dtd - rules for soliciting 8-1-2014

G:\Admin\Corp\Legal\DAO\Downtown Disney\DnTn Disney Public Use\DTD Rules for Public Access 8-1-2014 1

DOWNTOWN DISNEY RULES FOR PUBLIC USE OF COMMON AREAS

(Effective August 1, 2014)

I. Introduction

Downtown Disney is privately owned and has not at any time been dedicated to public uses. Neither the enforcement of the following rules (Rules) nor the conduct of any activity pursuant to these Rules shall constitute or be deemed to constitute a dedication of Downtown Disney to public uses. The Rules do not constitute acquiescence or a waiver of the private property rights of Downtown Disney.

Members of the public or organizations seeking to use Downtown Disneys common areas for non-commercial expressive activities must submit an application as described in these Rules and must abide by these Rules while on Downtown Disneys property. No public use of Downtown Disneys property is permitted for commercial purposes other than the patronage of Downtown Disney and its tenants.

II. Definitions

A. Non-Commercial Expressive Activity: Non-Commercial Expressive Activity is expressive activity that has a political, religious, or other non-commercial purpose, including, but not limited to, the request for signatures on petitions, the registration of voters, and the dissemination of non-commercial leaflets or flyers.

B. Permissible Activity: An individuals peaceful, consensual, spontaneous conversations that are not accompanied by any other form of expressive activity (e.g., leafleting, signs, solicitations, etc.) and do not obstruct or disrupt normal business operations do not require advance application and approval. Any other Non-Commercial Expressive Activity is subject to the application process.

C. Approved Activity: Approved Activity is Non-Commercial Expressive Activity that is approved pursuant to a properly submitted application.

Activities that will not be approved include:

1. Solicitation for the immediate receipt of funds;

2. Sales of products or services;

3. Distribution of samples of products (except as may be permitted below); and

4. Invitations, passes, or coupons giving the recipient anything that is otherwise available to be purchased.

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D. Applicant: Applicant is the organization, group, or person requesting access, including collectively all persons entering Downtown Disney pursuant to an approved application.

E. Participants: Participant(s) are the individual(s) who engage in the Approved Activity pursuant to the application. Each reference to Applicant in the Rules shall encompass each Participant identified in the Applicants approved application.

F. Designated Areas: Designated Area(s) are those area(s) identified with the numbers 1 9 on the map in Exhibit A to the Rules. Approved Activities may be conducted only within one Designated Area, unless the Applicant is approved for more than one Designated Area. In the case of a labor or other dispute involving a tenant, the tenants location in Downtown Disney shall be a Designated Area, but none of the Participants may be stationed directly in front of an entrance to the location or in any other location that interferes with or blocks entry into or exit from the location or any other location. Participants must share space in a manner that does not unduly interfere with ingress or egress to any business.

G. Business Day(s): Business Day(s) are Monday, Tuesday, Wednesday, Thursday, and Friday, excluding legal holidays.

III. Application Process and Procedures

A. Obtaining and Submitting an Application: Every person, organization, or entity desiring to use Downtown Disneys common areas other than to patronize Downtown Disneys commercial establishments or to engage in a Permissible Activity, must apply to Downtown Disneys Property Management Office for permission to use Downtown Disneys property.

Copies of these rules and copies of the Downtown Disney Application for Use of Common Areas (the Application) are available by telephoning 714-300-7820. This telephone number may be answered during regular business hours of Downtown Disneys Property Management Office, which generally are 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. If the phone is not answered, callers will be requested to leave their name and contact information (phone number or email address) and a representative of Downtown Disney will return the call via the appropriate contact method no later than 5:00 p.m. the next business day. Copies of these rules and the Application will be provided by U.S. Postal Service Mail, email or facsimile (and possibly by other methods as may be determined by Downtown Disney in the future) or may be physically picked up during regular business hours at the Downtown Disney Property Management Office located at 1580 S. Disneyland Drive, Suite 206, Anaheim, CA 92802.

Complete written Applications must be received by Downtown Disney no later than 5:00 p.m. on the day that is three (3) days prior to the date and time desired for the proposed activity. Applications may be submitted by U.S. Postal Service Mail, email or facsimile as described in the Application.












Applications submitted more than ninety (90) Business Days before the date of the proposed activity will not be accepted. Applications requesting multiple dates which include a date more than ninety (90) days in the future must be divided into multiple applications and submitted so that there are no more than ninety (90) Business Days between the date the application is submitted and the date of the proposed activity.

This application process is necessary in order for Downtown Disney to coordinate multiple events and activities, ensure adequate staffing, anticipate parking demand, provide tables and chairs if needed, and ensure that the Applicant is familiar with, and will abide by, these Rules.

B. Location: Applicants may receive advance authorization to use one or more Designated Areas on any particular day.

C. Review and Approval Notification: Upon receipt of a completed application, Downtown Disneys Property Manager will review the application and advise the Applicant concerning approval and necessary arrangements, including Designated Area(s) available for the Applicants use, normally at least twenty-four (24) hours prior to the first date requested by the Applicant. Downtown Disney will advise the Applicant concerning approval status and other arrangements in the same manner in which the Application was submitted (e.g., Applications submitted by email will be responded to by email, however Applications submitted by hand delivery will be responded to by email, or if no email is available, by telephone).

D. Approved Applications/Alternate Dates: If the application is complete and complies with the Rules, but a Designated Area is not available for the date and time(s) requested, the Applicant will be advised of the first alternate date and time following the requested date when a Designated Area is available. If the Applicant wishes to engage in the requested activity on the alternate date, it must confirm its intent within two (2) Business Days after being notified of the alternate date or time(s), but not later than two (2) Business Days prior to the first alternate date. If the Applicant fails to indicate its intent to use the alternate date or time(s), Downtown Disney will deny the application and will return a copy of the application to the Applicant in the same manner in which the Application was submitted with a notation indicating the reason for the denial.

E. Denied Applications: If an application is denied, a copy of the denied application will be delivered to the Applicant personally or by mail, or by email if available, and a copy will be available in the Downtown Disney Property Management Office.

IV. Permitted Locations (Designated Areas)

The Approved Activity within Downtown Disney may be conducted only in the assigned Designated Area(s).

The Designated Areas are available on a first-come, first-selected basis, based upon availability at the time the Applicant is notified of approval. The Applicant must select Designated Area(s) at the time it is notified that its application has been approved, subject to the first-come first-selected principle.




If one particular Designated Area is unavailable due to a Downtown Disney or tenant-sponsored activity, construction, remodeling, or use by another Applicant who has previously selected the Designated Area, the Applicant may use another approved Designated Area, if available.

V. Hours

If the application is approved, subject to part XII below, the Applicant may engage in the Approved Activity only during the hours that Downtown Disney is open for business (Normal Business Hours).

VI. Check In

The Applicant, or if the Applicant is a group or organization the Applicants representative, must check in with Downtown Disneys Property Management Office (whether in person or by phone as described in Section III. A.) every time he or she arrives at Downtown Disney to commence the Approved Activity. Checkout is not required so long as Applicant ceases the Approved Activity on or before the end time designated on the approved Application.

Failure to check in at Downtown Disneys Property Management Office within thirty (30) minutes of the beginning of the approved time period for an Approved Activity will be considered an abandonment of the right to engage in the Approved Activity and may result in termination of the Applicants right to use the Designated Area for the entire time period requested on the Application.

VII. Peak/Heavy Traffic Days

Downtown Disneys management has designated certain days during each calendar year as Peak and Heavy Traffic Days when Approved Activity may be limited by location (Designated Areas) and/or by time (Hours). A list of the Peak and Heavy Traffic Days, including the locations and times generally available for Approved Activity, is attached to these Rules as Exhibit B. Downtown Disneys management reserves the right to amend this list at any time as required to meet its legitimate business interests.

VIII. Furniture

Upon request, Downtown Disney will supply to each Applicant a table with a tablecloth or cover and a sufficient number of folding chairs for the maximum number of Participants in the Designated Area. The Applicant must notify Downtown Disneys Property Management Office at the time of application and again upon selection of a Designated Area, of its intention to use the furniture. Applicants may not use any other furniture.

At least one Participant must be present at all times if furniture is used in a Designated Area. If furniture is left unattended for more than thirty (30) minutes, the furniture may be removed and not replaced during that same day.


IX. Signage and Written Material

A. Posters, placards, and signs may not exceed 2 by 3 in size. For safety reasons, so as not to endanger any person or property, to the extent a poster, placard or sign is affixed to a stick or pole, the stick or pole may be no longer than 36 and no wider than 2 and no thicker than 3/8. Banners may not exceed 4 by 6 in size. Applicants may not display more than two (2) posters, placards, or signs for each Participant at a Designated Area, nor more than one (1) banner per Designated Area. Banners must be held stationary at all times, and must be placed so as not to interfere with pedestrian traffic.

B. No writing, picture, or illustration whether on a sign, poster, placard, banner, handbill, pamphlet, button, clothing, or otherwise may contain or depict fighting words, obscenities, pornography, grisly or gruesome displays, highly inflammatory slogans reasonably likely to provoke violence, or racial, religious, or ethnic slurs.

C. Nothing may be affixed, attached, mounted, or placed on Downtown Disney property except as specifically set forth in these Rules. Materials may not be affixed to Downtown Disney furniture in such a manner as to deface, damage, or destroy such furniture. No audio or video equipment may be used except as expressly permitted in part X, below.

D. Participants may not place anything on the property of any tenant or guest of Downtown Disney without the prior written consent of the tenant or guest and Downtown Disneys Property Manager.

E. Participants may hold clipboards and leaflets. Participants may carry or wear signs, posters, or placards, or hold stationary banners, if such signs, posters, placards, or banners otherwise comply with the Rules.

F. Participants may not distribute or offer samples of any products that otherwise might be commercially sold. Prohibited samples include food and beverage items. Prohibited samples do not include small items of deminimus value which express the issue or message of Applicant (e.g., pencils or buttons featuring Applicants name or message).

G. Applicant shall be solely responsible for the accuracy and truthfulness of all representations (whether written, verbal or otherwise), made by Applicant and any Participant while conducting an Approved Activity.

X. Light and Noise Level

A. Participants may not create noise of sufficient volume to impinge on the ability of tenants and patrons (i.e., the public) to conduct business.

B. Participants may not use, operate, or permit to be played any musical instrument, or any device, instrument, or equipment for the reproduction, amplification or broadcast of sound in a manner which:

1. creates noise of sufficient volume or character so as to impinge on the ability of tenants and patrons (i.e., the public) to conduct business at Downtown Disney; or


2. projects fighting words, obscenities, pornography, highly inflammatory slogans reasonably likely to provoke violence, or racial, religious, or ethnic slurs.

C. Participants may not use lights, or professional video equipment (including cameras, tripods, lighting, etc.).

D. Displays, visual aids, or devices with moving parts that might expose the guests of Downtown Disney or Downtown Disneys business to danger or injury, or that threaten the health and safety of those present in Downtown Disney, are not permitted.

E. Televisions, monitors, computer displays and other video displays are not permitted, except that one i-Pad or laptop-sized display may be employed at each Designated Area.

F. Electrical power will not be provided, and portable generators are not permitted.

XI. Decorum

Participants may not use physical force, obscene language or gestures, or make disparaging remarks based on disability, gender, nationality, race or ethnicity, religion or sexual orientation. Participants may not physically or verbally threaten any person, engage in fighting or raucous activity, or create any unlawful disturbance or disruption.

XII. Conduct

A. Participants may not:

1. impede, obstruct, or interfere with any guest or tenant of Downtown Disney, or with the free flow of pedestrian traffic, including entrance to and exit from Downtown Disney and its tenants, or create a circumstance in which any patrons or guests view of windows and other tenant displays is significantly or mostly obscured (i.e., patrons or guests must be able to see tenant window displays); or

2. create litter or potential safety hazards of any kind, or throw, discard, or deposit any paper, glass, or other matter of any kind in Downtown Disney except in designated trash receptacles; or

3. eat meals while engaging in the Approved Activity; provided, however that pre-packaged snacks (e.g., energy bar) and drinks are permitted.

4. smoke while engaging in the Approved Activity; or

5. deface, damage, destroy, or remove any real or personal property constituting part of, or located in or on, Downtown Disney and belonging to Downtown Disney, its guests, or its tenants; or

6. approach Downtown Disney guests outside the general vicinity of the Designated Area(s) provided for the Approved Activity; or


7. utilize or bring onto the premises flammable, volatile, and/or explosive liquids or gases, paints, or staining chemicals.

B. Participants must at all times be fully clothed, including shoes and shirts. Clothing, including the form of or messaging on clothing, may not violate any law.

C. Applicants must comply with all federal, state, and local laws and ordinances that regulate the Approved Activity.

D. During the Approved Activity, Applicants must keep the Designated Area and the areas surrounding it clean, neat, and free and clear of trash and refuse related to the Approved Activity. Applicants are responsible for cleaning up any debris or garbage caused by the Approved Activity, including picking up and properly disposing of leaflets, handbills, and flyers distributed or made available to Downtown Disney guests as part of the Approved Activity.

E. Participants must keep all personal items, including purses, briefcases, supplies, and extra materials, if any, in a safe, neat, and orderly manner. Participants may not place or leave personal items on Downtown Disney property. Property may not be deposited with Downtown Disneys management, maintenance, or security. All personal property left unattended for more than ten (10) minutes will be removed and treated as abandoned property according to state law; provided, however that Downtown Disney will make reasonable inquiry of persons in the immediate vicinity of unattended property prior to removal. Downtown Disney is not responsible for loss, or damage to Applicants or Participants, property.

F. Animals, other than service animals assisting disabled persons, may not be brought into a Designated Area.

XIII. Sales/Solicitation Ban

Participants may not distribute commercial advertising or commercial promotional materials of any kind. Participants may not solicit for the immediate receipt of funds whether as consideration or donation, nor offer any items (including books, periodicals, or other materials) for sale in return for the immediate receipt of funds. The immediate receipt of funds include both cash and credit or debit card transactions.

XIV. Non-Affiliation

Applicants may not make express or implied representations that Downtown Disney, or its management, or any tenant within Downtown Disney, sponsors or supports a view, belief, or request contained in any petition, statement, or literature being disseminated or exhibited by the Applicant without written permission from such entity or person.

Downtown Disney reserves the right to publicize Downtown Disneys non-affiliation with Applicants activities.


XV. Enforcement

A. Downtown Disneys management reserves the right to take any appropriate and lawful action including, without limitation, necessary legal action, to ensure compliance with these Rules. A violation of these Rules or an Applicants/Participants refusal to comply with the Rules, may result in warnings, termination or cancellation of that Applicants rights on that day, or denial of future applications. In addition, if necessary, legal action, including arrest, may be used to remove the Applicant from Downtown Disney or to enjoin future activity by Applicant at Downtown Disney.

B. Nonuse of a Designated Area for thirty (30) consecutive minutes or more during an approved time period may be considered an abandonment of the right to engage in the Approved Activity and may result in termination of the Applicants right to use the Designated Area for the entire time period requested on the application. If an Applicant fails to appear to engage in an Approved Activity and/or abandons use of a Designated Area on three (3) or more occasions, the Applicant may be banned from engaging in expressive activity at Downtown Disney for a six (6) month period following the third such abandonment.

C. Failure to enforce one or more of these Rules does not constitute acquiescence nor is it a waiver of Downtown Disneys right subsequently to enforce the same or any other Rule(s).

XVI. Miscellaneous

A. Neither these Rules nor any approved application shall be deemed to or construed as creating any contractual or fiduciary relationship between Downtown Disney and any Applicant or Participant.

B. To retain the ability to adapt to new or changing circumstances, Downtown Disneys management reserves the continuing exclusive right, without the necessity of advance notice or hearing, to alter, amend, modify, change, waive, interpret or terminate these Rules, or any of them, and/or to make new or different Rules. When any Applicants Approved Activity is or will be affected by any change in these Rules, any then-approved Applicant will be promptly notified of such changes and will be given a copy of any new or modified Rule(s).

C. These Rules are intended to comply with all applicable legal requirements and, to the extent subject to interpretation, should be interpreted in a manner that is consistent with the minimum requirements of applicable law.


Exhibit A

DOWNTOWN DISNEY

DESIGNATED AREAS

Location Max Participants 1 5 2 3 3 5 4 5 5 5 6 5 7 3 8 4 9 4

4

3

1

2

5

6

7

8 9


EXHIBIT B

DOWNTOWN DISNEY

ACCESS DURING PEAK AND HEAVY TRAFFIC PERIODS1

Effective June 1, 2014

Dates Designated Area Available

July 4-6

1, 3, 4, 6 2, 5, 7, 8, 9

Unrestricted Unavailable after 5 p.m.

July 8, 9, 14-20, 26

2 1, 4, 3, 6, 7, 8, 9 5

Moved 50 yrds. West Unrestricted Unavailable

November 27 & 28 December 24, 25 December 31

1, 3, 4, 6 2, 5, 7, 8, 9

Unrestricted Unavailable after 5 p.m.

1 In the case of a labor or other dispute involving a tenant, the Designated Area of the tenants location shall be available in accordance with part II. F., above. There are many variables, including the time of the year, special events, holidays, and weather conditions that may have a dramatic effect on guest levels at Downtown Disney on any given day. Such variables make it difficult to anticipate with certainty whether the staging of Non-Commercial Expressive Activity in any particular Designated Area is feasible. Accordingly, depending upon the volume of actual and/or anticipated foot traffic in Downtown Disney, the safety risks present as well as unanticipated acts of God or incidents of civil unrest, Downtown Disney reserves the right to cancel or relocate Non-Commercial Expressive Activities, as reasonably necessary, for a specific time or day. If such cancellation, prohibition or relocation occurs, Downtown Disney will give the Applicant prompt notice. Similarly, if guest traffic is less than anticipated on Peak or Heavy Traffic Dates, Downtown Disney reserves the right to expand the number of Designated Area options and/or times.

dtd - rules for soliciting 8-1-2014

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