Booth Activity Policies & Procedures - AUA Annual Meeting

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Booth Activity Policies & Procedures

AUA2024 – Exhibitors

Rules Interpretation Authority

All AUA rules, regulations and policies, as well as any matters not specifically covered in published exhibitor rules, regulations and policies, are subject to final interpretive review by Show Management. The decision of Show Management in all matters shall be final and binding for all exhibitors. Failure to comply with any AUA rules will result in a loss of priority points for the year and may include closing of the exhibit and/or expulsion from the Show.

By signing the AUA2024 Application and Contract for Exhibit Space (Contract), exhibitors agree to the following conduct rules:

  • The primary AUA rule of booth conduct and product display is to show consideration and courtesy to attendees and other exhibitors.
  • The exhibitor and its representatives shall not congregate or solicit, trade or conduct business in the aisles of the S&T Hall, other exhibitor’s exhibit space or in any other areas of the Show building, other than their leased booth space. Violators of this rule are subject to immediate removal from the Show and forfeiture of show badges.
  • The exhibitor shall not enter into another exhibitor’s exhibit space without invitation or when unattended. Violators of this rule are subject to immediate removal from the Show and forfeiture of show badges.
  • Prior written consent of the AUA is required for the employment or use of any live model, demonstrator, solicitor, or device for the mechanical reproduction of sound. Such employment or use shall be confined to the exhibit space. The AUA, at its sole discretion, may withdraw its consent at any time, at which time the exhibitor shall terminate such activity forthwith.
  • Distribution of pamphlets, brochures, or any advertising matter must be confined to the exhibitor’s leased space.
  • No exhibitor will organize or participate in any events, meetings, exhibitions, or functions in the greater San Antonio area during the 2024 AUA Annual Meeting over the dates of May 3-May 6, 2024, without the prior written approval of the AUA.
  • No one under the age of 18 is allowed admission to the S&T Hall at any time.
  • The exhibitor shall refrain from any action that will distract attendees from attending the Show.
  • Neither the exhibitor nor any of its representatives shall conduct themselves in a manner offensive to Show Management standards of decency, professionalism or good taste.
  • Any dispute between exhibitors, or any issue with respect to interpretation of these rules for exhibitor conduct, shall be brought promptly to the attention of Show Management or authorized AUA official, whose decision relating to the matter shall be final and binding on all parties.
  • Any inappropriate conduct, including but not limited to harassment, threatening physical or verbal actions, or disorderly or disruptive conduct, will not be tolerated. Exhibitors engaging in such conduct are subject to immediate removal and may be reported to law enforcement or other appropriate agencies.
  • Exhibitors are obliged to comply with any additional rules established by the AUA, at any time, in order to manage the Show. Failure to comply with any AUA rules will result in a loss of priority points for the year and may include closing of the exhibit and/or expulsion from the Show.

Exhibit personnel and/or models contracted by Exhibiting Companies must be attired in a manner that conforms to accepted business and social standards. Show Management shall be the sole arbiter of this policy and of any disagreements. The exhibitor shall abide by any decision relating to suitable attire made by the AUA.

Any and all sales, dispensing and/or delivery of pharmaceutical products of any kind are strictly prohibited. Violation of this rule will result in the immediate termination and closing of the offending exhibit and expulsion of the Exhibitor from the Show. The Exhibiting Company will also forgo any and all monies paid to the AUA and all accrued priority points. It is at the sole discretion of the AUA to prohibit participation in future AUA meetings by offending exhibitors.

Any medical device, pharmaceutical or other type of medical product exhibited must comply with all applicable FDA regulations for presentation to U S. attendees. Exhibitors shall have available, upon demand, FDA approval and status documentation for all exhibited products and devices. Any medical device, pharmaceutical or other type of medical product still under clinical investigation that is graphically depicted at a commercial exhibit must:

  • Be prominently labeled as still being under clinical investigation.
  • Contain only objective statements about the product.
  • Contain no claims on safety, effectiveness, or reliability.
  • Contain no comparative claims to other marketed products.
  • Exist solely for the purpose of obtaining investigators.
  • Be accompanied by directions for becoming an investigator and a list of investigator responsibilities.
  • Contain the statement: "Caution—Investigational Product— limited to investigators' investigational use" or a similar statement of prominent size and placement.

Furthermore, if the product is not licensed or approved by the FDA for use in urological procedures, that fact must be properly disclosed following FDA guidelines. Additional information regarding FDA regulations may be obtained directly from the FDA at 888-463-6332 and www.fda.gov. Additional constraints may apply. It is important that exhibitors comply with and remain updated on FDA guidelines for exhibits and promotions to U. S. physicians and health care professionals. The AUA is not responsible for monitoring or approving exhibitor product displays and advertising as it relates to FDA compliance. The AUA will follow FDA instructions from official FDA personnel at the Show relating to correcting any violation of FDA policy by an exhibitor, including closing and removal of an exhibit from the Show.

No photographing or videotaping of the S&T Hall is allowed, without written pre-approval by the AUA. Photographing another exhibit, display, or person is prohibited. Permission to video and/or audio-record within your company’s booth does not apply to activations in other Show Management booths such as Product Theaters and Device Tech Talks. Separate permissions must be granted for other locations.

Unauthorized photographs and video (digital and analog) and photographic image storage mediums, including emails, electronic distribution on social media sites and internet/web-based systems, portable telephones, electronic tablet devices, etc., will be confiscated and are subject to destruction by Show Management.

Exhibitors may request permission in writing from the AUA to photograph their own booth for internal marketing purposes only. Requests for photography can be made through the Booth Activity and Giveaway Form no later than April 9, 2024.

The AUA encourages exhibitors to plan appropriate activities for physician attendees. The AUA reserves the right to refuse permission for and/or to discontinue any booth activity, demonstration, presentation, giveaway or contest that has not been pre-approved in writing. The AUA also reserves the right to discontinue and/or suspend any booth activity, demonstration, presentation, giveaway, or contest at any time at its sole discretion. Approval forms are available at www.auanet.org/AUA2024.

The Booth Activity and Giveaway Form (for speaker presentations, machinery, booth activities, demonstrations, giveaways, and contests) must be completed and returned to the AUA by April 9, 2024.

Exhibitors hosting Bioskills Hub must also complete and return the Bioskills Hub Activity Form. This form will be provided once your Bioskills Hub contract has been received. For more questions about hosting a Bioskills Hub visit www.AUAnet.org/AUA2024.

All exhibitor crowd-control measures must comply with local codes, ordinances, and other applicable rules.

All exhibitors should have plans to prevent congesting the aisles and disrupting neighboring exhibits. All attendees visiting booths should be inside booth boundaries at all times. Rope and stanchion to form orderly waiting lines inside exhibitor booth space are required for large gatherings and will be ordered and installed, if necessary, at the exhibitor’s expense. Attendee congestion in the aisles outside a booth is an indicator of the need for a larger booth, which may be required by the AUA for the exhibitor to participate in future AUA exhibitions.

All food and beverages, including alcohol, must be ordered through and approved for distribution by The RK Culinary Group, the exclusive caterer of the Henry B. González Convention Center.

Exhibitors must obtain advance written approval from the AUA to serve food and beverages from their booths by April 9, 2024.

Submit proposed food and beverage items for distribution to the AUA attendees by completing Booth Activity and Giveaway Form

To control aisle congestion and reduce litter and spills, these rules must be observed:

  • Alcoholic beverages are to be served exclusively during the Saturday Networking Social on Saturday, May 4, 2024 between 4 p.m. – 6 p.m.
  • No food or beverages may be served in 10’x10’ booths (unless AUA approved).
  • No popcorn machines, fried foods (cooked in booth) or nuts with shells may be served from any booth.
  • Adequate trash receptacles and porter/cleaning personnel must be provided by exhibitor.
  • No hospitality may interfere with the access to neighboring booths.

Product demonstrations, presentations, and moderately valued entertainment/services may occur within the booth space as long as the activity is set a minimum of five feet (5’) from the edge of the booth to prevent congestion in the aisles. Exhibitors shall be responsible for the safety of all individuals participating in or viewing these activities. All such activities must comply with all federal, state, and local laws, regulations, ordinances, and other applicable rules.

All proposed booth activities must be submitted in advance to AUA Show Management for approval by April 9, 2024 by submitting requests through the Booth Activity and Giveaway Form. The AUA assumes no responsibility to monitor such activities but reserves the right to order changes or additional safety precautions or suspend any in-booth activity if any such activity is deemed unsafe, unlawful, not in keeping with the professional nature of the Show or violates AUA policy. The exhibitor agrees to make changes or to discontinue any demonstration, presentation, or moderately valued entertainment/service at the request of the AUA. Demonstrations or presentations using perishable substances are required to employ sanitary safeguards.

All gifts, giveaways, drawings, and contest items are subject to approval by the AUA. However, Exhibitor is solely responsible for ensuring that all gifts, giveaways, drawings, sweepstakes, prize promotions, and contests comply with federal, state, and local law. Local legal restrictions may govern approval of contests and drawings and may require the procurement of a license.

The AUA is a signatory to the Council of Medical Specialty Societies (CMSS) "Code for Interactions with Companies" (The Code) and follows their policy regarding exhibitor giveaways. The Code states in its principle 5.4.2 that "Societies will only permit exhibitor giveaways that are educational and modest in value."

In the annotation to Principle 5.4.2, the Code indicates that "Principle 5.4.2 does not apply to non-profit exhibitors or to exhibitors outside of the healthcare sector." The AUA considers examples of exhibitors not subject to Principle 5.4.2 to include non-profit advocacy groups, non-profit associations or physicians’ groups, physician recruiters and any exhibitor that is not considered a "Company" according to the CMSS "Code for Interactions with Companies."

The full text and document of the CMSS "Code for Interactions with Companies" is available for viewing at www.CMSS.org under "Revised Code for Interaction with Companies."

Giveaways from exhibitors not subject to the CMSS Code rules are still subject to approval by the AUA, and follow the AMA Code of Medical Ethics on gifts to physicians. These guidelines state that "Any gifts accepted by physicians individually should primarily entail a benefit to patients and should not be of substantial value. Accordingly, textbooks, modest meals, and other gifts are appropriate if they serve a genuine educational function. Cash payments should not be accepted…individual gifts of minimal value are permissible as long as the gifts are related to the physician’s work (e. g., pens and notepads)." The AUA defines "not of substantial value" as $100 or less.

Contests and drawings must be open to all attendees and be conducted in a professional manner. Distribution of prizes, notification of winners, and operation of the contest must not create a nuisance or cause interference with adjoining exhibits. Exhibitors must obtain advance written approval from the AUA to serve food and beverages from their booths and must be ordered through The RK Culinary Group, the Henry B. González Convention Center’s exclusive F&B Provider.

Submit to the AUA all proposed giveaways, drawings, contests, gifts, food, and beverage items for distribution to the AUA attendees by completing the Booth Activity and Giveaway Form by April 9, 2024.

Approval by AUA to conduct a contest or giveaway any item is not validation of the legality of the contest and is not an endorsement of the exhibitor, exhibitor’s product or service, or the item(s) being given away.

All presentations are subject to advance review and AUA approval whether they take place inside your booth or at an approved exhibitor event. This includes speakers presenting "in-person" or on screen via recorded video or live webcast. Such presentations include, but are not limited to, those that describe or endorse drugs, equipment or methods of treatment. AUA decisions in this matter will be final and binding on all exhibitors. All proposed speaker names must be submitted in advance to Show Management for approval by April 9, 2024 via the Booth Activity and Giveaway Form. Please look to our AUA Speaker and Faculty Guidelines for a full breakdown of speaker requirements.

If your booth activities include any sort of interactive or audio-visual components, see the Audio-Visual/Interactive Components Design Rules under "Booth Design and Construction." Please note the sound volume limit of 80 decibels for audio-visual presentations within the booth.

Use of lasers, compressed inert gases, and compressed liquids are subject to review and approval by the AUA and the Henry B. González Convention Center. All requests must be received in writing and should state the nature of the process or equipment to be demonstrated, the quantity of equipment, proof of insurance, and how demonstrations will avoid hazards to people or nearby objects. All requests for lasers, x-rays, and ultrasound equipment must be submitted to the AUA no later than April 9, 2024 and must fill out the Booth Activity and Giveaway Form. Please note, you will be asked to provide your booth’s proof of insurance and specifications of your laser in your submission.

The operation of X-ray equipment and radiographic equipment is permitted at Henry B. González Convention Center for AUA2024. Laser companies may not operate carbon dioxide, argon, helium-neon, or other types of lasers in a therapeutic or treatment mode without providing a suitable, enclosed space for demonstration and eye protection for those viewing and operating the laser. Large and prominent warning signs must be displayed advising viewers of laser use. The exhibitor must provide the needed personnel to ensure absolute safety for and control of viewers and operators. Sound volume from the operating of lasers must not exceed 80 decibels outside the booth.

Demonstrations of ultrasound scanning devices on human models are allowed as long as the models are not injured by the ultrasound demonstrations, either in single or repeated applications, and there is no danger from ultrasound to booth personnel or surrounding booths or attendees. A sign displayed in a prominent location must state the nature and duration of the demonstration.

Exhibitor is solely responsible for ensuring that use of lasers, X-Rays, ultrasound, or other medical devices or technology, and the use of any inherently dangerous substance, device, or equipment, complies with federal, state, and local laws, regulations, ordinances, and other applicable rules. Approval by AUA to use such substances, devices, equipment, and/or technology is not validation of compliance and does not constitute an endorsement by AUA.

Exhibitor understands and acknowledges that use of lasers, Xrays, ultrasound, and other medical devices (the "Activity") may be dangerous and may involve the risk that Exhibitor, Exhibitors employees, contractors, volunteers, and agents (together "Exhibitor"), as well as visitors to Exhibitor’s exhibit ("Visitors"), will sustain serious injury, temporary or permanent disability, death, and/or property damage. Exhibitor understands that the AUA will not supervise the Activity and that the AUA does not provide medical services. Exhibitor further acknowledges that any injury or damage Exhibitor or Visitors may sustain while visiting the exhibit or participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance. EXHIBITOR VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO EXHIBITOR’S ACTIVITY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE AUA.

Patient safety in the operating theater or room is paramount and should be considered the primary focus of any program, demonstration or presentation made for attendees of the Show. The AUA requires that all exhibitors and their agents, staff and contractors abide by and agree to the AUA Live Surgery Guidelines:

  • Patients should be fully informed and legally consented by the primary surgeon for planned live or recorded surgical demonstration at the institution in which the surgery is arranged.
  • Local hospital or institutional legal counsel should be informed and agreeable to said planned surgery by the primary surgeon. Written documentation of such agreement should be obtained at least 2 weeks prior to the planned surgery and be available on demand to the AUA.
  • The choice of a patient to undergo the planned surgery should meet acceptable indications for the anticipated procedure as outlined by the AUA clinical guidelines or best practice statements when feasible.
  • The primary surgeon may participate in direct live communication with the moderator(s) during the surgery but should maintain a clear understanding that patient safety overrides any educational objectives of the program.
  • The primary surgeon is encouraged to recruit a spokesperson to be present in the operating room who can field questions directly from the moderator(s) and be the primary communicator with the auditorium or audience. Such spokesperson will also filter acceptable questions and answers at appropriate times with the primary surgeon so as to minimize surgeon distraction intraoperatively.
  • Direct questions should come only from the moderator(s) in the auditorium. No questions should come directly from the audience to the operating theater or room, but such must be filtered through and communicated by only the moderator(s).
  • It is the primary surgeon’s and/or the moderator(s)’ prerogative to terminate such surgery or audio and visual communication with the live audience at any time during a live surgical demonstration if deemed to be in the best interest of the safety of the patient.

All exhibitors planning to present live or taped live surgery in their booths, skills labs or other meeting/demonstration spaces will be required to sign and submit a written statement of understanding of these guidelines and submit a completed Booth Activity and Giveaway Form no later than April 9, 2024 to the AUA.

No demonstration or presentation of live surgery will be allowed without a signed statement of understanding of these guidelines. The statement of understanding will be provided to the exhibitor once the Booth Activity and Giveaway Form has been submitted.

Exhibitor understands and acknowledges that surgery (the “Activity”) may be dangerous and may involve the risk that Exhibitor, Exhibitors employees, contractors, volunteers, and agents (together “Exhibitor”), as well as visitors to Exhibitor’s exhibit (“Visitors”), will sustain serious injury, temporary or permanent disability, death, and/or property damage. Exhibitor understands that the AUA will not supervise the Activity and that the AUA does not provide medical services. Exhibitor further acknowledges that any injury or damage Exhibitor or Visitors may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance. EXHIBITOR VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO EXHIBITOR’S ACTIVITY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE AUA.

Medical testing of surgical devices and procedures using live animals, cadavers, human or animal organs or tissue is subject to written pre-approval by the AUA and the Henry B. González Convention Center. Guidelines for the use of these medical education enhancements will be established by the AUA and the Henry B. González Convention Center. Local and federal regulations will govern the use and disposal of animal or human parts, organs, or bodies.

Exhibitor understands and acknowledges that medical testing of surgical devices and procedures using live animals, cadavers, human or animal organs or tissue (the “Activity”) may be dangerous and may involve the risk that Exhibitor, Exhibitors employees, contractors, volunteers, and agents (together “Exhibitor”), as well as visitors to Exhibitor’s exhibit (“Visitors”), will sustain serious injury, temporary or permanent disability, death, and/or property damage. Exhibitor understands that the AUA will not supervise the Activity and that the AUA does not provide medical services. Exhibitor further acknowledges that any injury Exhibitor or Visitors may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance. EXHIBITOR VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO EXHIBITOR’S ACTIVITY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE AUA.

The use of biological tissue, organs, or body parts must be pre-approved in writing by the AUA prior to the show. Biological waste brought into the Henry B. González Convention Center is the ultimate responsibility of the exhibitor. The exhibitor must adhere to all local and federal laws for transportation, storage and disposal of their biological waste.

All medical and biological waste must be disposed in accordance with the manner prescribed by guidelines of the State of Texas, the City of San Antonio, and the Occupational Safety and Health Act, and must be handled by a licensed medical waste transporter. The Exhibiting Company is responsible for all costs of disposal.

Exhibitors are required to notify the AUA in writing of the proposed use of biological materials by April 9, 2024. Requests can be made through the Booth Activity and Giveaway Form.

Exhibitor understands and acknowledges that use and disposal of biological and other hazardous materials (the “Activity”) may be dangerous and may involve the risk that Exhibitor, Exhibitors employees, contractors, volunteers, and agents (together “Exhibitor”), as well as visitors to Exhibitor’s exhibit (“Visitors”), will sustain serious injury, temporary or permanent disability, death, and/or property damage. Exhibitor understands that the AUA will not supervise the Activity and that the AUA does not provide medical services. Exhibitor further acknowledges that any injury Exhibitor or Visitors may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance. EXHIBITOR VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO EXHIBITOR’S ACTIVITY, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE AUA.

Eligibility to exhibit at the AUA Annual Meeting is determined solely by the AUA and generally restricted to companies directly related to the urological/medical field. The AUA reserves the right to require information from companies concerning their business at the AUA Annual Meeting and company business history before booth assignment is finalized.

Retail sales of exhibitor goods must be requested and approved in writing by the AUA at the time of contract. Any exhibitor not providing the AUA with advance written notice of the intent to conduct Retail Sales at AUA2024 may have their booth closed by Show Management at any time. Exhibitors must purchase booth space of sufficient size to accommodate their customer volume. The AUA reserves the right to require retail exhibitors to maintain a minimum booth size to ensure that all attendee interactions and commercial transactions occur within the perimeter boundaries of the exhibit booth.

Any type of booth can be involved in retail sales and the guidelines for each booth design type are applicable (see Booth Configurations for additional information about design types).

Any booth involved in retail sales shall submit booth designs for pre-approval by the AUA via the Booth Design Review Form before April 9, 2024.

  • Booth designs of all cash sale (retail) exhibitors must be approved by the AUA prior to move-in.
  • All booth activity must be conducted within the exhibit space. Exhibitors soliciting or engaging attendees for business purposes in the aisles of the exhibition hall will be asked by Show Management to return to their booth. Any continued solicitation activity outside the boundaries of their booth by the exhibitor, after one warning by Show Management, will result in the closing of the booth, forfeit and surrender of all exhibitor badges and removal from the Show of the exhibitor and their staff by Show Management.
  • To maintain a professional atmosphere, cash sales should be handled discreetly and appropriately.
  • If a retail product cannot be hand carried by the purchaser, then shipping arrangements must be made by Exhibitor.
  • AUA attendees will not be allowed in the S&T Hall prior to or after official exhibit hours. Therefore, all retail transactions must occur during official S&T Hall hours.

Please note: Although exhibitors may exchange cash, the facility does not have ATM’s.

Retail sales exhibitors are responsible for all pertinent business licenses, certificates, sales permits, and taxes required by the State of Texas and the City of San Antonio. Information regarding sales tax requirements and licenses are available at comptroller.texas.gov/taxes/sales.

Any booth that wants to bring a vehicle (car, truck, etc.) on the show floor must submit approval to the AUA by April 9, 2024 via the Booth Activity and Giveaway Form. Please defer to the rules of the Henry B. González Convention Center in regard to safety procedures and process of load in and load out. Exhibitors’ insurance policies provided under "Exhibitor and Exhibitor Designated Contractor Insurance Requirements" section should cover vehicles. Please see our complete insurance requirements under Exhibitor and Exhibitor Designated Contractor Insurance Requirements.

Internet services in the S&T Hall are supplied exclusively by Smart City at the Henry B. González Convention Center. Please note complimentary WiFi is not offered in the S&T Hall at AUA2024.

Due to the increased use of exhibitor-installed wireless internet networks in the S&T Hall, radio frequency interference has become a concern. The AUA wishes to protect all exhibitors and itself from the loss of business connectivity and commercial activity caused by wireless radio frequency interference in the S&T Hall and through-out the Henry B. González Convention Center.

All devices utilizing wireless technology inside the S&T Hall or the Show building should avoid utilizing devices manufactured in accordance with the Institute of Electrical and Electronics Engineers (IEEE) 802.11 2.4 GHz band spectrum as interference and channel overlap might cause loss of signal and disrupt connectivity. The AUA, in order to protect itself and its exhibitors against signal disruption, reserves the right to terminate or otherwise restrict the use of any wireless device that causes interference to the AUA or any other exhibitors because it operates in the 802.11 2.4 GHz band or any other RF band spectrum.

Radio frequency interference can also be caused by machinery, audio visual/computer equipment, and other types of electrically powered equipment. Exhibitors are responsible to maintain radio frequency emissions caused by their participation at the Show to within the purchased perimeter dimensions and height limitation of their booth. Exhibitors with equipment radiating radio frequency interference beyond the boundaries of their booth are subject to disconnection of the radio frequency emitting device or equipment by Show Management.

The use of flashing lights, megaphones, loudspeakers, side-show tactics or other noisy or undignified displays (i. e. excessive noise, heat, light, or pollution emanating from exhibits) is prohibited.

Helium balloons, sand, glitter, confetti, magnets, popcorn, nuts in shells, fried foods (cooked in booth), live animals (except pre-approved exhibits and service animals for the physically impaired or disabled), stick-on decals or other adhesive items, pyrotechnics, or any other items that are expressly prohibited at the Henry B. González Convention Center, are not allowed.

Note: The AUA’s list of prohibited items supersedes that of the Henry B. González Convention Center. Although the facility allows some of the above prohibited items, the AUA reserves the right to make the final decision.