COMMUNITY USE OF ALLAN HANCOCK COLLEGE FACILITIES
It is the policy of the Allan Hancock Joint Community College District to permit the use of college facilities by groups and organizations whose purposes and objectives contribute to the development and welfare of the community (Education Code 8253082548). The primary purpose of college facilities is to house the college educational programs, and other uses must not interfere. Authorized use or occupancy of the property for other than college purposes shall be secondary and subordinate to this primary purpose. The college does not intend to be in competition with other facilities in the community which are available for the use of groups and organizations.
When an alternative location is not available, the use of college facilities may be authorized for nonprofit organizations and clubs and associations organized for general character building or welfare purposes (Education Code 82542). Because costs are involved in noncollege use of facilities, charges may be necessary to defray expenses of such use. The use of college facilities may be authorized for profit-making organizations. Such organizations will be charged a fair rental value for facilities (Education Code 82542).
CATEGORIES AND FEE CHARGES
Category 1 User (Nonprofit organizations whose objectives are general character building or welfare purposes (Education Code 82542).)
A Category 1 User will be charged an amount equal to direct costs of the college in providing the requested facilities (Education Code 82542). All users falling within this category will be charged the nonprofit rate. A minimum of two hours will be billed for set up and cleaning and when college custodial staff are called back in during off-duty hours. Additional charges will be billed for special preparation and for support by college personnel. Special set-ups will not include construction of platforms, use of elaborate audio visual equipment, or use of pianos or organs. Such set-ups will be billed at an additional charge, if the college can reasonably provide the services or equipment requested.
Category 2 User (Profit-making organizations, and nonprofit organizations which do not meet all requirements of Category 1 Users.)
A Category 2 User will be charged a fair rental value for such use (Education Code 82542). Nonprofit organizations which charge admission fees or solicit contributions for an event will be considered Category 2 Users, unless they qualify under Education Code 82542 as to type of organization, and unless the funds solicited are used solely for the advancement of the organization's cultural, character building, or welfare work (Education Code 82542). In such cases, and in other cases in which an organization wishes to hold a fund raising event for a specific charitable purpose, a determination will be made by the college whether the user falls into category 1 or 2. The determination will be based upon the following factors.
- Verification of the status of the organization.
- Specific purpose(s) for the funds to be raised.
- The financial arrangements with any promoters or artists involved.
- Other extenuating circumstances.
The California Education Code does not permit the use of college facilities for religious services except under emergency circumstances, and the college is required to charge fair rental value for the facilities. Churches or religious organizations requesting college facilities for the conduct of religious services shall be Category 2 Users. (Education Code 82542)
There are four fee requirements to be met by Category 2 Users.
- Facility and Utilities. A minimum of two hours will be billed for setup and cleaning and when college custodial staff are called back in during off-duty hours. If special set-ups are required, the college will accomplish this work. Users may not make special set-ups. Any overtime required to accomplish clean-up/set- up outside of regular custodial hours will be billed to the user. The district may impose an additional utilities and telecommunications fee for extraordinary use if it is deemed appropriate.
- Maintenance and Security. Any college employees who are needed for the event and any security will be provided at the discretion of and under the control of the college. The user will be billed for any security and maintenance personnel so utilized.
- Equipment and Technical Assistance. The college generally does not supply equipment such as sound systems or pianos, nor does it provide technicians. Basic equipment over and above a normal set-up (e.g. extra chairs) may be furnished at a fair rental value.
- City Permit. Some events require a city permit. The user should contact the City Finance Director at least two months prior to the event to obtain a permit, if required. The permit fee is set by the City Council.
Fees for rental are payable to Allan Hancock College and must be paid at least one week prior to the event. Failure to pay the fee by this deadline may be cause for the college to cancel this event.
Category 3 User (Programs cosponsored by a college department) College facilities are available for community programs such as lectures, films, recreation, concerts and other similar activities in which an agency of the college is cosponsor. Participation fees or admission prices must be sufficient to pay the full cost of any artist/performer/lecturer, film, etc. In addition, participant fees and/or admission prices must cover direct costs for the event. The determination of whether to accept an organization applying for the status of cosponsorship with Allan Hancock College shall be guided by the following criteria:
- The monetary benefit to the sponsoring agency. To qualify as a cosponsor the benefit to the college cosponsor must be substantial and not peripheral.
- The purpose of the fund raising activity. The funds raised must have some educational, cultural, social or recreational benefits to the college or the community. All fund raising must be done within college guidelines and in accordance with college board policy 8055 particularly noting responsibility for guaranteeing loss coverage.
The following process will be used to request approval for cosponsorship.
- If a nonprofit or profit entity (agency or company) wishes to request cosponsorship from the college, the request must be submitted in writing to the chairperson, program coordinator, director, or supervisor of the program or department. The request must specify time, date, purpose of the event; benefit to the college and/or agency; and the cultural, social or recreational benefits to the college or community.
- This request will be reviewed and approved/disapproved by the dean of the area. The dean of the area will state the reason(s) for approval or disapproval. If approved, the dean will then submit the request to the appropriate vice president.
- The appropriate vice president will review and approve/disapprove the request and return it to the district staff member who initiated the request.
- If the district staff member or the agency is not satisfied with the approval/disapproval of the appropriate dean and/or vice president, the request may be appealed to the superintendent/president of the district.
- The request must be submitted and approved at least two weeks prior to the event.
The nonprofit rate on the fee schedule below will be used for Category 1 Users This schedule provides for reimbursement to the college for direct costs.
The profit rate on the fee schedule below will be used for Category 2 Users. This schedule is a fair rental value based on direct and amortized costs (Education Code 82542) for the facility. Category 3 Users will not be charged for actual use of the facility. However, any charges incurred when college personnel are not normally on duty will be billed back to the user organization.
Total fee payable to the Allan Hancock Joint Community College District must be remitted to the college one week prior to the scheduled use of the facility. For amounts over $100 a cashier's check, certified check, or money order must be used. In the event advance payment is not made, the college shall not permit the use of the facility.
- SECURITY OF FACILITIES. Provision of security for all events, as deemed necessary by Allan Hancock College, shall be provided by Allan Hancock College Police Department, or under their direction.
- GAMBLING. Betting or other forms of gambling are prohibited, unless expressly authorized by state law and the college.
- ACTIONS CAUSING DISTURBANCES. Fighting, possession or use of intoxicating liquors, drugs, or narcotics, is prohibited.
- SUPERVISION OF RECREATION. The college may require its supervision of activities of those using college grounds, gymnasiums, and other athletic and recreational facilities. College athletic equipment may be used only when the college gives special permission.
- NO VIOLATION OF THE LAW. No activity shall be conducted which constitutes a violation of any federal, state, or local law.
- NO MONOPOLY. No use shall be granted in such a manner as to constitute a monopoly for the benefit of any person or organization. (Education Code 82537.) Normally, requests for weekly use or regularly scheduled use for a number of times will be denied.
- FOOD PERMITS. The use of cafeteria and other facilities for the serving of food must be approved in advance by the college.
- CANCELLATION OF PERMIT. Allan Hancock College reserves the right to cancel any Facility Use Permit. The college has the right to cancel a permit whenever a need for the facilities for educational purposes arises after issuance of permit.
- INTERFERENCE WITH COLLEGE. Permission to use college facilities may be granted only when the property is not needed for college purposes. No use shall be inconsistent with the use of buildings or grounds for college purposes, or interfere with the regular conduct of college work. (Education Code 82537.)
- ERECTION OF STRUCTURES, ETC. No structures may be erected or assembled in and around college facilities nor may any electrical, mechanical or other equipment be brought thereon, unless authorized by the college.
- SIGNS. Signs may be posted in and around college facilities only with the permission of the college and in places and manners designated. They will be removed immediately after the event by the permittee. Sponsors should not expect their meeting to be advertised through college media. Any poster or directional sign that bears the college name must be approved by the college office of student activities.
- CANCELLATION BY PERMITTEE. Facilities shall be available for the permittee until one-half hour after the time designated on the permit for that meeting to begin. Notification of cancellation of meetings for which there is a service charge must be received at least 36 hours prior to the time for scheduled use, if service cost, fees, or deposits are to be refunded. All cancellations, whether a charge was levied or not, shall be reported to the permit-issuing office.
- SAFETY REGULATIONS. The user at all times during the use and occupancy of the facilities shall comply with all ordinances, laws and regulations affecting the use and occupancy thereof, including all state and local fire, health and safety laws, ordinances, and regulations.
- NO SMOKING. Smoking is not permitted within 20 feet of any district building or leased facility. User agrees to enforce this no-smoking policy. (Board Policy 8991)
- SPECTATORS. All spectators must be seated in designated areas while watching the activities.
- FIRE HAZARDS. Lighted candles and any devices having any form of open flame are prohibited; any material or device which constitutes a fire hazard is expressly prohibited.
- PAVILION FLOOR. No person wearing street shoes of any type shall be permitted to walk on the gym floor when participating in basketball, volleyball, badminton, and similar types of activities.
- NO EXTENSION OF CLOSING TIME. Teams using the college athletic facilities must finish the activities, including showers, within the time designated on the permit.
- CLOSING TIME. College facilities shall not be used later than 11 p.m., except upon special permission of the college.
- WEAPONS. The possession and carrying of firearms and weapons of any kind in and around college facilities shall be prohibited, except for peace officers.
- DAMAGES. Permittee and/or lessee shall be responsible for and shall pay for repairs or replacement of any character whatsoever which are occasioned or made necessary by reason of the negligence or misuse of said facilities. Damage occasioned by acts of God is excepted.
- CERTIFICATE OF INSURANCE. Any person, group, or organization outside of the college whose event is classified by the college as a high risk activity will be required to provide a certificate of insurance for a minimum of $3,000,000 for any liability for injury or damage to property which may arise out of the use of college facilities. Activities other than high risk will be required to provide a certificate of insurance for a minimum of $1,000,000. A determination of whether the activity is high risk will be made at the time of approval. (Education Code 82548)
- COPYRIGHT REQUIREMENTS. Any group or organization which intends to play music will be responsible for obtaining a copyright permit from the appropriate national music licensing agency (ASCAP, BMI, SESAC, etc. ).
- DENIAL BECAUSE OF VIOLATION OF DISTRICT REGULATIONS. The college, at its discretion, shall have the right to cancel and/or terminate a Facilities Use Permit immediately and without notice upon its discovery of violation of any term, condition or provision of the permit on the part of the permittee. Should any such violation occur, the college, at its discretion, shall have the right to deny any future requests by the permittee for the use of any other college property or facilities.
- DOCUMENTATION. Documentation supporting the nature and purpose of the organization, including proof of its tax exempt status, and the nature of the event, must be submitted to the college on request. Failure to do so may result in denial of the application.
- APPROVAL OF FACILITY REQUESTS: The college will review all facility requests, taking into consideration issues including compatibility with college operations, availability of space, college calendar, time factors, security, legal issues, and risk factors, in order to prevent the disruption of college functions, ensure the safety of participants and protect college property. The college reserves the right to deny facility requests based on this review and/or the requirements outlined in the college’s Facility Use Guidelines located in the office of the coordinator, student activities; supervisor, student center; and the center administrative technician at the Lompoc Valley Center. Final determination of facility usage requires administrative approval.