Facility rentals

(a)

Facilities may be reserved in advance by completing and submitting an application and paying the required fees as established by resolution of the city council. A cleanup deposit may be required.

(b)

A facility rental application is required when one or more of the following conditions apply:

(1)

The applicant desires exclusive use of an indoor recreation facility.

(2)

The proposed activity will be open to the public and/or an organized gathering involving athletics.

(3)

The proposed activity will be in a designated outdoors space with an anticipated attendance of more than twenty-five (25) but less than three hundred one (301) persons at any one given time. If the anticipated attendance is three hundred one (301) persons or more at any one given time, then a special event permit must be obtained under Chapter 28, City of Tampa Code.

(4)

The proposed activity includes commercial activity.

(5)

The proposed activity involves the take-off, launch, land, ascent, or descent of any aircraft, glider, balloon, model airplane, or parachute in or upon any department managed land without contractual authority.

(6)

The applicant desires to post signs in conjunction with an activity or gathering in a recreational facility.

(7)

The applicant desires to carry, fire, or discharge any weapon, fireworks, or explosive of any kind.

(8)

The proposed activity includes the sale, distribution, consumption, and/or possession of alcoholic beverages as set forth in section 16-46, alcoholic beverages, and will be held in an indoor recreational facility. If such activity will be held outdoors in a department managed land, then a special event permit must be obtained under Chapter 28, City of Tampa Code.

(9)

The proposed activity includes the use of any entertainment equipment and/or amplified sound.

(10)

The applicant desires to provide for the sale, distribution, or sampling of materials, merchandise, food, and/or beverages to the general public. Distribution of materials, merchandise, food, and/or beverages to the general public in a designated outdoors space with an anticipated attendance of less than fifty (50) does not require a permit. A temporary and portable table may be utilized in conjunction with such activity.

(11)

The applicant desires to conduct a performance of any kind within or on any department managed land.

(c)

Approval or denial of rental application; revocation of rental authorization.

(1)

Review: The department shall have ten (10) business days to review a complete application and administratively approve or deny each such application.

(2)

Approval:

(a)

Basis: The department shall approve a facility rental application when all of the following conditions are met:

(i)

The desired recreation facility has not been reserved for another use at the time requested and will not conflict with planned programs organized and conducted by the city or other governmental agencies previously scheduled for the same time and place;

(ii)

The applicant has provided current government-issued photo identification, is at least eighteen (18) years of age, or twenty-one (21) years of age if alcohol is requested, and has fully and accurately completed an application for a facility rental.

(iii)

The applicant has paid all required fees and deposits as established by resolution of the city council for the proposed activity and has no outstanding balances with the city.

(iv)

The applicant is in full compliance with all applicable laws, ordinances, rules and regulations, permitting, and licensing requirements and has not demonstrated any previous violations from prior activities conducted on department managed land.

(v)

The applicant has obtained and provided proof of insurance from a company authorized to do business in Florida, with an A.M. Best rating of B+ VII or higher (or otherwise be acceptable to the city). All liability policies shall name City of Tampa as an additional insured as to the operations of the applicant, shall provide the Severability of Interest Provision, and the waiver of subrogation endorsement in favor of the city. The applicant shall provide proof of a commercial general liability insurance policy on the most current Insurance Services Office (ISO) form, (or its equivalent), with an amount of no less than one million dollars ($1,000,000.00) per occurrence and a two million dollar ($2,000,000.00) general aggregate covering bodily injury and property damage. The insurance coverage and limits required must be evidenced by a properly executed Accord 25 Certificate of Insurance form (or its equivalent). Thirty-days written notice must be given to the city of any cancellation or reduction in the policy coverage. The applicant's insurance coverage required herein is to be primary to any insurance carried by the city or any self-insurance program thereof. The city risk manager reserves the right to adjust insurance requirements based on the scope of service of the rental.

(vi)

Unless otherwise waived by the director or excused by department rules and regulations, the applicant has, at the applicant's sole cost and expense, arranged for security services as follows:

i.

The applicant shall provide to the department director or designee for the department director or designee's approval a security plan for security for the recreation facility if such proposed activity involves commercial activity and/or is open to the public and may reasonably be expected to draw twenty-five (25) persons or more to the recreation facility. For the purposes of this section, "security" shall consist of the number of off-duty (extra-duty) sworn law enforcement officers based upon projected attendees and participants. Each applicant shall first satisfy this requirement by arranging for security with Tampa Police Department off-duty (extra-duty) personnel. If Tampa Police Department personnel are not available, then the applicant may satisfy this requirement by arranging for security with off-duty (extra-duty) personnel from such law enforcement agencies having concurrent jurisdiction or having a mutual aid agreement with the city.

ii.

When the proposed activity is to be conducted for the sole purpose of constitutionally protected speech, expression, or assembly and does not involve any commercial activity, the applicant shall not be required to pay the expenses associated with security unless the same event has experienced two (2) or more arrests at a single event during the two (2) calendar years immediately preceding the application in the city or in any other jurisdiction.

(vii)

The proposed activity is not prohibited by City of Tampa Code or by the department rules and regulations and will occur in an area designated for such activity.

(viii)

The applicant has agreed to indemnify and hold the city harmless from liability and has agreed to assume all risks in the use of the recreation facility and shall be solely responsible for damages and all accidents and injury to any person or property.

(ix)

If the proposed activity includes commercial activity and/or is open to the public, the activity meets the criteria for a recreational activity and has been authorized in writing by the department director or designee.

(x)

If the proposed activity includes closing or blocking a designated trail or pathway, the applicant has secured any temporary closure permits required by Chapter 25 (Transportation) of the City of Tampa Code.

(b)

Notice: Upon approval of a facility rental application, the applicant shall be notified by U.S. first class mail, postage prepaid, by electronic mail, or by facsimile to the name, address, and/or phone number set forth on the application.

(3)

Denial:

(a)

Basis: The department may deny a facility rental application for the following reasons:

(i)

Failure to meet one or more of the conditions set forth in part (c) of this section;

(ii)

Material misrepresentation made by the applicant on the application or on any prior applications for recreational facility rentals;

(iii)

Prior use of a department managed land or recreational facility involving injury, violence, abuse, and/or arrests within the previous two (2) calendar years; or

(iv)

The applicant's intended use presents an unreasonable danger to the health, safety and welfare of the applicant, city staff, or the general public.

(b)

Notice: Upon denial of an application, the applicant shall be notified of such denial and the reasons therefor by U.S. first class mail, postage prepaid, by electronic mail, or by facsimile to the name, address, and/or phone number set forth on the application.

(c)

Appeal: The applicant may appeal the denial of an application by filing written notice with the respective department manager within five (5) business days after notification of such denial. The department manager shall consider the appeal and provide a written decision within five (5) business days. If the departmental decision is upheld by the department manager, the applicant may appeal the decision by filing a written notice with the director within five (5) business days after notification of such denial. The director shall consider the appeal and provide a written decision within five (5) business days. The director's decision shall be final.

(4)

Revocation: Park officials/personnel shall have the authority to revoke a facility rental authorization upon finding a violation of any of the provisions of this chapter, any department rule or regulation, any condition or requirement of an approved application, or upon finding that a material misrepresentation was made on the application.

(d)

Material misrepresentation. It is unlawful for any person to make a material misrepresentation with the intent to obtain a facility rental. Any applicant who has made a material misrepresentation will be subject to denial of the facility rental application or revocation of authorization for the rental and may be prohibited from obtaining facility rentals for a period of not less than two (2) years. Each misrepresentation shall constitute a separate offense.

(Ord. No. 2009-125, § 79, 8-20-09; Ord. No. 2014-86, § 7, 9-18-2014; Ord. No. 2017-46, § 1, 4-6-2017)