(A) A request for a permit for use of capitol buildings or grounds shall be submitted in writing on a form provided by the board to the board no less than fifteen days prior to the event. For good cause shown, requests may be submitted within less than fifteen days prior to the event. The written request shall contain the following information on forms provided by the board:
(1) The name of the applicant;
(2) The date, time, duration and nature of the proposed event;
(3) The specific requested location for the event;
(4) A statement of equipment and facilities to be used;
(5) The approximate number of persons expected to attend;
(6) The name, address, and telephone number of the individual or organization primarily responsible for organizing the event and responsible for payment of fees and costs;
(7) The certificate of proof showing that the internal revenue service has determined the applicant's organization as a non-profit (501(c)(3)) entity, if applicable; and
(8) A statement, signed by the individual or an individual representing the organization referred to in paragraph (A)(6) of this rule, indicating that the individual has read and understands the permit application and rules 128-4-01 to 128-4-05 of the Administrative Code and that the person, or the organization he or she represents, agrees to abide by all the regulations and requirements therein, including but not limited to the indemnification requirement stated in paragraph (J) of this rule and the requirements in paragraphs (G)(1) to (G)(10) of rule 128-4-03 of the Administrative Code. In addition to the written request referred to in paragraph (A) of this rule, the permit applicant shall tender the amount of the fee and bond requirement for the permit, as specified in paragraphs (C) and (D) of this rule.
(B) The board shall act on the request within ten days. On written notice to the applicant, the board may extend the time an additional ten days. If the applicant has requested a waiver of the fifteen-day submission deadline in paragraph (A) of this rule, and the ten-day time for action would extend beyond the time for the event, the board will make all reasonable efforts to act upon the request in time for the event. If the request is denied, the board shall promptly notify the applicant of the reason for the denial and inform the applicant of the right to appeal under rule 128-4-04 of the Administrative Code.
(C) The board may establish a reasonable fee to cover the administrative cost of issuing a permit. The fee may be waived for good cause shown.
(D) To protect the condition of the capitol buildings or grounds and ensure the safety of all persons, the board may require a cash bond of one thousand dollars or more to be provided by the permit holder if the event involves the use of equipment, structures, vehicles, banners or signs to be placed on or attached to the capitol buildings or grounds. In lieu of a bond, the permit holder may elect to obtain a letter of credit equal to the amount of the required bond. The bond or letter of credit shall indemnify the state of Ohio, against danger, or destruction to, or theft of state property arising in connection with or as a result of the activity of the organization, participants or spectators. Such bond or letter of credit will be refundable after the use if the organization has complied with all the terms and conditions of the permit.
(E) The need for supplemental accommodations such as electricity, water, equipment, facilities, maintenance and security personnel will be determined by the board. Supplemental accommodations will be provided for by the board or upon request, for a fee. The permit holder will be notified of any supplemental fees prior to the scheduled date of the activity.
(F) The permit holder is deemed to know of and understand, and shall follow all applicable local, state or federal laws, rules or regulations, including rules 128-4-04 and 128-4-05 of the Administrative Code.
(G) The permit holder shall maintain the capitol buildings or grounds in a responsible manner during the term of the permit, keeping them clean and free of debris and damages. The permit holder will be responsible for any actual costs or damages incurred by the board as a result of the permit holder's use of capitol buildings or grounds.
(H) The issuance of a permit by the board for use of capitol buildings or grounds shall not imply endorsement or approval by the state of Ohio of the actions, objectives, or views of the permit holder.
(I) Denial and cancellation-- violation of any term or condition established by rules 128-4-01 to 128-4-05 of the Administrative Code and the permit is prohibited and may result in the suspension or revocation of this permit. The board reserves the right to deny or cancel any permit when permit fees or supplemental accommodations costs are not submitted to the board within three business days of the scheduled activity.
(J) Liability--any individual or organization permitted to use the capitol buildings or grounds is deemed to agree to indemnify the state of Ohio, from and against all claims, demands, actions or causes of action, together with any and all losses, costs or related expenses asserted by any group or persons for bodily injury or damage to property arising out of or in any way connected with the use of the capitol buildings or grounds.
(K) Should two or more requests for use of the capitol buildings or grounds be made for the same time and the same area, the board will schedule the use on a first-come, first-serve basis, unless the events reasonably allow multiple occupancy of the requested area.
(L) Board rules may be waived by the board, with the approval of the board, for good cause shown. Any person wishing to obtain a waiver of these rules must contact the board, in writing, within a reasonable time in advance of the event.
(M) The board reserves the right to amend these rules for the granting of permits when the board deems it appropriate to do so.
Five Year Review (FYR) Dates: 07/17/2019
Promulgated Under: 111.15
Statutory Authority: 105.41
Rule Amplifies: 105.41
Prior Effective Dates: 10/29/93, 3/15/97, 10/24/05, 12/22/08, 7/18/14