2. City Council Staff Report (Feb. 29, 2021) — Anaheim City Council, September 26, 2023

CITY COUNCIL AGENDA REPORT
City of Anaheim

OFFICE OF THE CITY ATTORNEY
201 S. Anaheim Blvd.

Suite # 356
Anaheim, CA 92805
Tel: ( 714) 765- 5169
Fax: ( 714) 765- 5123
www. anaheim. net
DATE: FEBRUARY 9, 2021
FROM: OFFICE OF THE CITY ATTORNEY
SUBJECT: REVISIONS TO CITY TICKET POLICY
ATTACHMENT ( Y/ N): YES ITEM # 02
RECOMMENDATION:

That the City Council, by Motion, approve modifications to the City’ s Ticket Policy to reflect regulatory changesmadeby the Fair Political Practices Commission (“ FPPC”).

DISCUSSION:

In 2019, the FPPC updated certain regulations that specify the criteria necessary for a ticket policy that allows for the distribution of tickets without them being treated as gifts. These changes require two modifications to the City’ s Ticket Policy.

First, the FPPC regulations require that a ticket policy expressly prohibit the disproportionate use” (a term that is not defined) of tickets by any City official.

That prohibition has been added to the Ticket Policy as Section 3.4.

Second, the FPPC regulations provide that if a ticket does not have a printed face value, its fair value must be usedfor reporting and other purposes. This change has been made throughout the Ticket Policy, and a definition of fair value has been addedto Section 2 of the Policy.

IMPACT ON THE BUDGET:

Approval of the revised policy will have no budgetary impact.

Respectfully submitted, Concurred by,
Robert Fabela Tom Morton
City Attorney Executive Director
Convention, Sports & Entertainment
Attachments:

1. Ticket Policy ( with proposedchanges - redlined)

2. Ticket Policy ( clean version)

CITY OF ANAHEIM

TICKET POLICY

HONDA CENTER, ANGEL STADIUM, THE GROVE OF ANAHEIM, ANAHEIM

CONVENTION CENTER AND OTHER TICKETS PROVIDED TO THE CITY FOR

ENTERTAINMENT PURPOSES

1.0 Application of Policy.

1.1 This policy applies to tickets which provide admission to a facility or event for an entertainment, amusement, recreational or similar purpose, and are either:
a) gratuitously provided to the City by an outside source; b) acquired by the City by purchase;
c) acquired by the City as consideration pursuant to the terms of a contract for the useof a city venue; or
d) acquired and distributed by the City in any other manner.

1.2 This policy doesnot apply to any other item of value provided to the City or any City Official, regardlessof whether received gratuitously or for which consideration is provided.

1.3 This policy, together with the ticket proceduresestablished pursuant to Section 4.2 below, shall supersedeand replace the City’s Complimentary Ticket Policy” relating to tickets for the Honda Center, Angel Stadium of Anaheim, The Grove of Anaheim and the Anaheim Convention Center.

2.0 Definitions: Unless otherwise expressly provided herein, words and terms usedin this policy shall have the samemeaning asthat ascribedto such words and terms in the California Political Reform Act of 1974 Government Code Sections81000, et seq., asthe samemay from time to time be amended) and the Fair Political PracticesCommission (“FPPC”) Regulations (Title 2, Division 6 of the California Code of Regulations, Sections18110 et seq., asthe samemay from time to time be amended).

2.1 “ City” or “City of Anaheim” shall meansand includes the City of Anaheim, Successor Agency of the Anaheim Redevelopment Agency, the Anaheim Housing Authority, any other affiliated agencycreatedor activated by the Anaheim City Council, and any departments, boards and commissions thereof.

2.2 “ City Official” meansevery member, officer, employee or consultant of the City of Anaheim, as defined in Government Code Section 82048 and FPPC Regulation 18701. Such term shall include, without limitation, any City board or commission member or other appointed official 2 or employee required to file an annual Statementof Economic Interests FPPC Form 700).

2.3 “ City Venue” means and includes the Anaheim Convention Center, Angel Stadium of Anaheim, the Honda Center, the Grove of Anaheim, or any other facility owned, controlled or operated by the City of Anaheim.

2.4 “ Fair Value” meansa ticket or passthat doesnot have a face value indicated, or has a face value that is not available to the general public, is the price at which the ticket or passwould otherwise be offered for sale to the general public by the operator of the venue or host of the event who offers the ticket for public sale. Where the price indicated on the ticket doesnot reflect the actual cost for a ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box or suite by the number of tickets available for that box or suite.

2.42.5 “ Immediate family” means and includes a the spouse and dependentchildren.

2.52.6 “ Ticket” means and includes any form of admission privilege to a facility, event, show or performance.

3.0 General Provisions.

3.1 No Right to Tickets: The useof complimentary tickets is a privilege extendedby the City and not the right of any personto which the privilege may from time to time be extended.

3.2 Limitation on Transfer of Tickets: Tickets distributed to a City Official pursuant to this policy shall not be transferred to any other person, except to membersof such City Official’ s immediate family solely for their personaluse.

3.3 Prohibition Against Saleof or Receiving Reimbursementfor Tickets: No personwho receivesa ticket pursuant to this policy shall sell or receive reimbursement for the value of such ticket.

3.4 No Disproportionate Use: The disproportionate useof tickets by a City Official is prohibited.

4.0 Ticket Administrator.

4.1 The City Manager shall be the Ticket Administrator for purposes of implementing the provisions of this policy.
3 4.2 The Ticket Administrator shall have the authority, in his or her sole discretion, to establishproceduresfor the distribution of tickets in accordance with this policy. All requests for tickets which fall within the scope of this policy shall be madein accordancewith the proceduresestablishedby the Ticket Administrator.

4.3 The Ticket Administrator shall determine the face value, or if there is no face value, the fair value, of tickets distributed by the City for purposes of Sections 5.1, 5.2 and 7.1, subparagraph d), of this policy.

4.4 The Ticket Administrator, in his or her sole discretion, may revoke or suspendthe ticket privileges of any personwho violates any provision of this policy or the procedures established by the Ticket Administrator for the distribution of tickets in accordancewith this policy.

5.0 Conditions Under Which Tickets May be Distributed: Subject to the provisions of this policy, complimentary tickets may be distributed to City Officials under the following conditions:

5.1 The City Official Reimbursesthe City for the face or fair value of the ticket( s), whichever is applicable.
a) Reimbursement shall be made at the time the ticket( s) is/are distributed to the City Official.
b) The Ticket Administrator shall, in his or her sole discretion, determine which event tickets, if any, shall be available under this section.

5.2 The City Official treatsthe ticket(s) asincome consistent with applicable federal and stateincome tax laws.

5.3 The City Official uses, or behests, such ticket(s) for one or more of the following public purposes:
a) Performance of a ceremonial role or function representingthe City at the event, for which the City Official may receive enough tickets for the City Official and eachmember of his or her immediate family. b) The job duties of the City Official require his or her attendanceat the event, for which the City Official may receive enough tickets for the City Official and eachmember of his or her immediate family. c) Economic or businessdevelopment purposeson behalf of the City. 4 d) Intergovernmental relations purposes, including but not limited to attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff membersand their guests. e) Attracting or rewarding volunteer public service.
f) Supporting and/or showing appreciation for programs or services rendered by non- profit organizations benefiting Anaheim residents. g) Encouraging or rewarding significant academic, athletic, or public service achievementsby Anaheim students, residentsor businesses. h) Attracting and retaining highly qualified employeesin City service, for which such employee may receive no more than four ( 4) tickets per event.
i) As special recognition or reward for meritorious service by a City employee, for which such employee may receive no more than four ( 4) tickets per event.
j) For usein connection with a City employee competition or drawing, for which there shall be made available no more than ( 4) tickets per event.
k) Recognition of contributions madeto the City by former City Council Members or City Executive Managers, for which such former City Council Member or Executive Manager may receive no more than (4) tickets per event.

6.0 Tickets Distributed at the Behest of a City Official.

6.1 Only the following City Officials shall have authority to behest tickets: City Council Members, the City Manager, the Assistant City Manager, the Deputy City Manager and Department Heads.

6.2 Tickets shall be distributed at the behestof a City Official only for one or more public purposesset forth in Section 5.3 above.

6.3 If tickets are distributed at the behestof a City Official, such City Official shall not useone of the tickets so distributed to attend the event.

7.0 Disclosure Requirements.

7.1 Tickets distributed by the City to any City Official either i) which the City Official treats as income pursuant to Section 5.2 above, or ii) for one or more public purposesdescribedin Section 5.3 above, shall be posted on a 5 form provided by the FPPC in a prominent fashion on the City’s website within thirty ( 30) days after distribution. Such posting shall include the following information:
a) The name of the recipient, except that if the recipient is an organization, the City may post the name, address, description of the organization and number of tickets provided to the organization in lieu of posting the names of each recipient;
b) a description of the event;
c) the date of the event;
d) the face value of the ticket, or if there is no face value, the fair value of the ticket;
e) the number of tickets provided to eachperson;
f) if the ticket was distributed at the behestof a City Official, the name of the City Official who made such behest; and
g) a description of the public purpose( s) under which the distribution was made, or, alternatively, that City Official is treating the ticket asincome.

7.2 Tickets distributed by the City for which the City receives reimbursement from the City Official asprovided under Section 5.1 above shall not be subject to the disclosure provisions of Section 7.1.

Revised: 02/09/21