1.1 Purpose.  These Ponch’s Place Patron Rules and Regulations (these “Regulations”) are intended to protect the (a) food cart pavilion commonly known as Ponch’s Place (the “Pavilion”), and (b) public health, safety, interest, and general welfare of all Pavilion vendors, licensees, visitors, customers, patrons, and users.  These Regulations restrict, prevent, and/or prohibit any activity and/or action that may interfere with the safe, orderly, and/or efficient use of the Pavilion by its vendors, licensees, visitors, customers, patrons, and users.

1.2 Pavilion.  The Pavilion is located on certain real property located at 62889 NE Oxford Court, Bend, Oregon 97701.  The Pavilion consists of approximately 1,824 total square feet, including a pavilion structure (consisting of approximately 1,104 square feet) and four food cart (truck) pads (each consisting of approximately 180 square feet).  Ponch’s Place, LLC (“Company”), an Oregon limited liability company, operates and manages the Pavilion.

1.3 General Applicability; Subordination.  These Regulations apply to all Pavilion vendors, licensees, visitors, customers, patrons, and users of the Pavilion.  Entry upon and/or use of the Pavilion is conditioned on compliance with these Regulations.  These Regulations are subordinate to applicable federal, state, and/or local laws, regulations, and ordinances.   

2.1 General Administration.  The Pavilion manager has the authority to operate, manage, maintain, and secure the Pavilion and administer these Regulations.  Without otherwise limiting the immediately preceding sentence, the manager has the authority to administer and manage all aspects of the Pavilion and these Regulations, including, without limitation, the authority to (a) interpret these Regulations, and (b) decide all questions concerning these Regulations.  Notwithstanding this broad authority, the manager will act reasonably, in compliance with applicable laws, and in a manner the manager reasonably believes is in Company’s best interests.  The decision of the manager will be final and binding.  The decision of the manager on any given matter will not set any precedent nor bind future decisions of the manager.  

2.2 Reservation of Rights.  Company may modify, supplement, revise, change, delete, discontinue, and/or suspend all or any part of the procedures, practices, policies, regulations, and/or restrictions provided in these Regulations as Company determines necessary or appropriate.  Any modification, supplementation, revision, change, deletion, discontinuance, and/or suspension of all or any part of the procedures, practices, policies, and/or restrictions provided in these Regulations apply to all existing and future Pavilion vendors, licensees, visitors, customers, patrons, and users.  Notwithstanding anything contained in these Regulations to the contrary, Company may issue special rules, regulations, notices, memorandums, and/or directives concerning the Pavilion and/or these Regulations as Company determines necessary or appropriate. 

3.1 General.  Patrons are expected to treat all staff, patrons, facilities, and equipment with respect at all times.  In accordance with these Regulations, patrons may not disturb and/or otherwise compromise the comfort, health, peace, and/or safety of other Pavilion patrons and/or operators.  Loitering or loafing on or about the Pavilion is prohibited.  At all times, patrons are prohibited from engaging in any act in violation of applicable federal, state, and/or local laws, ordinances, and/or regulations.

3.2 Prohibited Conduct.  The following conduct is strictly prohibited while on or about the Pavilion: (a) the use of profane, obscene, and/or abusive language; (b) yelling and/or shouting; (c) fighting, taunting, and/or making threatening remarks and/or gestures; (d) behavior which compromises the safety of oneself and/or another patron; (e) mistreatment and/or vandalism to Pavilion and/or food truck property; (f) noncompliance with staff/employee instruction and/or order; (g) conduct in violation of the Regulations; and/or (h) conduct in violation of any applicable federal, state, and/or local laws, regulations, and/or ordinances.

3.3 Harassment.  Company is committed to providing an environment that is free from harassment, intimidation, and/or hostility.  To this end, Company does not tolerate harassment in any form.  For purposes of these Regulations, the term “harassment” includes, without limitation, (a) words, signs, offensive jokes, statements, obscene gestures, and/or actions, and/or (b) sexual harassment including unwelcome whistling, staring, and/or leering. 

3.4 Outside Alcohol/Smoking.  

• 3.4.1 Alcohol consumed on or about the Pavilion must be purchased from the Pavilion beer and wine station.  The sale of alcohol may be refused to any person.  Outside alcoholic beverages are prohibited and may not be consumed and/or brought on or about the Pavilion (including all parking areas).  
• 3.4.2 All alcohol sales/consummation are subject to applicable laws (e.g., valid ID will be required).  Any patron furnishing alcohol to a minor will be removed from the Pavilion.  Patrons must dispose of alcoholic beverages before leaving the Pavilion.
• 3.4.3 Smoking, vaping, and/or the use of tobacco and/or marijuana in any form is prohibited on or about the Pavilion.  

3.5 Controlled Substances.  No person will illegally use, possess, sell, and/or distribute controlled substances (i.e., drugs, narcotics, or alcohol) on or at the Pavilion.

3.6 Commercial Activity.  No person will occupy or rent space, or conduct any business, commercial activity, and/or enterprise, and/or other form of revenue producing activity on or at the Pavilion without first obtaining a written lease, permit, license, and/or other form of written agreement and authorization from the manager.  

3.7 Firearms and Weapons.  Other than duly authorized law enforcement personnel, no person may carry a firearm, weapon, and/or destructive device on or about the Pavilion.  No person will discharge any firearm, weapon, and/or destructive device on or about the Pavilion, except in the performance of official duties requiring discharge thereof.  No person will furnish, give, sell, and/or trade any firearm, weapon, and/or destructive device on or about the Pavilion.

3.8 Use of Restrooms.  No person will use a restroom or other facilities other than in a clean and sanitary manner.  Spitting, marking, or defacing the floors, walls, or other surfaces of the Pavilion is prohibited.  Use of the public area of any building or area of the Pavilion for sleeping or other purposes in lieu of a hotel, motel, or other public accommodation is prohibited.

Patrons may not display or advertise without the manager’s prior written authorization.   Display of sexually explicit material, as defined by Oregon law, is strictly prohibited.  The placement of an advertisement on, in, and/or about the Pavilion does not constitute Company’s endorsement of any product, service, organization, opinion, viewpoint, and/or activity. 

5.1 General.  Subject to Oregon law, the manager or a peace officer as defined under ORS 133.005(3) has the authority to exclude a patron who (a) violates any provision these Regulations, and/or (b) engages in illegal activity on or about the Pavilion.  A patron who is directed to leave the Pavilion for violation of these Regulations must leave the Pavilion immediately. 

5.2 Initial Violation; Warning.  In general, if the manager observes a patron in violation of these Regulations (or becomes aware of a patron in violation of these Regulations) the manager will give the subject patron a verbal warning to cease and desist from the violation.  If the patron fails to cease and desist from the violation, he or she will be asked to leave the Pavilion for the remainder of the day.  If he or she refuses to leave the Pavilion, the manager reserves the right to obtain assistance from law enforcement to remove the patron.

5.3 Immediate Exclusion.  Subject to applicable law, the manager may exclude a patron with no warning for the following conduct: (a) violence of any kind, including, without limitation, physical fighting, taunting, and/or intimidation; (b) intoxication; (c) mistreatment or vandalism of Pavilion property; and/or (d) any other behavior which threatens the health, safety, and/or security of other persons.

5.4 Notice.  Written notice may be provided to any patron excluded from the Pavilion.  The notice may include the following information: (a) the provision(s) of the law or Regulations the patron violated; and (b) the length of the exclusion (as provided under this exclusion policy).

5.5 Length of Exclusion.  The manager has sole discretion and authority to determine the length of a patron exclusion (the “Exclusion Period”), including discretion to make the exclusion permanent and/or to rescind, shorten, and/or otherwise modify an exclusion.  The Exclusion Period may vary depending on the severity and circumstances of the subject violation.  Notwithstanding the generality of the immediately preceding sentence, the minimum Exclusion Period issued under these Regulations is as follows:

• 5.5.1 30 days (or more) for an exclusion based on a violation not covered by Section 5.5.2 or Section 5.5.3.
• 5.5.2 60 days (or more) if the basis for the exclusion is (a) violence of any kind, including, without limitation, physical fighting, taunting, and/or intimidation, (b) intoxication, and/or (c) mistreatment or vandalism of the Pavilion.
• 5.5.3 90 days (or more) if the basis for the exclusion is (a) a felony, and/or (b) a sex offense as defined under applicable state law.  If the patron to be excluded has been excluded from the Pavilion at any time within one year before the date of the present exclusion, the manager may exclude the patron from the Pavilion for 90 days or more.

5.6 Access During Exclusion Period.  Subject to the discretion of the manager to rescind, shorten, and/or otherwise modify an exclusion order, an exclusion from the Pavilion suspends or revokes the excluded patron’s access and/or use of the Pavilion entirely.  After first obtaining the manager’s prior written approval, the excluded patron may access the Pavilion upon conclusion of the Exclusion Period.  A person who enters or remains unlawfully in or about the Pavilion may subject the person to exclusion or prosecution for criminal trespass in the second degree pursuant to ORS 164.245.

5.7 Enforcement.  The manager and/or any peace officer as defined under ORS 133.005(3) is vested with authority to enforce this exclusion policy for purposes of enforcing these Regulations, as deemed necessary by the manager or peace officer.

These Regulations apply to patron conduct on or about the Pavilion.  These Regulations will be incorporated by reference into any contract between Company and any third-party.  To the extent these Regulations conflict with any federal, state, and/or local laws, regulations, and/or ordinances, Company will comply with the applicable federal, state, and/or local laws, regulations, and/or ordinances.  When the manager is exercising any consent, approval, determination, and/or similar discretionary action under these Regulations, the standard will be the manager’s sole discretion.  Should any word, sentence, paragraph, clause or phrase of these Regulations be adjudged or held to be void or unconstitutional, the same will not affect the validity of the remaining portions of these Regulations, which will remain in full force and effect.  For purposes of these Regulations, the term “manager” means Company’s then-appointed manager and his or her designee.