HomeMy WebLinkAbout06-338
OCTOBER 24, 2006
FIRST READING
NOVEMBER 14, 2006
SECOND READING
06-322 06-338
ORDINANCE
(CARRIED 5-1-1 P LOST
AS AMENDED
LAID OVER
WITHDRAWN
PURPOSE:
ENACT FACILITY CHARGE/LEACH AMPHITHEATER
INITIATED BY:
COUNCIL MEMBER ESSLINGER
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 19-8
OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO FACILITY CHARGES FOR
THE LEACH AMPHITHEATER
THE COMMON COUNCIL OF THE CITY OF OSHKOSH DO ORDAINS AS FOLLOWS:
SECTION 1. That Section 19-8 of the Oshkosh Municipal Code pertaining to a
facility charge for the Leach Amphitheater is created to read as follows:
SECTION 19-8
FACILITY CHARGE FOR PROFIT ORGANIZATIONS/LEACH
AMPHITHEATER AT RIVERSIDE PARK
(A) For all events where the maximum ticket price is $5.00 or greater, there shall be
collected a facility charge of $1 per paid admission, on all paid admissions
regardless of actual ticket price, that shall be payable to the city, net of sales tax.
Any entity responsible for ticket sales shall remit to the City all revenues from this
facility charge, no later than thirty (30) days after the event has occurred.
(B) All proceeds shall be maintained in the segregated account already established
at the Oshkosh Area Community Foundation and shall be first used only for
payment of current and future debt service for Amphitheater improvements. If,
after payment of such annual debt service obligations, there is excess funds in
this segregated account, the proceeds shall then be only used for (i) nonroutine
maintenance and repair of, (ii) for upgrading, enhancements or additions to, and
(iii) for renovation or replacement of facilities (specially including restroom
facilities, concession buildings, VIP areas, front of house structure and
performance building) at the Leach Amphitheater at Riverside Park.
(C) By its use of the Leach Amphitheater, any entity, which charges an admission fee
subject to this Section, consents to the City's inspection of the entity's financial
records to verify the accuracy of any payment under this Agreement. The entity
shall produce such records for inspection at its offices during normal business
hours, or as such other place as the City and the entity may then agree. The City
retains the right to conduct an independent audit at its own cost. However, if
audit indicates underpayment, the entity shall reimburse the City for both any
underpayment and for the city's audit expenses within 30 days of invoicing by
City.
SECTION 2. This ordinance shall be effective upon passage and publication as
provided by law for all events held on or after January 1, 2007.
**Bold and Italics Indicates Amendment