(a) A special event permit shall be required for any event occurring on department lands or waters, or both, if one of the following conditions exists:
- (1) An entrance, admission, or participation fee is charged.
- (2) Food, merchandise, or service is offered for sale.
- (3) The exclusive use of a facility or a specified land or water area is necessary, other than facilities or areas for which other permits may be issued.
- (4) An organized or advertised competition will be conducted.
- (5) Sound will be amplified that may disrupt area users.
- (6) Temporary structures, other than blinds or common camping equipment, will be erected.
- (b) An event sponsored in part or in total by the department shall not require a special event permit.
- (c) For a field trial or a water event on department lands or waters, a special event permit may be issued by the department in place of a field trial permit or a water event permit if the requirements of K.A.R. 115-13-2 or K.A.R. 115-30-9, respectively, are met in addition to the requirements for a special event permit.
(d) Permit procedures.
- (1) Each application for a special event permit shall be made to the department no fewer than five weekdays before the event is to be held.
- (2) Payment of the special event permit fee specified in K.A.R. 115-2-3 shall accompany each application.
- (3) The permit fee shall be returned to the applicant if the special event permit is not approved by the department.
- (4) The permit fee shall not be refunded for an issued special event permit.
- (5) A performance deposit may be required as a condition of special event permit issuance.
- (6) The deposit shall be returned by the department if the special event permittee has met all permit conditions.
- (e) Permit holders may tag or mark wildlife only as allowed under permit conditions.
(f) A special event permit may be refused issuance by the department if the proposed event meets any of the following conditions:
- (1) Would not be compatible with intended uses of the area;
- (2) Would result in misuse or damage to facilities, structures, or the natural environment; or
- (3) Would pose a threat to public health, safety, or welfare.
- (g) In addition to other penalties prescribed by law, failure to comply with all rules and regulations and permit conditions shall be grounds for revocation of a special event permit or refusal to issue a special event permit.
- (h) This regulation shall be effective on and after January 1, 2002.
(Authorized by K.S.A. 32-807; implementing K.S.A. 32-807 and K.S.A. 32-1015; effective March 19, 1990; amended Jan. 1, 2002.)