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Policy - Facility Allocation - 20240228 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Policy Community Services Contact: Manager, Business Support Approval Authority: Council Effective: February 28, 2024 ______________________________________________________________________________________ Facility Allocation Purpose To provide transparency and structure for user groups and individuals pertaining to the fair allocation and use of Town owned and/or operated facilities. To ensure consistency in the programming and ongoing use of the Town’s facility inventory; both municipally owned and/or managed facilities. To provide a framework and consistent approach to the ongoing and occasional use of the Town’s community spaces in a fair and equitable manner. To ensure that the Town’s investment in community spaces is managed in the best interest of all users and the citizens of Aurora. To establish clear guidelines and communication between the Business Support Division, the Facility Management Division, Parks Division, and other internal stakeholders and/or the user group contact s. To accommodate the needs of a growing municipality and the increased demands on the Town’s community spaces. To clearly define the rules of use and procedures in maintaining compliance. Scope This policy is an amalgamation of the following policies, and replaces said policies: • Ice Allocation Policy (2017) • Room/Hall Permitting Policy (2018) • Sports Field and Park Use Policy (2020) This policy applies to all facility permit holders and all individual and/or user groups requesting use of Town owned and/or operated community spaces, including Town 2 staff requesting use of these facilities and Town staff responsible for the operation of these facilities. This policy applies to all Town owned/operated indoor and outdoor facilities, with the following exclusions: • Facilities whose use is governed by lease or other agreement. • Tannery Room and departmental meeting rooms at Town Hall and the Joint Operations Centre. Definitions Adult Organization A group that does not meet the requirements to be classified as a “Youth” organization. Aurora-Based A group that demonstrates that it meets the minimum requirements for its age category as follows: • For an Adult Organization, a minimum of 50% participation from Aurora residents or ratepayers from the Town of Aurora. • For a Youth Organization, a minimum of 70% participation from Aurora residents or ratepayers from the Town of Aurora. Director The Director of Community Services or his/her designate or successor. Facility Any Town owned and/or operated permittable space, not including the spaces identified as exclusions in the Scope. Junior Hockey Team An Aurora-based or regional representative Junior level hockey team. At the time of writing of this policy, the teams included are the Aurora Tigers Jr. A Hockey Club and the Central York Girls Hockey Association Panthers U22AA. Non-Profit Organization Any incorporated not -for -profit organization or registered charitable organization. Proof of status may be required at the discretion of the Director. Any group operating in the spirit of a non-profit organization may also qualify, provided that the group is willing to keep detailed financial records showing only incidental surplus revenue on an annual basis. Records for the previous year must be disclosed to the Town on an annual basis during the seasonal permitting period. 3 Normal Operating Hours The hours in which the facility is usually staffed and available for permitting. This may not coincide with normal business hours for Town operations within the facility. Permit Holder The organization, group or individual to which a facility rental permit has been issued, including any and all participants, volunteers, guests and invitees of the permit holder and their participants, volunteers, guests and invitees. Representative/Regional Organization An organization that does not meet the minimum participation required to be deemed Aurora-based but offers a particular program to Aurora residents that is not offered by an Aurora-based group. School Group A school group that is located in Aurora, including public, catholic, and private primary and secondary schools. Seasonal Permit Holder Refers to the organization, group or individual to which a seasonal facility rental permit has been issued, including any and all participants, volunteers, guests and invitees of the permit holder and their participants, volunteers, guests and invitees. A seasonal permit includes regular, repeating dates that spans the length of a season, or majority thereof. Town Refers to The Corporation of the Town of Aurora. Youth Organization An organization that demonstrates that it has a minimum of 80% participation of youth aged 17 or younger. Policy Allocation Procedures Submission of external requests All requests for use of facilities by individuals, businesses, community groups and all other requests other than from Town staff, shall be submitted to the Facility Bookings Administrator in accordance with annual or seasonal submission deadlines, and in no event later than two weeks prior to the permit date. Regardless of facility availability, requests submitted with less than two weeks’ notice may not be able to be accommodated. 4 Submission of annual and seasonal requests All seasonal facility requests shall be submitted in the format prescribed by the Facility Bookings Administrator, no later than the published deadline each year. Permit revisions received after the published deadline may not qualify for legacy rights. Designated permit holder contacts Prior to the issuance of a permit, individuals and user groups must provide to the Facility Bookings Administrator, the name, address, telephone number and email contact information of the individual to be named on the permit. This individual is responsible for all obligations of the Permit Holder in accordance with this policy, and other applicable Town policies, procedures, and by-laws. Changes or deletions and additions to any permit must be sent by the person to whom the contract was issued, unless written authorization has been received by the Facility Bookings Administrator including a list of persons authorized to do so. All user groups shall submit a list of executives, if any, including contact information, on an annual basis, within seven days following the election/appointment of the executives at the organization’s Annual General Meeting, or upon request of the Director. Any permit change requests as a result of a board changeover will be reviewed on a case-by- case basis to determine feasibility, if made outside the regular permit request schedule. Legacy Rights Legacy rights apply to the Town of Aurora or Aurora -based and Representative/Regional groups seasonal permit holders and annual special events/tournaments only. Due to the rotating ice maintenance schedule, legacy rights do not apply to spring/summer arena permits. Legacy rights do not apply to rooms and halls. All Aurora-based and Representative/Regional group seasonal permit holders will maintain their existing permit times on an annual basis, until such time as the permit holder surrenders that time, subject to availability. Times are approximate and do not guarantee a specific location. All reasonable efforts will be made to maintain time and location; however, the Town has the right to make adjustments to meet overall needs. Exceptions may be made at the mutual agreement of an existing permit holder and the Director for the release of permitted time on a one-time basis to accommodate the needs of another organization or for facilities re-allocated at the discretion of the Director. Allocation Priority The following allocation procedures apply only to new requests, time surrendered by an existing permit holder, or in the event that new facilities are made available. 5 The following allocation priority will be utilized for all seasonal requests submitted in accordance with seasonal permitting request procedures. In all other cases, permits will be issued on a first come first serve basis with the established priority ranking applied when deemed necessary by the Director. Facilities will be allocated in the following priority order: o Town of Aurora o Junior Hockey: Aurora Tigers Jr. A and Central York Panthers U22AA Elite (applies to ice rentals only) o 3rd Party Summer Camps booked in another facility at the same site (applies only to gymnasiums in the months of July and August) o Aurora-based non-profit youth o Representative/regional non-profit youth o Aurora-based non-profit adult o Representative/regional non-profit adult o Aurora School Groups o Aurora-based for-profit youth o Aurora-based for-profit adults o Representative/regional for-profit o Other groups and private individuals Any organization claiming either “Youth”, “Aurora-based”, or “Representative/Regional” status shall be required to submit membership data for the organization along with the request, and that data shall include: • Total number of players/participants. • Number of players/participants that resided in Aurora. • Number of players/participants aged 17 or under (if requesting “Youth” status) The membership data shall be in the form of a letter or email signed by the president of the sports organization and submitted to the attention of the Facilities Booking Administrator and shall be representative of the prior season. Organizations may also be required to provide additional information on request from time to time. Providing false information may result in the loss of current and/or future permits. Allocation Procedures Facility allocation shall be in accordance with the attached Allocation Procedures, as established under authority of the Director, at their discretion. Rental Periods Permits will only be issued for rental periods, as follows: • Minimum period of one hour, unless approved by Community Services; and 6 • Minimum increments of 30 minutes, unless approved by Community Services. Special Circumstances Community Services staff reserves the right to alter facility permits to accommodate special events, play-off requirements, tournaments, and for other special circumstances as may be required. Any such alterations will be done on a one-time basis and impacted permit holders will resume their legacy rights in the following season. In the event that the re-allocation of facility time is necessary, Community Services staff will work with the affected permit holder to re-allocate facility time in as fair a manner as possible and in an effort to minimize any impact. Fees and Charges 1. User fees shall be applied in accordance with the current Town of Aurora Fees and Charges By-Law applicable at the time of booking. 2. User fees reflect the hourly rates charged and include the costs associated with facility lighting, ongoing facility maintenance and repair, including various supplies required to operate the facility. User fees do not include additional services required by user groups. Additional set-up fees may be applied for extensive set-up requests. 3. Additional fees may be applied where required in accordance with this policy. 4. A deposit may be required at the time of booking to reserve the requested time. 5. Additional fees and/or security deposits will be applicable for special events, tournaments, and other special circumstances as determined by the Director. The amount of these fees shall be based on the actual cost incurred by the Town, and in accordance with the Fees and Charges By-law existing at the time of the special event/activity. Security deposits will be required for any booking that may incur additional costs due to damage, setup/cleanup etc. and are mandatory in some facility locations. 6. All fees and charges levied by third parties related to additional licences, permits, insurance or other requirements, are the sole responsibility of the permit holder and are not subject to refund or reimbursement by the Town under any circumstances. 7. All organizations will be issued a permit for the full amount of time that has been booked for the entire season of play. Selected permit holders may be issued monthly statements on the 1st of each month to each group and payments are due within 30 days of the issuance of each statement. Failure to remit payments on time may result in the cancellation of facility permits and/or reallocation of facilities to other user groups at the discretion of the Director. 8. Permits for a calendar year that are booked in the previous calendar year will be subject to any fee increases in accordance with the Town’s Fees and Charges By- law as may be approved by Council from time to time. Annual fee increases, if 7 applicable, are typically, but not always, approved in the Fall to become effective January 1st of the next calendar year. Facility Use Regulations 1. All classes of facilities will be scheduled for organized use by the Town of Aurora’s Facility Bookings Administrators based on the Town’s facility allocation criteria and upon receipt of the user group’s written facility permit request. 2. All permit requests beyond the normal opening or closing time of a specific facility are subject to the approval of the Director. 3. Permit holders must disclose any and all planned usage of the facilities when requesting a permit. The Town reserves the right to deny permits for any usage deemed by the Director to be potentially detrimental to the good and safe maintenance and condition of the facility, or to be inappropriate to be held within the facility. 4. All permits must be signed and returned to the Facility Bookings Administrator a minimum of 2 weeks prior to any facility usage. Failure to submit signed permit(s) will result in the group not being permitted to use the facility. In the event that a facility is booked less than 2 weeks in advance, the permit must be signed and returned prior to any facility usage. 5. All permit holders must abide by the terms and conditions outlined in the facility permit. 6. All permit holders must abide by the Town’s Municipal Alcohol Policy and all other applicable policies, procedures, regulations and legislation including, but not limited to those listed in the References section. 7. Permit holders are required to follow the direction of Town of Aurora staff regarding the use of Town facilities and the conduct of all participants, staff, volunteers, guests and invitees of the permit holder at all times. 8. All permit holders shall remove from their permitted facility all garbage, refuse or debris. This includes but is not limited to rooms, hallways, sidelines, dugouts, player areas and spectator areas. Failure to do so may result in the permit holder being invoiced for the Towns costs to clean up the affected area. No further permits will be issued to the offending permit holder until payment has been received by the Town. 9. Damages to a playing surface and/or other area of the facility and restoration expenses incurred by the Town resulting from unauthorized use of the facility at any time will be assessed to the associated permit holder or to the affiliated organization of the permit holder. The amount of damages will be based on the time and materials required to repair the damages and any lost facility rental revenue resulting from the closing of the facility for repairs. All payments in relation to the above shall be paid in full prior to the permit holder’s further use of the facility or the re-issuance of facility use permits. 8 10. The Town of Aurora reserves the right to require police supervision or security staff at any event at the expense of the permit holder. The Town of Aurora reserves the right to require a Security Deposit for any event. The eligibility and the amount of the refund for a Security Deposit will be considered the week following the event. 11. Sub-leasing or booking of facilities by the permit holder to a third party will not be permitted under any circumstances. Any and all agreements to permanently or temporarily release permitted time to another user group shall be administered by the Facility Bookings Administrator, subject to the approval of the Director. No user group shall be permitted to use any facility without a permit being issued in that user group’s name. 12. Should it be determined that there is unauthorized use of facilities by a permit holder, or being permitted by a Permit Holder, the Town reserves the right to suspend or refuse renewal of the Permit Holder’s permits indefinitely. Upon confirmation of unauthorized use of a facility the associated Permit Holder or user group may be fined a financial penalty based on 10 times the normal hourly rental rate of the facility. The penalty shall be paid in full prior to the issuance of any further facility use permits or any resumption of use by the affected user group. Cancellations 1. The Facility Bookings Administrator must be notified in writing at least 14 days in advance of any facility use cancellations to be entitled to a refund of the permit fees. Cancellations of any ice facilities are subject to a 20% cancellation fee if 14 days, or more, written notice is provided. No refunds shall be issued for any cancellations with less than 14 days’ written notice. Seasonal permits do not allow for individual date cancellations. 2. All internal Town of Aurora bookings for programs, special events or other initiatives will be cancelled a minimum of two weeks prior to the booking date for purposes of operational scheduling and re-permitting the facility. 3. Any group or individual that commits two (2) “no-shows” may be subject to cancellation or denial of future permits, at the discretion of the Director. 4. Weather related cancellations or facility closures will not constitute cause for a refund of user fees for lost time experienced by the permit holder. The Town will accept requests from the permit holder that have been impacted by a facility weather event closure to reschedule lost playing time at no additional cost to the affected group(s), provided the request is sent within 48 hours of the weather event. For individual bookings that cannot be reasonably rescheduled due to the nature of the activity or availability of suitable facilities, refunds may be provided at the discretion of the Director. 9 References • Arena Allocation Procedure • Baseball Diamond Allocation Procedure • Court (Pickleball and Tennis) Allocation Procedure • Field Allocation Procedure • Park Allocation Procedure • Room/Hall Allocation Procedure Other regulations, policies, and procedures applicable to facility permits, include but are not limited to: • Fees and Charges By-law • Municipal Alcohol Policy • Third Party Events in Outdoor Town Facilities Policy • Health Protection and Promotion Act, R.S.O. 1990, c. H.7 • Liquor Licence Act, R.S.O. 1990, c. L.19 • Liquor Control Act, R.S.O. 1990, c. L.18 • Gaming Control Act, S.O. 1992, c. 24 • Council Chambers and Holland Room Use Policy • Smoke-Free Ontario Act, S.O. 1994, c. 10 • Parks By-law • Noise By-law Review Timeline This policy will be reviewed 2 years after the initial approval date.