MEMORANDUM
To: All Persons Interested In Reserving Tower Theatre
From: Ruth F. Quinto, CPA, Assistant City Manager
Date: September 29, 2022
Re: Tower Theatre located at 809 East Olive Avenue, Fresno, CA 93728; Reservation Policy
To Whom It May Concern:
To Whom It May Concern:
The City of Fresno (the “City”) closed escrow to purchase the historic Tower Theatre (“Theatre”) on July 22, 2022. The City’s safety inspection is completed and reservations of the Theatre may be made for future dates that are not already booked or reserved by other performances by the Theatre operator.
RESERVATION POLICY
Theatre use shall be consistent with Chapter 5 – City Facilities of the Fresno Municipal Code. Where the definition “Center” is used in that chapter, “Center” shall include the Theatre use under this policy. All requirements of Chapter 5 of the municipal code shall be met for the use of the Theatre. The following policies shall also apply.
A. Non-Discrimination Requirement & Open Access to the Theatre:
Any person, entity or group desiring to reserve the Theatre shall not employ discriminatory practices in the provision of its performance, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, or status as a disabled veteran or veteran.
Any person, entity or group desiring to reserve the Theatre shall comply with all applicable laws and regulations including all federal, state and local laws and city ordinances. All legal requirements shall be complied with providing that no person, entity or group shall, on the grounds of race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran be excluded from participation in, be denied the benefits of, or be subject to discrimination during any performance or activity at the Theatre.
This section shall not apply to any protected free speech or expression under applicable law.
The City reserves the right to deny use of the Theatre to any person, entity or group that violates this policy, applicable law and/or the City’s municipal code. Any determination by the City to deny use of the Theatre can be appealed to the City Manager (or their designee) and the decision by the City Manager or their designee shall be based only on the criteria in this policy, applicable law and the requirements of the City’s municipal code. The decision by the City Manager (or their designee) shall be final and subject to judicial review no later than ninety (90) days of that decision pursuant to Code of Civil Procedure section 1094.6 and all other applicable law. Failure by any person, entity or group to follow this required appeal process is a waiver of their legal claims to use the Theatre.
B. Reservation Fees & Procedures:
All charges are as set forth in the City’s Master Fee Schedule and all events must meet all applicable insurance requirements.
Event reservations for the Theater can be made in-person or by phone by contacting the Tower Theatre at (559) 485-9050 or by contacting Special Events at (559) 621-2916 Monday through Friday, 8 a.m. to 5 p.m.
Payments can be made with the Tower operator online, by phone or in person.
Please contact the PARCS Department at (559) 621-2900, if you have any problems or questions regarding the calendar and availability.
C. Storage of Property:
Starting on the Effective Date, no person, entity or group shall store any property at the Theatre without the City’s written authorization. Should any person, entity or group store property at the Theatre without the City’s permission, then that person, entity or group is not permitted to reserve the Theatre for future use. The City also reserves its rights to charge a property storage fee in addition to all other legal rights under applicable law.
Any person, entity or group desiring to appeal said decision by the City shall follow the mandatory appeal process through an appeal to the City Manager (or their designee) and the decision by the City Manager or their designee shall be based only on the criteria in this policy, applicable law and the requirements of the City’s municipal code. The decision by the City Manager (or their designee) shall be final and subject to judicial review no later than ninety (90) days of that decision pursuant to Code of Civil Procedure section1094.6 and all other applicable law. Failure by any person, entity or group to follow this required appeal process is a waiver of their legal claims concerning this matter.
D. Interpretation of this Policy:
The City reserves the right to modify this policy in writing, with public notice and as needed for the Theatre. Should any portion of this policy be challenged in court and if a court finds that policy cannot be enforced, the intent of the City is that the remainder of this policy will remain in full force and effect. Nothing herein shall be interpreted in a manner that is inconsistent with applicable federal, state and local laws.
Should you have any questions, please contact Assistant City Manager Ruthie Quinto at the City of Fresno.