Authority to Fix Charges for Use; Use of Earnings; Terms and Conditions for Use of Project; Contract Required; Penalty for Violation of Commercial Activity Prohibition

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Geo. L. Smith Ii Georgia World Congress Center
  5. General Provisions
  6. Authority to Fix Charges for Use; Use of Earnings; Terms and Conditions for Use of Project; Contract Required; Penalty for Violation of Commercial Activity Prohibition

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  1. The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or the facilities or part thereof or combination thereof, and for the goods and services provided by the authority in connection with such use, as the authority may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same, and to establish and to perform and pay any obligations established under such other terms, conditions, and considerations as the authority and any such tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor shall determine necessary or appropriate. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or facilities or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the authority, if any, to pay the cost of acquiring, constructing, equipping, maintaining, repairing, and operating the project or facilities, including the payment of debt service with respect to any revenue bonds issued under Article 3 of this chapter or other indebtedness and the payment or performance of contractual obligations incurred or undertaken by the authority and the establishment of reserves for debt service for such revenue bonds or for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project.
  2. The authority may establish the terms and conditions upon which any lessee, sublessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor shall be authorized to use the project as the authority may determine necessary or appropriate. The authority may by contract require any such person or entity to indemnify and hold harmless the authority and its officers, agents, or employees from the claims for personal injury or property damage or loss of such person or others employed by or admitted to the project or any of its facilities by such person arising out of or in connection with such use of the project from any cause, including negligence of the authority, its officers, agents, or employees, notwithstanding any other provision of law, including but not limited to subsection (b) of Code Section 13-8-2.
  3. A contract between the authority and any tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor and any consent otherwise granted by the authority for the use of or conduct of any activity within any project of or under the control and management of the authority shall not be exercisable or enforceable against the authority without the consent of the authority by any person except the person named in such contract.No such contract or consent shall be assignable or transferable to any other person without the consent of the authority.
  4. The authority shall have the power to adopt reasonable rules and regulations governing the use during an event period of sidewalks and public streets immediately adjacent to any project of or under the control and management of the authority so as to ensure the safe and orderly operation of the project and such areas, to prevent disruption of and interference with the conduct of such event, and to prevent public solicitation or public distribution of literature which is competitive with the activities of the person to whom the authority has granted the right to conduct such event.
  5. No person shall be authorized to engage publicly in any commercial activity or sale of goods or services, the public solicitation of commercial activity or the sale of goods or services, or begging, panhandling, or other public solicitation of funds for any purpose or the public distribution of literature within the boundaries of any project of or under the control and management of the authority without the prior express written consent of the authority and then only in accordance with the consent so given.
  6. No person shall be authorized to engage during any event period in any public commercial activity or the sale of goods or services, the public solicitation of commercial activity or sale of goods or services, or begging, panhandling, or other public solicitation of funds for any purpose, or the public distribution of literature upon or within sidewalks or public streets adjacent to any project of or under the control and management of the authority without the prior written consent of the authority and then only in accordance with the consent so given.
  7. Any person who shall violate the provisions of subsection (e) or (f) of this Code section shall be guilty of a misdemeanor.
  8. As used in this Code section, "event period" means the period on any day on which an event has been scheduled by or under contract with the authority within any project of or under the management and control of the authority beginning two hours prior to the scheduled start of such event on that day and ending one hour after the closing of such event on that day.
  9. The provisions of this Code section are cumulative and shall not be in derogation of the rights and powers of the authority to control access to and use of any project of or under the control and management of the authority or applicable civil or criminal remedies or penalties otherwise provided by law.

(Ga. L. 1974, p. 174, § 11; Code 1981, §10-9-10; Code 1981, §10-9-14, enacted by Ga. L. 1982, p. 1122, § 1; Ga. L. 1988, p. 556, § 3; Ga. L. 1989, p. 1195, § 5; Ga. L. 1991, p. 1093, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, the correct spelling of "concessionaire" was substituted in the first sentence of subsection (b).

Pursuant to Code Section 28-9-5, in 1991, "transferable" was substituted for "transferrable" near the end of subsection (c) and "to" was inserted preceding "conduct" near the end of subsection (d).

OPINIONS OF THE ATTORNEY GENERAL

Constitutionality.

- O.C.G.A. § 10-9-14, and in particular subsections (d), (e) and (f), empowering the authority to regulate activities on the sidewalks and streets immediately adjacent to the World Congress Center's projects during an event period do not violate the City of Atlanta's home rule power under Ga. Const. 1983, Art. IX, Sec. II, Para. III(c) and O.C.G.A. § 36-35-3(a). 1994 Op. Att'y Gen. No. U94-4.

RESEARCH REFERENCES

ALR.

- Laws regulating begging, panhandling, or similar activity by poor or homeless persons, 7 A.L.R.5th 455.


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