Chapter 1501:31-35 Concession Lease Agreement

1501:31-35-01 Concession lease agreement.

Lease agreements for the operation of concessions at facilities situated on state-owned or leased lands or waters, or other lands under control of the division of wildlife shall be made in writing by the chief of the division of wildlife, as approved by the director of the department of natural resources, with the person, whose bid, in consideration of the public interest, is determined by the chief to be the best bid received, after advertisement for bids has been published for a minimum of four consecutive weeks in a newspaper having a general circulation in each county in which the facility is situated, and on the Ohio department of administrative service's website when required by the Administrative Code or Revised Code, or on an electronic media outlet. Such notice for bids shall set forth the pertinent facts concerning the facility, the periods of required operation during the year, and shall refer to the conditions of operation and the terms of the lease agreement which shall be on file in the office of the chief and open to public inspection. Lease agreements for the operation of division of wildlife facilities shall contain provisions assuring that the facilities will be open to the public at reasonable rates and without discrimination as to race, creed, or color, and such other provisions as the chief deems necessary to satisfy the needs of the people of the state. The lease agreement may specify which objects the concessionaire may sell and the remuneration to be received by the division of wildlife on the sale of such objects. The lease agreement may be paid for in money or services that may be provided at or near the concession facility, whichever is advantageous to the state.

If any provision in the lease agreement is violated, the chief may terminate the lease immediately at which time any fees owed the state shall be paid in full. Fees paid in advance shall be forfeited and no refund will be made on such fees.

Effective: 7/1/2016
Five Year Review (FYR) Dates: 02/16/2016 and 07/01/2021
Promulgated Under: 119.03
Statutory Authority: 1531.06
Rule Amplifies: 1531.06
Prior Effective Dates: 11/12/82, 4/20/87, 6/22/11