granted only upon a finding that the circumstances presented are unusual and not likely to recur often, the granting of the variance will not set a precedent, and the variance will not be detrimental to public health, safety or welfare, or disruptive to other events occurring in the facility at the same time or to the immediately surrounding neighborhood. 4.11.4 In the event a variance is granted, the applicant will pay any supplemental fee necessary to compensate the City for additional costs associated with the variance. The decision of the Parks & Recreation Director is final. 4.11.5 Waiver of fees may be approved for Group C (governmental) organizations when it is determined that the use by the Governmental Organization will provide a substantial and measurable benefit to the Diamond Bar community. 4.11.6 Maximum Facility Capacity 4.11.6.1 See Exhibit A. 5. Exhibits 5.1 Maximum Facility Capacity City Council Policy (2018-01) Revised Date: 7/1/24 Page 25 of 26 Diamond Bar Center Grand View Ballroom – Entire Maximum Capacity Dining Capacity 438 Dining Capacity w/ 500 sf dance floor 405 Dining Capacity w/ 1,000 sf dance floor 372 Theatre Capacity 822 Grand View Ballroom – A & B Dining Capacity 288 Dining Capacity w/ 500 sf dance floor 255 Dining Capacity w/ 1,000 sf dance floor 222 Theatre Capacity 541 Grand View Ballroom – A Dining Capacity 133 Dining Capacity w/ 500 sf dance floor 100 Theatre Capacity 250 Grand View Ballroom – B Dining Capacity 155 Dining Capacity w/ 500 sf dance floor 121 Theatre Capacity 291 Grand View Ballroom – C, D, & E Dining Capacity 150 Dining Capacity w/ 500 sf dance floor 116 Theatre Capacity 278 Grand View Ballroom – C Dining Capacity 50 Theatre Capacity 91 Grand View Ballroom – D Dining Capacity 53 Theatre Capacity 100 Grand View Ballroom – E Dining Capacity 46 Theatre Capacity 87 Pine Room Dining Capacity 66 Theatre Capacity 120 Sycamore Room Dining Capacity 60 Theatre Capacity 100 Maple Room Dining Capacity 32 Theatre Capacity 60 Oak Room Dining Capacity 100 Theatre Capacity 185 Outdoor Usage Areas Ceremony Oval 250 West Lawn 150 Motor Court 300 City Council Policy (2018-01) Revised Date: 7/1/24 Page 26 of 26 Heritage Park Community Center Dining Capacity 110 Theatre Capacity 185 Pantera Park Activity Room Dining Capacity 50 Theatre Capacity 80