Ga. Comp. R. & Regs. R. 391-4-5-.03 - Application for Marine Event Permit

(1) Any person seeking to conduct a marine event shall submit an application to the Department at least thirty (30) days prior to the date of the proposed marine event; provided, however, a person seeking to conduct a marine event which is likely to attract 10,000 or more participants and spectators shall submit an application to the Department at least ninety (90) days prior to such proposed event.

(2) Permit applications shall be on forms furnished by the Department and may be submitted for single or multiple events.

(3) The issuance of a permit for a marine event to be held on the waters of this state shall be conditioned upon the receipt of either an indemnity bond or forfeiture bond as outlined in subparagraphs (a) and (b) below:

(a) The issuance of a permit for a marine event to be held on the waters of this State, when it is anticipated that such event will attract 10,000 or more participants shall be conditioned upon the receipt of an indemnity bond as required in subsection (c) of Section 6, of the Georgia Boat Safety Act, as amended, and Rule 391-4-5-.18 herein.

(b) The issuance of a permit for a marine event to be held on the waters of this State, when it is anticipated that such event will attract 10,000 or more participants and spectators, shall be conditioned upon the receipt of a forfeiture bond as required in subsection (c) of Section 6, of the Georgia Boat Safety Act, as amended, and Rule 391-4-5-.18 herein.

(4) Prior to the issuance of a permit for a marine event proposed to be held in an area where two or more governmental entities have jurisdiction, the Commissioner may consult with any of the affected governmental entities concerning said permit.

(5) Non-compliance with the provisions of the Georgia Boat Safety Act or these regulations may constitute basis for revocation of permit.

(6) Any person seeking to conduct an organized and/or advertised regatta, boat race, marine parade, tournament or exhibition, who believes that such event may not introduce the degree of extra or unusual hazard that would require the event to be defined as a "marine event", may request a determination, in advance of the times specified in subsection (1) above, of whether a permit will be required.

(7) The sponsor's written certification of the following circumstances and conditions will justify a determination that no permit is required unless the Commissioner determines that despite said certification, the proposed event does pose an extra or unusual hazard so as to require a permit:

(a) The event will not attract more than 500 spectators and/or participants.

(b) All participants in the event are either knowledgeable or have been notified of the requirements of the Georgia Boat Safety Act, as amended, with special attention to the safety equipment provisions.

(c) The event will not be publicized by paid advertising in the public media.

(d) The event will not preempt the public's unrestricted use of the resource base.

(e) The person responsible for the management of the water body upon which the event will be held has been notified thereof and appropriate consultation with such person has occurred.

(8) Repealed.

(9) Notice of Denial.

(a) Whenever the Commissioner has denied a permit for an event which has been advertised sufficiently to allow him to reasonably infer that prospective participants, in the absence of notice of said denial, would gather at the advertised time and place and be likely to attempt to proceed with the event despite the lack of a permit, he may require the sponsor to notify the public of the denial of the permit and that such event will not be held. The notice shall be disseminated at a time and in a manner calculated to effectively reach the members of the public to whom the previous advertising was directed.

(b) Whenever the Commissioner has received information on the basis of which he can reasonably conclude that any person has, without submitting an application therefor, promoted, organized or advertised a proposed marine event the conduct of which requires a permit, he may notify said person that he shall not conduct or participate in such marine event without the required permit therefor. In the event said person fails or refuses to apply for a permit within a reasonable time thereafter, the Commissioner may require such person to notify the public that the advertised marine event will not be held due to failure or refusal to apply for or the denial of a permit. Such notice shall be disseminated at a time and in a manner calculated to effectively reach the members of the public to whom the previous advertising was directed.

Notes

Ga. Comp. R. & Regs. R. 391-4-5-.03

Ga. L. 1937, p. 264 as amended; Ga. L. 1973, p. 1427, as amended.

Original Rule entitled "Fire Extinguishers" was received in the Office of Secretary of State on July 11, 1975, in accordance with Section 22 of the Georgia Boat Safety Act of 1973, Ga. Laws 1973, p. 1443. Amended: Rule repealed and a new Rule entitled "Rules of the Road" adopted. Filed October 6, 1976; effective October 26, 1976. Amended: Rule repealed and a new Rule entitled "Application for Marine Event Permit" adopted. Filed December 12, 1979; effective January 1, 1980. Amended: Filed January 30, 1981; effective February 19, 1981. Amended: Filed July 1, 1982; effective July 21, 1982.