REGULATIONS FOR PUBLIC USE OF TOWN HALL

Adopted 2/12/90; as amended thru 11/13/95 and effective l/l/96

Amended 4/27/98 and effective 5/l/98, Amended 01/14/02 and

Effective 02/01/02

Public use of the Provincetown Town Hall Auditorium and other spaces in Provincetown Town Hall is subject to the following regulations:

1. Prior approval of the Authorizing Officer of the Town. The Authorizing Officer for the Town shall be the Town Manager or designee of the Town Manager.

2. Application for public use of Town Hall is to be made to the Department of Regulatory Management on the appropriate forms, which will be provided by the Town.

3. For‑ each permitted use, a single representative of the user will be designated as the responsible party. The responsible party shall be required to sign an assignment of responsibility form stating that they, or a responsible organization for which they are an authorized agent, will hold the Town harmless from any and all liability relating to the permitted use, and that they will defend the Town in connection therewith.

4. The responsible party or organization agrees to pay for the repair of any damage to the premises or its contents, or to pay for the replacement of any contents damaged, as a result of the permitted use.

5. Delegation of permission for use or any form of subletting is prohibited.

6. A designated Town Officer will have the authority and responsibility to oversee and regulate permitted uses. This Town Officer will be designated by the authorizing Officer and at a minimum must be on duty from one half hour before until one half hour after the permitted use.

a. For most uses, the Custodian in charge of the building will be designated as the Town Officer.

b. Under certain circumstances, a custodian from another Town building, a Police Department Officer, or other Town employee may be designated as the Town Officer.

7. The responsible party, once use has been permitted, will arrange to meet with the Custodian in charge to discuss specific access times and set‑up requirements. This meeting should take place no later than two weeks prior to the permitted use.‑‑ It is required that a custodian be on duty at all times access has been requested. Any additional charges for these custodial requirements will be assessed to the rental party. The responsible party will notify the Custodian in charge upon the beginning and ending of each rental period. If more than one person (but not more than two) is authorized to be responsible for access and security, their name, address and telephone number must be submitted in advance to the Authorizing Officer.

8. There shall be no alteration of the premises or contents (except as set forth in item #9) without prior approval by the Authorizing Officer.

9. Advertising, decorations, etc., if any, on the premises must be approved by the Authorizing Officer and, subject to local zoning by‑laws, licensing regulations and required permits.

10. Permission for use includes only the normal installed electrical and other facilities. Additional lighting or electrical equipment of any nature must be approved and inspected by the Wiring Inspector in advance of the event. Unusual loading of other types, or the use of additional equipment of any nature must be approved and inspected by the Inspector of Buildings and the custodian in charge.

Use of the elevator for transporting of equipment is allowed only under the direction of the Custodian in charge. Such use is allowed only when the elevator protection pads are in place. These pads must be installed by the Custodian in charge, and must be removed before the elevator is used to carry passengers attending the event.

Permitted use does not include the use of any Town sound equipment in whole or in part. Sound equipment must be secured by the rental party and inspected and approved by the Wiring Inspector prior to use.

No reserved parking is available with the rental of Town Hall due to handicapped accessibility. Special arrangements for the temporary parking of vehicles for unloading and loading must be arranged with the Custodian in charge. Under no circumstances can vehicles be parked behind Town Hall when the building is open to the public. handicapped accessibility to the elevator entrance, the handicapped parking and drop‑off areas must be maintained at all times when Town Hall is open to the public.

11. Access to the permitted space and limitations on the space permitted shall be as specified by the Authorizing Officer. In the case of the Town Hall Auditorium, normal access will be via the front (South) door of the Town Hall. Permission for use of the Auditorium does not include use of the West Lower spaces or the East back hall and stairway unless specifically approved.

12. In addition to the rental fee, a custodial charge shall be assessed in accordance with the current rate schedule for each day of permitted use. A custodian shall prepare the permitted space and shall clean the space after use. At the discretion of the Custodian in Charge, the presence of additional custodial staff and/or restroom attendants may be required during the permitted use, or if additional access time is required for delivery, set up or break down of equipment. Associated costs for this additional personnel would be at the expense of the rental party in accordance with the current rate schedule.

13. All public use of Town Hall Auditorium requires a special duty police detail. This detail must be scheduled the entire time the event is open to the public. Arrangements should be made directly with Police Headquarters and confirmed to the Custodian in charge. All details must be scheduled prior to approval of application for Town Hall use, with payment therefore to be made upon approval of rental in advance of the event. Payment for Police details is made directly to the Police Department, and is not covered by the rental charges.

If, in opinion of the Special Duty Police on duty and/or the Custodian in charge, special duty officers are needed in greater numbers than present at any given time, additional officers will be detailed at the expense of the rental party with no advance notice required.

14. Uses will not be permitted which interfere with the normal conduct of Town business or normal use of the premises concerned. If a permitted use, as it develops, so interferes, the users and appropriate Town Officials will mutually attempt to resolve the interference. Failing such resolution, the use permission will be suspended or revoked in favor of the Town's needs without the Town incurring any resultant liability.

15. Violation of any regulations or specific condition of permitted use may cause permission to be suspended or revoked and/or may be cause for refusal to grant permission for future uses.

16. Town Hall Auditorium is available for use seven (7) nights a week outside of the hours of operation of Town Hall, subject to availability of the auditorium, custodial staff, and special duty police officers. Interference with Town business is not permitted, and in the event of a conflict, Town business will prevail over permitted use with no resultant liability incurred by the Town.

Reservations and Cancellation:

Reservations require a deposit of $300 per reserved day/night. Deposits accompanied by a completed and signed application/assignment of responsibility form must be submitted to the Department of Regulatory Management at the time the reservation is made. Failure to pay deposit or balance amounts due within the required time period will result in automatic cancellation.

When application is approved /disapproved) by the Authorizing Officer, confirmation will be sent to the responsible party. Final payment is due thirty (30) days prior to permitted use.

Reservations are subject to a cancellation penalty of 50% of the deposit total. Reservations cancelled within sixty (60) days of the permitted use are subject to a cancellation penalty of 100% of the deposit total. Reservations cancelled from 30 ‑ 15 days of the permitted use are subject to a cancellation penalty of 75 % of the total payment, and reservations cancelled within 14 days of the permitted use are subject to a cancellation penalty of 100 % of the payment total.

17. The use of other Town Hall meeting rooms will not be permitted by any private group, organization, or individual. The only space available for permitted use is the Town Hall Auditorium.

18. All permitted uses of Town Hall Auditorium must be open to the public.

The Americans with Disabilities Act (A.D.A.) of 1990 (42 U.S.C. 1201 et seq.) prohibits discrimination against

disabled individuals in private and public employment, public accommodations, public transportation,

government services, and telecommunications. By contracting for the use of Town Hall facilities, the

responsible party assures the Town that it complies with the Americans with Disabilities Act and does not

discriminate against the disabled. The responsible party shall also include this requirement in agreements

entered into with any subcontractors associated with the permitted use.

19. All permitted users must provide a detailed agenda or description of the event or function to the Department of Regulatory Management at the time final payment is made. In the event of advance ticket sales, the location of ticket sales and the price of tickets must be included in this description, along with copies of advance advertising.

20. Non‑profit organizations requesting a waiver of rental fees must file a copy of their form 501 (c) (3) with the application for use. Non‑profit organizations enjoying a waiver of rental fee will be assessed a "utility fee" of $100 per rental day/night to help cover the costs of electricity and septic usage. Note that all non‑profit organizations must pay custodial charges that will be calculated based upon the type of use planned and the custodial hours required for the event. Not all non‑profit organizations will have rental fees waived. Each application for rental will be reviewed and assessed individually, with the rental/utility fees and custodial charges calculated and assessed accordingly at the discretion of the Authorizing Officer.

21. Under certain circumstances, such as anticipation of large crowds of attendees, use of special equipment, where the rental party is not incorporated, etc., a security deposit and/or special liability insurance may be required. This requirement of liability insurance and amount of security deposit shall be at the discretion of the Authorizing Officer.

22. Service of food of any kind requires a permit to be issued by the Board of Health. Such permits must be applied for directly with the Health Department. A copy of said Permit must be submitted to the Department of Regulatory Management at the time it is issued.

23. (Deleted)

24. The State Building Code and the Provincetown Inspector of Buildings have set The occupancy of the Town Hall Auditorium as follows: Auditorium Floor: 428 persons (420 seats and 8 wheelchair spaces); Balcony: 280 persons; total 708 persons. Under no circumstances can the total occupancy of the floor exceed 428 persons or block access to the wheelchair spaces, or can the balcony exceed 280 persons during the permitted use. Failure to adhere to this occupancy code will result in the interruption of the event in progress until the maximum occupancy level is maintained, or cancellation of the event in progress.

25. Approval of an application to use the Town Hall Auditorium does not relieve any applicant of its responsibility to obtain any other necessary licenses or permits, and does not constitute independent approval of any such licenses or permits. Applicants who intend to present theatrical exhibitions, public shows, public amusements, concerts, and exhibitions of every description are specifically reminded of their obligation to obtain such weekday or Sunday entertainment licenses as may be required under G. L. c. 140, Section 18 1, G. L. C. 136, Section 4, or other applicable law. The Provincetown Licensing Board requires that entertainment license applications be filed with that board 30 days prior to the proposed date, and that such applications specifically describe the entertainment to be provided and information about the applicant and/or promoter.

26. No licensed entertainment shall be permitted in Town Hall after Midnight.

Fees for Town Hall Use - Effective January 1, 1996

	Non‑Profit Organizations	Regular Rentals
Rental Fee	No Charge	$250
Utility Fee	$150	$0
Custodial Fee	$24/hour	$250
TOTAL FEE	$150 + $24/Hour	$500

Board of Selectmen Town of Provincetown4/27/98 amended January 14, 2002 (gnh)