Section 0690-06-01-.04 - PROCEDURES FOR RESERVING THE PLAZA OR COURTYARD(1) The Department of General Services may allow persons and groups to reserve areas of the Plaza and Courtyard. Reservations give persons and groups planning events on the Plaza and Courtyard the assurance that they will have access to, and exclusive use of, a predetermined area for a predetermined amount of time. The exclusive use of the permitted area must comply with all of the conditions of these rules, and shall not unreasonably interfere with the general public's use of areas not subject to the reservation. Additionally, the reservation process provides persons and groups planning events a procedure to obtain the proper approvals and permits necessary to carry out the activities described in rules 0690-06-01-.03(1)(d), (e), (f), and (g). (a) Persons or groups seeking to reserve areas of the Plaza and Courtyard must submit a written application and an administration fee in the amount of sixty-five dollars ($65.00) per reservation day to the Department of General Services.1. This application is available upon request from the Department of General Services' website, or by contacting the Department of General Services at: Department of General Services
312 Rose L. Parks Ave., 22nd Floor
Nashville, TN 37243
615.741.2228
2. The address and phone number for the Department of General Services provided in rule 0690-06-02.04(1)(a)(1.) may be changed with notice placed on the Department of General Services' website.(b) Applications to reserve the Plaza and Courtyard are subject to written approval by the Department of General Services. The decision to approve an application to reserve the Plaza or Courtyard will be based upon a determination that public health and safety, natural or cultural resources, implementation of management responsibilities, proper allocation and use of facilities, public enjoyment of the grounds, and the avoidance of conflict among visitor use activities will not be adversely impacted.(c) The Department of General Services may also deny an application to reserve the Plaza or Courtyard on any of the following grounds:1. The application for reservation (including any required attachments and submissions) is not fully completed and executed;2. The applicant has not tendered the required application fee with the application or has not tendered the required indemnification agreement or insurance certificate;3. The application for reservation contains a material falsehood or misrepresentation;4. The applicant is legally incompetent to contract or to sue and be sued;5. The applicant or the person, on whose behalf the application to reserve was made, has on prior occasions damaged the Plaza or Courtyard;6. The applicant has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of a prior reservation issued to, or on behalf of, the applicant;7. The proposed use or activity would present an unreasonable danger to the health or safety of the applicant, other users of the Plaza and Courtyard, or the public; and8. The use or activity intended by the applicant is prohibited by state or federal laws or administrative rules promulgated thereunder.(d) If an application to reserve the Plaza or Courtyard is denied, the Department of General Services may suggest alternative times, dates and locations.(e) Any applicant, whose application for reservation is denied, may file an appeal to the Commissioner of the Department of General Services within fourteen (14) days after the denial. The applicant may appeal an adverse ruling by the Commissioner by petitioning the Chancery Court for Davidson County, Tennessee for Writ of Certiorari (See T.C.A. § 27-8-101).(f) Since the areas available for events are limited and the demand is, at times, high, it is recommended, but not required, that requests be made at least one month in advance. The Department of General Services shall decide whether to grant or deny an applicant's request for reservation within fourteen (14) days after receipt of a fully completed application, unless, by written notice to the applicant, the Department of General Services extends the period an additional fourteen (14) days. 1. Requests for information about reserving use of the War Memorial Courtyard or Plaza in conjunction with the rental of the War Memorial Auditorium should be made to: Tennessee Performing Arts Center ("TPAC")
505 Deaderick Street, 3rd Floor
Nashville, TN 37243
615.782.4000
2. Requests for information about reserving use of the War Memorial Courtyard or Plaza not in conjunction with the use or the rental of the War Memorial Auditorium should be made to: Department of General Services
312 Rose L. Parks Ave., 22nd Floor
Nashville, TN 37243
615.741.2228
3. The addresses and phone numbers for TPAC and the Department of General Services provided in rules 0690-06-02.04(1)(f)(1.) and (2.) may be changed with notice placed on the respective entity's website.(2) The following procedures shall be followed in the administration and operation of the Plaza and Courtyard for persons and groups seeking to reserve parts of the Plaza and Courtyard: (a) In the case of fire, bomb threat, utility malfunction, structural failure, severe weather or other unforeseen emergency or threat to public safety or health, the Capitol Facility Administrator may cancel, delay or postpone any scheduled event until the emergency or threat no longer exists.(b) Persons or groups reserving use of any area of the Plaza or Courtyard shall either: (1) indemnify and hold harmless the State of Tennessee, its departments, agents and employees from and against any and all suits, damages, claims and other liabilities due to personal injury or death, damage to or loss of property to the State and to others, and for any other injury or damage arising out of or resulting from the use of the Plaza or Courtyard; or, (2) agree to carry $1,000,000.00 general liability insurance naming the State of Tennessee, Department of General Services, as an additional insured in said policy.(c) Food and beverages may be served at a reserved event provided that the following criteria are met:1. The applicant receives prior written approval from the Department of General Services to serve food or beverages;2. The applicant specifies in writing, prior to the event, the type of food and beverages to be served and the desired service area;3. The applicant assumes responsibility for the preparation, service, and consumption of all food and beverages provided during the event, as well as clean-up following the event;4. The food and beverage service will not result in physical or aesthetic damage to the Plaza or Courtyard; and5. Alcoholic beverages may only be dispensed or consumed on the Plaza or Courtyard, if all permits required by state and local law have been obtained and prior written approval has been granted by the Department of General Services.(d) If equipment for an event is required by the applicant, the applicant may notify the Capitol Facility Administrator's Office which has limited equipment for use at events on the Plaza or Courtyard. Arrangements may be made for the Capitol Facility Administrator to provide such equipment, if available, upon payment of reasonable charges by the persons or groups responsible for the event. Otherwise, equipment shall be provided by the persons or groups sponsoring events. Persons or groups planning to bring equipment onto the Plaza or Courtyard for an event must receive prior written approval from the Capitol Facility Administrator for both the equipment and its location. Persons or groups using the equipment of the Capitol Facility Administrator's Office are responsible for any damage to, or loss of, that equipment.(e) All items, materials, and food must be removed promptly after an event by the person or group holding the event. Equipment or structures of any kind that are placed on the Plaza or Courtyard in connection with an event shall be removed at the conclusion of the event by the persons or group holding the event.(f) The Department of Safety is responsible for providing security of the Plaza and Courtyard. (See T.C.A. § 4-3-2006). The Department of Safety may require, based on reasonable concerns for public health and safety, persons or groups planning an event to pay the cost of security, which will be based upon the size and scope of the event. If security is deemed necessary, the Department of Safety will determine whether security should be provided by State Troopers or by private security guards duly licensed by the State of Tennessee. Security must be on duty one-half hour prior to an event opening until one-half hour after the event closes. The cost of this security, provided by either State Troopers or by private security guards, shall be paid by the persons or groups holding the event.(g) No charges will be made to persons or groups for use of the Plaza and Courtyard other than fees charged for an application to reserve use of the premises, the use of equipment, power and labor to set-up the event, operation and removal of equipment, security, and the repair of any damage to the Plaza and Courtyard by the persons or groups during the event.Tenn. Comp. R. & Regs. 0690-06-01-.04
Original rule filed August 22, 2012; effective November 20, 2012.Authority: T.C.A. §§ 4-3-1105(8), (11), and (12), and 4-3-2006(a)(2).