No. 34507 (Amendment): Section R651-608-1. Permit Requirements

(Amendment)

DAR File No.: 34507
Filed: 03/14/2011 01:20:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Currently in the Division's rules there are references to Special Events and it is inferred that the Special Use Permit is used only for those Special Events. The park managers and region managers need the flexibility to issue permission through the Special Use Permit for additional purposes. This also fills the gap between Special Events contracts and Concession contracts.

Summary of the rule or change:

The park managers and region managers need the flexibility to issue permission through the Special Use Permit for additional purposes. This also fills the gap between Special Events contracts and Concession contracts. Some parks uses and examples of activities include Special Events, noncommercial such as family reunions, conference outings, large group parties, and noncommercial competitions; Special Events, Commercial might include boat shows, park co-sponsored events in which vendors sell items to the public, fishing tournaments, and other commercial competitions; Concession operations, temporary and emergency might include temporary and emergency use and operation of concession facilities, such as cafes or boat rentals, where the prior concessioner fails to perform or ceases operations without sufficient notice to appoint another concessioner in a timely manner; Commercial services as guides, provisioners and outfitters might include providers in such areas as river guides, guided rock climbing and guided hiking. The concession contracting process requires formalized competitive bidding using the services of Utah State Purchasing.

State statutory or constitutional authorization for this rule:

• Section 79-4-501

Anticipated cost or savings to:

the state budget:

There will be $6,000 total financial gain as follows: $1,000 savings due to the reduced cost of contracting with guides, outfitters, and provisioners. This rule will allow guides, outfitters, and provisioners to offer services under a Special Use Permit for a period of up to three years instead of one year at a time, and all contracting will be conducted at the park and region management level, decentralizing this process, and saving costs. There will be $5,000 increased revenue, fees from operations of temporary concessions, thus using concession assets at times when they would otherwise lay idle. These will generate from 5% to 10% fees on gross receipts of such operations. This temporary concession operation is meant to fill gaps between concession contracts, at times when a concession contract may be terminated abruptly or new assets are completed, and the concession contracting process has not had full time and opportunity to enter into a new concession contract.

local governments:

There would possibly be an economic benefit to local governments through a slight increase in taxable sales and increased visitor traffic to the local area.

small businesses:

There will be $1,000 saved. The guides, outfitters, and provisioners are small business persons who prefer to contract in this new manner instead of their prior options, which were: a Special Use Permit for only one year, or a formal Concession Contract.

persons other than small businesses, businesses, or local governmental entities:

Persons other than small businesses are not affected by this rule change because it deals with those using Special Use Permits.

Compliance costs for affected persons:

The compliance costs are seen in the reduced cost to small business.

Comments by the department head on the fiscal impact the rule may have on businesses:

This change enhances business opportunities.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/02/2011

This rule may become effective on:

05/09/2011

Authorized by:

Fred Hayes, Acting Operations Deputy Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-608. Events of Special Uses.

R651-608-1. Permit Requirements.

A special assembly, exhibit, public speech, public demonstration, or special activity or use (in this Rule collectively called "event") shall be by special use permit ("permit").

(1) REQUESTS. The person or group desiring to conduct an event shall request a permit from the local park manager, region or the Division's main office at least 30 business days before the proposed event. Late requests may be accepted subject to the terms of subsection (4) below.

(2) REQUIREMENTS. The Division director or his designee shall have the discretion to grant or deny the request for permit. A permit may be granted only on the following requirements: (a) No event may substantially interrupt the safe and orderly operation of the park or facility; (b) No event may unduly interfere with proper fire, police, ambulance or other life-safety protection or service to areas where the activity will take place or areas contiguous thereto; (c) No event may be reasonably likely to cause injury to persons or property; (d) [No event may be held for the primary purpose of advertising the goods, wares or merchandise of a particular business establishment or vendor; (e)] No event may involve pornographic or obscene materials or performances, or materials harmful to minors, as those terms are used in the Utah criminal code or in applicable local ordinances; and (f) liability insurance will be required, co-insuring the Division.

(3) CONFLICTING REQUESTS.

(a) Considerations. When two or more persons, groups or organizations request to use a park or facility for events that conflict as to time, place, or purpose, the Division director or his designee shall evaluate: (i) the size, nature and purpose of each event; (ii) each event's historical or traditional use of the park or facility; (iii) the date and time each conflicting request was received by the Division: (iv) whether an event would require Division support services; (v) possible alternative places or times for the conflicting events; and (vi) other factors that would resolve the conflicts, protect the public safety, health, and welfare, or assist the Division in regulating the time, place, and manner of the events.

(b) Disposition. After obtaining the relevant information and weighing the relevant considerations stated in the immediately preceding paragraph, the Division director or his designee shall resolve the conflict (i) by the parties' agreement to modify the requests to avoid conflicts and accommodate the public interest; or (ii) if no voluntary agreement is reached, by ordering the time, place, and manner for each requested event; or (iii) by exercising his discretion to deny one or more or all of the requests.

(4) LATE REQUESTS. When a request for permit is not timely made under subsection (1), the request shall state the grounds for its untimeliness. If the Division director or his designee determines that the untimeliness should be excused because of exigency, unexpected circumstances, or other reasons, the request shall be processed.

(5) APPEALS. There shall be no right to administrative appeal of the decision granting or denying a request for permit.

 

KEY: parks

Date of Enactment or Last Substantive Amendment: [March 6, 2001]2011

Notice of Continuation: July 7, 2008

Authorizing, and Implemented or Interpreted Law: 79-4-501

 

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