Minnesota Administrative Rules

CHAPTER 1235, PUBLIC RALLIES ON CAPITOL GROUNDS

DEPARTMENT OF ADMINISTRATION

1235.0100 SCOPE.

Pursuant to Minnesota Statutes, section 16B.24, subdivision 1, the following rule governs the issuance of permits for public rallies in or on the Capitol complex buildings and grounds.

Statutory Authority:

MS s 16B.04; 16B.24

Published Electronically:

September 7, 2004

1235.0200 DEFINITION.

"Public rallies" for the purpose of this rule means parades, gatherings, solicitations, concerts, speeches, or rotunda ceremonies, and other such related uses of the buildings, grounds, and state-owned streets in the Capitol complex.

Statutory Authority:

MS s 16B.04; 16B.24

Published Electronically:

September 7, 2004

1235.0300 PURPOSE.

This part defines the permissible time, place, duration, and manner of the use of the Capitol complex grounds, including the rotunda, sidewalks, Capitol building steps, and state-owned streets for public rallies, so as not to unreasonably interfere with the rights of others to the use of such public areas, to assure access to driveways and building entrances, to assure traffic movement in such a manner so as to not deprive the public and state employees of police and fire protection, and to assure the public of safe use and enjoyment of such public places.

Statutory Authority:

MS s 16B.04; 16B.24

Published Electronically:

September 7, 2004

1235.0400 APPLYING FOR RALLY PERMIT.

Subpart 1.

Form.

Any person, firm, partnership, association, corporation, company, or organization shall secure a permit from: Director of Plant Management Division, Department of Administration, Room G-10, State Administration Building, 50 Sherburne Avenue, Saint Paul, Minnesota 55155, to conduct a rally on the Capitol complex grounds prior to announcing or conducting such public rally.

Subp. 2.

Written application.

Any such person seeking a permit for a public rally shall submit, not less than seven working days prior to the proposed date of the event, a written application identifying the person, firm, partnership, association, corporation, company, or organization; mailing address and telephone number; date; time; and name, address, and the telephone number of the contact person who shall be responsible for the public rally; and all other relevant information requested by the director of the Plant Management Division. The director, where compelling reasons are shown therefor, and if staff and time are available to make arrangements necessary to protect the public interest, shall have the authority to consider any application hereunder which is filed less than seven working days before the date such rally is proposed to be conducted.

Subp. 3.

Workers' compensation and other insurance.

Proof of workers' compensation and public liability insurance shall be submitted when required by director.

Statutory Authority:

MS s 16B.04; 16B.24

Published Electronically:

September 7, 2004

1235.0500 GROUNDS FOR DENYING RALLY PERMIT.

Upon consideration of the request for the permit, and after written agreement is reached between the parties involved regarding security, police protection, liability for damages, and cleanup of the areas, the director of Plant Management shall approve the permit application unless any of the following is found to exist:

A.

the conduct of the rally will substantially interrupt the safe and orderly movement of other traffic contiguous to its route or location;

B.

the conduct of the rally would require the diversion of so great a number of the security force of the Capitol to properly police the line of movement and the areas contiguous thereto as to prevent normal security;

C.

the concentration of persons, animals, and vehicles at assembly areas of the rally will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

D.

the conduct of such rally will interfere with the movement of firefighting equipment en route to a fire;

E.

the rally is not scheduled to move from its point of origin and to its point of termination expeditiously and without unreasonable delays en route;

F.

the rally is to be held for the sole purpose of advertising any product or goods or is designed to be held all or in part for private profit; or

G.

the rally will unreasonably disrupt the normal operations of state government and the public right to safe use or reasonable enjoyment of public spaces.

Statutory Authority:

MS s 16B.04; 16B.24

Published Electronically:

September 7, 2004

1235.0600 GENERAL RULES FOR RALLIES.

A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The rally chairperson or other person heading or leading such activity shall be in possession of the permit during the conduct of the rally.

Whenever any rally is conducted in a manner substantially different from that indicated in the permit application and rules therefor, the permit shall be deemed to be automatically revoked and shall be forfeited.

No public rally in the Capitol complex shall be undertaken unless a permit has been obtained as required in this chapter. Any person violating this chapter, or applicable state or local law, may be subject to prosecution under applicable law.

Statutory Authority:

MS s 16B.04; 16B.24

Published Electronically:

September 7, 2004