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PARKS AND RECREATION DEPARTMENT
DIVISION 201
OREGON STATE FAIR AND EXPOSITION CENTER
736-201-0000
Notice
of Proposed Rule
Prior to the
adoption, amendment, or repeal of any permanent rule relating to the Oregon State
Fairgrounds Park District (OSFPD), the Oregon Parks and Recreation Commission shall
give notice of the intended action:
(1) In
the Secretary of States Bulletin referred to in ORS 183.360 at least 21 days before
the effective date of the rule;
(2) By
mailing a copy of the notice to persons on the Oregon Parks and Recreation Commission's
mailing list established pursuant to ORS 183.335 at least 28 days before the effective
date of the rule; and
(3) By
mailing or furnishing a copy of the notice to:
(a) The
Associated Press;
(b) Associated
Oregon Industries;
(c) Associated
General Contractors;
(d) OSFD
interested parties list;
(4) By
mailing a copy of the Notice to the legislators specified in ORS 183.335(15) at
least 49 days before the effective date of the rule.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0005
Definitions
(1) "Agent" is
an individual volunteer, community service group or paid contractor officially representing
OSFD or OPRD and only when performing an official duty assigned by OPRD in writing.
(2) "Assistant
Director, with responsibility for OSFD" is the person in charge of the daily business
and management of OSFD and appointed by the Director.
(3) "Destructive
Device" means:
(a) A
projectile containing an explosive or incendiary material or any other chemical
substance;
(b) Ammunition,
ammunition components including, but not limited to, smokeless powder, black powder,
primers and percussion caps;
(c) A
bomb, grenade, missile, or similar device or any launching device therefore; or
(d) Any
weapon of mass destruction including any device capable of producing injury, death
or property damage by way of release or discharge of chemical or biological agents,
disease or radiation.
(4) "Director"
means the Director of the Oregon Parks and Recreation Department.
(5) "Entry
Fee" is the fee that participants pay to participate in certain Fair Department
activities and competitions.
(6) "Event"
is an activity, meeting, attraction or other occurrence on the OSFD with specific
opening and closing dates and specific operating hours.
(7) "Exhibit
Area" is an area or zone on the OSFD that is characterized by the type of exhibitors
occupying paid exhibit space. Such exhibit areas include but are not limited to
commercial exhibit areas, non-profit areas, and other commercial-style attractions.
(8) "Exhibitor"
is a person occupying paid exhibit space during the State Fair or during other OSFD-organized
and administered events.
(9) "Fair
Department(s)" are various sections of State Fair activity that are divided by subject
area. OSFD may add or delete Departments as necessary to reflect the interests of
its participants.
(10) "Firearm"
means a weapon, by whatever name known, which is designed to expel a projectile
by the action of powder and which is readily capable of use as a weapon.
(11) "Handbook"
is the annual publication which lists the rules, procedures, conditions, provisions,
information, and fees for participation in certain State Fair department activities
and competitions as well as the awards offered.
(12) "Licensee"
is a person that has entered into a written agreement with the OPRD for the use
of buildings, facilities, services or equipment for the purpose of conducting business
or other transactions.
(13) "Non-profit"
is an organization that is recognized by the Internal Revenue Service under Internal
Revenue Code Section 501(c)(3).
(14) "Paid
Exhibit Space," is a certain location on the OSFPD, during each State Fair or during
other OSFD-organized and administered events, that OSFD assigns to an exhibitor
for the purpose of contacting patrons through, but not limited to, sales, displays
of goods and services, advertising, solicitations, canvassing, or the dissemination
of information. The exhibitor must pay a fee to OPRD for the space and agree to
abide by the procedures, information, conditions, and provisions described in this
division.
(15) “Patron”
is an individual attending an OSFD organized and administered event who is not an
agent, OPRD staff, exhibitor, permittee, licensee, sponsor or registrant.
(16) “Permittee"
is a person that has entered into a written agreement with the OPRD for use of buildings,
facilities, services or equipment for a period of time for the purpose of conducting
a public or private event, including but not limited to an exposition, meeting,
conference, tradeshow, or concert.
(17) “Person”
includes an individual, corporation, association, group, firm, partnership, limited
liability company, joint stock company, and any governmental entity.
(18) "OPRD"
is an acronym for Oregon Parks and Recreation Department.
(19) “OSFD”
is an acronym for Oregon State Fair Division, division of OPRD.
(20) “OSFPD”
is an acronym for the Oregon State Fairgrounds Park District, which includes but
is not limited to the parking lots, campground, traffic lanes, and undeveloped areas
outside of the admission gates; and the auditoriums, buildings, arenas, and undeveloped
areas inside the admission gates at the Oregon State Fairgrounds.
(21) “Registrant”
is a person that has notified the OSFD using a form provided by OSFD that a lead
individual and up to nine other individuals will solicit, canvass, or otherwise
contact patrons on the OSFPD outside of the admission gates during the State Fair
or other event organized and administered by the OSFD.
(22) "Schedule
of Rates and Fees" are the published fees and charges for facilities, buildings,
services, or equipment or for operating a business on the OSFPD that covers a period
of time that is also listed in the schedule of rates and fees.
(23) “Sponsor”
is a person that has entered a written sponsorship agreement with OPRD that is described
in ORS 565.080(4).
(24) "Weapon"
includes, but is not limited to, any firearm; any destructive device; any dirk or
dagger; any knife with a blade of three inches or more in length, and any snap-blade
or spring-blade knife, regardless of the length of the blade; any ice pick or similar
sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle;
any device by whatever name known, which is designed to expel a projectile by the
action of compressed air, gas, compressed spring or by any chemical action; any
dangerous or deadly weapon within the meaning of any law of this state restricting
the use thereof; any cutting, stabbing or bludgeoning weapon or any other device
capable of inflicting grievous bodily harm.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 11-2010, f. 10-13-10, cert. ef. 10-15-10;
PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0010
Entry Fees
Entry Fees for participation in some Fair Department activities and competitions maybe established in the Handbook for each particular Fair Department.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0015
Facilities Available
for Rent
(1) Certain facilities
located on the OSFPD grounds are available for lease by Permittee(s) or Licensee
throughout the calendar year, other than during the days of the annual State Fair.
Permittee(s) and Licensees also have the option of renting accessory equipment owned
and maintained by OSFD to augment an Event, program or attraction at these facilities.
(2) Fees
and charges for facilities, buildings, services and equipment rental shall be according
to OSFD current Schedule of Rates and Fees.
(3) Director
or the Director's designee may waive, vary or increase, in whole or in part, the
established rates and fees when it is determined that:
(a) Marketing
opportunities exist to encourage use and increase revenues;
(b) Time
frame for use varies from that specified on Schedule of Rates and Fees; or
(c) Rate
change would attract business when otherwise there would be none.
(4) OSFD
reserves the right to add a surcharge for facilities, buildings, services, and equipment
rental for unusual and unexpected direct costs related to cleaning and repair of
facilities, buildings or equipment.
(5) Rates
and fees published in the Schedule of Rates and Fees cover most ordinary situations
involving use of buildings, facilities, services, and equipment. Director, or the
Director's designee, shall have authority to establish rates and fees at any time
for buildings, facilities, services, activities and equipment that are not specifically
listed in the Schedule of Rates and Fees.
(6) Director
shall have authority to establish rates and fee categories for various segments
of industry and business such as, but not limited to non-profit, volunteer and community
organizations, school and governmental agencies, youth groups and youth organizations
for the use of buildings, facilities, services and equipment.
(7) Director
may establish written procedures for any regular and returning Permittee or Licensee
and shall have authority to enter into on-going rental and lease agreements at any
time to attract or increase business.
[Publications:
Publications referenced are available from the agency.]
Stat.
Auth.: ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0020
Food Concessions
(1) All food
and beverage concession items provided for sale to the public will be sold by OSFD's
food contractor(s). Food contractor(s) does not charge Permittee(s) for this service,
nor does Permittee(s) receive revenue from food and beverage sales.
(2) Permittees
who rent facilities, buildings or locations on property for Events that are food
oriented may request in writing an exemption to provide alternative food and beverage
for sale but may pay a concession fee according to the Schedule of Rates and Fees
for such privilege. Permittee(s) requesting an exemption shall be required to put
such proposal in writing. The Director or the Director's designee shall evaluate
the written exemption request. The evaluation of food Events shall be based on whether
or not food is an integral part of the Event, type of food proposed or by means
in which food is prepared and OSFD's food contractor's ability to provide same service.
(3) The
Director has discretion to grant an exemption to any Event to provide food and beverage
sales.
[Publications:
Publications referenced are available from the agency.]
Stat.
Auth.: ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0025
Catered Events
(1) Permittees must use the food and alcohol caterer designated and licensed by OSFD. Permittees are responsible for all charges for labor and equipment specifically required for a catered Event at established rates.
(2) Director or the Director's designee may grant an exemption to any Permittee for an Event to provide food and beverage catering.
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0030
Licenses
to do Business
(1) The Director
or the Director's designee is authorized to issue one or more licenses that permit
the license holder to conduct any business therein named upon the OSFD.
(2) Issuance
of licenses shall be in accordance with the rules concerning procurement of such
services at OSFD, to the extent those procedures are practicable. The funds arising
from issuing licenses shall become a part of the Oregon State Fair Account.
Stat. Auth.:
ORS 565.060 [Amended by 1977 c.55 §18; 2005 c.777 §25]
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0035
Businesses
that may be licensed, Other licenses Required
(1) The Director
or the Director’s designee may license any lawful business to be conducted
at OSFPD, including the sale of malt, vinous or distilled liquor.
(2) The
Director or the Director's designee shall establish permitting procedures consistent
with ORS 565.130 and shall make these available upon request by interested businesses
to be licensed at the OSFPD.
(3) Any
business so licensed by the Director or the Director's designee is not required
to pay license to any city, county or state, other than to the OSFD for conducting
a business upon the grounds of the Oregon State Fair.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0040
Advertising,
Canvassing, Soliciting, and Disseminating of Written Materials Outside Admission
Gates
(1) A person
may not advertise, canvass solicit, or disseminate written materials in any location
outside of the admission gates of the OSFPD, except as provided by this rule.
(2) During
and for three days before and two days after the State Fair or any other event organized
and administered by the OSFD, only a registrant may advertise, canvass or solicit,
or disseminate written materials outside OSFPD’s admission gates.
(a) An
individual may register by submitting a registration form prepared by OSFD. The
individual must submit the form to the OSFD at least 24 hours before beginning any
advertisement, canvassing or soliciting, or dissemination of written materials.
(b) If
the form is submitted on behalf of a person that is not an individual, the registration
form shall identify a lead individual and may identify up to nine other individuals
who will participate in advertising, canvassing, soliciting or disseminating of
information.
(A) For
registration purposes, only the lead individual is considered registered and approved
by OSFD.
(B) All
other members identified will become registered and approved once they are properly
briefed by an authorized OSFD person on the rules for advertising, canvassing, soliciting
and disseminating information, and on the expectations regarding behaving in a manner
that will ensure the safety, well-being and enjoyment of all people, working, participating
or attending OSFD events.
(C) Registration
for non-lead individuals can occur before or on the day they are scheduled to engage
in advertising, canvassing, soliciting and disseminating information.
(c) All
registrants must remain at least 20 feet from any admission or exit gate, any line
forming at an admission gate, and any tram or
other form of public transportation that is loading or unloading passengers. An
agent or OPRD staff may require any registrant to move or maintain a reasonable
distance from other registrants if the agent or OPRD staff has a reasonable belief
that there may be conflict among or between various registrants or that the registrant
is blocking the free movement or endangering the safety of a patron, permittee,
licensee, sponsor, exhibitor or anyone providing emergency services.
(d) Each lead registrant
may set up one table. The table top must be no longer than six feet. A registrant
shall be present at the table at all times. The table may be set up no more than
30 minutes before the State Fair or other event opens for the day and must be removed
no later than 30 minutes after the State Fair or other event closes for the night.
(e) A
registrant may not use a sound device, including but not limited to a bullhorn or
other sound amplifying device that creates sufficient volume to be heard more than
20 feet from the registrant.
(f) A
registrant may not use, in any manner, fighting words or obscenities. In addition,
all registrants must comply with the provisions of OAR 736-201-0070.
(g) A
registrant may not sell, offer to sell or advertise any merchandise or service.
(h) A
registrant may not advertise, solicit, canvass or disseminate information to an
individual in or on a motor vehicle or at any location within a parking lot.
(3) During
events organized by a permittee, the permittee shall be responsible for regulating
the advertising, canvassing and soliciting, and disseminating of written materials
in locations outside OSFPD’s admission gates.
(4) During
events organized by a permittee, the permittee is responsible for complying with
all applicable provisions of this division. Violations of such provisions are subject
to enforcement as provided in OAR 736-201-0180.
(5) If
a person objects to an action by OPRD that implements this rule, the person may
file a protest as provided in OAR 736-201-0175.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0042
Advertising,
Canvassing, Soliciting, and Disseminating of Written Materials Inside Admission
Gates
(1) A person
may not advertise, canvass, solicit or disseminate written materials in any location
inside OSFPD’s admission gates, or in any of the airspace above the OSFPD,
except from within a commercial exhibit space assigned to an exhibitor by OSFD.
(a) OSFD
assigns commercial exhibit spaces within an exhibit area for a fee and on a first-come,
first-served basis.
(b) Exhibitors
who are assigned a commercial exhibit space are subject to the fees, conditions,
rules and other information about exhibiting in a particular Exhibit Area published
in the Handbook for each Exhibit Area.
(c) If
a person objects to an action by OPRD that implements this rule, the person may
file a protest as provided in OAR 736-201-0175.
(2) During
events organized by an exhibitor, the exhibitor shall be responsible for regulating
the advertising, canvassing, soliciting and disseminating of written materials in
locations inside the OSFPD’s admission gates and in the airspace above the
OSFPD.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0045
Procedures for Obtaining Paid Exhibit Space
Procedures for obtaining exhibit space in a particular Exhibit Area and the associated fees, conditions, rules, and other information about exhibiting in a specific Exhibit Area shall be outlined in the Handbook for each Exhibit or Fair Department Area.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0050
Exhibit
Space Fees
(1) OSFD shall
establish fees for the use of exhibit space and any associated cost for services,
including electricity, production, admission, and parking shall be established in
the Handbook for each particular Exhibit Area.
(2) Fees,
conditions, rules, and other information about exhibiting in a particular Exhibit
Area published in the Handbook cover most ordinary situations involving exhibit
space at the State Fair. The Director or the Director's designee shall have authority
to establish fees, conditions, rules, and other information about exhibiting in
a particular Exhibit Area that are not specifically listed in the Handbook.
[Publications:
Publications referenced are available from the agency.]
Stat.
Auth.: ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0055
Exhibitor Compliance Procedures
In the event an Exhibitor, Permittee or Licensee refuses to comply with fees, conditions, rules, or other information as outlined in the Handbook or License to do Business, OPRD may take appropriate action to gain compliance, up to and including requiring Exhibitor to remove furnishings and all property immediately. If not removed, furnishings and property may be stored at a fee of $100 per day or portion thereof.
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0060
Items
Prohibited on Property
(1) The following
items are prohibited on OSFPD property unless specifically authorized in this rule:
(a) Bicycles,
skateboards, roller blades, scooters;
(b) Unauthorized
vehicles;
(c) Unauthorized
animals, reptiles, insects, arachnids and other pets;
(d) Weapons;
(e) Fireworks,
explosives or explosive devices, and inflammables;
(f) Alcohol
or alcoholic beverages;
(g) Controlled
substances;
(h) Any
other object or objects which in the opinion of the Director or his/her designee
may affect the safety and well-being of persons attending events on OSFPD property;
or
(i) Destructive
device.
(2) Exceptions
to the above prohibitions are limited to:
(a) Weapons
of law enforcement officials and those carried by persons authorized by law to carry
them when carried in a manner authorized by law;
(b) Alcoholic
beverages and alcoholic beverage containers belonging to OPRD, licensed concessionaires
or catering services contracting with OPRD;
(c) Prohibited
items that have been permitted by OPRD by virtue of a signed agreement;
(d) Fireworks
in the custody of any group operating or presenting an officially sanctioned fireworks
display;
(e) Bicycles,
skateboards, roller blades, scooters are permitted on the property outside the fenced
areas unless they are part of an OSFD-approved event or display;
(f) Prescription
medications necessary for licensees and contractors to perform their duties, when
they possess the authorizing prescriptions;
(g) Employees
of OPRD and its licensees, contractors and agents may not carry personal prohibited
items that are not necessary for the performance of their official duties;
(h) Prohibited items in the possession of Exhibitors
that are necessary for daily care or preparation of animals and for showing and
are used only for preparation and showing purposes; and
(i) Such prohibited items
expressly permitted in writing by the Director or the Director's designee.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0065
Inspections
During State Fair and Other Controlled Events
(1) OPRD employees
or agents may request, as a condition of the license or permit, that persons about
to enter OSFPD property, allow visual access to all purses, backpacks, briefcases,
suitcases, athletic bags, packages, duffel bags, coolers, ice chests, picnic baskets,
diaper bags, strollers, carts and other similar items capable of concealing prohibited
items ("containers").
(2) OPRD
staff or agents requesting such an inspection shall do so outside the fairgrounds
gates or such other reasonable places as designated by the Director or his/her designee.
The person(s) entering the facility may be asked by OSFD staff or agents to reveal
the items in their containers. Staff or agents shall inform person(s) in possession
of containers to which the inspection request pertains, are free to decline the
inspection and may receive a refund of the price of the ticket and parking (if admission
or parking fees were incurred) upon surrender of their tickets. Alternatively, the
persons may discard the container or prohibited item(s).
(3) Most
searches are visual. At the option of OPRD staff, agents or law enforcement officers,
other search measures may be employed, including but not limited to electronic,
chemical or physical inspections such as "pat downs."
(4) Possession
of weapons or controlled substances at anytime on OSFPD property may be reported
to law enforcement officials.
(5) If
a person possesses one or more prohibited items inside an OSFPD building or facility,
the person shall be considered to have violated the license to enter. The license
shall be revoked and an OPRD employee or agent shall request that the person leave
the OSFPD. A refusal or failure to leave the property following such a request can
cause the person to be in trespass.
(6) If
a person requests a refund is requested under the section (2), OPRD shall promptly
complete and deliver a bearer coupon that specifies the location, date, and refund
to be made. A person may redeem the bearer coupon either at the nearest admission
booth or by mail to the OSFD business office within 30 days, along with parking
and admission tickets for reimbursement.
(7) Prohibited
items which may be seen without inspection are subject to the same consequences
as specified in section (5) of this rule.
(8) OSFD
shall display signs at entrances to the facility generally identifying prohibited
items and providing notification of the request for inspection.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0070
Activities
Prohibited on Property
Within the OSFPD,
no individual shall participate in loud, rude or unreasonable behavior; disturb
the public peace; make threatening comments, actions or gestures toward others;
obstruct the use and enjoyment of any facility, area or event; act in a disorderly
manner; or participate in any behavior or activity which in the opinion of the Director
or the Director's designee may affect the safety or well-being of any person attending
an Event within the OSFPD.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0075
Conducting
Business on or Near Grounds of Fair
A person may
not set up any shop, booth, wagon or other vehicle for the sale of spirituous or
other liquors, cigars, provisions or other article of traffic. A person may not
sell or otherwise dispose of any liquors, cigars, goods or services, wares, merchandise,
meals or any article of traffic on the grounds of the OSFD, or within one-half mile
of grounds, without having paid OSFD a licensing fee for the privilege, or obtain
written consent from OSFD
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0080
Admission
to Fairs Except through Special Gates Prohibited
(1) A person
may not gain admission or attempt to gain admission to OSFPD during the annual State
Fair or at any public event or meetings on the grounds of the OSFPD, except through
special gates or entrances kept or directed by the OSFD.
(2) The
Director or the Director's designee may set the prices of admission, licenses and
all matters pertaining to the conducting of the annual State Fair, exhibitions or
other public events or meetings on OSFD property or within OSFD buildings and facilities.
(3) The
Director or the Director's designee may change or alter gates for admission and
use other means to manage traffic flow such as directional signs to manage Event
traffic or to control the flow of traffic to and from the OSFPD with assistance
from OPRD employees, contractors or agents.
(4) The
Director or the Director's designee may control and set the opening and closing
times of gates for admission to the annual State Fair, exhibitions and other public
events or meetings at OSFPD.
(5) The
Director, or the Director's designee may establish procedures for the control and
management of signs, banners and other promotional materials on display on and around
the OSFPD gates, entrances, parking lots and other OSFPD areas viewable by the public.
(6) Admission
coupons or admission discounts may be honored if they are officially endorsed by
OPRD prior to the Event or annual State Fair.
(7) OPRD
staff and agents may refuse any person(s) admission through any gated area or entry
if the person(s) refuses to pay the designated admission fee or charge.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0085
Returned Checks
The OPRD may assess a reasonable fee, similar to bank charges and fees, for each personal or business check returned for non-payment. The fee may be assessed in addition to any legal remedies the OPRD may pursue to effect collection of the returned items.
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0090
Credit Card Returns
The OPRD may assess a reasonable fee, similar to bank charges, for each accepted credit card charge returned for non-payment. The fee may be assessed in addition to any legal remedies the OPRD may pursue to effect collection of the returned items.
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0095
Late Payments
The OPRD may
assess a fee of one and one-half percent per month or portion thereof on any unpaid
balances due to OPRD if not paid within 30 days of billing. The fee may be assessed
in addition to any legal remedies the OPRD may pursue to effect collection of the
late payments.
Stat.
Auth.: ORS 565.060
Stats. Implemented: ORS
565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0100
Photocopying Charges
The OPRD may provide photocopies of public records for a copying fee listed in the Schedule of Rates and Fees. OPRD reserves the right to set a maximum number of copies allowed per person.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0105
Facsimile Machine Usage
The OPRD may make its facsimile machine available for public usage at rates listed in the Schedule of Rates and Fees. OPRD reserves the right to set a maximum number of pages per person, time of use and proper procedures for fax usage.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0110
Shipping and Mailing Charges
The OPRD may allow shipping and mailing for public usage at rates listed in the Schedule of Rates and Fees. OPRD reserves the right to set a maximum number of items to be shipped or mailed per person or organization from the OSFD location.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0115
Additional
Services and Support Charges
The OPRD may
add additional service and support charges listed in the Schedule of Rates and Fees
when applicable such as, but not limited to; service charges for additional cleaning,
repair of damages or moving of items left in an OSFD building or facility.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0120
Storage
of Items left on Grounds
OPRD may store
items left on OSFD property after the annual State Fair, program, event or exhibition
and charge a storage fee listed in the Schedule of Rates and Fees. OPRD reserves
the right to set a maximum number of days items maybe be stored on site. All items
left or abandoned on grounds may be disposed of by OPRD.
[Publications:
Publications referenced are available from the agency.]
Stat.
Auth.: ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0125
State
Fair Advisory Committee
(1) Pursuant
to ORS 565.021 and 565.030 the Director shall appoint a State Fair Advisory Committee
to provide advice and assistance to the Director on matters regarding the operation
of the annual State Fair.
(2) The
advisory committee shall consist of seven members appointed by the Director for
four-year terms. The director shall appoint:
(a) A
resident from each of the five congressional districts of Oregon. The director shall
seek to ensure that those persons reflect a broad-based representation of the industrial,
educational and cultural interests that are active in state fair programs, contests
and exhibits; and
(b) Two
persons to represent county fair interests. The Director may give consideration
to nominations suggested by the County Fair Commission established under ORS 565.410.
(3) The
Director may stagger the terms of office of the members of the advisory committee
to ensure that the terms of office do not expire at the same time.
(4) The
members of the advisory committee serve at the pleasure of the Director. The Director
may fill a vacancy on the advisory committee by appointing a person to fill the
unexpired term.
(5) Each
member of the advisory committee is entitled to compensation and reimbursement of
expenses, as provided in ORS 292.495.
(6) The
advisory committee shall select one of its members as chairperson and another as
vice chairperson, for such terms and with such duties and powers necessary for the
performance of the functions of those offices as determined by the advisory committee.
(7) The
advisory committee shall meet at the call of the director. The director shall give
consideration to calling a meeting at the request of a majority of the advisory
committee.
(8) The
principal duty of the advisory committee is to advise the director and staff on
the implementation of the State Fair Business Plan, as adopted by the Oregon Parks
and Recreation Commission, and to evaluate the performance of the fair operations
as measured against the objectives set forth in the business plan.
(9) Administrative
support to the advisory committee shall be provided by the director's office of
the OPRD.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0130
Oregon
State Fair Established
Under ORS 565.040,
there is a state institution to be designated and known as the OSFD, which shall
be administered and operated by the OPRD.
(1) The
Director, at the Director's discretion, may present business plans and policies
for the operation and management of the OSFD before the OPRD Commission for affirmation
and approval or for informational purposes.
(2) The
Director may develop and implement policies, processes and procedures for the operation
and execution of the annual State Fair.
(3) The
Director may delegate authority for the day-to-day business decisions to the Assistant
Director responsible for the OSFD.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 11-2010, f. 10-13-10, cert. ef. 10-15-10;
PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0135
State
Fair Purposes; Use and Management of Property
(1) The objects
and purposes of the OSFD are to disseminate knowledge concerning, and to encourage
the growth and prosperity of all agricultural, stock raising, horticultural, mining,
mechanical, artistic and industrial pursuits in this state. The Director shall operate
the business and properties of the OSFD as a year-round fair and exposition center,
display historical objects and do all things necessary to expedient for full utilization
of the properties and facilities of the annual State Fair and as an exposition center.
(2) The
Director or the Director's designee shall conduct an annual state fair for a period
of not more than 17 days duration beginning and ending on such dates as the Director
considers appropriate. The Director or the Director's designee may set the hours
of the annual State Fair and other public events.
(3) The
Director or the Director's designee shall have care of the OSFD property and be
entrusted with the direction of its business and financial affairs. The Director
shall prepare, adopt, publish and enforce all necessary rules for the management
of the Oregon State Fair, its meetings and exhibitions and for the guidance of its
officers or employees.
(4) The
Director or the Director's designee may appoint all necessary marshals to keep order
on the grounds and in buildings of the OSFD
during all exhibitions. The marshals so appointed shall be vested with the same
authority for such purposes as executive peace officers are vested by law.
(5) The Director or the
Director's designee shall establish charges for entrance fees, gate money, lease
stalls, parking space, buildings, restaurant sites; conduct shows and concerts,
exhibitions, races and all manner of business notwithstanding the provisions of
ORS 227.286 and do all other things the Director considers proper in the operation
of a year-round fair and exposition center and the annual State Fair.
(6) The
Director or the Director's designee may enter into sponsorship agreements for the
exchange of moneys, services, products or other items of value. A sponsorship agreement
entered into under this section is not subject to ORS 279.835 to 279.855 of Chapter
279A or 279B.
(7) The
Director, or the Director's designee, may enter into mutually beneficial sponsorship
agreements with private businesses, individuals, corporations or public or non-profit
entities. Sponsorship agreements may include the exchange of financial and other
valuable consideration as well as promotional, advertising, educational, product
and service activities in association with the OSFD programs, activities, events,
grounds and facilities.
(8) The
Director or the Director's designee for the successful sponsorships for the benefit
of OSFD, may allow the provision of tickets and other promotional items, facilities,
supplies, staff and services by OSFD for use by such a sponsor in connection with
events, activities and programs, buildings and facilities at the OSFD.
(9) The
Director or the Director's designee to help encourage the successful sponsorship
for the benefit of the OSFD, may waive fees and charges listed in the Schedule of
Rates and Fees for use by the sponsor in order to encourage additional business
or sponsorship activities.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 11-2010, f. 10-13-10, cert. ef. 10-15-10;
PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0140
Location of State Fair, Acquisitions of Adjacent Lands, Repair of Facilities
(1) OSFD shall be permanently located on the present grounds now owned by the state and heretofore devoted to the OSFD purposes, located in the City of Salem, in Marion County. The OSFD and such additional lands as may obtained by the OPRD for the purpose of the OSFD is dedicated for the use of the annual State Fair and for other year-round exposition center and other departmental programs.
(2) The Director may obtain by donation, exchange or purchase such lands adjacent to the present grounds, including improvements thereon, as it may deem necessary in the operation of the OSFD and for other department programs, activities and events.
(3) The Director may repair, alter, construct, furnish and equip building, facilities and equipment at OSFD as the Director deems appropriate.
Stat. Auth.: ORS 565.060
Stats. Implemented: ORS 565
Hist.: PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07
736-201-0145
Acceptance
and Disposition of Gifts, Grants and Donations
(1) As authorized
under ORS 565.109 to 565.116, the Director may accept on behalf of OSFD any gifts,
grants and donations of moneys, property or any other valuable thing on behalf of
OSFD from public and private sources for the purposes set out in ORS 565.109 and
565.144. Any prospective donor may contact the Director or the Director's designee
to consult or to propose making gifts, grants or donations of any value stipulating
conditions or limitations, if any.
(2) Gifts,
grants and donations approved under section (1) of this rule will be received by
the Director or an appointed designee of the Director. Funds will be deposited in
an appropriate separate trust account to be used for the purposes for which the
gifts, grants or donations are made. When no specific designations are made by the
donor, OPRD shall deposit such amounts in a separate account for general OSPD improvements,
programs and fair enhancements. When the Director determines that any stipulation
or limitation imposed by the donor will result in violation of any applicable law
or is contrary to any rules or policies, the Director or designee shall decline
acceptance of such donation or gift.
(3) All
donations or gifts must be approved by the Director or the Director's designee.
Gifts and donations must be:
(a) Compatible
with the OPRD master plans or, in areas not covered by such plans, compatibility
with existing facilities, buildings, entrances, security, fire lanes and property
uses;
(b) Of
a compatibility nature with the local conditions;
(c) Of
an age or the general condition of the donation and the anticipated maintenance
or repair costs; or
(d) Of
any anticipated maintenance costs and on-going service requirements can be maintained.
(4) The
Director or the Director's designee may accept in-kind and voluntary service donations
associated with improvement of the grounds, facilities, programs and Events at the
OSFD. Non-profits, service organizations, their agents and volunteers, may assist
in the planning, organizing and execution of service projects on the property or
within facilities at OSFD.
(5) The
Director or the Director's designee may enter into agreements with non-profit and
volunteer service organizations for the purpose of planning, organizing and executing
service projects on the property, during the annual state fair and during any other
public event or exhibition. The Director has discretion to pay a stipend to a service
or community organization for services at the OSFD or during the annual state fair
or any other public event or exhibition.
(6) The
Director or the Director's designee for the successful solicitation of gifts, grants,
donations, voluntary service by a nonprofit or community service organization for
the benefit of OSFD, may allow the provision of tickets and other promotional items,
facilities, supplies, staff and services by OSFD for use by such an organization
in connection with fundraising efforts or service projects that improve the property,
facilities, programs, events and the neighboring community.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0150
Cooperating
Non-Profit Organizations
(1) As authorized
under ORS 565.116, the Director may cooperate with any nonprofit, tax-exempt organization
designated as appropriate, to solicit gifts, grants and donations for the benefit
of the OSFD property, facilities, buildings, programs and events.
(2) The
Director may cooperate with any nonprofit, tax-exempt organization designated by
the Director as an appropriate organization to solicit gifts, grants and donations
for the benefit of the Oregon State Fair as follows:
(a) The
Director may enter into agreements with and pay a stipend to a nonprofit organization
to provide services, programs and events at OSFD;
(b) The
Director may accept donations in the form of donations of services, in-kind support,
volunteer labor and other services from any non-profit organization.
(3) The
Director may advise and receive advice from an organization described in section
(1) of this rule. The Director may, if allowed by the charter and bylaws of the
organization, serve as a regular or nonvoting board member of the organization.
The director may not chair the board of directors, vote for or appoint other board
members, control the financial affairs of the organization or oversee the day-to-day
operation of the organization.
(4) The
Director may provide tickets, promotional items and facilities to the organization
without charge for use in increasing the ability of the organization to successfully
solicit gifts, grants and donations, including in-kind and voluntary service donations
for the benefit of the OSFD facilities, buildings, property, programs and events.
(5) The Director
may provide additional supplies, staff and services to the organization at cost
for use in increasing the ability of the organization to successfully solicit gifts,
grants and donations for the benefit of the OSFD.
(6) The Director shall submit
an annual accounting report to an appropriate committee of the Legislative Assembly
designated by the Speaker of the House of Representatives and the President of the
Senate. The report must contain a detailed description of all tickets, promotional
items, facilities, supplies, staff and services provided under this rule, the specific
disposition or application thereof made by the organization and any resulting benefit
to the OSFD.
(7) The
Director may enter into agreements for the donation to the Oregon State Fair of
goods, services and public improvements by a nonprofit, tax-exempt organization.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0155
Buildings
and Facilities for 4-H and FFA Programs, Exhibits and Contests
(1) The buildings
and facilities that are planned, constructed, altered, furnished and equipped by
OPRD on OSFD property, as authorized by Chapter 42, Oregon Laws 1957, shall be used
primarily for the housing and dining of members of the 4-H Clubs and of the Future
Farmers of America (FFA) and for the exhibit and contest space for non-livestock
exhibits of both groups.
(2) 4-H
and FFA designated buildings and facilities shall be available for other groups
at times other than during the State Fair and as authorized by OSFD.
(3) The
Director may provide alternative forms of housing as repairs, new development and
alterations are made to buildings and facilities on OSFD property.
(4) The
Director may put into place applicable building rules, regulations and procedures
for the safe use of the buildings and facilities on OSFD property.
(5) The
Director may provide alternative forms of exhibit space as repairs, new development
and alterations are made to buildings and facilities on OSFD property.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0160
Armory
on Grounds of Oregon State Fair
(1) When the
construction of an armory containing an auditorium is authorized under ORS 396.505
to 396.545 in Marion County, if OPRD and the General Staff of the Oregon National
Guard arrive at a mutually satisfactory agreement for the use of the armory by OPRD,
OPRD may, notwithstanding the provisions of ORS 565.090, permit such armory to be
constructed on the OSFD property and grant control over such armory and grounds
to the General Staff for the period that such armory and grounds are used for military
purposes. When such armory and grounds are no longer primarily used for military
purposes, their control shall revert to OPRD.
(2) For
the purposes of this rule, "control" does not include the power to sell, lease,
mortgage or in any other way encumber an armory constructed under section (1).
(3) The
Director or the Director's designee may enter into agreements with the Oregon National
Guard for the use of the armory building and facility during the annual State Fair
and other OSFD controlled events.
(4) The
Director may put into place applicable building rules, regulations and procedures
for the safe use of the buildings and facilities on OSFD property including armory
constructed under section 1.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0165
Horse
Barn Facilities on Grounds
(1) The Director
shall plan, construct, alter, furnish and equip horse barn facilities at OSFD suitable
for stabling horses. These facilities shall also include restrooms suitable for
public use.
(2) The
Director shall also plan, construct, alter, furnish and equip storm sewers on grounds
of the OSFD.
(3) The
Director or the Director's designee may provide alternative forms of horse barn
facilities as repairs, new development and alterations are made to OSFPD buildings
and facilities.
(4) The
Director or the Director's designee may put into to place applicable rules, regulations
and procedures for the safe use of the OSFPD buildings and facilities.
(5) The
Director may contract with or enter into agreements for the management and oversight
and set forth specific uses of the OSFPD horse barn facilities.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0170
County
Exhibits at State Fair
(1) The Director
or the Director's designee shall plan, construct, alter, furnish and equip on the
grounds of the OSFPD a facility suitable for housing Oregon county exhibits.
(2) The
Director or the Director's designee shall develop procedures for Oregon county participation
at the annual State Fair including but not limited to the size and location of exhibit
space, the move-in move-out times and other procedures for exhibiting at the annual
State Fair.
(3) The
Director or the Director's designee may encourage Oregon county participation by
providing financial incentives and other forms of support and services allowing
for county representation at the annual State Fair.
(4) The
Director, or the Director's designee, may encourage Oregon county participation
in a regional format in order to share resources to encourage county and regional
representation in the state at the annual State Fair.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0175
Protest
Procedures
(1) Any adversely
affected or aggrieved person may protest an OPRD action that implements OAR chapter
736 division 201.
(a) The
protest must meet the following criteria:
(A) Be
in writing and delivered by hand or by certified mail to the Assistant Director
responsible for the OSFD within ten business days of occurrence of the action;
(B) Identify
the action and identify the agent or OPRD staff involved (if known);
(C) Explain
why the action taken is unlawful; and
(D) Describe
the action desired by the person filing the protest.
(2) If
protester's satisfaction is not achieved, written protest may be delivered by hand
or by certified mail to the Director within five business days of receipt of the
response from the Assistant Director responsible for the OSFD. The decision of the
Director shall be a final order in other than contested case that is subject to
judicial review under ORS 183.484.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 11-2010, f. 10-13-10, cert. ef. 10-15-10;
PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
736-201-0180
Sanctions
(1) An agent
or OPRD staff may request that a person promptly leave the OSFPD at any time that
the agent or OPRD staff reasonably believes that the person has violated any provision
of OAR chapter 736, division 201. The agent or OPRD staff shall tell the person
when the person may reenter the OSFPD. When any person fails to leave the OSFPD when requested, or returns
to the OSFPD during the period of time when reentry has been prohibited, consent
of the OSFD for the person to be within the OSFPD shall be deemed withdrawn, and
the person shall be immediately subject to all applicable trespass laws.
(2) The peace officers of
the OPRD, during the continuance of each annual State Fair or other public event
or meeting, and for three days prior and two days subsequent thereto, when on the
OSFPD, shall have the authority of a deputy sheriff and may make arrests for violations
of the provisions of ORS 565.610 to 565.630 or other laws of this state, including
the rules or regulations of OPRD.
(3) An
OPRD staff or an agent shall allow access to all buildings and facilities in order
for peace officers to enforce the laws of this state, including the rules or regulations
of OPRD.
Stat. Auth.:
ORS 565.060
Stats.
Implemented: ORS 565
Hist.:
PRD 5-2007, f. 5-15-07, cert. ef. 7-1-07; PRD 6-2011, f. 8-10-11, cert. ef. 8-15-11
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
