§ 3.32.280. Rose Bowl area—Rental rates and charges.

The city council, by resolution, shall establish a schedule of minimum rents, charges and fees to be charged and collected for use of the Rose Bowl. Nothing herein shall prohibit rents, charges and fees in excess of those set forth in the aforementioned schedule. In addition, users of the Rose Bowl shall pay to the city all costs incurred by the city and Rose Bowl Operating Company in connection with their licensed use as determined by the general manager of the Rose Bowl and enumerated in a license agreement which also shall set forth the time and method of payment of all charges and the matter of accounting therefor. The minimum schedule of rents, fees and charges shall conform to the other provisions set forth in this section and chapter.

A.

Services for which costs shall be charged as costs of operations shall include, but not be limited to, police and security, crowd control, groundskeepers and such other services which are required by the general manager of the Rose Bowl and set forth in the license agreement.

B.

The aforementioned minimum schedule may provide for but shall not require a reduction of rents, fees and charges based on the following considerations:

1.

Whether the event to be sponsored is for a local public purpose or benefit; or

2.

Whether an admission fee is to be charged, collection taken or space or advertising sold or sublet; or

3.

Whether the net proceeds of the event will be donated to nonprofit organizations; or

4.

Whether the event is to be open to the public; or

5.

Whether the event is of a cultural, civic or patriotic character; or

6.

Whether the licensee is a nonprofit organization.

The general manager of the Rose Bowl shall determine whether or not a licensee is entitled to any reduced rent, fee or charge provided for hereunder and his or her decision shall be limited to a consideration of the foregoing factors. For purposes of this section, a "nonprofit organization" shall be defined as a nonprofit organization with an office in the city for at least 5 years preceding the date of the application for a license.

C.

Every licensee shall be required to pay all costs of operations incurred by city and Rose Bowl Operating Company in connection with said licensee's use of the Rose Bowl, except as such costs are either reduced or waived by specific resolution of the city council as to city costs and of the Rose Bowl Operating Company as to Rose Bowl Operating Company costs. Nothing contained elsewhere in this chapter shall authorize an exception to this provision.

D.

Every person using the Rose Bowl shall be required to indemnify, hold harmless and defend the city, Rose Bowl Operating Company, their respective officers, directors and employees from any loss, liability or damage resulting from the use of the premises by said licensee, and each user shall procure and maintain, in full force and effect, during the period of licensed use, a policy of insurance satisfactory to city which shall insure city and Rose Bowl Operating Company against any liability of whatsoever nature on account of bodily injury to or of damage to any property arising out of or in connection with the use of said premises by said user, including all costs of defending any claim arising as a result thereof. The insurance policies required herein shall be in an amount and on forms approved by the city, and each such policy shall provide that the policy shall not be cancelable for any cause until 30 days' written notice to the city and Rose Bowl Operating Company. Evidence of products' liability insurance coverage, or workers' compensation insurance coverage may be required, and if required by city, such coverage shall comply with the form requirements specified herein. City, at city's sole option, may waive all or part of the foregoing requirements regarding indemnity and insurance, and require the user to obtain similar insurance coverage, either through the city or by other arrangement approved by city, and the user shall be required to reimburse city for the cost of any insurance provided pursuant hereto.

E.

No use of the Rose Bowl shall be permitted unless licensed and no license shall be granted unless such licensed use is in writing and on a form approved by the city attorney and executed by the Rose Bowl Operating Company or the general manager of the Rose Bowl, as agent of the city. The Rose Bowl Operating Company and the general manager of the Rose Bowl, as agent of the city, are authorized to execute all license agreements in conformance with this chapter for the Rose Bowl for and on behalf of the city.

F.

No provision of this section shall limit or prohibit RBOC from charging a rental or use fee in excess of that set forth in the minimum schedule provided for herein, or basing the rental fee or charge for use of the Rose Bowl upon a percentage of licensee's gross receipts; provided, that each licensee agreement shall provide that the minimum rental fee or charge set forth in the aforementioned schedule shall be collected from the licensee.

G.

The general manager of the Rose Bowl or his or her designee shall use the authority granted hereunder to promote by all appropriate means greater use of the Rose Bowl for revenue-producing events.

(Ord. 6627 § 5, 1995: Ord. 6403 § 2 (part), 1990)