N.M. Admin. Code § 19.5.5.14

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.5.5.14 - CONCESSION PERMITS

A. A concession permit is valid for one year or less. For outfitters and guides, the concession permit's full one-year period is from April 1st until March 31st annually. All other concession permits are valid for 12 months from the date of issue, unless otherwise indicated on the concession permit. The concession permit activity is allowed only on the date or dates of activity approved in the permit.

B. A person applying for a concession permit shall obtain a concession permit application from the superintendent at the park where the applicant intends to operate. The application shall require the following information: a detailed description and location of the proposed activity, when the proposed activity will take place and the number of people involved; the applicant's information including name, address and telephone number; the applicant's New Mexico tax identification number and proof of insurance naming the state of New Mexico, the department and the division, and if applicable the landowner from which the division leases the land or reservoir, as additional insured; and a hold harmless agreement signed by the applicant. The person shall complete the application and return it to the superintendent along with the concession permit fee (see 19.5.6 NMAC). An outfitter or guide shall submit a concession permit application to the superintendent by March 1st if the applicant intends to hold a concession permit for the full permit term beginning April 1st.

C. The superintendent shall review the application and determine whether the service or activity meets the following criteria:

(1) does not significantly adversely impact an existing concessionaire's operation;

(2) provides a needed service to park visitors or a service in which the public has shown a substantial interest;

(3) enhances, improves or protects park resources or enjoyment thereof; and

(4) meets the concession permit definition in 19.5.1.7 NMAC.

D. The superintendent should contact the applicant within 15 calendar days if the application is incomplete. The superintendent may request additional information from the applicant as necessary for the application's review and evaluation. The regional manager shall submit applications the superintendent and regional manager approve to the concessions administrator for the division's processing and review and the secretary's final approval.

E. The concession permittee shall not maintain fixed assets within the park.

F. The concession permittee's business address shall be outside of the park.

G. Concession permittees, their employees and their clients shall pay applicable fees associated with a park's use. See 19.5.6 NMAC.

H. A concession permit is valid only within the park for which it is issued. However, a concession permittee may use a single concession permit for Heron Lake state park and El Vado Lake state park or Elephant Butte Lake state park and Caballo Lake state park and Percha Dam state park.

I. The division shall not issue a concession permit until the applicant has provided proof of insurance for public liability for personal injury and property damage, which shall at a minimum provide a $1,000,000 limit for each occurrence and a $2,000,000 general aggregate limit in which the state of New Mexico, department and division, and if applicable the landowner from which the division leases the land or reservoir, are named as co-insured.

J. Concession permittees, their employees and their clients are subject to appropriate state rules and federal regulations.

K. Concession permits are not transferable. A concession permittee shall not sell or transfer a concession permit for any reason. The department shall not refund a portion of the permit fee if the permittee ceases business during the permit year.

L. The director may limit the number and type of concession permits issued for a park in order to protect park resources. In determining whether to limit the number or type of concession permits, the director shall consider factors such as impact to the park infrastructure or impact to natural resources such as vegetation, erodible soils, etc. The director may prescribe special requirements and conditions for concession permits when it is in the division or state's best interests, including limitations on use of park resources, grounds and facilities; designation of a specific area within a park in which a concession permittee is allowed to operate; designation of specific days or hours during which a concession permittee is allowed to operate; limitations on prices the concession permittee charges; requirements for submission of use and price data including number of customers and charges for services provided; and training requirements.

M. A permittee shall not violate a condition or restriction of the concession permit or 19.5.5 NMAC. The division may immediately cancel a concession permit if the permittee violates the concession permit or 19.5.5 NMAC.

N.M. Admin. Code § 19.5.5.14

19.5.5.14 NMAC - Rp, 19.5.5.14 NMAC, 1/1/2008; A, 1/1/2013