| | | Except as provided in section 12910 and notwithstanding | | section 10602, a person who violates a rule regulating commercial | | whitewater rafting commits a civil violation for which a | | forfeiture of not less than $100 nor more than $500 may be | | adjudged. |
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| | | §12907.__Commercial whitewater outfitters; license and |
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| | | 1.__Requirement.__Every commercial whitewater outfitter must | | have a commercial whitewater outfitter's license.__An outfitter | | may not operate a commercial whitewater trip without a license.__ | | A person who violates this subsection commits a Class E crime. |
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| | | 2.__Issuance; term.__The commissioner may issue a commercial | | whitewater outfitter's license to conduct commercial whitewater | | trips.__A license is issued for the calendar year. |
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| | | 3.__Insurance requirements.__An outfitter shall carry | | liability insurance covering the operation of whitewater trips | | and motor vehicles carrying passengers.__The department shall | | establish, by rule, the minimum limits of liability insurance. |
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| | | 4.__Fee.__The annual basic fee for a commercial whitewater | | outfitter's license must be set by the department and adjusted | | biennially by rule to reflect the actual cost of administering | | the license program.__The fee for reissuance of a license is | | equal to the annual basic fee for a license. |
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| | | 5.__Nonrenewal, suspension or revocation.__A commercial | | whitewater outfitter's license is subject to nonrenewal, | | suspension or revocation for good cause shown, including, but not | | limited to, unsafe practices, falsifications of reports or | | serious or continued violation of this chapter, subject to Title | | 5, chapter 375. |
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| | | 6.__Sale of business.__When a licensed outfitter's business is | | sold, the commercial whitewater outfitter's license must be | | returned to the department.__On application, the license must be | | reissued to the purchaser, as long as the purchaser meets the | | licensing requirements of the department and pays the license | | fee.__A person may not profit on the return and reissuance of the | | license itself, but nothing in this chapter may be construed to | | prohibit profit on the sale of any of the assets of a business.__ | | The license is not an asset and may not be transferred as part of | | a sale or transaction.__The department may require an affidavit | | from the purchaser to aid in enforcement of this provision. |
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| | | 7.__Sale of business; allocations.__When a licensed | | outfitter's business is sold, the selling outfitter's allocations |
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