Wyo. Code R. 024-0012-2
Effective Date: 05/10/1988 to 01/29/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 024.0012.2.05101988
SECTION 1. AUTHORITY - WYOMING STATUTES. 36-4-110. Power to Lease or Rent Concessions The Wyoming recreation commission is empowered to lease or rent concessions of all lawful kinds and nature on state outdoor recreation areas or facilities to persons, partnerships, and corporations for valuable consideration upon such terms and conditions as the commission deems fit and proper. (Laws 1967, ch. 187, 10.)
36-4-115. Rules and Regulations; other duties.
The Wyoming recreation commission is hereby given the power and authority to make and enforce all reasonable rules and regulations necessary to carry out the provisions of this [36-4-101 to 36-4-120], and it shall be deemed the duty of the director and supervisors appointed as herein provided to enforce such rules and regulations and to perform such other duties as the Commission may direct. (Laws 1967, ch. 187, 15.)
36-4-122. Jurisdiction over Hot Springs state park and Saratoga Hot Springs state reserve; assumption of obligations; rules and regulations to remain effective.
(a) Upon the effective date of this section the management, control and administration of the Hot Springs state park located at Thermopolis, Hot Springs county, and the Saratoga Hot Springs state reserve located at Saratoga, Carbon county, is [are] transferred from the state board of charities and reform to the Wyoming recreation commission. The state park and state reserve will be administered by the commission in accordance with W.S. 36-8-301 through 36-8-407.
(b) Upon the effective date of this section the commission shall be bound by all agreements, contracts and obligations incurred prior to the effective date of the state board of charities and reform in the performance of its duties in administering the state park reserve. The commission shall also succeed to all records, documents and other property under the control and management of the state board of charities and reform used in the performance of its previous duties.
(c) All rules, regulations and orders of the state board of charities and reform relating to the management and control of the state park and state reserve lawfully adopted prior to the effective date of this section are adopted as the rules, regulations and orders of the commission and shall continue to be effective until revised, amended or repealed pursuant to law. (Laws 1982, ch. 48, 1.)
36-8-304. Free public baths; public campgrounds; use of extra water and lands.
The Wyoming recreation commission shall retain one-fourth (1/4) of the water in the main or largest principal spring on the state land on the eastern bank of the Big Horn River with sufficient quantity of the land adjacent thereto, upon which suitable bathhouses may be constructed, which shall be open, with preference to use given free to persons who are indigent and suffering from ailments for which bathing in the waters of the Big Horn Hot Springs will afford relief. The commission may make necessary rules and regulations governing free baths, the manner and time of bathing, and may require medical examination of applicants for baths. The bathhouse shall remain open not less than ten (10) hours a day each weekday and not less than six (6) hours on Sundays and holidays. The commission may set apart a suitable location and portion of the lands for public camping purposes but may contract for operation of any campgrounds by competitive sealed bid. Should the recreation commission operate any campground within Hot Springs State Park, the charges per night shall not be less than one-half (1/2) the average charges imposed by private campground operators within a five (5) mile radius of the Hot Springs State Park. The balance of the water and lands may be leased by the commission for a term not less than five (5) years nor longer than ninety-nine (99) years. The length of the term of each individual lease shall be determined by the commission in accordance with the value of the improvements proposed and actually placed upon the leasehold. The commission may by rule provide for special use permits for limited purposes. The commission may make rules and regulations with respect to the erection of buildings and improvements upon the individual leaseholds and may prescribe the plans and specifications of, and the materials to be used in the buildings to be erected. The commission in any lease may provide for such plans and buildings and such use thereof as will best carry out the purposes of this chapter in retaining the lands and waters thereon for the treatment and cure of diseases and the pleasure of the general public. The commission may conduct through pipes or otherwise any portion of the waters of the hot springs reserved for free use under this section and to provide baths and bathhouses for the use of the water at such rental or rates as it prescribes. (Laws 1899, ch. 39, 3; R.S. 1899, 702; C.S. 1910, 593; Laws 1915, ch. 129, 2; C.S. 1920, 684; Laws 1929, ch. 112, 1; R.S. 1931, 108-1508; C.S. 1945, 19-703; W.S. 1957, 36-160; Laws 1982, ch. 48, 2; 1985, ch. 112, 1.)
36-8-309. Rules and regulations; adoption, penalty for violation and cancellation of leases.
The Wyoming recreation commission has full power, control and supervision over the Big Horn Hot Springs State Park, located in Hot Springs county, and all property thereon. The commission may adopt rules and regulations for the government of the state park, for the conservation of peace and good order within the park, for the preservation of the property of the state therein, and of the property and people situated and residing or being therein, and to promote the well being of the people, and [to] declare what constitutes a nuisance within the state park. Any person who violates any rule or regulation adopted and published by the commission is guilty of a misdemeanor and shall be fined not less than five dollars ($5.00) and not more than six (6) months or both. Any offender convicted under this act [36-8-302, 36-8-308 through 36-8-313, 36-8-315] may be permitted, in lieu of cash payment of a fine thus imposed, to work out the fine within the state park, at the rate of one (1) day's work for every two dollars ($2.00) of fine. Any justice of the peace or county judge in Hot Springs county has jurisdiction of all offenses under this article. A defendant convicted under this article has a right to appeal to the district court as provided for appeals from convictions in justice of the peace courts and municipal courts. If any lessee of the state or commission shall refuse to comply with the order, direction, rule or regulation of the commission, or to obey any law of the state defining and punishing nuisances, the commission may immediately cancel the lease. (Laws 1909, ch. 89, 3; C.S. 1910, 598; C.S. 1920, 689; Laws 1921, ch. 125, 2; R.S. 1931, 108-1512; C.S. 1945, 19-707; W.S. 1957, 36-164; 1982, ch. 48, 2.)
36-8-310. Same; publication and distribution.
All rules and regulations adopted by the Wyoming recreation commission for the government of the Big Horn Hot Springs State Park shall be published in pamphlet form and distributed to all officers and persons by law entitled to receive them, and to all lessees upon the state park. (Laws 1921, ch. 12, 6; R.S. 1931, 108-1504; C.S. 1945, 19-713; W.S. 1957, 36-165; Laws 1982, ch. 48, 2.)
SECTION 2. PURPOSE AND SCOPE. These Concession Leasing and Operating Rules apply to all lands under the administration and control of the Wyoming recreation commission. The Wyoming Recreation Commission recognizes the need to serve the public by providing goods, services, and accommodations on state park lands. This need is met by leasing land to private concessions. Concessions are permitted in the parks to serve the public and to offer for sale goods, services, facilities, and other amenities to enhance the enjoyment and use of state parks by the public. Recognizing its responsibility to service the public’s best interest, the Wyoming Recreation Commission seeks to ensure that all concessions are stable and that development, operation, and administration of concessions fit the needs of each park and the public. In addition, the Wyoming Recreation Commission seeks to standardize concession leasing and operating requirements to ensure that each concession is treated equally and fairly.
quires approval by the Commissioners.
(l) Existing Long-Term Concession Lease: any long-term concession lease entered into prior to date of adoption of rules.
(m) New Long-Term Concession Lease: any long-term concession lease entered into on or after date of adoption of rules.
(n) Temporary Concession Permit: commercial use of park areas that does not involve the exclusive use of park property, for a period of six (6) months or less. Requires Director’s approval.
(o) Special Use Permit: the commercial or non-commercial use of any lands under the administration and control of the Wyoming Recreation Commission for a period of ten (10) days or less. Requires Director’s approval.
(p) Gender: any term in the masculine shall include the feminine.
(a) General. The Commission may lease lands and facilities for the development and operation of a concession enterprise in accordance with the needs of the park as determined by the Commission. The concession shall serve the public and offer for sale goods, services, facilities, and other amenities to enhance the enjoyment of the state parks by the public.
(i) New Concessions. All requests for long term concession leases must be submitted to the Commission in writing for consideration.
(ii) Length of Concession Lease. The length of new long term concession leases may vary from one agreement to another, but the length shall not exceed forty (40) years or the term of the Wyoming Recreation Commission land control, whichever comes first. All leases shall provide for limited review at five (5) year intervals.
(iii) Concession Lease Fees. The Commission shall charge fair and reasonable lease fees for the privilege of operating a concession enterprise on lands owned or controlled by the Commission. The lease fees shall be based upon a percentage of the concession gross revenue. The Commissioners shall set a basic percentage rate and the basic rate shall be reviewed, and revised if necessary, by the Commissioners once every five (5) years. The Commissioners shall consult with the concession lessee before revising the lease fee and shall follow reasonable and prudent business practices in arriving at the original and revised lease fees.
(A) The following receipts shall be excluded from gross revenue: sales tax collections, gasoline tax collections, Game and Fish license sales, Wyoming Recreation Commission camping permit sales, and Snowmobile registration fees.
(B) The Commission may also exclude from gross revenue receipts the sale of major equipment, including but not limited to boats, boat trailers and motors.
(iv) Start-up Period. A new concession lessee shall be granted one (1) year from the beginning date of his lease term to be operational and open for business or he will be in default of his lease agreement.
(v) Official Record. When the Commission disapproves a request from a concession lessee or prospective concession lessee, or when the Commission pursues legal remedies against a concession lessee, the Commission meeting minutes shall reflect the reason(s) for disapproval or pursuit of remedies.
(vi) Master Development Plan. All long-term concession lessees shall develop at their own expense a concession Master Development Plan. The plan shall include a conceptual design, facility layout, and a narrative explaining the objectives of the concession. The plan must be submitted to the Commission within one year of the granting of the lease. Any subsequent revisions to the plan must be approved by the Commission.
(vii) Capital Improvements. Concession capital improvements and enhancements shall conform to the Master Development Plan. Concession development, including architectural styles, facility placement, the nature of goods and services to be provided shall conform to and compliment the park development plans. All new concession capital improvements shall be constructed only with prior written approval from the Commission and shall be in accord with current construction standards and codes applicable to the work being done.
(viii) Service Guaranty Performance Bond. An insurance forfeiture bond may be required by the Commission to ensure the performance of all contractual requirements that include providing a specific service to park users. The amount of the service guaranty performance bond will be an estimate of revenue that the Commission could reasonably expect from the concession lessee during the operating year.
(ix) Construction Performance Bond. An insurance forfeiture bond is required to ensure completion of capital construction. The construction performance bond will be for the amount of the value of the facilities which the concession lessee agreed to construct under the terms of his contract. The bond will be waived upon completion of the facilities.
(x) Liability Insurance. The lessee shall obtain and maintain liability insurance to protect against any claim arising from the operations of the concession. Proof of insurance shall be provided to the Commission annually by providing a Certificate of Insurance. The Certificate of Insurance shall indicate:
(A) Name of insured
(B) Dates of coverage
(C) Amounts of coverage
(D) Company issuing policy (E) Agency of record
(F) The Wyoming Recreation Commission as lessor
(b) Request for Proposal. When the Commission identifies and approved the need for a new concession, a Request for Proposal shall be prepared. All entities on the established bidders list shall be notified that the Request for Proposal is available. District Offices shall also be notified of the availability of the Request for Proposal.
(i) Bid openings and registration of bidders will be administered by the Cheyenne Office of the Wyoming Recreation Commission according to appropriate procurement rules.
(ii) An evaluation committee shall be appointed to evaluate all bids received pursuant to a Request for Proposal. The District Supervisor and Park Superintendent of the affected park along with the State Parks Chief and the Administration Chief will make up the evaluation committee. Technical assistance from other staff members may be utilized. The Commissioners will review all of the proposals and the evaluation committee’s recommendations.
(iii) If a bid proposal is accepted, a lease will be developed using the awarded concession proposal, Concession Leasing and Operating Requirements, and guidelines in the Concession Procedures Manual.
(c) Concession Requests. When the Commission has not identified the need for a new concession, anyone interested in establishing a particular type of concession may initiate a proposal to do so. The proposal will be considered by the Commission.
(i) If it is determined that the proposal is not feasible, or is untimely, a position paper stating specific reasons for denial or postponement shall be prepared and delivered to the person(s) initiating the proposal.
(ii) If it is determined that the proposal may be feasible and timely, further information through a Request for Proposal will be solicited from the person(s) initiating the proposal. Request to include: personal data, employment history, financial, management and operations information. The public bid process and nonapplicable sections of the Request for Proposal will be waived.
(iii) If the proposal is accepted, a lease will be developed using the proposal, Concession Leasing and Operating Rules, and guidelines in the Concession Procedures Manual.
(d) The Commission does not waive its sovereign immunity by entering into concession leases and fully retains all immunities and defenses provided by law with regard to any action based on these leases.
(e) The Commission may from time to time promulgate, pursuant to law, new rules and regulations governing the use and operation of concession areas. Each and every concession lessee shall abide by concession rules and regulations now in existence or hereinafter promulgated.
The following are requirements for all new and existing long-term concession lessees, except where a provision in an existing long term concession lease is directly contrary to a specific requirement. If an existing long-term lease provision is in conflict with one or more of the following requirements, the lease provision is controlling.
(a) Preseason Review. The Park Superintendent shall meet with the concession lessee prior to the beginning of the operating or peak season, and review the facilities, services, and products provided by the lessee. The purpose of the review will be to ensure compliance by lessee with lease terms.
(b) Evaluation. The Commission will evaluate the concession at lease once per year to ensure compliance with contract requirements, laws, ordinances, codes, rules, accounting systems, and regulations affecting operations. All of these items will be documented on an evaluation form.
(c) Water, Sewage and Waste Systems. The Wyoming Recreation Commission may require that the concessionaire provide and maintain at his own cost all concession water facilities, sewage and waste disposal systems. All of the above utilities must be constructed to standards promulgated by the Wyoming Department of Health and Department of Environment Quality. Water wells and other water sources must be approved and permitted by the State Engineer.
(d) Compliance with Laws. The lessee shall maintain law and order, within the limits of his authority, on the lease area at all times. The lessee and concession personnel shall comply with all state park rules and regulations.
(e) Subleasing. The lessee may not sublet any portion of the lease without prior written permission from the Commissioners.
(f) Liability Insurance.
(i) The lessee shall obtain and maintain liability insurance to protect against any claim arising from the operations of the concession. Proof of insurance shall be provided to the Commission annually in the form of a Certificate of Insurance. The Certificate of Insurance shall indicate:
(ii) The liability insurance requirements may be waived by the Commissioners for existing lease facilities on an annual basis if the lessee proves to the Commissioners satisfaction that such insurance is either not presently available or is so expensive as to be cost productive. Existing facilities are those constructed (completed and open for business) prior to adoption of these rules and regulations.
(g) Discrimination. The lessee shall not discriminate because of race, creed, color, sex, handicap, national origin or age.
(h) Records. The lessee shall maintain records that are pertinent to the concession’s financial operations. The Commission may make audits or examinations of the lessee’s concession records at the lessee’s place of business during regular business hours. The lessee shall be notified in advance of such audits or examinations.
(i) Hours. The concession facility shall be open during reasonable hours to provide the services intended.
(j) Cleanliness. The lessee shall keep all facilities and grounds clean at all times with special attention being directed to public restrooms and areas where food is served, prepared and stored.
(k) Waste Disposal. The lessee shall provide sufficient trash containers and shall empty them at regular intervals. The leased areas shall present a neat, clean and orderly appearance at all times. The lessee shall dispose all trash in a landfill approved by the Department of Environmental Quality.
(l) Types of Activities.
(i) The lessee shall conduct only those enterprises that have been approved by the Commissioners and are declared in the lease agreement.
(ii) The lessee shall not incur any obligation of any kind on behalf of the Commission.
(iii) The Commission may construct capital improvements for use by the public within boundaries of leased concession areas, so long as they do not conflict with developments outlined in the Concession Master Plan. All such improvements shall be open to the public and the lessee shall not charge for the use thereof. The lessee may charge for additional services such as boat launching and mooring, in connection with these improvements. Existing public facilities in current leased areas or in areas to be leased in the future are covered by this policy.
(m) Fee Waivers. Requests for fee waivers shall be submitted in writing with supporting documentation to the Director. Partial or total waivers may be granted to the Commissioners in cases where such waivers are in the best interest of the Commission or if following criteria is met:
(i) Conditions beyond the control of the concession lessee exist which sufficiently reduce gross income to a level that payment of fees would create undue hardship.
(n) Penalty. Violation of these rules and regulations may result in revocation of the concession lease.
Any change in the controlling interest of a concession requires Commission approval. New and existing long-term concession leases shall not be transferred or assigned without Commission approval in writing in which approval will not be unreasonably withheld. Upon approval of the transfer, the lease agreement will be assigned or transferred as it is written. If the transferee desires to change or amend any of the lease terms or provisions, a new long-term concession lease will be negotiated between the transferee and the Commission.
(a) Procedure for Transfer of a Concession Lease.
(i) The lessee must notify the Commission of the proposed transfer of the lease. Such notification must be made in a timely manner, not less than thirty (30) days before the proposed transfer date, so as to enable the Commission to assemble and evaluate information necessary for approval or disapproval of the lease transferee.
(ii) The prospective transferee may be required to furnish the Commission with the background information required by a Request for Proposal for new facilities to include: personal data, employment history, financial, management and operations information. However, sections applicable to public bidding will be waived. Additional information may be requested to be furnished to the buyer and the Commission, including but not limited to:
(iii) After evaluation of all the information submitted to the Commission, the Commissioners shall approve or disapprove the proposed transfer of the concession lease in writing. The reason for disapproval will be set forth with particularity before the proposed transfer date.
(iv) All information provided by lessee and transferee shall be kept in strict confidence, and shall not be disclosed to outside parties or between the transferee and lessee without the written consent of both lessee and transferee.
A permit for commercial use of park areas which does not involve exclusive use of park property, for six (6) months or less, may be granted with the Director's approval.
(a) The Commission shall charge a permit fee for the privilege of operating a temporary concession enterprise on lands owned or controlled by the Commission.
(b) The permittee shall obtain and maintain liability insurance to protect against any claim arising from operation of the concession.
(c) No construction or capital improvements shall be made without the prior written consent of the Commission.
(d) The Commission shall develop policies and procedures governing issuance and use of temporary concession permits.
All capital construction renovation or remodeling to existing concession facilities may be made only with prior written approval from the Commission. Approval shall not be unreasonably withheld and reasons for disapproval shall be set forth in writing with particularity. All capital improvements and enhancements shall conform to the approved Concession Master Plan and Park Master Plan. If an approved Concession Master Plan is not on file with the Commission, the lessee must develop and submit a Concession Master Plan to the Commission before any construction will be approved. All construction requests must provide detailed specifications, scaled drawings and renderings, site plans and evaluations of the work to be done, and details sufficient for review. All capital construction, renovation and remodeling must be in accord with current construction standards and codes applicable to the work being done.
(a) Performance Bond. A performance bond may be required to ensure completion of capital improvements.
(b) Start-up Dates. If Commission approval is given for capital improvements, the lessee must notify the Commission of the construction start-up date. The Commission may inspect the project or facility at any stage of construction to verify that the construction complies with approved plans and specifications.
(c) Building Codes. All construction, improvements and enhancements to concession facilities must be made in accordance with all applicable fire, safety, electrical, plumbing, construction and building codes.
(d) Final Inspection. When the project is completed, the lessee must notify the Commission and negotiate a final inspection date. The lessee must supply an 'as built' plan for the Commission files. The Commission will inspect the completed project for compliance with approved construction plans and specifications. After inspection, the Commission may authorize occupancy and arrange for release of the performance bond.
The Wyoming Recreation Commission has found it necessary and appropriate to amend its rules governing and regulating the usage of state parks and facilities under its control and direction in order to:
1. Provide for efficient administration, use, maintenance, and protection of all state parks, recreation areas, and historic and archaeological sites under its ownership or control; and,
Dated this 12th day of April, 1985.
Wyoming Recreation Commission
by:_________ Alvin F. Bastron, P.E. Director