reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:01 - Definitions › Section 41:13:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article are defined as follows:
(1) "Concessionaire," an operator of resort, restaurant, or marina services in the state park system who is authorized under a written lease or agreement directly with the Department of Game, Fish and Parks;
(2) "Concessionaire facilities," buildings, structures, fixtures, and other improvements permanently affixed to a building, structure, or lands subject to concession leases or agreements in such a manner as to be a part of the realty, provided by the concessionaire at the concessionaire's expense for the purposes of its concession lease or agreement. This term includes marina docks and slips provided by the concessionaire;
(3) "Government facilities," any buildings, structures, utility systems, fixtures, and other improvements permanently affixed to a building, structure, or lands subject to the concession leases or agreements that are constructed or acquired by the government and provided by the government for use by the concessionaire as provided in a concession lease or agreement;
(4) "Possessory interest," the financial interest of a concessionaire in concessionaire facilities, but not in the land on which such facilities are located, and in improvements to government facilities made at the concessionaire's expense with prior written approval of the commission;
(5) "Fair market value," as defined by the Uniform Standards of Professional Appraisal Practice, copyright 2003, by The Appraisal Foundation;
(6) "Personal property," any equipment, furniture, and goods necessary for concession operations that is not recognized as a fixture;
(7) "Commission," the South Dakota Game, Fish and Parks Commission;
(8) "Department," the South Dakota Department of Game, Fish and Parks; and
(9) "Qualified appraiser," a professional appraiser who holds the designation of a member of the Appraisal Institute or other similar designation.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
Uniform Standards of Professional Appraisal Practice
, 2003 edition, The Appraisal Foundation. Copies may be obtained from The Appraisal Foundation, 1029 Vermont Avenue, N.W., Suite 900, Washington, DC 20005-3517. Cost: $20.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:01 - Application of article

Current through Register Vol. 51, page 10, July 15, 2024
Unless an existing concession lease or agreement provides to the contrary, this article applies to new leases of concessionaires executed after the effective date of this article. As it relates to the current concession leases or agreements for Custer State Park and Spring Creek Resort, the following sections from the existing (1990) administrative rules shall apply between the effective date of this article and the expiration of the current lease in effect: subdivision 41:13:01:01(4), §
									41:13:02:02, and §§
									41:13:03:02  to 41:13:03:04, inclusive.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:02 - Establishment of possessory interest

Current through Register Vol. 51, page 10, July 15, 2024
A possessory interest may be established by a concessionaire in concessionaire facilities or government facilities to the extent the interest is purchased from a previous concessionaire, or paid for and constructed by the concessionaire with prior approval from the commission. Before construction, the commission shall identify all improvements and additions to the concession as either concessionaire facilities or government facilities. Possessory interest shall be transferred at the time a concession lease or agreement is executed and shall be so acknowledged in the new concession lease or agreement. Possessory interest values, including initial values at the beginning of a concession lease or agreement, shall be defined in or included as an exhibit to that document. The approval process for crediting of a possessory interest for improvements and additions funded by the concessionaire shall be defined in the lease or agreement with prior approval of the commission.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:03 - Compliance with performance standards

Current through Register Vol. 51, page 10, July 15, 2024
A concession lease or agreement shall include minimum performance standards. The concessionaire shall comply with these performance standards to the satisfaction of the commission. Such compliance constitutes satisfactory performance of the terms of the concession lease or agreement. Failure to comply with such standards constitutes grounds for termination of the concession lease or agreement.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:04 - Treatment of personal property

Current through Register Vol. 51, page 10, July 15, 2024
A concessionaire shall provide and be responsible for the maintenance, upkeep, and replacement of any personal property required under the terms of a lease or agreement.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:05 - Franchise fee

Current through Register Vol. 51, page 10, July 15, 2024
The concession lease or agreement shall provide for payment of a franchise fee or other monetary consideration as determined by the commission. In establishing a fee the concessionaire's reasonable opportunity to realize a profit on its operations commensurate with its capital invested and the obligations assumed shall be considered. A franchise fee shall be subordinate to protecting park values and providing quality visitor service.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:06 - Repair and maintenance reserve

Current through Register Vol. 51, page 10, July 15, 2024
In addition to a franchise fee, the concession lease or agreement may contain provisions that require the concessionaire to set aside a percentage of gross receipts or otherwise establish a reserve fund for repair, maintenance, and renovation to be used by the concessionaire for maintenance, repair, and renovation of concessionaire facilities and government facilities located in park areas and utilized by the concessionaire in the concessionaire's operations. The concessionaire and the commission shall review the reserve fund on an annual basis and agree upon a budget for the use of the reserve fund for the year in advance. The lease or agreement shall included project review and approval procedures. Projects to be funded entirely with reserve funds are not eligible for possessory interest credit. In certain circumstances, the lease or agreement or the commission may authorize the expenditure of repair and maintenance reserve funds or the establishment of another reserve for the replacement of personal property if the personal property is integral to the visitor experience or visitor safety. The concessionaire shall maintain the reserve fund. The concessionaire shall provide the commission with an annual accounting of the reserve fund's use. The commission and the concessionaire shall make every effort to expend all reserve funds by the end of the lease or agreement term. If there is a surplus at the end of the lease or agreement term, any remaining reserve funds shall be transferred to the commission for the purpose of ongoing maintenance of concessionaire facilities and government facilities associated with the respective concession lease or agreement. If there is a deficit at the end of the lease or agreement term, the concessionaire shall be granted possessory interest credit in the amount of the deficit.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:07 - Fees, rates, and prices for services and merchandise offered by a concessionaire

Current through Register Vol. 51, page 10, July 15, 2024
All fees, rates, and prices offered to the public by a concessionaire shall be reasonable and comparable to the fees, rates, and prices offered for similar services in the region of the concessionaire's operations or outside the region if similar services are not provided in the region. In addition, the commission reserves the right to establish reasonable standards as to the nature, type, and quality of the concessionaire's service and merchandise.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:08 - Names, logos, trademarks, and copyrights

Current through Register Vol. 51, page 10, July 15, 2024
Any names, logos, trademarks, or copyrights developed during or pursuant to a concession lease or agreement that in any way associates with, identifies, implicates, or infers an affiliation with the State of South Dakota Division of Parks and Recreation or the state park system, must receive prior approval from the commission and belongs to the state upon creation and continues in the state's exclusive ownership upon termination of the lease or agreement.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:09 - Information and reporting

Current through Register Vol. 51, page 10, July 15, 2024
The department, commission, or their representative shall have access to concessionaire books and records for the purposes of examination. The lease or agreement shall include requirements for reporting of financial data or reports, including any audit requirements and other operation reports and indicate the required frequency of the reporting. The lease or agreement shall include provisions that the concessionaire waive any right to the confidentiality of propriety information concerning the lease or agreement that the department determines to include in a prospectus issued under this article.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:10 - Insurance

Current through Register Vol. 51, page 10, July 15, 2024
The lease or agreement shall include minimum requirements for insurance, including types of insurance and amounts of coverage levels, and those to be named as additionally insured.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:11 - Collateral

Current through Register Vol. 51, page 10, July 15, 2024
The lease or agreement may require the concessionaire to furnish appropriate forms of collateral to insure performance of the obligations included in the lease or agreement.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:02 - General provisions › Section 41:13:02:12 - Breach of lease or agreement

Current through Register Vol. 51, page 10, July 15, 2024
The lease or agreement shall contain provisions addressing breach of the lease or agreement by the commission or the concessionaire.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:01 - Duration of concession lease or agreement

Current through Register Vol. 51, page 10, July 15, 2024
The concession lease or agreement, except for existing concession leases or agreements under negotiation, amendment, or renegotiation on the effective date of this article, may be issued for a term that the commission determines is required to allow the concessionaire a reasonable opportunity to realize a profit on the concessionaire's operations commensurate with the concessionaire's capital invested and the obligations assumed for the planned and negotiated investments by a concessionaire.
If, during the term of a concession lease or agreement, the commission and concessionaire agree that an authorized major addition, renovation, repair, or replacement should be made to the concessionaire's facilities or governmental facilities, to be provided by the concessionaire at the concessionaire's expense, the commission may extend the lease or agreement as provided in this section. At such time, all terms and conditions of the lease shall be reevaluated. This paragraph does not apply during the last 18 months before the expiration of the concession lease or agreement.
During the term of the concession lease or agreement, but not during the last 18 months before the expiration of the concession lease or agreement, the concessionaire may present to the commission for authorization a proposal for a major project that the concessionaire believes warrants an extension to the lease or agreement. This proposal shall include the following:
(1) A description of the proposed project, including consistency with park goals, and a description of why the improvements are in the public interest;
(2) An independent assessment of the market and financial viability of the proposed project;
(3) An independent cost estimate of the proposed project; and
(4) An analysis of the number of additional years required as part of the extension of the lease or agreement.
The commission shall review the proposal within 60 days and evaluate the proposal using the criteria listed above.
If determined by the commission to be in the public's best interest, the commission may at least 12 months prior to the termination of an existing concession lease or agreement negotiate with the concessionaire new lease terms and conditions. If the commission determines not to negotiate or the concessionaire does not accept the commission's terms and conditions, the existing agreement shall terminate according to the terms of the agreement. The commission shall select and award a new concession or lease agreement as provided in §
										41:13:03:09  and this chapter. Nothing in this section is intended to provide a concessionaire with any expectation of concession lease or agreement extension or renewal.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:02 - Procedure to determine compensation to a concessionaire upon expiration of lease or agreement

Current through Register Vol. 51, page 10, July 15, 2024
Prior to the expiration of a concession lease or agreement, the following procedure shall be used:
(1) At least 12 months before expiration of a concession lease or agreement the commission shall determine the fair market value of the possessory interest of the concessionaire in the concessionaire facilities or government facilities pursuant to the end date of the contract and subdivision 41:13:03:04(1). The fair market value shall be determined by an appraisal performed by a qualified appraiser. A copy of the appraisal shall be provided to the concessionaire upon its completion. The department and the concessionaire shall each pay 50 percent of the cost of the appraisal. Upon recommendation of the department, the department and concessionaire shall mutually select the qualified appraiser. If agreement cannot be reached within 15 days, the commission shall have the final determination of the qualified appraiser;
(2) If the department or the concessionaire is not satisfied with the appraised fair market value, either party may request in writing, within 30 days after receipt of the appraisal value, that the fair market value be determined by binding arbitration as provided in §
									41:13:03:03; and
(3) Upon receipt of the appraisal or the valuation determined by arbitration, the commission shall prepare and publish a prospectus containing the valuation of the possessory interest of the concessionaire facilities or government facilities in an attempt to find a qualified successor concessionaire.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:03 - Procedure for binding arbitration

Current through Register Vol. 51, page 10, July 15, 2024
The procedure for binding arbitration is as follows:
(1) The department or concessionaire may, by written notice to the other within 30 days after receipt of the appraisal, appoint an arbitrator of its choice. The other party, by written notice within 15 days after receipt of notice, shall appoint a second arbitrator of its choice. In default of a second appointment, the first arbitrator appointed shall be the sole arbitrator;
(2) When two arbitrators have been appointed, they shall, if possible, agree on a third arbitrator and appoint the arbitrator by written notice signed by them. A copy of their notice shall be mailed to each party within 15 days after notice has been given of the appointment of a second arbitrator;
(3) If 18 days elapse after the appointment of the second arbitrator without notice of appointment of the third arbitrator, then both parties shall select the third arbitrator from members of the alternative dispute resolution section of the State Bar of South Dakota; and
(4) The arbitrators shall hold an arbitration hearing at a location determined by the arbitrators within 30 days after the final appointment of the arbitrators. The arbitrators shall allow each party to present their case, evidence, and witnesses, if any, in the presence of the other party and shall determine the fair market value of the property.
Each party shall pay the cost and expense of its appointed arbitrator. The costs and expenses of a sole arbitrator or the third arbitrator shall be paid equally by the department and the concessionaire.
The determination of the majority of the arbitrators is binding on the parties to the arbitration although each party retains his right to appeal any questions of law arising at the hearing.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
Evidence, SDCL title 19.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:04 - Compensation to concessionaire

Current through Register Vol. 51, page 10, July 15, 2024
Compensation for a possessory interest held by the concessionaire upon expiration of the concession lease or agreement, unless otherwise provided in the lease or agreement, shall be determined as follows:
(1) Possessory interest in concessionaire facilities or government facilities authorized by the commission shall be valued for purposes of compensation to the concessionaire by the successor concessionaire at fair market value; and
(2) No compensation is due the concessionaire from a successor concessionaire for the concessionaire's personal property used in operations under a lease or agreement. However, a successor concessionaire may purchase such personal property from the concessionaire subject to mutually agreed upon terms;
(3) The department retains the option to purchase concessionaire possessory interest in concessionaire facilities if the Legislature appropriates funds for acquisition in the amount of the fair market value or the value determined by arbitration as provided in §
									41:13:03:03; and
(4) If the department chooses not to issue a subsequent lease or agreement, the department retains the option to direct the concessionaire to remove the concessionaire facilities from the park and restore the premises to the extent that the facilities had an impact upon the grounds. In this situation, the concessionaire shall be compensated for the concessionaire's possessory interest in concessionaire facilities or government facilities in the amount of book value and the cost to the concessionaire of restoring the premises to the extent that the facilities had an impact on the grounds. Book value is the unrecovered cost of the possessory interest in concession facilities or government facilities that have been identified in the lease or agreement and are represented as such on the concessionaire's federal tax return or audited financial statements.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:08 - Responsibilities and procedures prior to issuance of new lease or agreement

Current through Register Vol. 51, page 10, July 15, 2024
Prior to the issuance of a new concession lease or agreement, the commission may require the assistance of the concessionaire in developing materials for a public solicitation. This assistance may include access to facilities and records for performing a condition assessment of the facilities (including concessionaire facilities and government facilities), listings of personal property, financial and utilization reports, and other cooperation. The concessionaire shall provide such assistance as reasonably requested. Prior to commencement of the steps included in this section, the concessionaire and the commission shall agree on terms of confidentiality and treatment of provided information not addressed in §
									41:13:02:09.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:09 - Procedures for selection and award

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									41:13:03:01, the commission shall award concession leases or agreements through a public solicitation process. The public solicitation process shall commence with the issuance of a prospectus. The prospectus shall invite the public to submit proposals for the contract. The prospectus shall describe the terms and conditions of the concession lease or agreement to be awarded and the procedures to be followed in the selection of the best proposal. The commission may not issue a prospectus earlier than 12 months prior to the expiration of a related existing concession lease or agreement.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:10 - Prospectus requirements

Current through Register Vol. 51, page 10, July 15, 2024
The prospectus shall include:
(1) Minimum visitor service requirements;
(2) The minimum franchise fee or other forms of consideration required by the state;
(3) Lease term;
(4) Minimum performance standards;
(5) Measures requested to ensure the protection and preservation of park resources;
(6) Capital investments, if any;
(7) Facilities and services provided to the concessionaire by the state for the concessionaire's use and operation over the course of the lease;
(8) An estimate of the possessory interest compensation due to the existing concessionaire at signing;
(9) Gross receipts by category for the last three years and the most recent year's concessionaire's personal property and merchandise inventory;
(10) Selection factors, including minimum requirements; and
(11) Other such information that the commission may deem necessary to assist bidders in the preparation of a prospectus.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:11 - Principal selection factors

Current through Register Vol. 51, page 10, July 15, 2024
The principal selection factors are:
(1) Managerial experience;
(2) Financial capabilities;
(3) Franchise fees and benefits offered to the department and the state; and
(4) Any other criteria considered by the commission to be pertinent, including any additional proposed capital investment.
A prospectus shall indicate the maximum potential scoring available for each of the selection factors.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:12 - Publication of notice of issuance of prospectus

Current through Register Vol. 51, page 10, July 15, 2024
Upon issuance of the prospectus, the department shall publish notice of issuance in a manner selected to notify persons likely to be interested in providing a response to the prospectus. Notice shall include a narrative description of the prospectus; the solicitation process; where to obtain a copy of the prospectus; and the place, date, and time responses to the prospectus are due. Two publications of the notice of issuance of the prospectus in at least three newspapers of general circulation in different parts of the state, with the first publication seven to ten days prior to the second, shall be construed as compliance with the publication requirement.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:13 - Minimum period to respond to prospectus

Current through Register Vol. 51, page 10, July 15, 2024
Interested parties shall have a minimum of 30 days to respond to the prospectus, with the actual numbers of days to be specified in the prospectus.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:14 - Rejection by commission

Current through Register Vol. 51, page 10, July 15, 2024
A proposal may be rejected by the commission if the proposal has not met the minimum requirements and is unresponsive to criteria outlined in the prospectus.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:15 - Proposal review - Selection of successor - Continuation of existing lease

Current through Register Vol. 51, page 10, July 15, 2024
Six months prior to the expiration date of the concession lease or agreement, the department shall review the proposals it has received from prospective concessionaires.
Three months prior to the expiration date of the concession lease or agreement, the commission shall select the successor concessionaire based upon criteria outlined in the prospectus.
If the commission does not find a qualified prospective concessionaire or does not select a successor concessionaire by the expiration date of the concession lease or agreement, the commission may continue the existing concession lease or agreement on an annual basis.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:03 - Expiration or amendment of lease › Section 41:13:03:16 - Requirements in the event of termination or expiration

Current through Register Vol. 51, page 10, July 15, 2024
Upon termination of the lease or agreement for any reason, or upon its expiration, and except as otherwise agreed upon between the concessionaire and the department, the concessionaire shall, at the concessionaire's expense, promptly vacate the area defined in the lease or agreement. The concessionaire shall remove all personal property and repair any damage caused by installation or removal of such personal property, except as agreed upon between the concessionaire and the department.
In addition to these actions, the lease or agreement may include specific actions to be taken by the concessionaire to assist in the continuation of operations.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:04 - Sale of interest in lease › Section 41:13:04:01 - Conflicting rules not applicable to Custer State Park

Current through Register Vol. 51, page 10, July 15, 2024
Any application of a rule in this chapter that conflicts with SDCL  41-17-22.4 does not apply to concessionaire leases of property located in Custer State Park.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:04 - Sale of interest in lease › Section 41:13:04:02 - Assignment, sale, or transfer

Current through Register Vol. 51, page 10, July 15, 2024
A concessionaire may assign, sell, or transfer the concessionaire's possessory interest in a concession lease or agreement in the event of death to a beneficiary, assignment for collateral purposes to a lender, or a transfer to existing partners or shareholders only with prior written approval of the commission.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:04 - Sale of interest in lease › Section 41:13:04:03 - Sale - Change in controlling interest

Current through Register Vol. 51, page 10, July 15, 2024
The sale referred to in §
									41:13:04:02  includes any sale, assignment, or transfer of an interest in a concession lease or agreement, assets not in the ordinary course of business, shares of stock, or any other interest in the business entity, including a corporation, partnership, or other association of persons, which has the effect of transferring controlling interest of the business entity from that which was present at time of execution of the original lease or agreement or as subsequently approved by the commission to another person or business entity.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:04 - Sale of interest in lease › Section 41:13:04:04 - Notice of intent to sell, bankruptcy, or insolvency

Current through Register Vol. 51, page 10, July 15, 2024
A concessionaire shall submit in writing to the department notice of the concessionaire's intention or desire to sell, assign, or transfer any of the property referred to in §
									41:13:04:02. The notice of intent is not effective for purposes of this chapter if it is submitted within 18 months of the expiration of the concession lease or agreement. The notice of intent can be withdrawn at any time by the concessionaire if all reasonable costs and expenses incurred by the department for the prospectus are paid by the concessionaire.
The concessionaire shall give the commission notice, within five days, after the filing of any petition in bankruptcy, filing any petition seeking relief under any federal bankruptcy laws, or making any assignment for the benefit of creditors. The concessionaire shall also give the commission, within five days, notice of any petition or other proceeding against the concessionaire for the appointment of a trustee, receiver, or liquidator, or the taking by any person or entity of the rights granted by the concession lease or agreement, or any part thereof upon execution, attachment, or other process of law or equity.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:04 - Sale of interest in lease › Section 41:13:04:05 - Department to issue prospectus

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the notice of intent to sell, the commission shall prepare and the department shall publish a prospectus for the lease of its facilities and the sale and transfer of the possessory interest of the concessionaire in government facilities or concessionaire facilities used to provide the concession services in an attempt to find a qualified successor concessionaire. The concessionaire shall provide to the department for inclusion in the prospectus a listing of personal property that the concessionaire is willing to sell to a successor concessionaire as provided in subdivision 41:13:03:04(2). This listing and any value the concessionaire provides for this personal property to the department shall be included in the prospectus for informational purposes. The value of the concessionaire's possessory interest in concessionaire facilities or government facilities shall be in accordance with subdivision 41:13:03:02(1) and the value shall be published accordingly in the prospectus. With the approval of the commission, the prospectus may or may not be consistent with the terms of the existing concession lease or agreement. If a written agreement is not reached within six months from the first publication of the prospectus and approved by the commission, the commission may, if requested in writing by the concessionaire, publish another prospectus as provided in this section.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:13 - Park concession leases › Chapter 41:13:04 - Sale of interest in lease › Section 41:13:04:06.01 - Procedures for selection and award under sale and transfer

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall select the successor concessionaire based upon criteria outlined in the prospectus.
General Authority:
SDCL  41-17-1.1(6).
Law Implemented:
SDCL  41-17-1.1(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:01 - Employee health and disease control

Current through Register Vol. 51, page 10, July 15, 2024
A person while affected with any disease in a communicable
				  form, while a carrier of such a disease, or while afflicted with boils,
				  infected wounds, sores, or an acute respiratory infection may not work in any
				  area of a hotel in any capacity in which there is a likelihood of the person
				  contaminating equipment with pathogenic organisms or transmitting disease to
				  other individuals. If the owner or operator of the establishment has knowledge
				  of any employee who has contracted a communicable disease as listed in
				  §§
									44:20:01:03 and
				  44:20:01:04 or has become a
				  carrier of such a disease, the owner or operator shall notify the department
				  immediately.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Communicable disease control, art
					 44:20.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:02 - Employee cleanliness

Current through Register Vol. 51, page 10, July 15, 2024
Employees must wear clean outer garments and maintain
				  personal cleanliness while on duty. They must wash their hands thoroughly
				  before starting work and as often as necessary to remove soil and
				  contamination. Employees may not resume work after visiting the toilet room
				  without first washing their hands.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:03 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The owner shall provide an accessible, adequate, and safe
				  supply of water to each lodging facility. If a public water system of the
				  quantity, quality, and pressure approved by the Department of Environment and
				  Natural Resources is available, the owner shall provide that a connection is
				  made to the system and the system's water supply is used exclusively. The owner
				  of a private water system shall submit water samples quarterly to an
				  EPA-certified laboratory for bacteriological analysis while the lodging
				  facility is in operation. The owner shall submit a nitrate test of the water
				  supply system yearly. The owner of a private water system shall report any
				  unsafe water sample to the department within three days. If an unsafe drinking
				  water sample is reported, the facility shall provide two consecutive safe water
				  samples prior to allowing the public to use the private water supply. The water
				  supply shall be of sufficient quantity to meet the maximum daily
				  demand.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Water hygiene, art
					 74:04.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:05 - Ice

Current through Register Vol. 51, page 10, July 15, 2024
Ice must be manufactured, stored, transported, and handled in
				  a manner approved by the department. Processes and controls must be designed
				  and monitored to ensure that neither the product nor the product area is
				  subject to contamination. Ice storage bins must be drained through an air gap.
				  Automatic self-service ice-dispensing equipment must be used when accessible to
				  the public.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
Food Service Code, ch 44:02:07; State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:08 - Guest room toilet and bathing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Each hotel shall provide toilet, lavatory, and bathing
				  facilities. In establishments providing toilet, lavatory, and bathing
				  facilities shared by more than one guest room, the facilities must be provided
				  in the ratio of one water closet, lavatory, and shower or bathtub or bathtub
				  and shower combination for each ten guests, must be provided separately for
				  each sex, and must be available on each floor. To determine the number of
				  guests, a one bed unit is designated for two people, and a two bed unit is
				  designated for four people. Soap, toilet tissue, and clean washcloths and
				  towels must be provided for each guest or guest room. All facilities must be
				  provided with hot and cold running water under pressure to each lavatory,
				  shower, bathtub, and bathtub and shower combination The hot water must be at a
				  minimum of 110 degrees Fahrenheit and at a maximum temperature of 120 degrees
				  Fahrenheit at the tap. Each shower, bathtub, and bathtub and shower combination
				  shall be provided with individual control valves of the pressure balance,
				  thermostatic, or combination pressure balance and thermostatic mixing valve
				  type that provide scald and thermal shock protection. Bathing or shower
				  facilities must have a nonslip floor surface, such as a manufactured nonslip
				  bathtub or shower unit, a rubberized throw mat, or adhesive-backed nonslip
				  strips. All toilets, lavatories, and bathing fixtures must be kept clean,
				  sanitary, and in good repair. Restroom fixtures must be cleaned and sanitized
				  between guest stays.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
State Plumbing Code, art
					 20:54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:09 - Garbage and rubbish storage and disposal

Current through Register Vol. 51, page 10, July 15, 2024
Guest rooms must be provided with waste collection containers
				  that are either lined with plastic bags or cleaned and sanitized between
				  guests. All stored garbage and rubbish must be kept in leakproof, nonabsorbent
				  containers which are kept covered with tight-fitting lids when filled, stored,
				  or not in continuous use. Accessibility by insects, rodents, and other animals
				  must be minimized. Disposal must be done at least twice weekly or as frequently
				  as needed by volume or conditions. If an establishment collects and transports
				  its own refuse, the refuse must be in covered leakproof nonabsorbent vehicles
				  or containers. Disposal of garbage and rubbish may not create a health
				  hazard.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:10 - Vermin control

Current through Register Vol. 51, page 10, July 15, 2024
Hotels must be constructed, equipped, and maintained to
				  prevent the entrance, harborage, or breeding of flies, roaches, rats, mice, and
				  all other insects and vermin. Specific means necessary for the elimination of
				  such pests, such as cleaning, renovation, or fumigation, must be used. The
				  department may require the facility to hire a professional exterminator to
				  exterminate pests under the following conditions:
(1) The infestation is so extensive that it
				is unlikely that a nonprofessional can eradicate the pests
				effectively;
(2) The method of
				extermination of choice can only be carried out by a professional exterminator;
				or
(3) The department finds that an
				establishment has not been brought into compliance with a prior order to rid
				the establishment of pests.
Regularly scheduled professional extermination services shall
				  be required following the determination of an excessive pest infestation by the
				  department.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:11 - Condition of floors, walls, and ceilings

Current through Register Vol. 51, page 10, July 15, 2024
The floors, walls, and ceilings of each hotel must be kept
				  clean, in good repair, and in a sanitary condition at all times. The use of
				  carpeting in toilet rooms, bathing facilities, or food preparation and
				  permanent serving areas is prohibited.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:12 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
All rooms and areas used by guests and all other rooms or
				  spaces in which lighting is essential to the efficiency and safety of the
				  business operation must be well lighted. A minimum of 10 foot candles of
				  nonglare light must be provided on all surfaces. Those areas used for reading,
				  shaving, or application of cosmetics must be provided with a minimum of 30 foot
				  candles of light.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:13 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Bathrooms, toilet rooms, and laundry rooms must be provided
				  with either natural ventilation or mechanical ventilation connected directly to
				  the outside. Mechanical clothes dryers must be vented to the outside air. When
				  vented to the outside air, the discharge may not create a health
				  hazard.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
2006 International Building Code, ch 12, sec
					 1203.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:02 - Lodging and food service › Chapter 44:02:02 - Hotels › Section 44:02:02:14 - Heating equipment

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have a heating system capable of
				  maintaining a temperature between 65 degrees Fahrenheit and 75 degrees
				  Fahrenheit. Any heating equipment, if fuel-burning, shall be inspected at least
				  once a year by a person in the business of heating system maintenance (which
				  includes hot water heaters, primary heating sources, and secondary heating
				  sources). A written verification of the inspection must be kept on file in the
				  facility with the date of inspection, a written statement by the person making
				  the inspection, and that person's signature.
General Authority:
SDCL
					 34-1-17,
					 34-18-22.
Law Implemented:
SDCL
					 34-18-22,
					 34-18-24.
2006 International Building Code, ch 12, sec
					 1204.