Current through November 28, 2024
(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 05.170 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.
Authority:AS
41.21.020
AS 41.21.026
AS 41.21.040
AS 41.21.610
AS
41.21.616
