Section 1855 - Permits for Activity on State Property(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.Cal. Code Regs. Tit. 13, § 1855
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.
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).