Ariz. Admin. Code § 12-4-125

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-4-125 - Public Solicitation or Event on Department Property

A. All Department buildings, properties, and wildlife areas are designated non-public forums and are closed to all solicitations and events unless permitted by the Department.

B. A solicitation or event on Department property shall not:

1. Conflict with the Department's mission; or

2. Constitute partisan political activity, the activity of a political campaign, or influence in any way an election or the results thereof.

C. A request for permission to conduct a solicitation or event on Department property shall be directed to the responsible Regional Supervisor or Branch Chief who shall initially determine whether an application is required for the solicitation or event.

D. If it is determined that an application is required, the person may apply for a solicitation or event permit by submitting a completed solicitation or event application to any Department office or Department Headquarters, Director's Office, at 5000 W. Carefree Hwy, Phoenix, AZ 85086. The application form is furnished by the Department and available at all Department offices.

1. An applicant shall submit an application:

a. Not more than six months prior to the solicitation or event; and

b. Not less than 14 days prior to the desired date of the solicitation or event for solicitations other than the posting of advertising, handbills, leaflets, circulars, posters, or other printed materials; or

c. Not less than 10 days prior to the desired date of the solicitation or event for solicitations involving only the posting of advertising, handbills, leaflets, circulars, posters, or other printed materials.

2. An applicant shall provide all of the following information on the application:

a. Sponsor's name, address, and telephone number;

b. Sponsor's e-mail address, when available;

c. Contact person's name and telephone number, when the sponsor is an organization;

d. Proposed date of the solicitation or event;

e. Specific, proposed location for the solicitation or event;

f. Starting and approximate concluding times;

g. General description of the solicitation or event's purpose;

h. Anticipated number of attendees, when applicable;

i. Amount of fees to be charged to attendees, when applicable;

j. Detailed description of any activity that will occur at the solicitation or event, including a detailed map of the solicitation or event and any equipment that will be used, e.g., tents, tables, etc.;

k. Copies of any solicitation materials to be distributed to the public or to be posted on Department property;

l. Copy of a current and valid license issued by the Arizona Department of Liquor Licenses and Control, required when the applicant intends to sell alcohol at the solicitation or event; and

m. The contact person's signature and date. The person's signature on the application certifies that the sponsor:

i. Assumes risk of injury to persons or property;

ii. Agrees to hold harmless the state of Arizona, its officials, Departments, employees, and agents against all claims arising from the use of Department facilities;

iii. Assumes responsibility for any damages or clean-up costs due to the solicitation or event, solicitation or event cleanup, or solicitation or event damage repair; and

iv. Agrees to surrender the premises in a clean and orderly condition.

E. The Department may take any of the following actions to the extent necessary and in the best interest of the State:

1. Require the sponsor to furnish all necessary labor, material, and equipment for the solicitation or event;

2. Require the sponsor to post a deposit against damage and cleanup expense;

3. Require indemnification of the state of Arizona, its Departments, agencies, officers, and employees;

4. Require the sponsor to carry adequate insurance and provide certificates of insurance to the Department not less than ten business days before the solicitation or event. A certificate of insurance for a solicitation or event shall name the state of Arizona, its Departments, agencies, boards, commissions, officers, agents, and employees as additional insureds;

5. Require the sponsor to enter into written agreements with any vendors and subcontractors and require vendors and subcontractors to provide certificates of insurance to the Department not less than ten business days before the solicitation or event. A certificate of insurance for a solicitation or event shall name the state of Arizona, its Departments, agencies, boards, commissions, officers, agents, and employees as additional insureds;

6. Require the sponsor to provide medical support, security, and sanitary services, including public restrooms; and

7. Impose additional conditions not otherwise specified under this Section on the conduct of the solicitation or event.

F. The Department may consider the following criteria when determining whether any of the actions in subsection (E) are necessary and in the best interest of the state:

1. Previous experience with similar solicitations or events;

2. Deposits required for similar solicitations or events in Arizona;

3. Risk data; and

4. Medical, sanitary, and security services required for similar solicitations or events in Arizona and the cost of those services

.

G. The Department shall designate the hours of use for Department property.

H. The Department shall inspect the solicitation or event site at the conclusion of activities and document any damage or cleanup costs incurred because of the solicitation or event. The sponsor shall be responsible for any cleanup or damage costs associated with the solicitation or event.

I. The sponsor shall not allow, without the express written permission of the Department, the possession, use, or consumption of alcoholic beverages at the solicitation or event site. When the Department provides written permission for the possession, use, or consumption of alcoholic beverages at the solicitation or event site, the sponsor shall provide to the Department:

1. A copy of a current and valid license issued by the Arizona Department of Liquor Licenses and Control to the sponsor and vendor, required when the applicant intends to sell alcohol at the solicitation or event; and

2. A liquor liability rider, included with the insurance certificate required under subsection (E)(4).

J. The sponsor shall not allow unlawful possession or use of drugs at the solicitation or event site.

K. The Department shall deny an application for any of the following reasons:

1. The solicitation or event interferes with the work of an employee or the daily business of the Department;

2. The solicitation or event conflicts with the time, place, manner, or duration of other approved or pending solicitations or events;

3. The content of the solicitation or event conflicts with or is unrelated to the Department's activities or its mission;

4. The solicitation or event presents a risk of injury or illness to persons or risk of damage to property;

5. The sponsor cannot demonstrate adequate compliance with applicable local, state, or federal laws, ordinances, codes, or regulations, or

6. The sponsor has not complied with the requirements of the application process or this Section.

L. At all times, the Department reserves the right to immediately remove or cause to be removed all obstructions or other hazards of the solicitation or event that could damage state property, inhibit egress, or poses a safety risk. The Department also reserves the right to immediately remove or cause to be removed any person damaging state property, inhibiting egress, or posing a threat to public health and safety.

M. The Department may revoke approval of a solicitation or event due to emergency circumstances or for failure to comply with this Section.

N. The Department shall send written notice of the denial or revocation of an approved permit. The notice shall contain

the reason for the denial or revocation

.

O. A sponsor:

1. Is liable to the Department for damage to Department property and any expense arising out of the sponsor's use of Department property.

2. Shall post solicitation material only in designated posting areas.

3. Shall ensure that a solicitation or event on Department property causes the minimum infringement of use to the public and government operation.

4. Shall modify or terminate a solicitation or event, upon request by the Department, if the Department determines that the solicitation or event unacceptably infringes on the Department's operations or causes an unacceptable risk of liability exposure to the State.

P. When conducting an event on Department property, a sponsor shall:

1. Park or direct vehicles in designated parking areas.

2. Obey all posted requirements and restrictions.

3. Designate one person to act as a monitor for every 50 persons anticipated to attend the solicitation or event. The monitor shall act as a contact person for the Department for the purposes of the solicitation or event.

4. Ensure that all safety standards, guidelines, and requirements are followed.

5. Implement additional safety requirements upon request by the Department.

6. Ensure all obstructions and hazards are eliminated.

7. Ensure trash and waste is properly disposed of throughout the solicitation or event.

Q. The Department shall revoke or terminate the solicitation or event if a sponsor fails to comply with a Department request or any one of the following minimum safety requirements:

1. All solicitation or event activities shall comply with all applicable federal, state, and local laws, ordinances, codes, statues, rules, and regulations.

2. The layout of the solicitation or event shall ensure that emergency vehicles will have access at all times.

3. The Department may conduct periodic safety checks throughout the solicitation or event.

R. This Section does not apply to government agencies.

Ariz. Admin. Code § R12-4-125

New Section made by emergency rulemaking at 10 A.A.R. 4777, effective November 4, 2004 for 180 days (Supp. 04-4). Emergency expired (05-2). Amended and Renumbered from R12-4-804 by final rulemaking at 21 A.A.R. 3025, effective 1/2/2016.