Q May a city permit a group to use a municipally owned building free of charge, and if so may a municipality create different categories of users (commercial, non-profit, etc.) with each category subject to a different fee?

A Yes, a public entity may permit the use of its facilities for consideration, monetary or otherwise. The municipality may permit the usage free of charge if the governing authority documents on the minutes that the groupís usage constitutes either sufficient consideration or a public service. If the usage does not constitute sufficient consideration or a public service, specific statutory authority to make the donation is required. Without specific statutory authority, any free usage would be an impermissible donation. The municipality may also establish different classes of users, provided each class is subject to the same rates or fees. (Attorney Generalís Opinion to Grace, June 26, 2015)