Chapter 668 - SKY BOXES

Sec. 667.116. - Permit required. TITLE XIX - PUBLIC SAFETY Chapter 668 - SKY BOXES

Sec. 668.101. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Director means the Executive Director of Office of Economic Development.

(b)

General Manager means the Chief of Recreation Activities who is the General Manager of the Gator Bowl Stadium pursuant to Section 33.302.

(c)

Lessee means a person who has been awarded the right to rent a sky box and has executed a lease agreement with the City for that purpose.

(d)

Sky box means one of the private sitting rooms, containing either 12 or 16 seats, constructed in the upper level of the Jacksonville Municipal Stadium, leased to private persons and used for the viewing of events in the Jacksonville Municipal Stadium.

(Ord. 82-816-376, § 1; Ord. 83-591-400, § 1; Ord. 84-293-173, § 18; Ord. 2012-364-E, § 10)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 252.101.

Sec. 668.102. - Sky boxes to be leased.

Each sky box shall be leased to a private person in the manner prescribed in this Chapter. No sky box shall be utilized by any person unless he is a lessee or the guest of a lessee of the sky box. In the event a sky box becomes vacant and unleased from time to time, the Mayor, or his designee, is hereby authorized to allow that vacant sky box to be utilized by a nonprofit group or governmental entity; provided, such group or entity shall pay the applicable admission fee for the event occurring during the usage for each person utilizing the sky box and shall comply with all other applicable provisions of this Chapter. The utilization of the vacant, unleased sky box shall only be on an event by event basis during the vacancy. The lessee of a sky box shall have the right to exclusive use and possession of the sky box during the term of the lease; provided, that the General Manager shall have the right to enter and inspect the sky box at all reasonable times and to permit repair, maintenance and housekeeping personnel to enter the sky box to perform their duties.

(Ord. 82-816-376, § 1; Ord. 83-591-400, § 1; Ord. 88-1371-647, § 1)

Note— Former § 252.102.

Sec. 668.103. - Initial leasing of sky boxes.

The first leasing of the sky boxes shall be conducted according to the following procedure:

(a)

Notice. The Director shall publish once in a newspaper of general circulation in the City an announcement that the City will accept applications for the leasing of the sky boxes. The announcement shall state:

(1)

Where application forms may be requested and where they are to be returned when completed.

(2)

The period of time during which applications will be accepted, which shall be not less than one week nor more than one month, as prescribed by the Director, beginning on a date subsequent to the date of the announcement.

(3)

That a deposit in the amount of $2,000 shall accompany each completed application form.

(4)

The annual rental for each class of sky box.

(5)

That the term of the lease is for three years, subject to the provisions of this Chapter and the lease agreement.

(6)

The procedure for sealed bids, auction and drawing which will be utilized to award each lease.

(7)

Other necessary particulars, including where more detailed information can be secured and the date on which the sealed bids will be opened, the auction held and the names of the prospective lessees are to be drawn.

(b)

Minimum annual rental. The minimum annual rental for the sky boxes is as follows:

(1)

For each 12-seat sky box—$7,200.

(2)

For each 16-seat sky box—$9,600.

The rental amount is exclusive of sales tax and of the admission ticket cost for events in the Gator Bowl.

(c)

Application; deposit. Each person desiring to lease a sky box shall make application with the Director on a form prescribed by the Director. Each application shall designate preference for either a 12-seat box or a 16-seat box, shall contain a sealed bid in an amount equal to at least the minimum annual rental for the designated box, and shall be accompanied by the deposit mentioned in subsection (a)(3) of this Section in the form of a cashier's check or certified check, and no application shall be accepted unless so accompanied. Applications shall be submitted in a sealed envelope; all envelopes shall be office-letter size. The date and time of receipt shall be stamped or marked on each envelope, except that envelopes received after the closing date of the application period shall be refused and returned to the person tendering them. Each person may submit only one application; if any person submits more than one application, the deposits submitted with the applications shall be forfeited to the City and the applications shall be withdrawn and deemed ineligible for consideration.

(d)

Identification of sky boxes. The sky boxes shall be numbered or otherwise marked so that prospective lessees can identify each sky box as to location and seating capacity. This identification system shall be used in the assigning of sky boxes during the auction or drawing prescribed by subsection (e) of this Section.

(e)

Award procedure. The leases will be awarded by combination of sealed bids followed by auction and by a lottery drawing. One-half of the available sky boxes will be awarded based on the sealed bid followed by an auction procedure and the other one-half of the available sky boxes will be awarded by a lottery drawing procedure, as follows:

(1)

Five 16-seat sky box leases and seven 12-seat sky box leases shall be awarded by the sealed bid-auction procedure as follows:

(i)

All applications will be opened and the sealed bids included in the application will be opened and arranged according to magnitude.

(ii)

The highest sealed bid for a 16-seat sky box shall be determined and the amount of the bid shall be the basis or minimum beginning bid for an auction for the first sky box to be awarded. The auction shall be conducted in a manner prescribed by the Director. Only persons who have made an application may participate in the auction. The highest bidder in this auction for the 16-seat sky box shall have first choice of the 16-seat sky boxes available for lease.

(iii)

Once the first 16-seat sky box has been selected, an auction shall be conducted for the first 12-seat sky box to be leased, with the minimum bid for the sky box being based on the highest sealed bid received for a 12-seat sky box. The successful highest bidder at the auction for this second box shall have the choice of selecting a sky box from the 12-seat sky boxes available for lease.

(iv)

This same procedure of alternating boxes and utilizing the highest remaining sealed bid for each type of sky box (12-seat or 16-seat) as the minimum starting bid for the auction shall continue until all the boxes available for lease under this procedure have been awarded.

(v)

An applicant not awarded a sky box by the sealed bid-auction procedure prescribed by this paragraph shall have his application considered in the lottery drawing.

(2)

Five 16-seat sky box leases and seven 12-seat sky box leases shall be awarded by a lottery drawing procedure as follows:

(i)

Applications remaining after the sealed bid-auction procedure as described in paragraph (1) has been completed shall be resealed in identical envelopes along with the corresponding sealed bid offered with the application. All resealed applications shall be marked to note whether the applicant requested a 16-seat sky box or a 12-seat sky box and shall be placed in appropriate containers corresponding to the number of seats requested.

(ii)

The envelopes shall then be drawn alternately, first from the 16-seat sky box container and then from the 12-seat sky box container, and after each drawing opened, and the applicant identified.

(iii)

The applicant whose name is drawn shall be offered a lease on his choice of one of the sky boxes, with the number of seats requested, available for lease.

(iv)

This sequence of alternating drawing and of assigning sky box leases shall be followed until either all of the sky boxes in the Gator Bowl sky box Section are awarded or all of the applications have been drawn and opened. If any applicant whose name is drawn refuses the award of a sky box, his application shall be withdrawn from any further consideration and his deposit forfeited to the City.

(v)

The rental amount for the lease for the boxes assigned pursuant to this lottery drawing procedure shall be that amount as initially bid by the applicant in his application, subject to the minimum annual rental required in Section 668.103.

(vi)

Each applicant, or his duly authorized representative, shall be present at the drawing; if an applicant is represented by another, the representative shall have the authority to accept the assignment of a sky box on behalf of the applicant. If the name of an applicant is drawn and he, or his representative, is not present, the application shall be disregarded and treated as if it had not been drawn at all.

(vii)

In the event that all of one type of sky box (12-seat or 16-seat) available for lease have not been awarded after all the applications for that type of sky box have been drawn, the drawing shall continue until all the other type sky boxes have been awarded, and then, if any applications still remain undrawn, those applications shall be drawn one at a time and the respective applicant shall be given the option to lease one of the remaining sky boxes at the minimum annual rental for that type of sky box (12-seat or 16-seat) as remains available for rental. An applicant whose name is drawn but refuses to accept the option shall not forfeit his deposit and his application shall remain on the list for future applicants as provided in subsection (f) of this Section.

(viii)

If there are still sky boxes available for lease after all the applications have been drawn, the Director shall publish a notice, substantially in the form required by Section 668.103(a), including a deposit requirement, for the submission of additional applications for sky box leases. An additional public drawing shall be held in the manner prescribed by Section 668.103(e)(2), as near as may be, to assign or award the remaining sky boxes. The requirements of Section 668.104 shall apply to a person to whom a sky box has been assigned under this subsection.

(f)

Unused applications. At the conclusion of the drawing, if all of the sky boxes have been assigned and sealed envelopes still remain undrawn, they shall be removed from the container and opened, and the applicants shall be notified that they have been placed on a list of future applicants for sky boxes, as provided in Section 668.105. The deposit shall be returned to each applicant notified under this subsection.

(Ord. 82-816-376, § 1; Ord. 82-949-410, § 1; Ord. 83-591-400, § 1)

Note— Former § 252.103.

Sec. 668.104. - Lease agreement.

Each person to whom a sky box is assigned shall have ten days from the date of assignment to execute the lease agreement required by this Chapter. Any person who fails to do so shall forfeit the deposit (if any was given) to the City and shall not be entitled to lease a sky box except after participation in another drawing under this Chapter. A lease agreement shall contain at least the following terms and conditions:

(a)

The lease shall be for a three-year period commencing on October 1 and ending on the third September 30 following and, at the end of the term, the lessee shall have the right of first refusal to renew the lease agreement under the terms and conditions and for the rental amount as determined by the Council upon written notification to the Director within 60 days from the date the Council, by ordinance, determines the terms and conditions and annual rental amount for renewal, but in no event later than August 1 in the year the lease agreement terminates.

(b)

The lessee shall be entitled to use, occupy and possess the sky box for personal viewing of events in the Gator Bowl by the lessee and his guests for such hours or period of time with respect to each event as the Director specifies.

(c)

The annual rental payments shall be due and payable on the first day of each year of the rental term, or at such other time as may be specified in the lease agreement.

(d)

The lessee shall be entitled, as a part of the rental payment and at no additional charge, to have and use not exceeding three automobile parking spaces in a parking area or areas designated by the General Manager for such events as the lessee or his guests may attend.

(e)

The sky box will include water, a cold-water sink, heating, air conditioning, lighting, at least two electrical outlets and a telephone jack, all to be provided as a part of the rental payment, but the lessee shall be responsible for and pay all telephone installation, service and use charges.

(f)

The sky box will be decorated and furnished by the lessee at his sole cost and expense in accordance with a choice of plans and color schemes to be made available by the City, but all improvements, alterations, repairs and decorative additions (exclusive of personal property which has not been attached to or incorporated into the sky box) shall become the property of the City immediately upon the termination or expiration of the lease.

(g)

The lessee shall indemnify, defend and hold the City harmless from and against any claims, suits, judgments, settlements, damages, expenses and costs for personal injury or property damage resulting from or in connection with any act or omission occurring in the sky box or any breach of the lease, by the lessee or his guests, and the lessee shall maintain and submit upon the execution of the lease agreement a certificate of insurance acceptable to the City.

(h)

The lessee shall be required to purchase a ticket for each seat in his sky box for every professional or college athletic event held in the Gator Bowl, up to a maximum of four athletic events in any one rental year, whether attending any event or not. For all other events held in the Gator Bowl, a ticket shall be purchased by the lessee for each person attending the event and sitting in the sky box. Ticket prices for sky box seating shall be determined by the Gator Bowl lessee for each event, but in no case shall be more than the highest priced ticket for such event for other seats at the Gator Bowl and shall not be sold to anyone other than the sky box lessee or his authorized agents.

(Ord. 82-816-376, § 1; Ord. 82-984-415, § 1; Ord. 83-591-400, § 1)

Note— Former § 252.104.

Sec. 668.105. - List of prospective applicants.

The names of all applicants whose applications were not drawn pursuant to Section 668.103 or Section 668.106 shall be placed upon a list of prospective applicants for future assignments of sky boxes. The Director may also permit, under rules prescribed by him, other persons to submit applications, and their names shall be placed on this list of prospective applicants upon receipt of the completed application. If a lease is terminated, and when a lease expires, the applicants on this list shall be notified of the time and place of the public drawing to select a prospective lessee. No deposit shall be required of any person whose name is placed on this list.

(Ord. 82-816-376, § 1; Ord. 83-591-400, § 1)

Note— Former § 252.105.

Sec. 668.106. - Assignment and lease of sky box after initial assignment; transfer option.

(a)

In the event and if for any reason a sky box should become vacant, all current sky box lease holders shall have the option of transferring their existing lease to the newly vacated sky box before such vacated sky box is offered for lease pursuant to subsection (b) of this Section. The transfer of lease to the newly vacated sky box shall be determined by means of a lottery among the current sky box lessees wishing to transfer to a new sky box and shall be conducted generally as prescribed in Section 668.103(e)(2), as near as may be practical, to assign or award the lease transfer. The requirements of Section 668.104 shall continue to apply to a person to whom a sky box has been transferred under this subsection.

(b)

If a lease is terminated, and no current lessee has requested the transfer option set forth in subsection (a) of this Section, a public drawing shall be held to assign the sky box to a new lessee. The Director shall publish a notice, substantially in the form required by Section 668.103(a) (except that no deposit shall be required), announcing the public drawing and, if there are no persons on the list of prospective applicants or if, in the judgment of the Director, additional applications can be secured, calling for the submission of applications. Each person may submit or have on file with the Director only one application; if a person submits or has on file more than one application, the applications shall be withdrawn and deemed ineligible for construction. The public drawing shall be held in the manner prescribed by Section 668.103(e), as near as may be, and the requirements of Section 668.104 shall apply to a person to whom a sky box has been assigned under this Section.

(c)

Any lease assigned or transferred under the provisions of this Section shall be at the same annual rental (or a proration thereof for periods of less than one year) as the original lease for such sky box.

(Ord. 82-816-376, § 1; Ord. 83-591-400, § 1; Ord. 88-1371-647, § 2)

Note— Former § 252.106.

Sec. 668.107. - Assignment of leases; death of lessee.

No lessee shall sell, pledge, assign, sublet, alienate or otherwise transfer any portion of his rights, benefits or interest in a lease agreement under this Chapter to any other person without the prior express written consent of the Director. A lessee shall at all times keep the sky box free and clear of all liens and encumbrances of any nature whatsoever. Upon the death of an individual lessee, his personal representative may retain the lease and transfer the remaining term thereof to the next of kin of the deceased lessee, who shall be substituted therefor and subject to the terms and conditions of the lease; but no lessee shall have the right to transmit the lease, or any interest therein, by will or intestate succession.

(Ord. 82-816-376, § 1; Ord. 83-591-400, § 1)

Note— Former § 252.107.

Sec. 668.108. - Utilization of 21-seat sky boxes.

One of the two 21-seat sky boxes shall be under the supervision and control of the Mayor. The seats in the 21-seat sky box under the supervision and control of the Mayor may be assigned or utilized at the discretion of the official supervising and controlling the sky box for VIPs and other guests. The other of the 21-seat sky boxes shall be leased by the Director as provided for in this Chapter for the other sky boxes.

(Ord. 82-816-376, § 1; Ord. 83-591-400, § 1; Ord. 85-1205-612, § 2; Ord. 87-1077-489, § 1; Ord. 87-1209-696, § 1)

Note— Former § 252.108.

Sec. 668.109. - Possession and consumption of alcoholic beverages permitted.

Notwithstanding the prohibitions of Sections 154.107(a) and 154.301, the lessee of a sky box and his invited guests are permitted to possess and consume alcoholic beverages while in the sky box and to possess alcoholic beverages while transporting them to the sky box in the elevator and passages designated for this transportation. The lessee shall be responsible for the conduct of his guests and for compliance with all laws relative to the service and consumption of alcoholic beverages, except as herein made specifically inapplicable; the City assumes no responsibility therefor. This Section shall be made a part of the lease agreement, and the authority hereby granted shall expire or terminate upon the expiration or termination of the lease agreement.

(Ord. 83-1156-554, § 2)

Sec. 668.110. - Visitors' sky boxes.

The sky boxes constructed between the press box and the two 21-seat sky boxes shall be made available for use by opposing teams playing in the Gator Bowl, or by the promoters or lessees of the Gator Bowl for nonathletic events.

(Ord. 85-1205-612, § 3)

Sec. 667.116. - Permit required. TITLE XIX - PUBLIC SAFETY