N.M. Admin. Code § 19.5.5.14 - CONCESSION PERMITS
A. A
concession permit is valid for one year or less. For outfitters and guides, the
concession permit's full one-year period is from April 1st until March 31st
annually. All other concession permits are valid for 12 months from the date of
issue, unless otherwise indicated on the concession permit. The concession
permit activity is allowed only on the date or dates of activity approved in
the permit.
B. A person applying for
a concession permit shall obtain a concession permit application from the
superintendent at the park where the applicant intends to operate. The
application shall require the following information: a detailed description and
location of the proposed activity, when the proposed activity will take place
and the number of people involved; the applicant's information including name,
address and telephone number; the applicant's New Mexico tax identification
number and proof of insurance naming the state of New Mexico, the department
and the division, and if applicable the landowner from which the division
leases the land or reservoir, as additional insured; and a hold harmless
agreement signed by the applicant. The person shall complete the application
and return it to the superintendent along with the concession permit fee (see
19.5.6 NMAC). An outfitter or guide shall submit a concession permit
application to the superintendent by March 1st if the applicant intends to hold
a concession permit for the full permit term beginning April 1st.
C. The superintendent shall review the
application and determine whether the service or activity meets the following
criteria:
(1) does not significantly
adversely impact an existing concessionaire's operation;
(2) provides a needed service to park
visitors or a service in which the public has shown a substantial
interest;
(3) enhances, improves or
protects park resources or enjoyment thereof; and
(4) meets the concession permit definition in
19.5.1.7 NMAC.
D. The superintendent should
contact the applicant within 15 calendar days if the application is incomplete.
The superintendent may request additional information from the applicant as
necessary for the application's review and evaluation. The regional manager
shall submit applications the superintendent and regional manager approve to
the concessions administrator for the division's processing and review and the
secretary's final approval.
E. The
concession permittee shall not maintain fixed assets within the park.
F. The concession permittee's business
address shall be outside of the park.
G. Concession permittees, their employees and
their clients shall pay applicable fees associated with a park's use. See
19.5.6 NMAC.
H. A concession permit
is valid only within the park for which it is issued. However, a concession
permittee may use a single concession permit for Heron Lake state park and El
Vado Lake state park or Elephant Butte Lake state park and Caballo Lake state
park and Percha Dam state park.
I.
The division shall not issue a concession permit until the applicant has
provided proof of insurance for public liability for personal injury and
property damage, which shall at a minimum provide a $1,000,000 limit for each
occurrence and a $2,000,000 general aggregate limit in which the state of New
Mexico, department and division, and if applicable the landowner from which the
division leases the land or reservoir, are named as co-insured.
J. Concession permittees, their employees and
their clients are subject to appropriate state rules and federal
regulations.
K. Concession permits
are not transferable. A concession permittee shall not sell or transfer a
concession permit for any reason. The department shall not refund a portion of
the permit fee if the permittee ceases business during the permit
year.
L. The director may limit the
number and type of concession permits issued for a park in order to protect
park resources. In determining whether to limit the number or type of
concession permits, the director shall consider factors such as impact to the
park infrastructure or impact to natural resources such as vegetation, erodible
soils, etc. The director may prescribe special requirements and conditions for
concession permits when it is in the division or state's best interests,
including limitations on use of park resources, grounds and facilities;
designation of a specific area within a park in which a concession permittee is
allowed to operate; designation of specific days or hours during which a
concession permittee is allowed to operate; limitations on prices the
concession permittee charges; requirements for submission of use and price data
including number of customers and charges for services provided; and training
requirements.
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