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HomeMy WebLinkAboutRule 04 - Rules Relating To The Ho`olulu Park Complex RULES AND REGULATIONSOF THE DEPARTMENT OF PARKS AND RECREATION OF THECOUNTY OF HAWAI‘I RULE 4 RULES RELATING TO THEHO‘OLULU PARK COMPLEX EFFECTIVE DATE: February 9, 2014 1 TABLE OF CONTENTS Section 1Definitions3 Section 2 Operations, Reservations and Special Use Permits7 Section 3 Rules Governing Lesseesof Ho‘olulu Complex Facilities9 Section 4 General Rules of the Ho‘olulu ComplexFacilities12 Section 5 Rules Specific to Individual Ho‘olulu Complex Facilities13 A.Rules Relating to ButlerBuildings13 B.Rules Relating to Use of the Francis F.C. Wong Stadium14 C.Rules Relating to Use of the Walter C.K. Victor Baseball Complex14 D.Rules Relating to Use of the Edith Kanaka‘ole Multi-Purpose Stadium15 E.Rules Relating to Use of Aunty Sally16 F.Rules Relating to Use of the Hilo Drag Strip16 G.Rules Relating to Use of the Outdoor Tennis Courts17 H.Rules Relating to Use of the Motocross Track17 I.Rules Relating to Use of the Afook-Chinen Civic Auditorium18 Section 6 Hoolulu Complex Fees and Charges19 A.FeeChart19 Section 7 Insurance Regulations20 Section 8Penalties21 Section 9Severability Clause21 Appendix A Basic Rules Regarding the Drag Strip23 2 RULES AND REGULATIONSOF THE DEPARTMENT OF PARKS AND RECREATION OF THECOUNTY OF HAWAI‘I RULE 4 -RULES RELATING TO THE HO‘OLULU PARK COMPLEX Section 1 Definitions Unless specifically defined hereafter, or unless the context in which specific words clearly indicate a contrary meaning, the following terms whenever used and referred to in this rule shall have the following meanings: A. “Attendant” shall mean County of Hawai‘i employees or independent contractors who are assigned to be present at Ho‘olulu Complex facilities to ensure that lessees are complying with all rules and regulations of the Ho‘olulu Complex. B. “Concession area” shall mean thedesignated location(s) where any and all commercial distribution is authorized to occur. C.“Complex Manager” shall meanthe employee designatedby the Director to manage the Ho‘olulu park complex. D.“Department” shall mean the County of Hawai‘i Department of Parks and Recreation. E.“Departmental Personnel” shall mean employees of the County of Hawai‘i Department of Parks and Recreation. F.“Designated Representative” shall mean anemployeeof the County of Hawai‘i Department of Parks and Recreation who isauthorized to represent the Director of the County of Hawai‘i Department of Parks and Recreation. G.“Director” shall mean the Director of the Department of Parks and Recreation, County of Hawai‘i. H. “Exclusive Use” shall mean having the sole right to the use of any part of the Ho‘olulu ParkComplex and/or the structures or improvements thereon, or parts thereof, on such date(s) and during that period of time as specified in an approved lease agreement. 3 I.“Ho‘olulu Park Complex” shall meanall of that county-owned and county- managed property, and structures and improvements contained thereon consisting of: 1.The property bounded by Manono Street on the west, Pi‘ilani Street on the south, Kuawa Street on the north, and Kalanikoa Street on the east and upon which the following facilities are situated: Afook- ua Butler Building, the Puna Butler Building, Francis F. C. Wong Stadium, Edith Kanaka‘ole Multi-Purpose Stadium, dressing rooms and outdoor courts, Walter C.K. Victor Baseball Complex, and Hale;and 2.The Hilo Drag Strip and the motocross track, located in the Pana’ewa Forest in the general area of the Hawai‘i County Landfill Trash Disposal site; and dirt track andgo-cart track. 3.Any other facilities built or properties acquired and administratively designated as part thereof by the Department of Parks and Recreation, County of Hawai‘i. J.“Lessee” shall meanany individual or entityhaving completed and signed a“HO‘OLULU COMPLEX APPLICATION and RENTAL AGREEMENT” form and obtained all necessary approvals, and/or a fully executed lease agreement, and has paid all the necessary fees and charges. K.“Non-exclusive Use” shall mean having the right of a lessee to utilize a designated part of the complex facilities and which right may be cancelled or modified at any time without prior notice by the Directoror the Director’s duly designated representative. L.“Parking Attendant” shall meanperson assigned by the lessee or Department of Parks and Recreation to control vehicular traffic and parking patterns within the Ho‘olulu Park Complex grounds. M.“Patrons” shall meanthose persons in attendance at any function or event by virtue of paid admission or admission authorized bythe lessee. N.“Permit” shall mean a HO‘OLULU COMPLEX APPLICATION & RENTAL AGREEMENT form for use of a facility or area withinthe Ho‘olulu Complex and made available by the Department of Parks and Recreation. O.“Person with Disabilities” shall mean,with respect to an individual, a physical or mental impairment which substantially limits one or more major life activities of such individual, a record of such an impairment or being regarded as having such an impairment. 4 P.“Practice Sessions orRehearsals” shall meanactivities not promoted for patron consumption but rather for the exclusive benefit of the participants to improve a skill-set or to acquire or maintain proficiency, such as sport training, drills and workout sessions, orband, drama,program, activity or performance rehearsals, etc. Parties, socials, luaus, etc. shall not be construed as practice sessions. Concessions and/or profit making activities shall not be available to patrons or otherwise in operation during practice sessions; if concessions or profit making activities are available, then the event shall not be considered a practice session and shall be paid for and permitted as a regular use of the facility. Q.“Premises” shall meanthe facility reserved and the immediate area in and around the facility such as buildings, parking lots, driveways, and other areas utilized by the lessee or patrons in attendance. R.“Preparation Time” shall meanthat period of time during which a facility is not available to the general public or other lessees and is used by a lessee for the purpose of decorating for, rehearsing for, or setting up for a program or activity. S.“Profit Making” shall mean the realizing of any financial benefit or income by any person, entity,or that of a lessee, its agents, employees, assigns or contractors as a result of the use or lease of the Ho‘olulu Complex facilities through such means as admission charges, the solicitation or collection of financial donations, the sale of any material goods or services whether for present or future delivery, etc. For purposes of this definition only, the operation of a “concession” as hereinafter defined, shall not be considered as profit making. T. “Public Use” shall mean the right of any individual to utilize a public facility when not reserved for exclusive use. U. “Season” shall refer to aschedule of athletic contests hosted by one athletic organization or team consisting of five (5) or more games extending beyond any seven (7) day period and which are to be played within and limited to a four (4) consecutive month period and not to extend beyond 10:00p.m.each day. V. “Security Guards” shall mean employees of agencies licensed by the Board of Private Detectives and Guards, Department of Commerce and Consumer Affairs, State of Hawai’iwho are directly assigned to perform security guard functions. W.“Service Animal” shall be defined by the current Americans with Disabilities Act, TitleII and Title III rules. 5 X. “Special Events” shall mean activities held at a facility not specifically designed to accommodate such an event and not held on a regular daily, weekly, or monthly basis, such as a County Fair, Trade Fair, etc. Y.Sponsor Classifications: 1.“Eleemosynary Organization” shall mean and include a non-profit service organization whose bylaws, articles, constitution, or charter indicate that the primary objectives of such organization are charitable purposes or community services, and financial proceeds from the organization’s activity are to be utilized for such purposes or services. Examples of eleemosynary organizations include recognized nationally or internationally affiliated community service or charitable organizations. 2.“Others” shall mean all individuals, clubs, and organizations other than schools, the County of Hawai‘i, eleemosynary organizations, and professional promoters. 3.“Professional Promoters” shall mean entities such as individuals, associations, clubs, joint ventures, trusts, partnerships, corporations, etc. who: (1) operate businesses directed at promoting, conducting, or sponsoring activities or events for a fee, or (2) who realize a financial benefit from the promotion, conduct or sponsorship of such activities, or (3) where such financial benefit is aprincipal source of personal or business revenue, or (4) where such monies realized are or may be used substantially for personal or private purposes as opposed to public or charitable purposes. 4. “School” shall mean any public, private, or charter elementary, secondary, or high school, junior college, college, or university. Z.“Tournament” shall refer to a complete schedule of athletic contests consisting of three (3) or more games to be conducted within and limited to a single periodof one (1) to seven (7) consecutive days. AA.“Vendor” shall mean and include all persons and organizations permitted or invited by a sponsor to sell goods, products, or services at a function or activity conducted or supported by the sponsor at facilities or property of the County of Hawai‘i. 6 Section 2Operations, Reservations and Special Use Permits A. The facilities, improvements and grounds situated in the Ho‘olulu Park Complex shall be made available for use any individual or entity by rental agreement or lease provided such use is consistent with the Hawai‘i County Codeand all rules and regulations as hereinafter provided. The facilities shall be venues that are accessible to people with disabilities. B. The Directorof Parks and Recreation, Complex Manager ortheir duly designated representatives shall be empowered to interpret and enforce all rules and regulations as are hereinafter provided and to adopt emergency rules in accordance with Hawai‘i Revised Statutes §91-3 as are found to be necessary to protect the health, safety, and welfare of the public and County government as well as to prevent the destruction of the properties and grounds. C.Sponsors of events shall obtain a special use permit for all activities which require the use of Ho‘olulu Complex properties for purposes inconsistent with the County’s intended use of such properties and/or for which no fees have been established in Section 6 of these rules. Such special permits shall specify all the terms, conditions and special use charges upon which the permit is to be granted. Special use charges shall be established by the Director who shall consider the following in establishing such charges: 1. The profitability to the lessee as a result of the special use of the properties 2.The estimated costs to the County to restore the properties to their pre-use condition 3.The non-availability for general public use resulting from the lessee’s exclusive special use of the properties 4. The anticipated damages to the properties resulting from the special use 5.The adverse impact the special use may have upon other lessees of other complex properties or facilities. D.Except as otherwise expressly provided herein or with the express approval of the Director orComplex Manager, all activities at the Ho‘olulu Complex shall close and all buildings and grounds vacated by 11:00p.m. each day. E.Reservations shall be taken only from responsible adults or responsible representatives of the applying entity. 7 F.Reservations shall be accepted only upon the approval of the Director, Complex Manager or their duly designated representative. G.Applicants must submit for approval a signed permit and/or lease agreement. The approval of these documents by the Director, Complex Manageror their duly designated representativeand the Department’s receipt of a full cash deposit as per Section 6 Aof these rulesand the applicant’s insurance policy in compliance with Section7 of these rules shall confirm the reservation date(s). All reservations not so submitted and approved shall be consideredto be incomplete and will be denied atno cost to or obligation of the County. All other fees and charges, including any applicable repair costs,clean-up fee or after-hour fee,shall be due and payable within fourteen (14) days following the scheduled event, unless the Director grants an extension. H.Deposits applied and receipted for any reservation application or permit shall be considered forfeited and will not be refunded unless cancellation is made more than twenty-one (21) days prior to the originally scheduled date of use indicated on the permit or lease.Rescheduling of a use shall not modify the effective date of the refund timeframe. I.Applicants shall pay the full rental fee to the Department of Parks and Recreation at least three (3) months beforetheir reservation date.Failure to provide full and timely payment shall result in the cancellation of the applicant’s reservation(s). J.The Director reserves the right to cancel any event without prior notice during or prior to its commencement upon the finding of any breach of the terms and condition of the permit or lease associated with an event or any violation of these rules and regulations. The lessee shall not be awarded any damages or refunded any fees should such occur. K. The Director, Complex Manager or their duly designated representative shall deny reservations when in theiropinion such denial is in the best interest of the health, safety, and welfare of the Department, the County of Hawai‘i and/or the general public or when the proposed use poses an inordinate risk to the facilities and improvements comprisingthe Ho‘olulu Complex. L.Except as hereinafter provided, department personnel shall periodically inspect and regulate the preparation, clean-up, and actual operation of each event. M.The Director or the Director’s duly designated representativemay enter and inspect all areas under use by the lessee to ensure compliance with 8 all rules and regulations. The lessee may be present during such inspections. Section 3Rules GoverningLessees of Ho‘olulu Complex Facilities A.The lessee shall be required to fully execute a permit and/or written lease agreement covering thelength of time the lessee has use of any facility, grounds or equipment. The permit and/or lease shall include the requirements to be fulfilled by the lessee before, during,and after the scheduled event. B.The lessee shall not sublet or sublease anyarea or facility, or portion(s) thereof,to any other person orentity without the express, written consent of the Director or the Director’s duly designated representative. C.The total capacity of spectators for each of the facilities shall be strictly adhered to. The lessee shall be responsible for enforcing and controlling house capacity limitations as stated in these rules. The house capacity figures are based on the assumption that all marked seating is occupied in such a manner that each patron utilizes an average seating span of eighteen inches (18”). If it is deemed by the Director or the Director’s duly designated representative that patrons are not occupying seats in such a manner, the Director,the Director’s duly designated representative, or the Fire Marshall shall have the authority to establish a lesser capacity for each facility regardless of the above capacity limitations and order the barring of any further admission into the facilities. The Fire Marshall, the Director, or the Director’sdulydesignated representative may increase the capacity limitations as allowed by the Hawai‘i County Building Code. D.The lessee shall provide a sufficient number of ushers as determined by the Director.Themaximumcapacity of occupants for each of the facilities shall be strictly adhered to. The lessee shall be responsible for enforcing and controlling house capacity limitations as stated in these rules. The house capacity figures are based on the assumption that all marked seating is occupied in such a manner that each patron utilizes an average seating span of Complex Manager or duly designated representative to control the seating of patrons and manage all clearances at exits and exit corridors. E.The lessee shall observe all Fire Code requirements and regulations as applicable to the facility and its use as administered and enforced by the Hawai‘i County Fire Department.The lessee, in conjunction with its use of the facility and grounds, shall be solely responsible to coordinate all necessary reviews and inspections, as well as facilitate necessary approvals, of the Hawai‘i County Fire Department. 9 F.The lessee shall not allow patrons to carry into any facility or to possess articles made of glass or other objects which may conceivably be used as a missile capable of inflicting serious bodily injury to others. This includes, but is not limited to, bottled or canned beverages, sealable containers, rocks, produce, etc. that is inconsistent with the normal use or function of a facility or performance, as determined by the Director, Complex Manager ortheirduly designated representative. G.As may be required , the lessee shall, at its sole cost, provide[security for the protection of the facilities and patronsby hiring either off-duty Hawai‘i County Police Officers and/or security guards. The lessee shall submit written evidence confirming the hiring of the required number of security personnel fourteen (14) days prior to the scheduled event. The minimum number of off-duty Hawai‘i County Police Officers and/or security personnel required for any occasion shall be determined by the Director, Complex Manager, or [his]their duly designated representative. H.Security personnel such as police officers or security guards shall be responsible for maintaining order, enforcing all rules and regulations affecting the use of the Ho‘olulu Park Complex facilities and its grounds as well as other laws of the Countyand State of Hawai‘i. Such personnel shall be under the supervision and control of the lessee. The lessee shall be responsible toensure that all security personnel are familiar with and have knowledge of all rules and regulations contained herein. I.The lessee shall provide for ticket sellers, ticket collectors, exit controllers, and other personnel as may be required for the safe and peaceful undertaking of the scheduled event. J.The lessee shall not have radio or television broadcasts, movies, films, recordings, or video tapes made of any performance or event in the facilities leased unless specific permission is granted by the Director or the Director’sduly designated representative. A charge of not more than ten percent (10%) of all consideration received by the lessee for radio and television broadcasts, movies, recordings, video tapes, films, or residual rights resulting from the use of the Ho‘olulu Park [c]Complex or grounds, shall be levied, unless waived by the Director or the Director’s duly designated representative. K.The Director or the Director’s duly designated representative shall require the lessee to show evidence of liability, medicaland property damage insurance in accordance with specifications set forth in Section 7 of these rules. Amount of liability insurance required will depend on the type of event scheduled and subject to interpretation and application of the Director or the Director’s duly designated representative. 10 L.In addition to the cash deposit specified in Section 6 A of these rules, the Director or the Director’s duly designated representativemay, at his/her discretion, require the lessee to post a supplementary cash deposit equal to the estimated costs that may be accrued by the County by allowing the scheduled event. Such cash deposits may be defaulted for failure to restore the facility to its pre-use condition; for cancellation of an event within twenty-one (21) days prior to the event; and for damages incurred to the facilities during the period ofuse by the lessee. M.All construction, decorating, placement, setting up, dismantling, and removal of all equipment and appurtenances shall be the responsibility of the lessee and shall require prior approval of the Director or the Director’s duly designated representative. The lessee shall specify, in writing, any temporary alterations, modifications and/or enhancementsto be done to the facilities and grounds concurrent with its reservation request. The lessee shall be solely responsible to obtain building, plumbing or electrical permits and effect their inspections and approvals as required by the DepartmentofPublic Works. N.The lessee shall not deny free and immediate access to any facility or ground to the Director, Complex Manager, their duly designated representative, officers of the Hawai‘i County Police Department, personnel of the Hawai‘i County Fire Department, or inspectors from the Department of Public Works for purposes of official inspections. O.Where a lessee has leased a facility for consecutive days, lessee shall provide all manpower to maintain the facility in a condition suitable for the event scheduled such as dust mopping floors between games, mopping areas where food or beverageshave been spilled, liming and leveling of field playing areas, etc. P.The lessee shall inspect the premises prior to use and shall report to the Complex Manager any and all hazardous conditions observed. The lessee’s use following said inspection shall serve as acknowledgment that the facilities were free of hazardous conditions prior to use by the lessee. Q.Protective floor covering assigned to the facility to be utilized shall be made available to the lessee at no cost. A fee shall be charged for installation. Protective floor covering shall be required for those functions designated by the Director, Complex Manageror their duly designated representative. R.All concessions and concession operators shall abide by rules established by the State of Hawai‘i, Department of Health, for the preparation, storage, handling, serving and disposal of food and beverages. 11 S.The Director or the Director’s duly designated representative reserves the right to ban the sale of any foodstuff or other articles considered to be detrimental to the health, safety, and welfare of patrons or which may contribute to unsanitary conditions of the complex facilities and premises. The Director, Complex Managerand/or their duly designated representative shall be notified of all foodstuffs to be sold atconcessions two (2) weeks prior to any sale thereof. T.Fees and charges for the use of Ho‘olulu Complex facilities shall be as defined in Section 6 herein. 1.When applying for a facility permit, every lessee shall provide to the Department ofParks and Recreation a complete listing of all vendors authorized by the lessee to sell goods, products, or services. A concession fee shallbe charged all lessees that allow an outside vendor to operate at the facility’s designated concession area. The lessee shall not receive a credit or other discount due to no-shows or vendors who don’t participate in the lessee’s event.All lessees who invite or permit vendors to conduct sales of goods, products, or services at activities, events, or functions conducted by the sponsor must collect all applicable vendor and/or concession fees and process permit applications from any vendor required to receive from the Director, a permit to sell goods, products, or services at the activity, event or function conducted by the sponsor and to tender the required fee. 2.All lessees of Department facilities are responsible for ensuring their use complies with the current Americans with Disabilities Act. Section 4General Rules of the Ho‘olulu Complex Facilities A.All persons shall observe and comply with posted signs as well as instructions given by the Director, Complex Managerortheir duly designated representative(s). B.Except as otherwise provided by law, no animals, except for service animals or those animals directly involved with a scheduled event, shall be permitted in or on anyfacility or grounds without the expressed written consent of the Director, Complex Manager or their duly designated representative. Notwithstanding any other penalties permitted by law, all damages caused by such animal shall be paid for by the lessee and/or the owner or custodian of such animal. C.Parking shall be allowed only in marked stalls at paved areas and in designated unpaved areas only. Parking shall be prohibited within a twenty foot (20’) perimeter of the Afook-Chinen Civic Auditorium except for 12 Ho‘olulu Complex staff and County vehicles parked in areasmarked “Civic Staff Parking Only.” Vehicles shall not be driven into or parked within facilities or other non-designated areas except with prior approval of the Director, Complex Manager or their duly designated representative. D.The lessee shall be required to clean all facilities, surrounding premises and grounds associated with its permit and/or lease and restore such to pre-use condition or better prior to the end of each day’s use. At minimum, floors shall be sweptand moped; chairs, benches and tables wiped down; visible trash removed from the site or placed in appropriate receptacles; all decorations, signage, banners, balloons, tape/fasteners, etc. removed; sinks, counters, kitchen equipment, etc. cleaned of grease and sanitized; etc. E.The lessee shall maintain all accessible routes and features of the facilities in clear, accessible and usable condition and ensure all such elements are available for unimpeded, unrestricted use by persons with disabilities without having to employ or follow any special procedures, requests or actions. The lessee is solely responsible to setup, operate and manage its event in a manner that is compliant with all applicable disabilities rights laws. F.The Director, Complex Manager or their duly designated representative may require, at the lessee’s sole expense, the placement of portable restroom facilities and hand wash stations to accommodate special events or events that high attendance is foreseeable. The lessee shall provide the quantity and type of such temporary facilities in locations as determined by the Director, Complex Manager or their duly designated representative. G.The lessee shall understand that the Ho‘olulu Complex comprises numerous facilities where multiple concurrent events will occur and, while the Department will work to minimize conflicting uses, it cannot ensure that one use may not impact another. In such cases, the lessee shall not be aggrieved or harmed to the point where fees shall automatically be refunded or damages assessed to the County. Section 5 Rules Specific to Individual Ho‘olulu Complex Facilities A.Rules Relating to Butler Buildings 1.The Director, Complex Manager,or their duly designated representative shall review and, when appropriate, approve all requested usesof the Butler Buildings and in addition to the following may impose conditions for such use. 13 2.The lessee shall utilize the Butler Buildings “as is”. The lessee shall be responsible for obtaining all equipment through lessee’s own efforts. B.Rules Relating to Use of the Francis F.C. Wong Stadium 1.All organizations desiring facilities to conduct non-exclusive use practice sessions must obtain approval from the Director, Complex Manager or their duly designated representative] prior to use. All requests for practice sessions must be processed through an “Application for Use of County Facilities” form. 2.Non-exclusive use practice sessions for all participating teams or organizations shall be distributed equally on the basis of available time divided bythe number of teams or groups seeking practice sessions. Teams utilizing these facilities for scheduled games of the sport in season shall have priority with regard to available times. 3.The use of the field lights for night activities shall be made available at a cost based on the length of time the lights are in operation. The switches for the field lights shall be operated by the Complex Manager or Department personnel only. Computation for the length of time the lights are in use shall be rounded up to the nearest one- fourth (1/4) hour. The Complex Manager shall assign adesignated representativeto regulate use of the lights whoshall determine and record the length of time the lights are in use during the scheduled event for the purposes of assessing charges to the lessee. 4.Spectator seating at Francis F.C. Wong Stadiumshall be limited as follows: Francis F.C. Wong Stadium’s grandstand 2,400 persons Note: This figure isbased on calculations derived from available bench seating linear footage and usable floor area; the Department does not guarantee these seating capacities are attainable due to exiting requirements, Fire Code regulations, other governing requirements, orin the event that there are damages at the facility that are not readily addressable. C. Rules relating to Use of the Walter C.K. Victor Baseball Complex 1. All organizations desiring facilities to conduct non-exclusive use practice sessions mustobtain approval from the Director, Complex Manager or their duly designated representative prior to use. All 14 requests for practice sessions must be processed through an “Application for Use of County Facilities” form. 2.Non-exclusive use practice sessions for all participating teams or organizations shall be distributed equally on the basis of available time divided by the number of teams or groups seeking practice sessions. Teams utilizing these facilities for scheduled games of the sport in seasonshall have priority with regard to available times. 3.The facility shall open at 7:00a.m.and close at 8:00 p.m.Lessees shall clean and vacate the facility by 8:00p.m. 4.Spectator seating at the Walter C.K. Victor Baseball Complex shall be limited as follows: Walter Victor grandstand 200 persons Note: This figure is based on calculations derived from available bench seating linear footage and usable floor area; the Department does not guarantee these seating capacities are attainable due to exiting requirements, Fire Code regulations, other governing requirements, or in the event that there are damages at the facility that are not readily addressable. D.Rules Relating to Use of the Edith Kanaka‘ole Multi-Purpose Stadium 1.All users or lessees for tennis activities shall abide by all posted rules for use of County tennis courts as well as the rules herein. 2.The Edith Kanaka‘ole Multi-Purpose Stadium may be utilized for activities other than tennis with the expressed consent of the Director, Complex Manageror their duly designated representative. 3.The Director shall establish the hours for public use and exclusive use of the Edith Kanaka‘oleMulti-PurposeStadium as well as its staffing requirements based on public demand, staff availability, availability of other facilities, and the interests of the County. 4.Spectator seating shall be limited as follows: Existing bleachers only (no main floor seating)3,490 persons 15 Existing bleachers with main floor seating5,490 persons Note: These figures are based on calculations derived from available bench seating linear footage and usable floor area; the department does not guarantee these seating capacities are attainable due to exiting requirements, Fire Code regulations, other governing requirements, or in the event that there are damages at the facility that are not readily addressable. 5.Lessee shall be responsible for clean-up of facility after each day of use. E.Rules Relating to Use of Aunty Sally 1.The lessee shall be responsible for setting up, cleaning, dismantling, and storing of all tables, chairs, stages, and other appurtenances. 2.The lessee shall be responsible for the clean-up of the facility. Clean-up of the facility shall begin no later than 10:00 p.m.on the date(s) of use(s). Each lessee shall restore the facility to its pre-use condition. The facility shall be vacated no later than 11:00 p.m. 3.be limited as follows: Standing room only (no tables or chairs) 714 persons Utilizing tables and/or chairs 500 persons Note: These figures are based on calculations derived from usable floor area; the department does not guarantee these capacities are attainable due to exiting requirements, Fire Code regulations, other governing requirements, or in the event that there are damages at the facility that are not readily addressable. F.Rules Relating to Use of the Hilo Drag Strip 1. The drag strip shall be used only for auto-related types of activities, unless expressly approved for another use by the Director or the Director’s duly designated representative. 2. All auto-racing or practicesession activities shall be conducted in accordance with the standards of a nationally recognized racing 16 organization meeting the Director’s approval such as, but not limited to, the National Hot Rod Association, the International Hot Rod Association,or the Sports Car Club of America. The Director or the Director’s dulydesignated representative may hire, at the sole expense of the lessee, people who are experienced in inspecting and enforcing safety standards. 3. Starting and timing equipment for drag racing shall be set up and operated by a representative of the lessee who has been cleared for operational efficiency by the departmental staff. The Director or the Director’s duly designated representative may hire, at the lessee’s sole expense, persons with proven competence in operating said equipment. 4.All participants of drag racing and other auto-related activities shall be cleared for operational competence by the lessee or other qualified designated representatives of the lessee. 5.All vehicles to be used for auto-related activities shall be inspected and approved for participation by the lessee or other qualified designated representatives. G.Rules Relating to Use of the Outdoor Tennis Courts 1.Reservations shall be accepted only for non-profit-making tennis tournaments which are open to the general public, interscholastic tennis matches, school and County of Hawai‘isponsored instructional sessions approved by theDirector, Complex Manager, or their duly designated representative. The Department reserves the right to limit the number of courts for which reservations will be permitted. 2.Except for State of Hawai‘i and County-sponsored instructional classes, the outdoor courts shall not be used to conduct tennis lessons for which a fee, favor or donation is exacted in exchange for the lesson regardless if such transaction takes place outside the Ho‘olulu Complex. H.Rules Relating to Use of the Motocross Track 1.The motocross track shall be used only for motorcycle, ATV or bicycle related activities. 2.All motorcycle, ATV or bicycle related activities shall be conducted in accordance with standards set by a nationally recognized sanctioning organization appropriate to the sport being conducted. The Director, Complex Manager or their duly designated 17 representative may hire, at the sole expense of the lessee, people who are experienced in inspecting and enforcing safety standards. 3. All participants shall be cleared for operational competence by the lessee or other qualified representatives. 4. All motorcycles or bicycles shall be inspected and approved for participation by the lessee or other qualified representatives. I.Rules Relating to Use of the Afook-Chinen Civic Auditorium 1.Spectator seating at the facility shall be limited as follows: Existing bleachers only (no main floor seating)2,868 persons Existing bleachers with main floor seating 3,568 persons Note: These figures are based on calculations derived from available bench seating linear footage and usable floor area; the department does not guarantee these seating capacities are attainable due to exiting requirements, Fire Code regulations, other governing requirements, or in the event that there are damages at the facility that are not readily addressable. 18 Section 6 Ho‘olulu Complex Fees & Charges A.Fee Chart HOOLULU COMPLEX FEES & CHARGES & Profit Making Other Charges: Non-Profit FEES: Non-ProfitFEES: For Profit Prac. & After Schools &Schools &ProfessionalReh. PrepHourConces.VendorCash FacilityEleemosynary OrgOthersEleemosynary OrgPromotersOthersClean-UpLightsAtt. FeeFeesFeesDeposit Wong Stadium: For: Soccer$350/season $500/season$500/season$3,000/season$1,000/season $20/hr$50/hr$25/hr$25/day$30/day/$400 $75/ day$100/day$100/day $600/day $250/dayafter 7 pmvendor For: Football$350/season $500/season$500/season$3,000/season $1,000/season $20/hr$50/hr$25/hr$25/day$30/day/$400 $75/day$100/day$100/day $600/day$250/dayafter 7 pmvendor For: Softball & Mtnball$350/season $500/season $500/season$3,000/season$1,000/season$20/hr$50/hr$25/hr$25/day$30/day/$400 $75/day$100/day $100/day$600/day$250/dayafter 7 pmvendor For: Baseball$350/season $500/season $500/season$3,000/season $1,000/season$20/hr$50/hr$25/hr$25/day$30/day/$400 $75/day$100/day$100/day $600/day$250/dayafter 7 pmvendor For: Activities other than $100/day $150/day $150/day $700/day$700/day$20/hr$50/hr$25/hr$25/day$30/day/$400 those listedafter 7 pmvendor Walter Victor Complex: For: Softball & Baseball$150/season/field$250/season/field$250/season/field$500/season/field$300/season/fieldN/C$25/day$30/day/$400 $25/day/field$35/day/field$50/day/field$100/day/field$75/day/fieldvendor Aunty Sally's Luau Hale: $200/day$250/day$250/day$1,000/day$400/day$20/hr$25/hr$25/day$30/day/$400 vendor Kanakaole Stadium: For: Tennis$6/hr per court til 4 pm$6/hr per court til 4 pm$6/hr per court til 4 pm$1,000/day$6/hr per court til 4 pm$6/hr per court til 4 pm$25/hr$25/day$30/day/$400 $8/hr per court after 4$8/hr per court after 4$8/hr per court after 4$8/hr per court after 4$8/hr per court after 4vendor For: Other than Tennis:$250/day $350/day$350/day$1,000/day $450/day$20/hr$25/hr$25/day$30/day/$400 vendor Outdoor Tennis Courts: For: Tournaments$25/day$25/day$25/day$300/day$25/day$25/hr$25/day$30/day/$400 vendor Butler Building: $100/day$150/day$100/day$500/day$250/day$20/hr$25/hr$25/day$30/day/$400 vendor Afook-Chinen Civic: $250/day$350/day$300/day$1,000/day$400/day$20/hr$25/hr$25/day$30/day/$400 vendor Dragstrip/Motocross track: $50/day$75/day$75/day$300/day$100/day$75/day$25/hr$25/day$30/day/$400 vendor B.Rental rates apply for use during the hours of 8:00 a.m.-11:00 p.m. After hours charges shall apply for use after 11:00 p.m.each day. C.Afook-Chinen Civic Auditorium Spotlights charge: twenty-five dollars ($25)/day each. D.Installation, removal, and taping of protective floor covering charges: 19 1.Edith Kanaka‘oleMulti-PurposeStadium six hundred fifty dollars ($650) 2.Afook-ChinenCivic Auditoriumfive hundred dollars ($500) E.A refundable deposit of two hundred fifty dollars ($250)shall be charged for all keys loaned to any lessee. Keys shall not be duplicated. F.Edith Kanaka‘ole Tennis Stadium dressing room charge: twenty-five dollars ($25)per room. G.A concession fee shall be charged all lessees that allow a vendor to operate at the facility’s designated concession area. Section 7 Insurance Regulations A.LESSEE shall be required to file with the COUNTY OF HAWAI‘I, upon submittal of an application for use of the Ho‘olulu Complex facility, a copy of a policy of public liability, property damage and medicalinsurance. Lessee’s policy shall be primary to any other insurance covering County of Hawai‘i property. Lessee shall provide the Department of Parks and Recreation with written notice of any policy change at least thirty (30) days before the change takes effect and also direct its insurance carrier to provide the Department of Parks and Recreation with written notice of any policy change. The following are those forms of usage which will require coverage: 1.Carnivals and Fairs with rides; automobile, motorcycle or other motor driven vehicle races: One million dollars ($1,000,000)liability each occurrence, twentythousand dollars ($20,000) property damageand five thousand dollars ($5,000) medical coverage 2.Concerts, Festivals, Ho‘olaule‘a, fairs without rides, BMX races: Three hundred thousand dollars ($300,000)liability each occurrence,twenty thousand dollars ($20,000) property damage and five thousand dollars ($5,000) medical coverage 3.If alcoholic beverages are served during any event open to the public: One million dollars ($1,000,000)liability each occurrence, twenty thousand dollars ($20,000)property damageand five thousand dollars ($5,000) medical coverage 20 4.If both the Afook-Chinen Civic Auditorium and the Edith Kanaka‘ole Multi-Purpose Stadium are used for the same eventor activity: One million dollars ($1,000,000)liability each occurrence, onehundred thousand dollars ($100,000)property damage and five thousand dollars ($5,000) medical coverage B.The County of Hawai‘i must be named as an additional insured. 1.Maximum of fifty dollars ($50.00) deductible per claim clause permitted. 2.Provides coverage for “all operations of the insured conducted on County property” and contains a description of the work performed by the insured. (This may require policies covering premises occupied, products sold, amusement liability, or automobiles used.) 3.Said policy shall contain a cancellation clause reading in substance as the following approved form: “It is agreed that this policy shall not be cancelled nor the amounts of coverage provided herein reduced until thirty (30) days after the Department of Parks and Recreation shall have received written notice of such cancellation or reduction.” 4.No policy shall be acceptable unless first approved bythe Director, Complex Manager or their duly designated representative. C.All policies, certificates, and endorsements shall be sent to: the Department of Parks and Recreation, County of Hawai‘i, 799 Pi‘ilaniStreet, Hilo, Hawai‘i, 96720 and 101 Pauahi Street, Suite 6, Hilo, Hawai‘i, 96720 Attention: Director Section 8 Penalties A.Violations of these rules shall be subject to the penalties as provided in Section 2-60(b) of the Hawai‘i County Code. Section 9SeverabilityClause A.If any provision of these rules and regulations contained herein or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the rules and regulations which can be given effectwithout the invalid provision or 21 application, and to this end the provisions of this ordinance are declared to be severable. 22 Appendix A DEPARTMENT OF PARKS AND RECREATION COUNTY OF HAWAI‘I BASIC RULES REGARDING THE HILO DRAG STRIP 1.The drag strip shall be used only for auto-related types of activities, unless expressly approved for another use by the Director. 2.All activities shall be conducted in accordance with safety standards of the nationally sanctioned organizations. The Director or the Director’s duly designated representative may hire, at the expense of the lessee, people who are certified in inspecting and enforcing safety standards. 3.The lessee shall be responsible for setting up all equipment necessary for their activity and shall also be responsible for the operation of such equipment. All representatives of the lessee shall be cleared for operational efficiency by the departmental staff. The Director or the Director’s duly designatedrepresentative may hire, at the lessee’s expense, persons certified in operating said equipment. 4.All participants of drag racing and other auto-related activities shall be cleared for operational competence by the lessee or other certified designated representatives of the lessee. 5.All vehicles to be used for auto-related activities shall be inspected and approved for participation by the lessee or other certified designated representatives. 6.Lessee shall be required to file with the Department, upon approval of the application for use of the Hilo Drag Strip, a copy of a policy of public liability and property damage insurance. The County of Hawai‘i must be named as an additional insured. 7.Lessee shall be required to comply with A.D.A requirements for all activities. 8.Lessee shall be required to acquire any permits needed for their activity, including building permits for any temporary structures (including tents and tarps), erected on County of Hawai‘iproperty and to comply with all fire code regulations. 9.Lessee shall be responsible for the clean-up of facility and grounds after each day of use. 10.Lessee shall be responsible for any damages to the facilities and grounds during their activity. Charges will be assessed for any materials and labor costs needed for repairs or replacements. 11.The Department shall have the right to ban any food and/or activity that may be detrimental to the health and safety of the public or may contribute to unsanitary conditions at the facility. 12.No alcoholic beverages allowed. All non-alcoholic drinks must be in paper/plastic cups or cans. Absolutely no bottles. 13.Lessee shall be responsible to secure facilities after use and premises must be vacated by 11:00 p.m. 14.Failure to comply with any of the above rules will result in forfeiture of security deposit. 23 CERTIFICATION I, Clayton S. Honma, Director of the Department of Parks and Recreation of the County of Hawaii, State of Hawaii, do hereby certify: 1. That the foregoing is a full, true and correct copy of the amendments to the Rules and Regulations of the Department of Parks and Recreation on matters relating to the Ho`olulu Park Complex which were adopted on December 31, 2013, after public hearings were held in Hilo and Kona on December 13, 2013. 2. That notice of the public hearings on the foregoing rule, which included a statement of the substance of the proposed rule, was published in both the Hawaii Tribune -Herald and the West Hawaii Today on November 10, 2013. Dated this 3rd day of January 2014. CLAYTON S. ONMA, Director Department of Parks and Recreation County of Hawaii APPROVED: WILLIAM P. KENOI Mayor County of Hawaii APPROVED S TO FORM AND LEGALITY: Deputy Cor ration Counsel County of Hawaii I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk this 20U_ day of JanuarT 2014. Coun Clerk County of Hawaii 24