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HomeMy WebLinkAboutNS-1617REL: adg 12/9/81 ORDINANCE NO. NS- 1617 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 2-554, 2-555, 2-556, 2-557 AND 2-558 TO THE SANTA ANA MUNICIPAL CODE, AMENDING SECTION 13-21 THEREOF, AND ADDING ARTICLE XI, CONSISTING OF SECTIONS 13-100 THROUGH 13-102, TO CHAPTER 13 THEREOF, ESTABLISHING LICENSING REQUIREMENTS FOR SPECIAL EVENT USE OF THE BOWERS MUSEUM AND A MUSEUM EXPANSION FUND THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 2-554, which said section reads as follows: Sec. 2-554. Use License Requirement (a) No person, group, firm, or association shall use the facilities of the Bowers Museum for any purpose other than the viewing of the grounds, buildings, displays and exhibits of the Bowers Museum during the hours in which the same are held open to the general public, nor for any commercial purpose, without a license issued by the Museum Director pursuant to this Division, nor contrary to the terms and conditions of such license. (b) Subsection (a) of this section shall not apply to events sponsored by the City of Santa Ana or to meetings held by the Museum, the Board of Trustees, or the Bowers Museum Foundation Board for the conduct of Museum- related business. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 2-555, which said section reads as follows: Sec. 2-555. Same - Application for license Ail applications for any use of the Bowers Museum facilities for which a license is required by Section 2-554 shall be submitted in writing on an application form provided by the Museum Director at least three (3) weeks prior to the requested date of use. The application shall contain a complete description of the proposed use and such other information as the Museum Director shall require. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 2-556, which said section reads as follows: Sec. 2-556. Same - standards for issuance Licenses required by section 2-554 may be issued for, and only for, the following types of uses: (1) Use for fund raising events, meetings, lectures, social events, and similar formal assemblages by organizations whose purpose for use of the museum facilities is non-profit, non-political, and non-religious, and is to promote community awareness or knowledge of, or interest or participation in, the arts, humanities, or sciences, or for meetings or social events by major donors to the Museum Expansion Fund established by sections 13-100 through 13-102 of the Santa Ana Municipal Code. ORDINANCE NO. NS- 1617 PAGE TWO (2) Uses which will promote the image or increase beneficial awareness of the Bowers Museum, provided that commercial motion picture or electronic video taping activities shall be subject to sections 10-2 through 10-5 of the Santa Aha Municipal Code. SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 2-557, which said section reads as follows: Sec. 2-557. Same - revocation The Museum Director may, by oral or written notice to the applicant, at any time before the time of use, revoke any license issued pursuant to this Division upon his finding that: (1) The applicant failed to fully and accurately describe the proposed use, or advertised the use in a manner different than the description given in the application, or failed to disclose relevant information, and that the use would not have been licensed if the description in the application had conformed to the use actually planned or advertised, or if the information had been disclosed. (2) The applicant, or any person proposing to use the Museum facilities pursuant to the application, fails to comply, or evidences an intention not to comply, with the regulations for use of the Bowers Museum issued pursuant to section 2-558 or with any requirement of law. In the event of revocation, all moneys, if any, paid or deposited by the applicant shall be refunded. SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 2-558, which said section reads as follows: Sec. 2-558. Regulations The City Council may, by resolution issue regulations governing uses of the Bowers Museum for which a license is required by this Division, including the following: (a) Guidelines consistent with Section 2-556 for the determination of organizations and uses eligible or ineligible for licensing. (b) Rules governing the conduct of activities on and in Museum grounds and facilities, including such matters as service of alcoholic beverages, use of photographic or sound equipment, and security requirements. (c) Provision for a refundable deposit designed to assure clean-up of Museum grounds and facilities. (d) Regulations for payment of a donation fee as a condition precedent to use of Museum Facilities pursuant to a license. Such regu- lations may differentiate between donation fee amounts required for various types of events, ORDINANCE NO. NS- 1617 PAGE THREE and may provide for waiver of fees in circum- stances where the Bowers Museum is specially benefitted by the event. Such regulations may also provide for an association of major donors contributing standard donation fees on a periodic basis, in return for specified privleges of use of the Bowers Museum facilities. All donation fees received pursuant to this section shall be deposited into the Museum Expansion Fund established by section 13-100 through 13-102 of the Santa Ana Municipal Code. SECTION 6: That the Santa Ana Municipal Code Section 13-21 is hereby amended to read as follows: Sec. 13-21. Deposit of moneys The Board of Trustees of the Bowers Museum may, from time to time, transfer to the fund for museum purposes all amounts derived from gifts, devises and bequests of money to the museum, except moneys to be deposited in the Museum Expansion Fund pursuant to section 13-101, and all proceeds received from the sale of items considered by the Bowers Museum Board of Trustees to be surplus to the collections of the museum. SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding an Article, to be numbered XI, to Chapter 13 thereof, which said Article consists of sections numbered 13-100 through 13-102, and reads as follows: ARTICLE XI. MUSEUM EXPANSION FUND Sec. 13-100. Creation of Museum Expansion Fund There is hereby created and established the Museum Expansion Fund. Sec. 13-101. Deposit of money Ail moneys received from donation fees collected pursuant to sections 2-554 through 2-558 of this Code and all moneys donated to the City expressly for the purpose of aiding the expansion of the Bowers Museum facilities or the long range financial operation of said facilities, and all interest accruing thereon, shall be deposited into the Museum Expansion Fund. Sec. 13-102. Expenditures of funds No expenditures from the Museum Expansion Fund shall be made except upon order of the Museum Director for refund of fees or deposits pursuant to sections 2-557 or 2-558 of this Code, or upon by order of the City Council of the City of Santa Ana for one of the following purposes: (1) Financial assistance to the expansion of the Bowers Museum facilities, including costs of land acquisition, building construction, landscaping, and furnishing. ORDINANCE NO. NS- 1617 PAGE FOUR (2) Contribution to endowment trust fund established for the purpose of building a principal amount through City and private sector contributions, such that interest alone on the investment thereof shall be sufficient to provide for ordinary operating expenses of the Bowers Museum. SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 18th day of January , 1982, by the following vote: AYES: NOES: COUNCILMEMBERS: Acosta, Bricken, Griset, Luxembourger, Markel, Serrato COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: McGui§an ATTEST: APPROVED AS TO FORM: MAYOR CITY ATTORNEY --