Q May a municipality enter into an agreement with a private entity/group for the use of its municipal park for sporting events, including permitting the private entity/group to charge an admission fee?

A Yes, municipal governing authorities may permit the use of municipal facilities by a private entity provided that the municipality has adopted a use policy that is applied uniformly and consistently to all groups or individuals who desire to use the space. The Office of the Attorney General has also recognized the authority of the municipality to permit the use of municipal facilities for the purpose of making a profit. Therefore, a municipality may agree to a lease containing such terms as allowing a private entity to charge an entrance fee thereby allowing the private entity to make a profit at the municipal facility. (Attorney General’s Opinion to Carnathan, March 23, 2018)