LD 1600
pg. 256
Page 255 of 361 PUBLIC Law Chapter 414 Page 257 of 361
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LR 2121
Item 1

 
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

 
D.__An outfitter who, in the year 1982 or thereafter:

 
(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

 
(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.

 
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.

 
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.

 
4.__Commercial.__"Commercial" means for financial compensation
or other remuneration.

 
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.

 
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.

 
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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