The secretary shall consider at least the following in determining whether or not to grant a concession contract.

1. A. Concessions shall:

   (1) provide a needed service or a service in which visitors have shown a substantial interest and the service is not adequately provided within the park or within the area;

   (2) provide services to the general public rather than a particular individual or group;

   (3) enhance, improve, protect and conserve park natural, historical and cultural resources;

   (4) provide reasonable revenue to the state in exchange for the concession agreement;

   (5) include facilities, if required, that are of sufficient size to support the proposed activity and that are harmonious in form, line, color and texture with the surrounding landscape; and

   (6) be consistent with the park management and development plan in effect for the park in which the concession is to be located.

2. B. The division shall not grant new concession contracts unless the director and secretary have approved a park management and development plan that identifies the concession development.

3. C. Concessionaires shall:

   (1) provide evidence to the division that the concessionaire possesses a sufficient level of experience and adequate financial resources to operate the concession in an efficient and professional manner; and

   (2) not have past concession performance problems, such as repeated noncompliance with previous or current concession contracts or concession permits or 19.5.5 NMAC.

[19.5.5.9 NMAC - Rp, 19.5.5.9 NMAC, 1/1/2008; A, 1/1/2013]