Last Modified on 05/07/2009 09:05:49Chapter 10A CONVENTION CENTERS AND THEATERS*
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Editor's note: Ord. No. G-4675, § 1, adopted February 16, 2005, effective March 18. 2005, repealed Ch. 10A in its entirety, with the exception of Section 10A-5. Section 2 (Attachment A) of said ordinance adopted a new Ch. 10A to read as herein set out. Formerly said chapter pertained to Civic Plaza and derived from Ord. No. G-3066 and Ord. No. G-3161.
Subsequently, Ord. No. F-4872, §§ 4-13, adopted Mar. 7, 2007, eff. Apr. 6, 2007, amended Ch. 10A, in its entirety to read as herein set out.
Cross references: Administration, ch. 2; Community and Economic Development Department, § 2-33; trespassing on Civic Center property, § 23-85.
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Sec. 10A-1. Definitions.
Sec. 10A-2. Director's authority.
Sec. 10A-3. Rental rules and regulations.
Sec. 10A-4. Rental fees.
Sec. 10A-5. Deposits.
Sec. 10A-6. Cancellations.
Sec. 10A-7. Exclusive contractual services.
Sec. 10A-8. Conventions.
Sec. 10A-9. Non-conventions.
Sec. 10A-10. Other.
Sec. 10A-1. Definitions.
Booking Guidelines means the Booking Guidelines for the Convention Center used to determine whether an event is a Convention Event and when space may be reserved or subject to a Use Agreement.
City means the City of Phoenix, Arizona, Owner and Operator of the Phoenix Convention Center, Executive Conference Center, Theaters and Parking Facilities.
Client means any person, meeting planner, group, promoter, firm, association, organization, partnership, company, civic or corporate entity, that enters into a Use Agreement with the City to use specified space in the Convention Center, Executive Conference Center or the Theaters.
Concessions means the use and occupancy of the Convention Center, Executive Conference Center and the Theaters for: (A) sale of all food, beverage, merchandise and convenience items commonly sold in like facilities; and, (B) Use of services or equipment in connection with an event. The term "concessions" shall not include the sale of products or services that are related to an authorized display or exhibit contained in a Client's event.
Convention Center means the Phoenix Convention Center West, North and South Buildings and its grounds up to its property line(s), but not including the Executive Conference Center.
Convention Event means an event at the Convention Center where attendance is generally limited by invitation or registration and the number of hotel rooms occupied by persons attending the event is sufficient to qualify the event as a convention under the prevailing Booking Guidelines.
Day Meeting Package Base means a single daily fee as defined in Section 10A-4.
Director means the Director or designee, of the Phoenix Convention Center Department.
Event Day means a calendar day or any portion thereof identified in a Use Agreement when the Convention Center, Executive Conference Center or the Theaters are, or will be, occupied by the Client, Client's exhibitors, contractors, delegates, paid attendees, and invited guests, or used by the Client for the purpose of broadcasting, televising, recording or filming for a commercial purpose.
Executive Conference Center is a premier meeting destination located on the 200 level of the Convention Center West Building. The primary purpose of the Executive Conference Center is to attract and accommodate corporate meetings and other specialized assemblies through use of built-in audiovisual technology, high-end furnishings and specialized customer service.
GPCVB means the Greater Phoenix Convention and Visitor's Bureau which provides marketing, solicitation and booking of regional, national and international conventions and tradeshows, and tourism business for the Convention Center and hotel properties located within the City under an annual contract with the City.
Gross Receipts means the aggregate gross selling prices for all items sold and services rendered in or about the Convention Center, Executive Conference Center and the Theaters, whether for cash or credit and whether collected or uncollected, less the amount of tax levied upon such sales that is collected from the purchaser and paid by the seller or provider.
Half day meeting package base means a single daily fee as defined in Section 10A-4.
Modified Meeting Package means additional rooms that extend above and beyond the standard services already set forth in the day meeting package base or half day meeting package base.
Non-Convention Event means anything other than a Convention Event or Executive Conference Center Event. Examples of Non-Convention Events include, but are not limited to, public shows, banquets and receptions.
Non-Event Day means a calendar day or any portion thereof which is utilized by a Client for move-in/move-out or practice activities related to a Convention or Non-Convention Event, which activities are normally closed to the Client's delegates, paid attendees or invited guests.
Non-package rates means room rental fees for rooms only, without the services or amenities included in the package rates.
Operating Policies and Procedures means those Operating Policies and Procedures approved, promulgated and adopted by the Director pursuant to the authority delegated to the Director in Section 10A-2 of this .
Parking Facilities means the parking lots, garages and other Parking Facilities under the management and operation of the Phoenix Convention Center Department that are typically used to support the operation of the Convention Center, the Executive Conference Center, the Theaters and downtown activities.
Phoenix Convention Center Department means the Department of the City responsible for the management and operation of the Convention Center, the Executive Conference Center, the Theaters, and the Parking Facilities.
Theaters means the Orpheum Theatre and Symphony Hall.
Use Agreement means a written agreement entered into by the City and a client for the staging and presentation of events in the Convention Center, the Executive Conference Center and the Theaters, which agreement incorporates by reference the provisions of this chapter and the current Operating Policies and Procedures.
(Ord. No. G-4675, §§ 1, 2(Att. A), adopted 2-16-2005, eff. 3-18-3005; Ord. No. G-4872, § 4, adopted 3-7-2007, eff. 4-6-2007; Ord. No. G-5187, § 1, 6-18-2008, eff. 7-18-2008)
Sec. 10A-2. Director's authority.
1. The Director is delegated the responsibility and authority to manage and operate the Convention Center, the Theaters and the Parking Facilities and shall report directly to the City Manager or his authorized representative. The Director's authority also shall include the authority to develop, amend, substitute, supplement and institute such operating policies and procedures as the Director deems necessary and appropriate for the staging and performance of events in, and other uses of the Convention Center, the Theaters and the Parking Facilities. The operating policies and procedures will include policies and procedures regarding: (a) the operation of the Convention Center structures and surrounding property, (b) the type of labor, equipment and services that the City will offer in support of an event and the rate paid by Clients for such support; (c) a description of the services and equipment included in the basic rental fees; (d) the City's insurance and indemnification requirements; (e) a list of the City's exclusive and preferred service providers and (f) security requirements.
2. The Director is hereby authorized to enter into Use Agreements with Clients for the staging and presentation of events and performances in the Convention Center and the Theaters that, in the Director's judgment, will best serve the economic interests of the City and the State.
3. The Director will be responsible, within competitive considerations, for maximizing revenues and economic benefit generated from the use and occupancy of the Convention Center, the Theaters and the Parking Facilities so as to adequately meet the annual operating, capital and debt service requirements of the Phoenix Convention Center Department.
4. As may be required from time-to-time to meet competitive conditions and to best serve the interests of the City and community, the Director is delegated authority to provide rental discounts up to fifty percent (50%) of the prevailing rental fees and provide other incentives determined necessary to compete effectively for local, regional, national and international events. Discounts exceeding fifty percent (50%) of the prevailing fees will require the approval of the City Manager or authorized representative.
5. The Director shall establish operating policies and procedures which must be used by Clients within the facilities. The operating policies and procedures may include but are not limited to facility care, loading dock usage, room sets, safety, security, equipment use, insurance requirements, Fire Department regulations, and related matters.
Per Net Square Foot Fee For Event Day Year West Bldg. North Bldg. South Bldg. Seasonal Rate 2008 $0.16 * $0.08 **$0.11 2009 (Jan.– Jun.) $0.16 $0.16 $0.16 $0.11 2009 (Jul.– Dec.) $0.18 $0.18 $0.18 $0.12 2010 $0.18 $0.18 $0.18 $0.12 2011 $0.23 to $0.27 $0.23 to $0.27 $0.23 to $0.27 $0.16 to $0.18 2012 $0.23 to $0.27 $0.23 to $0.27 $0.23 to $0.27 $0.16 to $0.18 2013 $0.25 to $0.29 $0.25 to $0.29 $0.25 to $0.29 $0.18 to $0.20 2014 $0.25 to $0.29 $0.25 to $0.29 $0.25 to $0.29 $0.18 to $0.20 2015 $0.27 to $0.31 $0.27 to $0.31 $0.27 to $0.31 $0.19 to $0.21 * Phoenix Convention Center Expansion Project– Under construction.
**Seasonal rate applies to only West Building space for 2008 and is for the period between Memorial Day and Labor Day.
2) Non-Convention Events. The following net square footage fees for exhibition space shall apply. Final fee for each event is subject to Director approval.
CONVENTION CENTER RENTAL FEE SCHEDULE FOR NON-CONVENTIONS Per Net Square Foot Fee for Show Day and NON-EVENT (Move In-Out) Day:
Year West Bldg. Event Day/Non-Event Day North Bldg. Event Day/Non-Event Day South Bldg. Event Day/Non-Event Day 2008 $0.11/$0.05 * $0.0625/$0.03 2009 (Jan.– June) $0.11/$0.05 $0.11/$0.05 $0.11/$0.05 2009 (July– Dec.) $0.12/$0.06 $0.12/$0.06 $0.12/$0.06 2010 $0.12/$0.06 $0.12/$0.06 $0.12/$0.06 2011 $0.16/$0.08 $0.16/$0.08 $0.16/$0.08 2012 $0.16/$0.08 $0.16/$0.08 $0.16/$0.08 2013 $0.17/$0.09 $0.17/$0.09 $0.17/$0.09 2014 $0.17/$0.09 $0.17/$0.09 $0.17/$0.09 2015 $0.18/$0.09 $0.18/$0.09 $0.18/$0.09 *Under construction.
For those events with paid admission or payment of registration fees to attend, the Client will pay the greater of the prevailing rental fee for the leased Convention Center space or ten percent (10%) of the gross admission receipts (less applicable taxes) or registration fees received for each show day.
501(c)(3) non-profit organizations whose principal place of business is located in the State of Arizona will receive a twenty percent (20%) discount off the prevailing Exhibition, Meeting Room and Ballroom rental fees. City of Phoenix departments will receive a thirty-five percent (35%) discount off the prevailing space rental fees.
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(b) Meeting and Ballroom Space. Meeting Room and Ballroom rental fees will be one hundred twenty-five percent (125%) of the Convention Center exhibition space rental fees stipulated in 10A-4(3)(a)1 For the years 2011 through 2015 with a range of rental fees, the Meeting and Ballroom rental fees will be based on the lowest rental fee stipulated in the fee range for each year (e.g., Year 2011: $0.23 multiplied by 125%). Complimentary meeting room space will be provided to a Convention Event Client based on approximately thirty-three percent (33%) of total leased and occupied exhibit space utilized by the Client. Additional meeting room space will be contracted to the Client at the prevailing rates. A Non-Convention Client will pay for all Meeting and Ballroom space utilized.
(c) Non-Event Days. For Convention Events, the City shall provide the Client with complimentary Non-Event Days equal to the number of Event Days for exhibit space (excluding meeting and plenary space) provided for in the Use Agreement. The Client shall pay for any Non-Event Days exceeding the total number of Event Days at a rate equal to fifty percent (50%) of the prevailing Event Day exhibition fee. For Non-Convention Events, the Client will pay for all Non-Event Days provided for in the Use Agreement at a rate equal to fifty percent (50%) of the prevailing non-Event Day exhibition fee.
(d) Banquet Food and Beverage Sales Rental Discount. To meet competitive conditions and maximize food and beverage sales at the Convention Center, the Director is authorized to provide a rental incentive to a Convention Event Client based on the chart below of gross banquet and catering sales guaranteed by Client to be held at the Convention Center.
*Gross Banquet/Catering Sales Rental Fee Discount $0 to $150,000.00 0% $150,001.00 to $250,000.00 10% $250,001.00 to $350,000.00 15% $350,001.00 to $500,000.00 20% $500,001.00 plus 25% *Excluded from the accounting of total gross banquet and catering sales are applicable sales taxes, service gratuities, and food and beverage sales generated from fixed and portable concession stands during client's event.
(e) Event Staffing, Equipment and Services. Based upon the requirements of the Client's event, the Phoenix Convention Center Department will provide the necessary level of event staffing, equipment and services required to effectively produce and manage the event in the Convention Center. The Client will pay for such staffing, equipment and services at the prevailing rates established in the Operating Policies and Procedures.
4. Theaters Rental Fee Schedule.
(a) Rental Fees. The following rental fees apply to Symphony Hall and the Orpheum Theatre:
Rental Space Symphony Hall Orpheum Theatre Main Theater Initial Performance $1,300.00 $1,400.00 Additional Performance $650.00 $700.00 Move-in/Rehearsal Day $650.00 $700.00 Rehearsal Hall Event $160.00 Overtime Rate Per Hour $35.00 Green Room Event $130,00 Overtime Rate Per Hour $35.00 (b) Non-Profit Discount on Rental Fees. 501(c)(3) non-profit organizations whose principal place of business is located in the State of Arizona will receive a twenty percent (20%) discount on the prevailing Theater rental fees. City Departments are entitled to a thirty-five percent (35%) discount off prevailing rental fees.
(c) Event Staffing, Equipment and Services. Based upon the requirements of the lessee's event, the Phoenix Convention Center Department will provide the necessary level of event staffing, equipment and services required to effectively produce and manage the event in the Theaters. The Client will pay for such staffing, equipment and services at the prevailing rates established in the Operating Policies and Procedures.
5. Executive Conference Center Fee Schedule. The Executive Conference Center shall follow a facility rental fee structure independent and separate from the Convention Center.
(A) Day Meeting Package Base and Half Day Meeting Package Base. This fee shall consist of one price, per person, per day. The day meeting package base and half day meeting package base shall include one general session meeting room, a lunch buffet served between 11:30am until 1:30pm, audiovisual, and parking services. The day meeting package base includes both morning and afternoon refreshment breaks, and the half day meeting package base includes only one refreshment break. Additional services and equipment that extend beyond the package base shall be considered modified and shall be charged at the prevailing rates for such services, as noted in Section 10A-3, Section 4.
Fiscal Year Day Meeting Package Half Day Meeting Package 2008/09– 2009/10 $130.00 per person $100.00 per person 2010/11– 2011/12 $140.00 per person $110.00 per person 2012/13– 2013/14 $150.00 per person $120.00 per person 2014/15– 2015/16 $160.00 per person $130.00 per person (B) Modified Meeting Package. For day and half day meeting package clients who choose to add additional meeting rooms to their event, the following room rental charges shall apply. This fee is in addition to the daily meeting package base or half day meeting package base fee and is charged at a flat rate.
Meeting Room Rental Rates 2008/09– 2011/12 Rental Rates 2013/14– 2015/16 201 $750.00 $1,000.00 202 $500.00 $750.00 203 $500.00 $650.00 204 $250.00 $400.00 205 $500.00 $650.00 206 $500.00 $650.00 207 $2,000.00 $2,500.00 208A $500.00 $650.00 208B $500.00 $650.00 211A $300.00 $400.00 211B $300.00 $400.00 212A $300.00 $400.00 212B $300.00 $400.00 212C $300.00 $400.00 213A $300.00 $400.00 213B $300.00 $400.00 (C) Non Package Rates. For clients who desire to rent meeting rooms at the Executive Conference Center but not participate in the day meeting package or half day meeting package programs, the following room rental charges shall apply. The non package rate is a flat rate and does not include services or amenities included with the day or half day meeting package.
501(C)(3) non-profit organizations whose principal place of business is located in the State of Arizona will receive a twenty percent (20%) discount on the prevailing theater rental fees. City departments are entitled to a thirty-five percent (35%) discount off prevailing rental fees.
Meeting Room Rental Rates 2008/09– 2011/12 Rental Rates 2013/14– 2015/16 201 $1,000.00 $1,250.00 202 $750.00 $1,000.00 203 $750.00 $850.00 204 $500.00 $600.00 205 $750.00 $850.00 206 $750.00 $850.00 207 $2,500.00 $3,000.00 208A $750.00 $850.00 208B $750.00 $850.00 211A $500.00 $600.00 211B $500.00 $600.00 212A $500.00 $600.00 212B $500.00 $600.00 212C $500.00 $600.00 213A $500.00 $600.00 213B $500.00 $600.00 6. Expansion Project Mitigation. Beginning June 2004, the City initiated a $600 million expansion and renovation of the Phoenix Convention Center. During the scheduled construction and renovation period, the Director is authorized to provide rental fee discounts of up to fifty percent (50%) and other incentives, if determined necessary by the Director, to attract and retain business, and to provide mitigation of construction impact issues affecting shows scheduled in the Convention Center. The Director will consult with the GPCVB on the appropriate level of rental discounts and other incentives that may be required to attract and retain event business during the expansion of the Convention Center.
7. Future Rental Fee Adjustments. Future adjustments to the Convention Center's rental fees as defined within this chapter and as established by the Director in accordance with the bi-annual competitive rate survey defined within Section 10A-4 may take affect at the substantial completion of the Convention Center expansion and renovation project. The Director will recommend implementation of new rates, if determined appropriate, to the City Council for approval prior to implementation.
8. Exhibit Hall Rental Inclusions. Exhibit Hall rental fees shall include agreed upon number of Event Days as specified in the Use Agreement; the number of Non-Event Days, the contracted Exhibit Hall(s), adjacent public lobby space (non-exclusive use), general house lighting, heating or air conditioning. For any additional set-up requirements by Client (e.g., general session activity), the Director may charge for additional labor and equipment required for space set-up at the rates established in the Operating Policies and Procedures.
9. Meeting Room/Ballroom Rental Inclusions. Meeting Room and Ballroom rental fees shall include: agreed upon number of event and Non-Event Days as specified in the Use Agreement; the contracted Meeting Rooms or Ballroom space, adjacent public lobby space (non-exclusive use), general house lighting, heating or air conditioning, cleaning, additional services and equipment as outlined in the Operating Policies and Procedures.
10. Support Spaces. Support spaces shall be provided to Client subject to availability and as agreed upon in the Use Agreement.
(Ord. No. G-4675, §§ 1, 2(Att. A), adopted 2-16-2005, eff. 3-18-3005; Ord. No. G-4872, § 7, adopted 3-7-2007, eff. 4-6-2007; Ord. No. G-5187, § 2, 6-18-2008, eff. 7-18-2008)
Sec. 10A-5. Deposits.
1. A deposit of twenty-five percent (25%) of the total fee for use of the Convention Center and Theaters is due and payable upon execution of the Use Agreement. Client shall pay all remaining fees and related event expenses at least sixty (60) days prior to the first move-in day for their event. Any rental or service fee remaining unpaid for more than thirty (30) days after the due date, shall accrue interest at the rate of one and one-half percent (1 1/2%) per month from the due date until payment has been received by the Phoenix Convention Center Department. Additionally, overdue deposits may result in cancellation of the Use Agreement as provided in Section 10A-3.
2. If hotel properties or the GPCVB are booking and paying part or all fees for use of the Convention Center space on behalf of a Convention Event Client, the Director may grant an exemption from the standard deposit requirements; provided, a nominal deposit, as determined by the Director, is paid as consideration for reserving the space. All rent and service fees shall be due and payable no later than thirty (30) days after the completion of the last Event Day of the Client 's event.
3. Client deposits for rent and service fees are non-refundable except in such cases where the Convention Center is unable to deliver possession of the facilities as specified in the Use Agreement. At the Director's discretion, a refund can be provided if special or unique circumstances or cause exists.
(Ord. No. G-4675, §§ 1, 2(Att. A), adopted 2-16-2005, eff. 3-18-3005; Ord. No. G-4872, § 8, adopted 3-7-2007, eff. 4-6-2007)
Sec. 10A-6. Cancellations.
1. Conventions. Cancellation of Convention Center space shall cause Client to be liable for damages as outlined below:
a.) No less than thirty-six (36) months prior to the event, Client shall pay a sum equal to one Event Day's contracted rental fee.
b.) From thirty-six (36) months to twenty-four (24) months prior to the event, Client shall pay a sum equal to fifty percent (50%) of the total contracted rental fee.
c.) Within twenty-four (24) months of the scheduled event, Client shall pay a sum equal to one hundred percent (100%) of the total contracted rental fee.
2. Non-Conventions.
a.) Cancellation of Exhibit Hall(s) or Ballroom space within six (6) months of the first Non-Event Day of the event, or cancellation of meeting room usage within sixty (60) calendar days of the first Non-Event Day of the event shall cause Client to be liable for payment of one hundred percent (100%) of the total rental fee for the cancelled space.
b.) In the event deposits and rental payments are retained due to cancellation, the Director is authorized to make an exception and provide a refund if deemed appropriate due to special circumstances or causes.
(Ord. No. G-4675, §§ 1, 2(Att. A), adopted 2-16-2005, eff. 3-18-3005; Ord. No. G-4872, § 9, adopted 3-7-2007, eff. 4-6-2007)
Sec. 10A-7. Exclusive contractual services.
The Director reserves the following exclusive concession rights for the Convention Center and Theaters to insure quality delivery of service and revenue generation: food and beverage concessions (fixed and portable stands), banquet and catering services, parking, ticket office, exhibit utility services, telephone, internet, event security services (non-convention only), and ushering services. Resale of exclusive services by the Client or its agent(s) is prohibited, unless resale of such services enhances service delivery and revenue to the Phoenix Convention Center Department as determined by the Director.
(Ord. No. G-4675, §§ 1, 2(Att. A), adopted 2-16-2005, eff. 3-18-3005; Ord. No. G-4872, § 10, adopted 3-7-2007, eff. 4-6-2007)
Sec. 10A-8. Conventions.
1. Convention event date reservations scheduled on a "tentative" basis may be released at the discretion of the Director. A reservation issued by the GPCVB on a "definite" basis will be sufficient to hold the Convention Center designated space and dates until preparation and execution of a Use Agreement.
2. Client shall have the right to contract for sale and distribution of photographs, tapes, books and other convention-related materials to its own delegates.
3. Conventions containing public ticketed events shall use Convention Center ticket office services in accordance with Section 10A-9.