Office/Contact: Office of Academic Affairs Source: University Policy 5:14; University Policy 4:7; SDBOR Policy 6:13 Link: http://www.sdstate.edu/policies/upload/event-ticket-sales-and-accessible-seating.pdf; http://www.sdstate.edu/policies/upload/drug-free-environment.pdf; https://www.sdbor.edu/policy/documents/6-13.pdf SUBJECT: Performing Arts Center NUMBER: 11:2 1. Purpose SOUTH DAKOTA STATE UNIVERSITY Policy and Procedure Manual The University Performing Arts Center ( PAC ) exists for concerts, theatrical productions, lectures, recordings, and special events for the University campus, community, and region while supporting the development of programs and groups dedicated to educating, entertaining, and serving all who appreciate performing arts. The purpose of this policy is to set forth the general policies and procedures for the use and scheduling of the Performing Arts Center. 2. Policy a. The PAC is operated as a state-owned campus building under the control of the SDBOR and University and all applicable SDBOR and University policies as well as state law, and the establishment of the PAC was primarily intended for the educational and cultural needs of the University campus. The City of Brookings has also been granted right of access to the PAC as set forth contractually by the SDBOR and City of Brookings and as outlined in this policy. b. This policy applies to all users or potential users of the PAC, including University organizations, sponsors, faculty, staff, students, volunteers, and other individuals, as well as commercial, not-for-profit and resident users as outlined in this policy. c. The University is responsible for the primary management and maintenance of the PAC, including scheduling, security maintenance, control of food service, formulation and enforcement of building rules, and establishment of fee schedules for use of the facility in compliance with SDBOR and University policies. d. Performing Arts Advisory Committee i. The advisory committee shall be comprised of three (3) members, including the University Executive Vice President for Academic Affairs, successor, or designee, the Mayor of Brookings, or designee from the Brookings City Council, and the Superintendent of the Brookings School District, or designee. ii. The primary function of the advisory committee shall be to further the cooperative effort among the parties regarding use of the PAC for major spectator events or other appropriate activities. The committee shall make Performing Arts Center Page 1 of 5
recommendations to the University administration on the following matters and other issues as the committee deems appropriate: e. Scheduling and Booking 1. Short and long-term scheduling plans for use of the PAC by the University, City of Brookings, and Brookings School District; 2. Annual identification of community arts, cultural, music or other groups eligible for sponsorship by the City of Brookings for use of the facility at the sponsored rate; and 3. Improvements in operational policies and procedures which will enhance utilization of the facility. i. All requests for use of the PAC should be submitted no later than three (3) weeks prior to an event. Exceptions to this deadline may be made on a reasonable basis at the discretion of the Director of Operations of the PAC. Advance booking reservations may be made up to five (5) years prior to an event upon the approval of the Director of Operations of the PAC in consideration of advice of the Performing Arts Center Advisory Committee. Advance booking reservations made beyond one (1) year may be terminated by the University for failure of appropriation, force majeure, by agreement of the parties, and other extenuating circumstances. ii. Events in the PAC shall be scheduled in accordance with the following priority list: 1. Resident users, which includes University music, theater and dance programs and their affiliates; 2. Brookings School District; 3. University departments and recognized University student organizations; 4. City of Brookings; 5. Community groups or organizations recognized by the City of Brookings for sponsorship; 6. Not-for-profit users, which includes organizations possessing a current 501(c)(3) federal classification; 7. Commercial users, which includes for-profit vendors whose primary business is to produce and/or promote touring state productions, concerts, or similar events; also includes individuals or organizations other than those listed above who do not meet the requirements of notfor-profit users. iii. For all users, the PAC reservation is considered to be held when a verbal or electronic discussion with the Director of Operations of the PAC, or designee, has taken place and the user has verbally agreed to the conditions of the use. The held reservation may be continued for fourteen (14) days until a formal Facility Use Agreement is signed and a deposit is accepted. If the Facility Use Agreement is not executed and deposit made within fourteen (14) days, the held space is released. Performing Arts Center Page 2 of 5
iv. When the PAC receives a signed Facility Use Agreement with an accompanying deposit, the date is considered confirmed. A deposit is equal to one (1) day s rent at the applicable rate and must accompany the signed contract. 1. For certain on-campus users, a signed Journal Voucher may be the equivalent of a deposit. v. Special events, such as events sponsored by the City of Brookings, the Brookings School District, or other community organizations for which other accommodations in the surrounding area are not available or appropriate, shall be scheduled and permitted when the facility is available and not needed for other duly scheduled events or activities. vi. All PAC events and ticket sales are subject to the provisions of University Policy 5:14, Event Ticket Sales and Accessible Seating and all other applicable University and SDBOR policies. f. Facility Use Agreement and Guidelines i. The PAC shall maintain a Facility Use Agreement, as well as Facility and Safety Guidelines to comply with the requirements of this policy and to set forth further details regarding facility use. ii. All PAC Facility Use Agreements shall be issued for specific day, date, and times. All said agreements shall include an expiration date and must be returned promptly with the deposit (if applicable) to avoid cancellation of the contract offer or forfeiture of a hold. The standard expiration date shall be fourteen (14) business days from issuance of the agreement. iii. All food services at the PAC must be contracted or approved through University Catering. Any waivers to this section must be approved by the Vice President for Student Affairs, or designee. Selected categories of waiver requests are automatic and do not require formal approval by the Vice President for Student Affairs, or designee. 1. Automatic Waiver: Food and beverages furnished by the families, schools, or booster clubs of K-12 students participating in a supervised activity taking place in the facility do not require approval (e.g. snacks for participants in an honors band event). Similarly, food and beverages furnished to University student performers in the green room, costume shop, make-up room, or other rehearsal spaces do not require approval. 2. Donation Waiver: Food and beverages furnished at no cost by a forprofit entity will typically be approved as long as the amount and frequency of donated items do not constitute the business providing the donation becoming a regular caterer into the PAC. 3. Selected Menu Item Waiver: Food and beverage substitutes in an event otherwise catered by the University s food service provider will typically be approved as long as the substitutions are limited. (e.g. a wedding cake Performing Arts Center Page 3 of 5
featuring a cake, mints, or other food/beverage item provided by a friend of the couple). 4. Periodic Waiver: To provide access to other Brookings area businesses, events catered entirely by outside vendors will be permitted not less than two (2) times per semester. 5. Individual Request Waiver: Special requests for outside providers of food and beverage may also be made on an individual basis and will be evaluated and approved, modified, or turned down by the Vice President for Student Affairs, or designee. 6. Annual Review: The Dean of the College of Arts and Sciences and the Vice President for Student Affairs, or their designees, and personnel of the PAC and Dining Services will meet with the Performing Arts Center Advisory Committee annually to determine the effectiveness of this policy. 7. Risk Assumption: A disclaimer assigning all liability for the provision of outside food for any of the waivers described above will be part of the facility reservation process. This disclaimer will assign the liability for any food borne illness or other injury or claim related to food to the individual or entities using one of the waivers enumerated above. iv. All users are required to comply with University Policy 4:7, Drug Free Environment. g. Facility Use i. The University shall cooperate with city and school district officials and other organizations in the use of the PAC for major spectator events or other activities to the extent that such comply with University policies, do not cause hazards to the maintenance of the facility and do not conflict with regularly scheduled University events or activities. ii. Any use by the City of Brookings or the Brookings School District shall not result in any liability to the University, the SDBOR, or the State of South Dakota arising from the use of the facility, and such liability shall be the responsibility of the sponsors of any such event or activity scheduled for the facility. iii. Facility users shall not alter, repair, add to, deface, improve, or in any way change the premises in any manner whatsoever, without the prior written consent of the Director of Operations of the PAC. The premises shall be maintained and vacated, as and when required, in as good condition as it is upon entry of the user therein, depreciation for reasonable wear and tear excepted. iv. The University reserves the right to eject, or cause to be ejected, from the premises any person or persons failing to follow reasonable directives or general policies. The University assumes no liability any facility users for any damages that might be incurred through the execution of this right. Performing Arts Center Page 4 of 5
3. Procedures v. Final determination of security needs shall be made by the Office of Safety and Security. If a Facility Use Agreement requires security, the contracting party shall notify the Director of Operations of the PAC for approval before securing outside security agencies. vi. Except for Service Animals, as defined in 28 C.F.R. 35.104, while they are assisting individuals with a disability, as defined by the Americans with Disabilities Act, and animals required as part of a performance, animals are not allowed in the PAC. The Director of Operations of the PAC must be notified in advance of a production requires the use of animals so that necessary arrangements and precautions, including reasonable accommodations, may be taken. vii. PAC facility use is subject to the provisions of SDBOR Policy 6:13, Facilities Use by Private Parties, as well as all other applicable laws and policies. a. Requests for use of the PAC may be made by contacting the Director of Operations of the PAC, successor, or designee. All requests are subject to availability and approval by the Director of Operations of the PAC. b. The requester will be furnished Facility and Safety Guidelines and a Facility Use Agreement, which must be completed and returned to the PAC within 14 days. The deposit amount will be set forth in the Facility Use Agreement, and the deposit must be submitted with the contract to place a permanent hold on a date. c. The Director of Operations of the PAC, or designee, will be available to assist users in the completion of the contract and planning technical needs within the Facility Guidelines. 4. Responsible Administrator The Provost and Vice President for Academic Affairs, successor, or designee is responsible for biannual and ad hoc review of this policy its procedures. The University President is responsible for approval of this policy. SOURCE: Approved by President on 10/15/2017. Performing Arts Center Page 5 of 5