11 AAC 21.100. Commercial activities

(a) Engaging in soliciting, selling, or peddling liquids or edibles for human consumption, or distributing circulars, or hawking, peddling, or vending goods, wares, services, or merchandise in the preserve is prohibited, except as provided in regulations adopted by the Department of Education under AS 23.15, as provided in (b) of this section, or as provided in a concession contract for guided tours entered into under 11 AAC 14.200 - 11 AAC 14.260. Subsections (b) - (e) of this section apply to a concession contract for a commercial activity in the preserve.

(b) The director may negotiate a permit for commercial activity if

(1) it does not exclude others from lawful enjoyment of the preserve;

(2) issuance of the permit is compatible with the purposes for which the preserve was established;

(3) the director does not anticipate the need to limit the number of individuals or firms providing the service in order to protect public use of the preserve or to protect public use of the preserve or to protect preserve resources;

(4) the applicant pays the nonrefundable fees, established under 11 AAC 05.010 with the advice of the council, which will give the state a fair and reasonable return in light of the cost of administering the activity permitted, the impact of the proposed activity on the preserve, the incidental benefit that might be provided the preserve, goods or services provided to the state, and the gross business receipts attributable to the activity;

(5) the term of the permit is for no longer than two years, with a two-year renewal clause at the discretion of the director, and is revocable at any time the director determines that public safety, health, or welfare is imperiled, or that the natural or cultural resources of the preserve are being damaged; and

(6) the state is held harmless from all claims, demands, suits, loss, liability, and expense for injury to, or death of, a person arising out of or connected with the uses covered by the permit.

(c) The director may require that a permit contain conditions that require the permittee or the permittee's agents or employees to

(1) possess required borough, state, or federal licenses, registrations, or certifications that are applicable to the activity authorized by this section;

(2) indemnify, hold harmless, and defend the state, its officers, agents, and employees from liability of any nature or kind;

(3) mark vehicles used in providing commercial services with specific identification;

(4) be in or aboard a vehicle being used for activities authorized by this section;

(5) be liable for the repair of any damage to land, water, facilities, or resources resulting from the actions of the permittee or his or her agents, employees, or clients;

(6) report any accidents involving personal injury or incidents of wildlife hazards, or the loss of equipment;

(7) have a first aid certification recognized by state or national registration;

(8) provide proof of liability insurance at a minimum of $100,000 per individual and $300,000 per event, and designating the State of Alaska as "the additional named insured with notice of cancellation;" the director may require a higher amount of liability insurance for activities that involve a high degree of risk for the participants.

(d) Public use restrictions implemented in accordance with 11 AAC 21.105 apply to commercial use permittees.

(e) No permittee or permittee's agent or employee may violate the conditions of the permit. Upon any violation of a permit condition, the director may suspend or revoke the permit. Each day in violation of the permit conditions set out in (c) of this section constitutes a separate violation.

History: Eff. 2/3/88, Register 105

Authority: AS 41.21.020

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