Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Permit Application.
Applications for permits shall be made in writing on a "Permit Application For
Activity on State Property," CHP 398, (rev. 3/96) to the appropriate California
Highway Patrol office at least ten (10) business days prior to the commencement
of any activity discussed in Article 3 below.
(b)
Criteria for Issuance of
Permit. The Department shall issue a permit within ten (10) business
days of receipt of a complete and proper application, providing all of the
following criteria are met:
(1) The primary
purpose of the planned activity is not a "commercial activity." An application
shall be denied when the enterprise for which the permit is sought includes, as
its primary purpose, a commercial activity, whether or not other
non-commercial, non-profit endeavors are incorporated, or otherwise undertaken,
in conjunction with the commercial activity. Eligibility for a permit under
this section is confined to those individuals and business entities who seek to
engage in activity that is primarily non-commercial (e.g., an expression of
ideas or causes of a religious, artistic, political, charitable, educational or
cultural nature).
(2) The activity
planned can be conducted in the area designated without creating or causing
risk of injury or illness to persons; risk of damage or destruction to property
and/or impeding the performance of public business to be conducted in the
area.
(3) There is no conflict as
to time, place, manner, and/or duration of the subject activity with activities
for which permits have been issued or are pending issuance.
(4) Permits will not be issued earlier than
one (1) calendar year prior to the planned activity. No exclusive rights to
permits for designated events shall be issued for consecutive future years to
any one applicant.
(5) The activity
planned does not conflict with rules in Article 3 of this chapter unless the
approved permit specifically exempts the holder of the permit from the
rules.
(6) The holder of the permit
shall accept financial liability for any damages to state property by members
of his or her party and further agrees to leave the area clean. The permit may
not be assigned.
(7) Insurance may
be required on the planned size and/or complexity of the event as determined by
the Department after consultation with the Department of General Services,
Office of Risk and Insurance Management. Additionally, the Department of
General Services may require a bond or deposit to cover the cost of any
potential damage to state property.
(8) One (1) security person shall be
designated and provided by the permit holder, at his or her expense, for each
fifty (50) persons expected to be in attendance. Each member of security shall
wear a distinctive emblem, insignia, or article of wearing apparel at all times
during the activity for identification purposes. To provide reference to the
terms and conditions of the permit they are charged with enforcing, each member
of security shall have a copy of the activity permit on his or her person while
present at the event. Employees of the Department shall have the privilege of
inspecting the premises covered by this permit at any or all times.
(9) The permit and the rights thereunder may
not be assigned to a third party.
(c)
Duration of Permit.
Unless the Department otherwise approves, based on the application for permit,
a permit issued under sub-division (b) of this section shall not be valid more
than seven (7) calendar days. Extensions may be granted if the event time and
location is not in conflict with permits already granted.
(d)
Revocation of Permit.
The Department may revoke a permit if:
(1) It
determines that any activity covered by such permit is creating or causing risk
injury or illness to persons; risk of damage or destruction to property and/or
impeding the performance of public business to be conducted in the area or if
the permit holder or persons in their group violate any of the terms of their
permit.
(2) Prior to commencement
of the permitted event, the Department finds it necessary to cancel the permit
due to previously unknown circumstances. The Department reserves the right to
cancel any permit or change the location of the activity upon giving one (1)
day written notice to the holder of the permit without incurring any liability
on the part of the Department and the State of California.
(e)
Exemption. Permits are
not required for bake sales, craft sales, etc., organized and conducted at a
worksite by a group of state employees from said worksite, if the primary
purpose of the activity is to raise funds for donation to a non-profit
organization or raise funds for offsetting the cost of an employee organized
social activity. This exemption does not exempt said employees from the
necessity of obtaining other permits and permissions as may be required.
Employees should contact their respective building managers to determines the
proper approval process at their worksite.
1. New
article 2 (sections 1855-1857) and section filed 11-26-96; operative 12-26-96
(Register 96, No. 48).
2. Amendment of subsections (b)(4), (b)(7)
and (d)(2) filed 4-7-98; operative 5-7-98 (Register 98, No.
15).
Note: Authority cited: Section
14685,
Government Code. Reference: Section
14685(c),
Government Code.
