W. Va. Code R. § 141-79-VII

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 141-79-VII - FEES FOR USE OF ARMORY

1. Upon appointment of the Managerial Committee by the Adjutant General for each armory, the Committee shall draw up a Schedule of Fees for the use of the armory, to include a general statement of policy as to what uses will be rent-free. (Appendix 1) Such schedule will be submitted to the Adjutant General for approval, and when approved, it will become an Appendix to this regulation and will be the official Schedule of Fees to be charged for the use of that armory. No deviation shall be made from the Schedule of Fees for the use of the armory without prior approval of the Adjutant General. However, the Managerial Committee shall review the Schedule of Fees from time to time and shall make recommendations for any changes to such schedule and submit same to the Adjutant General at any time, and when approved, shall be posted as a change to the appropriate Appendix. Schedules will be reviewed and submitted for approval at least annually.

2. Fees for the use of the armory shall be divided into two parts, as follows:

a. Rent

b. Operating Charges

3. Rent: For the use of an armory, rent shall be sufficient to cover the use of the facilities for the activity contemplated, but shall not be set so high as to deter the use of the armory by the public. The Managerial Committee may use the following as a rule of thumb in determining the amount of rental:

a. A fee of 20 cents per person or 10 % of the admission charge exclusive of taxes, which ever is greater, for each person attending an athletic contest or other event or use of the armory to which admission is charged. Only persons competing or participating in such contest or event and persons employed in connection therewith shall be excluded in computing the number of persons attending.

b. For all events or use of the armory to which rio admission is charged, a flat fee based upon at least 20 cents per person for the number of persons who would normally use the type of facilities required and the activity contemplated plus 5% of the gross revenue, collected upon sales realized from the sale of concessions, programs, souverurs, and other articles, exclusive of sales taxes, during the use of the armory whether rental is by flat fee or on percentage.

4. Operating Charges: Operating charges shall be sufficient to cover the services of the armory caretaker, the cost of utilities and supplies, extra employees necessary for the janitorial or other services in coimection with the use of the armory, clerical fees, and an amount for the use of the Managerial Committee in defraying incidental armory expenses.

a. The charge for the caretaker or Guard representative shall be sufficient to cover his or her services in setting up the armory for public use, being present during such use for the safeguarding of State and Federal property, and cleaning up and restoring the facilities to proper order after the public use. Charges for services which he/she performs during his/her normal work hours, for which he/she is paid normal salary, shall be remitted to the Adjutant General as a part of the operational charge. For services performed at times other than his/her normal working hours, wages shall be paid directly to the caretaker or representative as an extra compensation for overtime worked. This will be listed on rental agreements under Caretaker or Extra Help. The caretaker shall be paid one and one-half (1-1/2) times his/her regular hourly rate when required to work a public rental beyond his/her regularly scheduled 40 working hours per week. This rate will apply to the caretaker when working in any capacity (caretaker or extra help). This rate may not apply to individuals other than the caretaker. Separate rates may be established for representatives and extra help other than the caretaker.

b. The cost of utilities coiisumed during the public use of the armory shall be computed on a realistic basis. Included in this will be the cost of cleaning and maintenance.

c. To defray incidental expenses of the Managerial Committee, not to exceed 20 % of the total fee for the use of the armory shall be added to the operating charge.

d. The actual cost of extra help and other direct costs incurred in connection with a particular use shall be, included as part of the operational charge.

W. Va. Code R. § 141-79-VII