NBPL 15

Background

The auditorium at the Newport Beach Central Library is known as the Library Lecture Hall (“LLH”).

The Library Board of Trustees and the Library Services Department administer the Library and the LLH.  The LLH is an important source of meeting space for Library, Library-related, Library-affiliated, City of Newport Beach (“City”) and outside lectures, programs, and activities. It is not unusual for Library and City officers and employees to have a need to use the LLH for Library and City business on short notice. Moreover, use of the LLH takes Library staff away from their normal duties and, if uncontrolled, can interfere with the public’s use and enjoyment of the Library.

Applicability

Except as otherwise specifically provided to the contrary herein, this Policy shall not apply to First Priority and Second Priority uses (as defined below) of the LLH as provided below, although the users of such Priorities are required to complete in advance an Application For Use form for such uses. So long as they complete and file in advance the Application For Use form, such users shall be entitled to use the LLH with the permission of and subject to confirming availability with the Library Services Director.  Moreover, it shall be permissible for such users to place an advance hold on recurring regularly scheduled dates of use by such users, e.g., the first Thursday morning of each month at 7:30 AM.

Purpose

The purpose of this Policy is to establish:

A. Procedures for processing and approving or disapproving requests from applicable groups or organizations for permission to use the LLH;

B. Priorities as set forth below for the use of the LLH and to resolve any conflict related to requests for use; and

C. Standards and criteria for the use of the LLH to insure there is no significant impact on the workload of staff.

Priorities of Use

The mission of the Library is to be the cultural, educational, and informational heart of Newport Beach (the “Library Mission”).  Subject to the Library Mission, to this Policy, and to all related terms and conditions, the LLH is available for use as provided herein.  The fact that a group or organization is granted permission to use the LLH in no way constitutes endorsement of the policies or beliefs of that organization by the Library or the City.  Even following an advance reservation pursuant to a completed Application For Use, NBPL has a right to preempt any event for a Library or Library-related event; in such rare instances, Library will use its reasonable efforts to assist the group in reserving another date for use of the LLH.  The numerical listing below a particular Priority (e.g., First Priority) shall indicate the preference or priority within the stated Priority, e.g., First Priority A.1. shall have preference over First Priority A.2

A. FIRST PRIORITY

1. The Newport Beach Public Library Foundation (the “Foundation”) and, thereafter, other NBPL support groups including but not limited to The Friends of the Library and Project Adult Literacy.
2. Any official Library sponsored, co-sponsored, and/or conducted programs and activities that are directly related to the Library Mission and the Library’s functions and purposes.
3. Official business of the City of Newport Beach, including, but not limited to, City-sponsored, co-sponsored, and/or conducted programs

B. SECOND PRIORITY

1. Any meeting or activity of (i) the Newport Beach Chamber of Commerce, (ii) the Corona Del Mar Chamber of Commerce, (iii) Speak Up Newport, or (iv) any other local non-profit organization or entity which organization or entity is based in or around the City and whose meeting or activity is primarily and substantively designed to educate and inform the local community on current issues. With respect to subsection (iv), the Director shall have the discretion to determine whether an organization or entity meets the qualifications set forth in subsection (iv) and whether a meeting or activity meets the qualifications set forth in subsection (iv).
2. Any meeting or activity by local non-profit organizations or entities which organizations or entities are based in or around the City. The Director shall determine whether an organization or entity qualifies as a local non-profit organization or entity for purposes of Second Priority status.

C. THIRD PRIORITY

Use of the LLH may be granted by the Library Services Director to those persons, organizations, or entities listed below on a first come, first serve basis:

1. Sponsored educational or informational programs and activities of state or local public agencies such as local public schools or public districts.
2. Recreational, social, or civic organizations and/or groups that are promoted and sponsored by City residents or City non-profit organizations that are open to the public and have fifty percent (50%) or more of their memberships held by Newport Beach residents.
3. Recreational, social, or civic organizations and/or groups that are non-resident and are promoted and sponsored by non-profit organizations that are open to the public but do not qualify under C.2. above.
4. Schools, colleges, hospitals, or other similar groups not qualifying under the definition of non-profit. Non-profit status is defined as an organization that is so defined by the Internal Revenue Code Section 501(c) and has a State of California Tax Identification Number.

D. FOURTH PRIORITY

All other outside organizations, municipal agencies, individuals, and groups have Fourth Priority on all dates, and may reserve events on a first come, first serve basis under the terms, provisions, and documents required hereunder. All Fourth Priority users shall enter into an Agreement Regarding Use Of Library Lecture Hall For Outside Events (“Outside Events Contract”) in form and content as the Director may specify from time to time, which Outside Events Contract shall include the Rules and Regulations (First Addendum to Outside Events Contract) in form and content as the Director may specify from time to time.

Procedure

All persons, groups or entities seeking permission to use the LLH (“applicant”) shall submit an Application For Use on the form provided by the Department.  The applicant shall provide all information requested in the application and such additional information as may be required by the Library Services Director to enable the Director to determine if use by the applicant will comply with this Policy. Applications shall not be considered complete unless accompanied by required fees, proof of insurance, and any additional requested information to the extent applicable. No person, group or entity shall be entitled to use of the LLH unless their application has been approved by the Library Services Director or the Director’s designee. If an applicant fails to comply with the standard conditions of use or any special conditions imposed by the Director, no additional application by that applicant shall be considered for a one-year period following such failure.

Standard Conditions of Use Applicable to Third Priority and Fourth Priority Users

These standard conditions of use shall be and are applicable to Third Priority and Fourth Priority users only; with the exception of standard conditions B, D, and F, the standard conditions are not applicable to First Priority and Second Priority users; provided, however, other than in the case of the Foundation, the Director shall have the discretion to impose one or more such other standard conditions on First Priority and Second Priority users.  An Application For Use of the LLH may be approved subject to the Third Priority User’s and the Fourth Priority User’s compliance with the following standard conditions of use and other conditions of use as may be imposed by the Library Services Director:

A. The use of alcoholic beverages is prohibited unless expressly approved in writing by the Library Services Director and subject to the approval of the Alcoholic Beverage Control Board.

B. Smoking, vaping of any kind, and other use of tobacco or similar products is prohibited in the LLH and the entire Library campus, including restrooms and all common areas.

C. At least one (1) adult shall be present in the LLH when minors are in attendance.

D. No person shall interfere with the normal use and activities of the Library by way of noise, disturbance, or other activity.

E. Meetings or activities conducted in the LLH may not be advertised or promoted as City or Library sponsored activities unless approved in advance by the Library Services Director. All materials used for advertising or announcing a meeting or activity to be conducted in the LLH shall be submitted to the Library Services Director at least ten (10) days prior to the use for the sole purpose of determining if the materials comply with this condition. The Library Services Director shall notify the permittee of the Director’s determination that the materials comply or do not comply with the condition within three business days after submittal.

F. Attendance for events or activities in the LLH shall not exceed Newport Beach Fire Department occupancy requirements.

G. Use of the LLH is limited from 9 a.m. to 9 p.m. Monday through Thursday, 9 a.m. to 10 p.m. Friday through Saturday, and 12 p.m. to 5 p.m. on Sundays, unless expressly approved in writing in advance by the Library Services Director.

H. The provision of insurance should be general liability, naming the Library and City and their officers, agents, officials, employees, and volunteers as additional insureds, providing coverage in the amount of not less than $1,000,000 for any claim, loss, injury, damage, or other casualty that is in any way related to the use and/or occupancy of the LLH by the permittee authorized to use the LLH pursuant to this Policy.

I. The permittee agrees to defend, indemnify, and hold harmless the Library and the City and their officers and employees with respect to any claim, loss, or injury that arises out of, or is in any way related to permittee’s use and occupancy of the LLH.

J. Applications for reservations must be made no more than 90 days in advance and not more than once every 90 days.

Fees, Deposits and Cancellation Procedures

Fees may be charged for the use of the LLH. Fees shall be established by Resolution of and periodically adjusted by the Board of Library Trustees subject to approval of the City Council.  Fees shall include an amount necessary to defray the costs associated with the administration of this Policy and the maintenance and repair associated with the use of the LLH.  Notwithstanding anything to the contrary herein, the Director may impose fees and other charges on the First Priority Users and the Second Priority Users; provided, however, in the case of the Foundation, such fees and other charges shall be agreed upon in advance in writing by the Director and the Foundation. 

Use Subject to Recorded Declaration of Special Land Use Restrictions

Use of the LLH shall at all times be subject to that certain Declaration of Special Land Use Restrictions, Right of First Refusal, Mortgage Lien and Option to Repurchase recorded May 8, 1992 as Instrument No. 92-304757 in the Official Records of Orange County, California, as modified by that certain amendment recorded November 24, 2010 as Instrument No. 2010-634195 and as further amended by that certain amendment (the “Second Amendment”) recorded December 5, 2019 as Instrument No. 2019000509265 (all such recorded documents are referred to collectively as the “Declaration”).  The Second Amendment (which as indicated is a part of the Declaration) specifically provides as follows:

1.2   Use of the Lecture Hall 

Declarant expressly agrees that the use of the Lecture Hall by Grantee [City of Newport Beach, a California municipal corporation] to conduct library, cultural, training, educational, informational, entertainment, civic and community focused programming as well as for programming of library support groups, such as the Friends of Newport Beach Public Library  and the Newport Beach Public Library Foundation (collectively, the “Intended Use”), are uses commonly associated with public libraries, as described in Section 2.1(a) of the Declaration, and these uses do not compete with the retail and commercial facilities in the Center [Newport Center].  Grantee may from time to time allow, and charge reasonable fees for, such uses of the Lecture Hall, and such other uses of the Lecture Hall that Grantee determines in its reasonable discretion are complementary to the use of the Land as a free, public library and will not interfere with the use of the Land by Grantee’s library patrons and available parking for such library patrons; provided such other uses, in Declarant’s reasonable discretion, do not materially compete with the retail and commercial facilities in and around the Center, and in no event shall the Lecture Hall be used as a commercial banquet hall or conference center.

1.3   Parking

The number of parking spaces on the Land and available for public use is currently 172.  Such number of parking spaces available for public use shall not be reduced without the prior written consent of Declarant as described in Section 2.2(a) of the Declaration.

Adopted by the Board of Library Trustees on November 15, 2021

Amended by the Board of Library Trustees on December 20, 2021

This Policy will be periodically reviewed by the Board of Library Trustees on the first to occur of (i) as circumstances may require or (ii) every two years from the date of adoption, last amendment, or last review. Adopted, last amended, or last reviewed on December 20, 2021.