11 AAC 18.040. Competitive park use permits for commercial activities

(a) The director may competitively bid a permit for a commercial activity if he or she finds that

(1) the conditions of 11 AAC 18.025 are met;

(2) there is commercial viability for the activity proposed;

(3) there is a need to limit the number of permits to protect public use of the park or to protect park resources, or there is a need to prevent one business or person from monopolizing commercial activities within a park or portion of a park, or without limitation of the number of permits there would likely be a degradation of quality of the recreational experience in the park, or there may be an unlimited demand for space within a park; and

(4) the commercial activity is compatible with the statutory purposes for which the park was established, or in the absence of specific statutory purpose the commercial activity is found by the director to be compatible with public recreation and resource protection.

(b) The process for competitive bidding under this section shall be determined by the director.

(1) declare that the state assumes no risk of financial loss whatsoever, and the state guarantees no financial gain or opportunity to profit whatsoever;

(2) prohibit any assignment of rights or responsibilities to perform the stipulations in the permit absent the written permission of the director; and

(3) terminate after no more than five years with a possibility of renewal for five to 10 more years, and it is revocable at any time that the director determines that the criteria set by 11 AAC 18.025(c) are not being met, the public interest is not otherwise served, or the terms and conditions of the permit are not followed.

(d) The minimum bid price for a permit under this section is $200 per permit per calendar year, and this minimum bid may be increased by the director to give the state a fair and reasonable return in light of the cost of administering the activity permitted under this section, the impact of the proposed activity on the park, the incidental benefit that might be provided the park, goods or services provided to the state, and the gross business receipts attributable to the activity.

(e) The provisions of 11 AAC 18.030(b) apply to a permit issued under this section.

(f) The director may limit the number of competitive commercial use permits an individual may hold.

(g) No permittee, or permittee's agent or employee, may violate the conditions of the permit. Upon any violation of a condition of the permit, the director may suspend or revoke the permit. Each day in violation of the permit conditions constitutes a separate offense under AS 41.21.950 .

History: Eff. 7/1/89, Register 110; am 1/16/2005, Register 173

Authority: AS 41.21.020

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