A.
In addition to the definitions provided under A.R.S.
§
17-101, the following definitions apply to this Section, unless otherwise
specified:
"Applicant" means a person who
submits to the Department an application to conduct a solicitation or event on
Department property.
"Certificate of insurance" means
an official document issued by the solicitor's or event organizer's insurance
carrier providing coverage for the solicitor or event organizer for general
commercial, professional, workers compensation, auto, real, and personal
property liability coverage determined by the Department as adequate for the
solicitation or event activities.
"Department property" means those
buildings or grounds under the jurisdiction of the Arizona Game and Fish
Commission.
"Person" has the meaning as
provided under A.R.S. §
1-215 .
"Solicitation" means any activity
that may be considered or interpreted as promoting, selling, or transferring
products, services, memberships, or causes, or for participation in an event or
activity of any kind, including organizational, educational, public affairs, or
protest activities, including the distribution or posting of advertising,
handbills, leaflets, circulars, posters, or other printed materials for these
purposes.
"Solicitation material" means
advertising, circulars, flyers, handbills, leaflets, posters, or other printed
information.
"Solicitor" means the person or
persons conducting a solicitation or event.
"Work-site" means any location
on Department property where employees conduct the daily business of the
Department, including eating areas and break rooms.
B.
A. All Department buildings, properties, and wildlife
areas are designated non-public forums and are closed to all solicitations and
events unless permitted by the Department.
1.
Conduct partisan political activity on Department
property or in Department work-sites.
2.
Post solicitation material on Department property
without express written permission from the Department.
3.
Schedule or conduct a solicitation or event on state
property without express written permission from the
Department.
B. A
solicitation or event on Department property shall not:
1. Conflict with the Department's mission;
or
2. Constitute partisan political
activity, the activity of a political campaign, or influence in any way an
election or the results thereof.
C. A request for permission to conduct a
solicitation or event on Department property shall be directed to the
responsible Regional Supervisor or Branch Chief who shall initially determine
whether an application is required for the solicitation or event.
C.
D. If it is determined that an application is
required, the person may apply for a solicitation or event permit by submitting
a completed solicitation or event application to any Department office or
Department Headquarters, Director's Office, at 5000 W. Carefree Hwy, Phoenix,
AZ 85086. The application form is furnished by the Department and available at
all Department offices.
1. An applicant shall
submit an application:
a. Not more than six
months prior to the solicitation or event; and
a.
b. Not less than 14
days prior to the desired date of the solicitation or event for solicitations
other than the posting of advertising, handbills, leaflets, circulars, posters,
or other printed materials; or
b.
c. Not less than 10
days prior to the desired date of the solicitation or event for solicitations
involving only the posting of advertising, handbills, leaflets, circulars,
posters, or other printed materials.
3.
2. An applicant shall
provide all of the following information on the application:
a. Sponsor's name, address, and telephone
number;
b. Sponsor's e-mail
address, when available;
c. Contact
person's name and telephone number, when the sponsor is an
organization;
d. Proposed date of
the solicitation or event;
e.
Specific, proposed location for the solicitation or event;
f. Starting and approximate concluding
times;
g. General description of
the solicitation or event's purpose;
h. Anticipated number of attendees, when
applicable;
i. Amount of fees to be
charged to attendees, when applicable;
j. Detailed description of any activity that
will occur at the solicitation or event, including a detailed map of the
solicitation or event and any equipment that will be used, e.g., tents, tables,
etc.;
k. Copies of any solicitation
materials to be distributed to the public or to be posted on Department
property;
l. Copy of a current and
valid license issued by the Arizona Department of Liquor Licenses and Control,
required when the applicant intends to sell alcohol at the solicitation or
event; and
m. The contact person's
signature and date. The person's signature on the application certifies that
the sponsor:
a.
i. Assumes risk of injury to persons or
property;
b.
ii. Agrees to hold harmless the state of Arizona, its
officials, Departments, employees, and agents against all claims arising from
the use of Department facilities;
c.
iii. Assumes
responsibility for any damages or clean-up costs due to the solicitation or
event, solicitation or event cleanup, or solicitation or event damage repair;
and
d.
iv. Agrees to surrender the premises in a clean and orderly
condition.
5. An applicant who is required
to provide insurance for a solicitation or event shall list the state of
Arizona and the Arizona Game and Fish Department as additional insured
entities.
D.
E. The Department may take any of the following
actions to the extent necessary and in the best interest of the State:
1. Require the sponsor to furnish all
necessary labor, material, and equipment for the solicitation or
event;
1.
2. Require the sponsor to post a deposit against
damage and cleanup expense;
3.
Require indemnification of the state of Arizona, its Departments, agencies,
officers, and employees;
2.
4. Require the sponsor
to carry adequate insurance and provide certificates of insurance to the
Department not less than ten business days before the solicitation or event. A
certificate of insurance for a solicitation or event shall name the state of
Arizona, its Departments, agencies, boards, commissions, officers, agents, and
employees as additional insureds;
5. Require the sponsor to enter into written
agreements with any vendors and subcontractors and require vendors and
subcontractors to provide certificates of insurance to the Department not less
than ten business days before the solicitation or event. A certificate of
insurance for a solicitation or event shall name the state of Arizona, its
Departments, agencies, boards, commissions, officers, agents, and employees as
additional insureds;
3.
6. Require the sponsor to provide medical support,
security, and sanitary services, including public restrooms; and
4.
7.
Impose additional conditions not otherwise specified under this Section on the
conduct of the solicitation or event.
E.
F. The Department may consider the following criteria
when determining whether any of the actions in subsection (E) are necessary and
in the best interest of the state:
1. Previous
experience with similar solicitations or events;
2. Deposits required for similar
solicitations or events in Arizona;
3. Risk data; and
4. Medical, sanitary, and security services
required for similar solicitations or events in Arizona and the cost of those
services
5.
The applicant's ability to pay a deposit, an
insurance premium, or a service provider.
F.
The Department shall not provide insurance or
guarantee against damage to equipment or personal property of any person using
Department property for a solicitation or event.
G. The Department shall
designate the hours of use for Department property.
H. The Department shall inspect the
solicitation or event site at the conclusion of activities and document any
damage or cleanup costs incurred because of the solicitation or event. The
sponsor shall be responsible for any cleanup or damage costs associated with
the solicitation or event.
I. The
sponsor shall not allow, without the express written permission of the
Department, the possession, use, or consumption of alcoholic beverages at the
solicitation or event site. When the Department provides written permission for
the possession, use, or consumption of alcoholic beverages at the solicitation
or event site, the sponsor shall provide to the Department:
1. A copy of a current and valid license
issued by the Arizona Department of Liquor Licenses and Control to the sponsor
and vendor, required when the applicant intends to sell alcohol at the
solicitation or event; and
2. A
liquor liability rider, included with the insurance certificate required under
subsection (E)(4).
J.
The sponsor shall not allow unlawful possession or use of drugs at the
solicitation or event site.
J.
K. The
Department shall deny an application for any of the following reasons:
1. The solicitation or event interferes with
the work of an employee or the daily business of the Department;
2. The solicitation or event conflicts with
the time, place, manner, or duration of other approved or pending solicitations
or events;
3. The content of the
solicitation or event conflicts with or is unrelated to the Department's
activities or its mission;
4. The
solicitation or event presents a risk of injury or illness to persons or risk
of damage to property;
5. The
sponsor cannot demonstrate adequate compliance with applicable local, state, or
federal laws, ordinances, codes, or regulations, or
5.
6. The sponsor has not
complied with the requirements of the application process or this Section.
L. At all times, the
Department reserves the right to immediately remove or cause to be removed all
obstructions or other hazards of the solicitation or event that could damage
state property, inhibit egress, or poses a safety risk. The Department also
reserves the right to immediately remove or cause to be removed any person
damaging state property, inhibiting egress, or posing a threat to public health
and safety.
K.
M. The
Department may revoke approval of a solicitation or event due to emergency
circumstances or for failure to comply with this Section.
L.
N.
The Department shall send written notice of the denial or
revocation of an approved permit. The notice shall contain
1. the reason for the
denial or revocation
2.
The applicant's right to seek a hearing under A.R.S.
§
41-1092 et
seq.
M.
O. A sponsor:
1. Is liable to the Department for damage to
Department property and any expense arising out of the sponsor's use of
Department property.
N.
2. Shall post
solicitation material only in designated posting areas.
O.
A solicitor or event organizer is liable to the
Department for damage to Department property and any expense arising out of the
solicitor's or event organizer's use of Department property.
P.
3. Shall ensure that a solicitation or event on
Department property causes the minimum infringement of use to the public and
government operation.
4. Shall
modify or terminate a solicitation or event, upon request by the Department, if
the Department determines that the solicitation or event unacceptably infringes
on the Department's operations or causes an unacceptable risk of liability
exposure to the State.
Q.
P. When
conducting an event on Department property, a sponsor shall:
1. Park or direct vehicles in designated
parking areas.
2. Obey all posted
requirements and restrictions.
3.
Designate one person to act as a monitor for every 50 persons anticipated to
attend the solicitation or event. The monitor shall act as a contact person for
the Department for the purposes of the solicitation or event.
4. Ensure that all safety standards,
guidelines, and requirements are followed.
5. Implement additional safety requirements
upon request by the Department.
6.
Ensure all obstructions and hazards are eliminated.
7. Ensure trash and waste is properly
disposed of throughout the solicitation or event.
R.
At all times, the Department reserves the right to
immediately remove or cause to be removed all items of the solicitation or
event that could damage state property, inhibit egress, or poses a safety
issue. The Department also reserves the right to immediately remove or cause to
be removed all solicitors, event organizers, or attendees damaging state
property, inhibiting egress, or posing a threat to public health and
safety.
S.
Q. The
Department shall revoke or terminate the solicitation or event if a sponsor
fails to comply with a Department request or any one of the following minimum
safety requirements:
1. All solicitation or
event activities shall comply with all applicable federal, state, and local
laws, ordinances, codes, statues, rules, and regulations.
2. The layout of the solicitation or event
shall ensure that emergency vehicles will have access at all times.
3. The Department may conduct periodic safety
checks throughout the solicitation or event.
T.
R. This Section does not apply to government
agencies.
