California Code of Regulations › Title 13 - Motor Vehicles › Division 2 - Department of the California Highway Patrol › Chapter 11 - Rules Applicable to Use of State Property › Article 2 - Permits › Section 1855 - Permits for Activity on State Property

Current through Register 2024 Notice Reg. No. 28, July 12, 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.