| | | C.__An outfitter, 10% or more of whose financial interests | | are owned directly or indirectly or through a chain of | | successive ownership by a person who owns 10% or more of the | | financial interest in another outfitter; or |
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| | | D.__An outfitter who, in the year 1982 or thereafter: |
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| | | (1)__Purchases, leases, borrows, accepts, receives or | | otherwise obtains on a nonarms-length basis from | | another whitewater outfitter, either directly or | | indirectly, more than 1/2 of its real or personal | | property; or |
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| | | (2)__Receives from another outfitter on a nonarms-length | | basis more than 1/2 of the ordinary services related to | | the business of whitewater outfitting, including, but | | not limited to, mail, telephone, reservations, repair, | | maintenance, personnel training and management. |
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| | | A person may not be found to be an affiliated outfitter solely | | because of blood relationship, marriage or previous employment.__ | | If the department transfers a selling outfitter's allocation to a | | buying outfitter or outfitters, pursuant to section 12907, | | subsection 7, these transferred allocations must be added to the | | buyer's allocations and may not be considered as affiliated. |
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| | | 3.__Allocation.__"Allocation" means the privilege of taking a | | specified number of passengers per day on whitewater trips on a | | particular river, as specified annually. |
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| | | 4.__Commercial.__"Commercial" means for financial compensation | | or other remuneration. |
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| | | 5.__Commercial whitewater outfitter; outfitter.__"Commercial | | whitewater outfitter" or "outfitter" means a person who conducts | | commercial whitewater trips or who collects dues or fees or | | receives any form of compensation for providing whitewater | | rafting services or for operating a whitewater rafting | | organization. |
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| | | 6.__Demonstrated use.__"Demonstrated use" means for a given | | outfitter for a given river the average number of passengers | | carried on the 10 Saturdays or Sundays with greatest use during | | the year. |
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| | | 7.__Financial interest.__"Financial interest" means any voting | | or nonvoting security, partnership interest whether limited or | | general, trust interest, joint venture interest or any other | | beneficial interest in any form of business association. |
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