Title 304 KAR — Tourism, Arts and Heritage Cabinet - Department of Parks

Chapter 1 Tourism, Arts and Heritage Cabinet - Department of Parks

304 KAR 1:010 Accounting procedures {#sec-304-kar-1-010 omnilex-key=us-ky-regs-official--title-304--304 KAR 1:010}

Section 1. Accounting Records.

(1) Prior to commencing business or upon written notice, licensees shall obtain the services of a Certified Public Accountant or a firm of Certified Public Accountants for the purposes of developing an accounting system including a system of internal controls covering all business operations conducted upon the premises covered by the license agreement in order to maintain accurate financial records and books relating to the licensee's operation. The accounting system developed shall meet the specific approval of the Department of Parks. All cash registers, receipt documents, contracts, and other means of supporting a cash or income transaction shall meet the specific approval of the Department of Parks. The licensee shall bear all expenses related to development of an accounting and internal control system including cash registers, receipt forms, and rental contract documents.

(2) The system used to record income must be in sufficient detail to disclose the amount of income derived from each category of business conducted on the premises in order to facilitate compliance with rental consideration provisions under the license agreement. A complete income chart of accounts proposed for use and the rate of rental consideration due from each source shall be submitted as a part of the accounting system study as set out in subsection (1) of this section.

Section 2. Audit of Records.

(1) Each licensee shall provide for an annual examination of the statement of assets, liabilities, and capital income and expenses performed by an independent Certified Public Accountant or firm of Certified Public Accountants. The examination must include a review of the system of internal control and the accounting of year-end closing procedures and other supporting evidences necessary for the expression of an opinion on the financial statements. A written memorandum shall be made setting forth the weaknesses, if any be ascertained, in internal control and accounting procedures together with related suggestions for the improvement thereof as noted during the normal review of internal control. A statement shall be made in the audits as to compliance or noncompliance with the provisions of license agreement and all related rules and administrative regulations pertaining thereto.

(2) The audit report and memorandum must include the names of the Commissioner of Parks and the Commissioner of the Executive Department for Finance and Administration in the address.

(3) The audit and review of internal controls shall be performed annually as of the close of business on the day corresponding with the end of the licensees' fiscal year. The audit report and accompanying memorandum must be submitted to the Commissioner of Parks and the Commissioner of the Executive Department for Finance and Administration on or before the 15th day of the fourth month following the close of the licensee's fiscal year.

(4) Included as a part of the audit record required in this section shall be a schedule which sets out the names and addresses of all partners whether silent, active, or limited participating in licensee's business operation authorized by license agreement if licensee is partnership, or the names and addresses of all corporation officers and stockholders, if stock not publicly held, if licensee if incorporated.

(5) The licensee shall file with the Department of Parks a statement setting out the date on which he intends to end his fiscal year.

(6) The licensee shall bear all expenses connected with the audit examinations outlined in this administrative regulation.

History

• RELATES TO: KRS 148.021
• STATUTORY AUTHORITY: KRS Chapter 13A
• NECESSITY, FUNCTION, AND CONFORMITY: In order to control and evaluate the business activities of its various licensees the Department of Parks finds it necessary to prescribe certain accounting procedures to be used by its licensees. This administrative regulation will enable the Department of Parks to evaluate the records and operation of its licensees' businesses.
• History: PARKS-Rg-3; 1 Ky.R. 755; eff. 5-14-75; Crt eff. 2-12-2020.

304 KAR 1:020 Swimming restrictions {#sec-304-kar-1-020 omnilex-key=us-ky-regs-official--title-304--304 KAR 1:020}

Section 1. No person shall swim, bathe, or otherwise enter any water owned by, or leased to, or under the control of the Commonwealth of Kentucky, Department of Parks, or enter any waters from any shores of lands owned by, or leased to, or under the control of the Commonwealth of Kentucky, Department of Parks, unless they are within a swimming area designated by the Department of Parks.

History

• RELATES TO: KRS 148.021
• STATUTORY AUTHORITY: KRS Chapter 13A
• NECESSITY, FUNCTION, AND CONFORMITY: Because there is great danger involved when persons swim outside designated swimming areas at various state parks the Department of Parks finds it necessary to restrict swimming to a limited area. This administrative regulation will enable the Parks Department to control swimmers for their safety and the good order of the park.
• History: PARKS-Rg-5; 1 Ky.R. 756; eff. 5-14-75; Crt eff. 2-12-2020.

304 KAR 1:030 Commercial activities {#sec-304-kar-1-030 omnilex-key=us-ky-regs-official--title-304--304 KAR 1:030}

Section 1. No person, corporation, or other entity shall conduct or engage in any form of trade, business, or other commercial activity, nor perform any type of service for consideration within the boundaries of any lands owned by, leased to or under the control of the Commonwealth of Kentucky, Department of Parks, without obtaining the prior written consent of the Department of Parks and such consent shall not be withheld on a discriminatory basis.

Section 2. Nothing contained in Section 1 of this administrative regulation shall in any way affect the rights of third party concessionaires under any contracts with the Department of Parks.

History

• RELATES TO: KRS 148.021
• STATUTORY AUTHORITY: KRS Chapter 13A
• NECESSITY, FUNCTION, AND CONFORMITY: In order to preserve the natural and orderly atmosphere of state parks the Department of Parks finds it necessary to control commercial activity upon park premises. This administrative regulation will allow the Parks Department to regulate business activity by requiring prior written consent for such activity.
• History: PARKS-Rg-4; 1 Ky.R. 756; eff. 5-14-75; Crt eff. 2-12-2020.

304 KAR 1:040 Campgrounds {#sec-304-kar-1-040 omnilex-key=us-ky-regs-official--title-304--304 KAR 1:040}

Section 1. At each state park campground, requirements established in this section shall be posted and observed.

(1) Camping, unless otherwise authorized by the park manager due to a special event creating an overflow, shall be restricted to the campground.

(2)

(a) A tent, a camping vehicle, a recreational vehicle, camping equipment, or other personal property shall not be left unattended longer than twenty-four (24) consecutive hours without written permission from the park manager.

(b) Written permission pursuant to paragraph (a) of this subsection shall be based upon the best interests of the park.

(3)

(a) A pet shall:

1. Be kept on a leash or otherwise restrained at all times;

2. Have current inoculations for rabies as prescribed by the campers' state of residence; and

3. Not be tied to trees or shrubs.

(b) A camper shall clean up after the camper's pet.

(c) Campers unable to control their pets may be asked to leave the campground.

(4)

(a) Sewage or gray water from tents or recreational vehicles shall not be disposed of on the premises of the campground except at a sewage disposal site.

(b) Dishes, pots, pans, and silverware shall not be washed at spigots or in bathhouses.

(c) Vehicles or equipment shall not be washed within the campground.

(5) Quiet time begins at 11 p.m. Campers shall not have visitors after 11 p.m.

(6) Campers shall not:

(a) Hang lanterns on trees or shrubs;

(b) Drive an object into a tree, shrub, sign, building, or other object or structure in the campground; or

(c) Trench or dig in the campground.

(7) If the camper has a permit, a golf cart may be used on a state park campground.

(a) A person may purchase a golf cart permit at the campground store or another location designated by the park manager for twenty-five (25) dollars, and the permit shall be valid for seven (7) consecutive days.

(b) A person may purchase an annual golf cart permit at the campground store or another location designated by the park manager for $100 and the permit shall be valid April 1 through October 31.

(c) Each permit shall be displayed prominently on the golf cart in a location designated by the park manager.

(d) A golf cart shall not be parked or left in a no-parking zone, a prohibited area, or in an area that would block traffic.

(e) A state park employee or agent may use a golf cart without a permit on the grounds of the state park campground if the employee or agent is acting on behalf of a state park.

(8)

(a) Motorbikes, motorcycles, motor scooters, and mopeds in the campground shall be restricted to regular roadways for use in entering and exiting only.

(b) Four (4) wheelers, all terrain vehicles, utility type vehicles, or similar vehicles may be prohibited within portions of the campground in areas designated by the park manager.

(c) Campers and visitors shall not joy ride on a motorized vehicle within the campground.

(d) A driver shall be at least sixteen (16) years of age and have a valid driver's license.

(e) A vehicle shall be properly muffled and shall stay on paved roads.

(f) An exception shall be made for the use of a motorized vehicle by a person with a disability who:

1. Is using a motorized vehicle for travel to or from campground facilities; and

2. Has proof of disability such as an appropriate identification card or vehicle license plate.

(9)

(a) Campsites may be reserved by telephone or via the Internet.

(b) A campsite not reserved shall be available on a first-come, first-served basis.

(c) Check-in time shall be 2 p.m., and check-out time shall be 1 p.m.

(10)

(a) There shall be a fourteen (14) day maximum stay unless granted a waiver by the park manager for good cause due to an emergency or business necessity.

(b) A camper may be asked to move to facilitate maintenance on the site.

(c) A camper shall not homestead.

(11)

(a) A camper shall register at the entrance gate or designated area and shall receive a campsite assignment from the gate attendant, which shall be noted with a camping permit.

(b) A camper shall not change a campsite assignment, unless permission to move is granted by the gate attendant.

(c) If a camper is permitted to select a site of the camper's choice, the camper shall return immediately to the gate attendant and identify the chosen site.

(12)

(a) Central service buildings and other facilities in the camping area shall be for campers and their guests only.

(b) Anyone other than a registered camper or guest shall not picnic, sightsee, or have reunions in the campground.

(13) Fires shall be restricted to fire rings in designated areas only and shall be attended at all times.

(14)

(a) Vehicles shall be parked in campsite spaces and parking lots and shall display a "car pass" or "visitor pass."

(b) No more than two (2) vehicles shall be permitted per campsite, including recreational vehicles (RV), except as permitted pursuant to subsection (16)(b) of this section.

(c) Vehicles shall not block adjacent sites or roadways.

(15) Tables shall not be moved from site to site.

(16)

(a) Two (2) groups or parties may share one (1) campsite.

(b) If two (2) groups or parties agree to share one (1) campsite, each shall be issued a camping permit, if two (2) tents, campers, or recreational vehicles are used.

(17)

(a) A camper shall keep the camping site clean and dispense of refuse in the receptacles provided.

(b) Campers may camp on grass only with prior permission of the gate attendant or park manager.

(18) Alcoholic beverages shall not be publicly displayed.

(19) Fireworks shall not be allowed at the campground.

(20) Campers shall:

(a) Report loss, theft, accident, or disturbance to gate attendant; and

(b) Turn in all found property to gate attendant.

(21)

(a) A camper shall not deface or damage park property.

(b) Failure to comply with paragraph (a) of this subsection may result in arrest, fine, or eviction from the park property.

(22) All visitors shall sign in and out, display a visitor pass, and obey all campground rules.

(23) More than two (2) visitor passes shall not be issued per site.

(24)

(a) A camper or a camper's guest shall not engage in fighting; threatening or abusive language; or lewd acts, or conduct that causes public inconvenience, annoyance, alarm, unreasonable noise, or is disturbing to campground patrons.

(b) Failure to comply with paragraph (a) of this subsection may result in arrest, fine, or eviction from the park property.

Section 2. Sanctions. A person identified by the park manager as being in violation of this administrative regulation may:

(1) Have his or her permit revoked. If the permit is revoked pursuant to this subsection, the permit fee shall be nonrefundable;

(2) Have his or her four (4) wheeler, all terrain vehicle, utility type vehicle, moped, golf cart, horse trailer, or similar vehicle towed to the nearest licensed towing facility; and

(3) Be removed from the park premises.

History

• RELATES TO: KRS 148.021, 148.029, 148.051, 148.056, 148.991
• STATUTORY AUTHORITY: KRS 148.021(8)
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 148.021(8) authorizes the Commissioner of Parks to promulgate administrative regulations relating to the operation of state park campgrounds. This administrative regulation establishes requirements for the orderly operation of state park campgrounds.
• History: 1 Ky.R. 756; eff. 5-14-75; Am. 5 Ky.R. 549; eff. 2-7-79; 15 Ky.R. 2103; eff. 4-26-89; 27 Ky.R. 1545; 2127; eff. 2-15-2001; 32 Ky.R. 1925; 2267; eff. 7-7-06; 34 Ky.R. 855; 1414; eff. 1-4-2008; 38 Ky.R. 2002; 39 Ky.R. 466; eff. 10-5-2012; TAm. 5-9-2013; Crt eff. 2-12-2020.

304 KAR 1:050 Metal detectors {#sec-304-kar-1-050 omnilex-key=us-ky-regs-official--title-304--304 KAR 1:050}

Section 1. Except as provided in Section 2 of this administrative regulation, the use of metal detectors shall be prohibited in all Kentucky state parks.

Section 2. Park personnel, law enforcement personnel, and utilities may use metal detectors.

History

• RELATES TO: KRS Chapter 148
• STATUTORY AUTHORITY: KRS 148.021
• NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation requires the Department of Parks to enforce restrictive rules, policies and procedures which preclude unnecessary damage to natural areas and other facilities without mitigating the degree of flexibility required to provide proper and adequate service to the visiting public. Upon enactment of this administrative regulation, the Department of Parks will institute policies to efficiently and effectively cover its assigned stewardship mission on behalf of the citizens of the Commonwealth. Because of the great number of patrons visiting the state parks, the Department of Parks finds it necessary to establish an administrative regulation governing the use of metal detectors. This administrative regulation will allow the department to operate efficient, orderly facilities for the benefit of all the visiting public.
• History: 17 Ky.R. 2090; Am. 2429; eff. 2-7-91; Crt eff. 2-12-2020.

304 KAR 1:080 Kentucky Proud™ Promotion Program {#sec-304-kar-1-080 omnilex-key=us-ky-regs-official--title-304--304 KAR 1:080}

Section 1. The Department of Parks' promotion program shall:

(1) Encourage the Department of Parks to utilize local vendors, if feasible and cost effective;

(2) Include the Kentucky Proud™ logo on all park dining menus if those products are utilized;

(3) Include the Kentucky Proud™ logo on park uniforms if feasible and applicable;

(4) Promote special events that feature Kentucky Proud™ products;

(5) Identify Kentucky produced products in park gift shops;

(6) Encourage contract vendors to offer Kentucky Proud™ products; and

(7) Promote the program through its press releases, social media, and Web site.

History

• RELATES TO: KRS 45A.645, 260.016
• STATUTORY AUTHORITY: KRS 148.830 – 148.840
• NECESSITY, FUNCTION, AND CONFORMITY: KRS 148.830 requires the Commissioner of Parks to promulgate administrative regulations relating to the promotion of Kentucky-grown agricultural products to operate in conjunction with the Kentucky Proud™ Program. This administrative regulation establishes guidelines for the promotion program.
• History: 38 Ky.R. 2110; 39 Ky.R. 467; eff. 10-5-2012; Crt eff. 2-12-2020.