11 AAC 18.040 - Competitive park use permits for commercial activities
(a) The director
may competitively bid a permit for a commercial activity if he or she finds
that
(1) the conditions of
11 AAC 18.025 are met;
(2) there is commercial viability for the
activity proposed;
(3) there is a
need to limit the number of permits to protect public use of the park or to
protect park resources, or there is a need to prevent one business or person
from monopolizing commercial activities within a park or portion of a park, or
without limitation of the number of permits there would likely be a degradation
of quality of the recreational experience in the park, or there may be an
unlimited demand for space within a park; and
(4) the commercial activity is compatible
with the statutory purposes for which the park was established, or in the
absence of specific statutory purpose the commercial activity is found by the
director to be compatible with public recreation and resource
protection.
(b) The
process for competitive bidding under this section shall be determined by the
director.
(c) A permit issued under
this section must
(1) declare that the state
assumes no risk of financial loss whatsoever, and the state guarantees no
financial gain or opportunity to profit whatsoever;
(2) prohibit any assignment of rights or
responsibilities to perform the stipulations in the permit absent the written
permission of the director; and
(3)
terminate after no more than five years with a possibility of renewal for five
to 10 more years, and it is revocable at any time that the director determines
that the criteria set by
11 AAC 18.025(c)
are not being met, the public interest is not otherwise served, or the terms
and conditions of the permit are not followed.
(d) The minimum bid price for a permit under
this section is $200 per permit per calendar year, and this minimum bid may be
increased by the director to give the state a fair and reasonable return in
light of the cost of administering the activity permitted under this section,
the impact of the proposed activity on the park, the incidental benefit that
might be provided the park, goods or services provided to the state, and the
gross business receipts attributable to the activity.
(e) The provisions of
11 AAC 18.030(b)
apply to a permit issued under this section.
(f) The director may limit the number of
competitive commercial use permits an individual may hold.
(g) No permittee, or permittee's agent or
employee, may violate the conditions of the permit. Upon any violation of a
condition of the permit, the director may suspend or revoke the permit. Each
day in violation of the permit conditions constitutes a separate offense under
AS
41.21.950.
Notes
Authority:AS 41.21.020
AS 41.21.026
AS 41.21.040
AS 41.21.950
AS 41.21.955
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