Thrive City (the "Project") is privately-owned and is not dedicated to public uses. The Project enforces the following Rules for Free Speech Activities in Common Areas ("Rules") to govern the time, place and manner of free speech activity on its private property. The Project may alter, amend, modify, change or terminate these Rules, or any of them at any time.
Neither the enforcement of the following Rules nor the conduct of any activity pursuant to these Rules shall constitute or be deemed to constitute a dedication of the Project to public uses. The Rules do not constitute acquiescence or a waiver of the private property rights of the Project's owner.
All persons must also comply with the Project's Code of Conduct (a copy of which is attached as Exhibit A) and all federal, state, and local laws and rules and ordinances. Other rules govern activities of merchants at the Project.
Free Speech Activity
- Two or more persons acting in concert (a "Group") engaging in oral or written communication that involves the dissemination of information to others, or an individual distributing written materials or any items, holding signs, or soliciting signatures (the "Activity") must comply with the Rules.
Application and Areas
- An individual or a Group wishing to engage in an Activity at the Project ("Applicant") may only engage in the Activity in a "Designated Area" (or, if approved, an Alternate Area, per paragraph 5 below). Designated Areas will be assigned on a first-come, first-selected basis, based upon availability at the time the application is approved in accordance with paragraph 3 below. The Project's Designated Areas are identified in Exhibit B to these Rules. Designated Area(s) may be used from time to time for Project-sponsored activities and therefore be unavailable for use by an Applicant. The Project will advise the Applicant if a requested Designated Area is unavailable for use because of Project-sponsored activities at the time the application is approved.
- An Applicant must submit a completed application to the business offices of GSW Arena LLC (the "Management Office") during office business hours no later than 5:00 p.m. on the second business day preceding the date proposed for the Activity (unless the Applicant is seeking an Alternate Area in paragraph 5 below, in which case the application must be submitted fourteen (14) days prior to any anticipated Activity). With the exception of applications requesting an Alternate Area, applications will not be accepted more than ten (10) days before the proposed activity. Management Office hours are generally 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. The Management Office is located at One Warriors Way, San Francisco, CA 94158.
- The Management Office will review all timely submitted applications for compliance with the Rules. The Management Office will contact the Applicant as soon as reasonably possible, but no later than 5:00 p.m. on the business day preceding the date proposed for the Activity, to notify the Applicant whether the application is approved or denied and/or whether any modification to the application is necessary.
- An Applicant may request to use an area for Activity that is not pre-designated on Exhibit B to the Rules (an "Alternate Area," with a Designated Area, collectively an "Area"). If, based on Homeland Security considerations, prior consultation(s) with the Fire Marshal and/or Fire Marshal regulations, the Project does not think it can safely accommodate the Activity in the proposed area, then the Project will promptly request review by the Fire Marshal. The Applicant will be able to use an Alternate Area only if determined to be safe for the Activity. An Applicant should allow 14 days for its Application to be processed to allow the Project to request such review by the Fire Marshal and local, state or federal law enforcement agencies. In lieu of waiting for the fourteen-day period, the Applicant can choose a Designated Area.
- Only two Areas can be used by an Applicant on any given day.
- Participants cannot wear masks or other facial coverings that fully or partially obscure his or her face when engaging in the Activity.
- Participants shall be subject to bag search and metal detection requirements where and as determined to be reasonable and necessary.
- Under no circumstances can participants deposit or leave behind bags, containers, or materials of any nature on the Property and any such items will be subject to confiscation and potential destruction as deemed to be reasonable and/or necessary by the Head of Security for the Project, or the San Francisco Police Department, Homeland Security and/or any other local, state or federal law enforcement agency or personnel.
Enhanced Security Days
- During certain Enhanced Security Days, Activity will not be allowed in certain Designated Areas. Applications seeking use of the unavailable Designated Areas on such days will not be approved.
Duration of Activity
- Activity only is permitted during the Project's operating hours. Activity may be restricted when the businesses surrounding the Activity are closed if there are safety concerns associated with continuing the Activity, such as limited or unavailable security, or no exit points in close proximity to the Activity.
- An Applicant may engage in the Activity a maximum of six (6) days in a calendar month.
Light and Noise Level
- The Activity shall not create noise that is incompatible with the business of the Project or its normal business operations, such as creating noise of sufficient volume to exceed the ambient noise level of the Project and/or disturb the operations of the neighboring UCSF Children's Hospital and/or would cause Project to be in violation of the restrictions of any of its permits, including its Place of Entertainment Permit. Yelling, "hawking," and noise that impinges on the hearing or peace of the Project's patrons beyond a ten (10) foot radius of the Activity is prohibited if it is incompatible with the business of the Project, its normal business operations or applicable laws, rules and regulations.
- An Applicant engaging in the Activity shall not use, operate, or permit to be played any musical instrument, or any device, instrument or equipment that reproduces or amplifies sound, such as a megaphone, microphone or other similar device.
- An Applicant engaging in the Activity shall not use lights or loudspeakers. Electrical power will not be provided.
Siqnaqe and Written Materials
- Signs may not be affixed to or displayed upon the Project's property. Rigid signs or signs with sharp edges are prohibited. Signs shall not be mounted or affixed to sticks, baseball bats or any similar item that may constitute a threat or safety concern to the Project's patrons. Signs are not allowed outside of the assigned Area(s) and must be stationary inside the assigned Area(s).
- Signs, posters, placards, displays or written materials shall not contain or depict "fighting words," obscenities, pornography, grisly or gruesome displays, highly inflammatory slogans likely to provoke a disturbance, or racial, religious or ethnic slurs.
- The following activities are not permitted:
a. Live performances;
b. Demonstrations (large-scale public gatherings);
c. Soliciting, canvassing or encouraging the immediate donation of funds and/or money or other economic consideration;
d. Sales of products or services;
e. Distribution of samples of products;
f. Distribution of commercial advertising or commercial promotional materials of any kind;
g. Solicitation of orders for, selling, or promoting any items (including books, pamphlets, periodicals, tickets or other materials) or services for which money is received or credit is extended;
h. Surveys which request more information than a person's name, address and telephone number;
i. Use of handheld laser pointers;
j. Light Displays projected onto the Project's buildings;
k. Laser lights shows or outdoor lasers;
l. Use of drones in the airspace above the Property or in or near the pathway of the UCSF helipad;
m. Any use of lights, fireworks or similar items that could interfere with the operation and safety of the UCSF helipad; and
n. Invitations, passes or coupons giving the recipient anything that is otherwise available to be purchased.
- Applicants, or any signage used during the Activity, shall not impede, obstruct or interfere with any patron, or with the free flow of pedestrians, including entrance to and exit from the Project or a merchant.
- Displays, visual aids, or devices with moving parts which may expose the Project's patrons or merchants to danger or injury or which threaten the health and safety of those present in the Project, are prohibited. All weapons of any nature are absolutely prohibited and participants agree to be subject to bag searches and metal detection as deemed reasonable and necessary by the Head of Security, the San Francisco Police Department, Homeland Security, and/or any local, state or federal law enforcement agency or personnel.
- Violation of these Rules may result in termination of permission to use the Project to conduct the Activity, a ban on all Activity for a specified period of time and/or the rejection of future applications.
- Applicants shall not make express or implied representations that the owner or manager of the Project, or any merchant, sponsors or supports a view, belief, or request contained in any petition, statement or literature being disseminated or exhibited. The Project may post sign(s) in or near the Area(s) or anywhere on the Project property stating the Project's non-affiliation.
Deposits or Indemnity Agreements and Insurance Requirement
- A $100.00 deposit (payable by either cashier's check or money order payable to GSW Arena LLC) must be submitted with the application if leaflets, flyers, or any other materials are to be distributed. If an Applicant does not want to post a deposit, it may instead agree to indemnify and hold harmless the Project, its owner and its management from any damage or loss directly caused by the Applicant's conduct. A fully-executed indemnity agreement must be submitted with the application.
- After the Activity has occurred, if no clean-up expenses are incurred or if the expenses incurred are less than the full amount of the deposit, the deposit or balance thereof will be returned or refunded approximately fourteen (14) days after the Activity has taken place to the address listed on the application. If expenses for clean-up and/or repair exceed the full amount of the deposit, the Applicant must pay the additional expenses within seven (7) days following mailing of a written request from the Project management. No subsequent application by the Applicant will be approved until the additional expenses are paid in full.
- If the nature of the Activity warrants special insurance protection, the Applicant must purchase and carry the necessary insurance coverage, and the Applicant must provide the Management Office with a valid certificate of insurance and a copy of the insurance policy prior to the commencement of the Activity.