Rental rates for nonprofits at city venues

(a) Nonprofit fixed rental. (1) The department of enterprise services has established nonprofit fixed rental rates at the Neal Blaisdell Center Arena, Concert Hall, Pikake Room, and Tom Moffatt Waikiki Shell equivalent to the applicable use day operating cost for facilities rentals of any week. Rates will be adjusted annually at the beginning of each fiscal year commencing on July 1, 2011 in accordance with the rate schedule in this section below until the nonprofit fixed rental rate for the facilities identified is equivalent to, but no more than, the use day operating cost for the appropriate facility. After attainment of such coverage, the department will conduct a use day operating cost review on a biennial basis thereafter and undertake rental adjustment through the adoption of rules pursuant to HRS Chapter 91 to maintain the nonprofit rental rates at the use day operating cost described herein. (2) Nonprofit fixed rental from July 1, 2011 through July 1, 2015. Facility/Day From July 1, 2011 to June 30, 2013 From July 1, 2013 to June 30, 2015 From July 1, 2015 Facility/Day From July 1, 2011 to June 30, 2013 From July 1, 2013 to June 30, 2015 From July 1, 2015 Arena—Performance day $3,459 $3,623 $3,788 Arena—Nonperformance day $1,730 $1,812 $1,894 Concert Hall—Performance day $1,936 $2,028 $2,121 Concert Hall—Nonperformance day $968 $1,014 $1,061 Exhibition Hall—Performance day $2,258 $2,365 $2,473 Exhibition Hall—Nonperformance day $1,129 $1,183 $1,237 Pikake Room—Performance day $626 $656 $685 Pikake Room—Nonperformance day $313 $328 $343 Tom Moffatt Waikiki Shell Performance day $1,422 $1,489 $1,557 Nonperformance day $711 $745 $779 (3) The nonprofit organization shall pay the nonprofit fixed rental rates, reduced rental rates, or deposit, as applicable, for each day of use. The percentage rental rates as set forth in § 38-7.1 (b)(2), shall apply to a nonprofit organization, except for the rental of the concert hall for which the additional rental charge shall be 5 percent of the gross receipts in excess of $40,250 as established in § 38-7.1 (b)(2)(C). (4) Public educational institutions or private educational institutions which are licensed by the State department of education and qualify as nonprofit organizations shall pay the nonprofit fixed rental rates, reduced rental rates, or deposit, as applicable, for each day of use; provided that the activity or the sponsored program which takes place at the center is an integral part or extension of an established school curriculum, including but not limited to athletic, musical, cultural (plays and dramas), social (school dances or graduation exercises), and educational (lectures and seminars) activities; provided further, that this exception shall not be available if the activity or program is primarily for fundraising purposes. Any activity or program shall be deemed primarily for fundraising purposes when the funds raised through admissions, donations, or gifts or other things of value exceed the cost of sponsoring the activity or program at the center or exceed the amount budgeted for the curriculum activity or program for which the center was rented. The percentage rental rates, as set forth in this section or § 38-7.1 (b)(2), shall apply to a nonprofit organization, except for the rental of the concert hall for which the additional rental charge shall be 5 percent of the gross receipts in excess of $40,250. (b) (1) Any nonprofit organization renting the concert hall for 21 or more consecutive days shall pay the minimum rental due for that rental period as specified in subsection (a) plus 5 percent of gross receipts for the rental period in excess of $250,000. (2) Any nonprofit organization that rents the concert hall and qualifies for the rental adjustment contained in subsection (b)(1) may, before receiving a signed contract from the city, or with their agreement after receiving a signed contract from the city, be displaced from the contracted date by the department of enterprise services to allow the use of the facility by another tenant that will provide an event that offers greater financial benefit to the department; be of large public appeal; and offer an attraction to the community that would not otherwise be presented without the availability of the concert hall. If a nonprofit organization is displaced as described above, the nonprofit organization shall be given replacement use of the Tom Moffatt Waikiki Shell, but at the same not-for-profit rate as is established here for the Concert Hall. )