1999 Minnesota Statutes

     82A.04 Application for registration. 

    Subdivision 1.    Filing fee.  A filing fee of $500 
 shall accompany the application for registration of membership 
 camping contracts. 

    Subd. 2.    Application contents.  The application for 
 registration shall include: 

    (1) an irrevocable appointment of the commissioner to 
 receive service of any lawful process as required by section 
 82A.22, subdivision 1; 

    (2) the name of the campground, the membership camping 
 operator's name and the address of its principal place of 
 business, the form, date of organization, and jurisdiction of 
 its organization; and the name and address of each of its 
 offices in this state; 

    (3) a copy of the membership camping operator's articles of 
 incorporation, partnership agreement, or joint venture agreement 
 as contemplated or currently in effect; 

    (4) the name, address, and principal occupation for the 
 past five years of the membership camping operator and of each 
 controlling person of the membership camping operator, and the 
 extent and nature of each such person's interest in the 
 membership camping operator as of a specified date within 30 
 days prior to the filing of the application; 

    (5) a statement indicating whether or not the membership 
 camping operator, or any of the persons identified in clause 
 (4), within the past ten years has been: 

    (i) convicted of a felony; or 

    (ii) enjoined or received any adverse administrative order 
 relating to the sale of securities, land, or campgrounds or 
 based on violations of any consumer protection statutes.  If any 
 of the above has occurred, the name of the person involved, the 
 jurisdiction, offense, and date of the offense shall be listed; 

    (6) a legal description of each campground owned or 
 operated in this state by the membership camping operator which 
 is represented to be available for use by purchasers, and a map 
 or maps showing the location of all campgrounds, wherever 
 located, which are owned or operated by the membership camping 
 operator and represented to be available for use by purchasers, 
 and a statement identifying the existing amenities at each such 
 campground and the planned amenities represented as to be 
 available for use by purchasers in the future at each such 
 campground; 

    (7) the states or jurisdictions in which an application for 
 registration or similar document has been filed by the 
 membership camping operator pursuant to any statute similar to 
 this chapter regulating membership camping contracts and any 
 adverse order, judgment, or decree entered against the operator 
 in connection with membership camping contracts by any 
 regulatory authority in any jurisdiction or by any court; 

    (8) a statement of the condition of the title to the 
 campground owned or operated in this state by the membership 
 camping operator and represented to be available for use by 
 purchasers, including all encumbrances, deed restrictions, and 
 covenants applicable thereto with data as to recording, as of a 
 specified date within 30 days prior to the date of application, 
 by a title opinion of a licensed attorney or by a title 
 insurance policy, naming the operator or lender as beneficiaries 
 and issued by an insurance company authorized to do business in 
 this state, or by any evidence of title acceptable to the 
 commissioner; 

    (9) copies of the instruments by which the membership 
 camping operator's interest in the campgrounds in this state was 
 acquired; 

    (10) copies of all recorded or unrecorded instruments, 
 known to the membership campground operator, that evidence 
 blanket encumbrances that materially adversely affect the 
 campgrounds in this state; 

    (11) if there is a blanket encumbrance which materially 
 adversely affects the campgrounds located in this state, a legal 
 description of the encumbrance, and a description of the steps 
 taken to protect purchasers, in accordance with section 82A.14, 
 clause (1), in case of failure to discharge the lien or 
 encumbrance; 

    (12) evidence showing compliance with the zoning and other 
 applicable environmental or land use laws, ordinances, and rules 
 affecting the use of the campgrounds located in this state; 

    (13) a statement of the existing and planned provisions for 
 the following with respect to campgrounds located in this state: 

    (i) purchasers' access to the campgrounds; 

    (ii) the availability of sewage disposal facilities and 
 other public utilities, including but not limited to water, 
 electricity, gas, and telephone facilities in the campgrounds; 

    (iii) the proximity of community fire and police 
 protection; 

    (iv) a statement of the amenities which will be represented 
 to purchasers as guaranteed to be constructed or installed, 
 whether the operator will be responsible for their cost, 
 installation, and maintenance, and an estimated cost of and 
 schedule for completion of the same; provided that the estimated 
 completion dates need not be more precise than the year in which 
 completion is estimated to occur, and may be extended for the 
 period of any delays caused by or deferred due to the occurrence 
 of events such as acts of God, strikes, and other causes outside 
 the reasonable control of the membership camping operator; and 
 assurance that such amenities will be completed by filing a bond 
 or irrevocable letter of credit, depositing funds in an escrow 
 account, or such other provision as the commissioner may by 
 order allow.  The amount of the bond or escrow account shall be 
 reduced monthly in proportion to the amount paid for completion 
 of the amenities during such period.  The bond, letter of 
 credit, or escrow account shall be issued or held by a bank or 
 insurance or surety company authorized to do business in this 
 state; 

    (v) a statement of the amenities to be represented to 
 purchasers as planned for construction and installation, but not 
 guaranteed, whether the operator will be responsible for their 
 costs, installation, and maintenance, and an estimated cost of 
 and schedule for completion of the same; provided that the 
 estimated completion dates need not be more precise than the 
 year in which completion is estimated to occur and may be 
 extended for the period of any delays caused by or deferred due 
 to the occurrence of events such as acts of God, strikes, and 
 other causes outside the reasonable control of the membership 
 camping operator; 

    (14) the proposed disclosure statement as required by 
 section 82A.05, subdivision 1, and the proposed separate 
 disclosure, if applicable, as required by section 82A.05, 
 subdivision 6; 

    (15) a financial statement of the membership camping 
 operator as of the end of the membership camping operator's most 
 recent fiscal year, prepared by an independent public accountant 
 and certified by the camping operator; and, if the fiscal year 
 end of the membership camping operator is in excess of 180 days 
 prior to the date of filing the application, a financial 
 statement, which may be unaudited, as of a date within 180 days 
 of the date of application; 

    (16) a statement of the applicable material permits, other 
 than building permits, not yet obtained but required to be 
 obtained from various federal, state, and local agencies to 
 operate the campground in this state, stating which have been 
 applied for.  If any permit has been refused, the reasons for 
 the refusal and the effect the refusal will have on subsequent 
 development of the campgrounds must be disclosed; 

    (17) a copy of each type of membership camping contract to 
 be sold in this state, the purchase price of each type and, if 
 the price varies, the reason for the variance; 

    (18) the number of membership camping contracts proposed to 
 be sold at each campground located in this state and a statement 
 describing the method used to determine the number; 

    (19) rules of general applicability governing use and 
 occupancy of the campgrounds; but not including any rules 
 adopted in response to unique local or immediate needs; 

    (20) copies of applications for and contracts with any 
 reciprocal program entity in which the membership camping 
 operator is to participate and represents as available for use 
 by purchasers; 

    (21) information concerning purchase or lease costs, rules, 
 forms, and any fees, other than the initial membership fee and 
 annual dues, which are required for purchaser usage of in-park 
 trailers, recreational vehicles, tents, or other overnight 
 accommodations, provided by or through the membership camping 
 operator, for purchasers as an alternative to using the 
 purchaser's own mobile accommodations; and 

    (22) any additional information the commissioner reasonably 
 deems appropriate to administer the provisions of this chapter. 

    Subd. 3.    Signing of application.  The application 
 shall be signed by the membership camping operator, duly 
 authorized signatory, or any person holding a power of attorney 
 for this purpose from the membership camping operator.  If the 
 application is signed pursuant to a power of attorney, a copy of 
 the power of attorney shall be included with the application. 

    Subd. 4.    Effective date.  Unless an order denying 
 registration under section 82A.12 is in effect, or unless 
 declared effective by order of the commissioner prior thereto, 
 the application for registration shall automatically become 
 effective upon the expiration of 15 business days following 
 filing with the commissioner, but an applicant may consent in 
 writing to the delay of registration until the time the 
 commissioner may issue an order of registration.  If the 
 commissioner requests additional information with respect to the 
 application, the application shall become effective upon the 
 expiration of 15 business days following the filing with the 
 commissioner of the additional information unless an order 
 denying registration under section 82A.12 is in effect or unless 
 declared effective by order of the commissioner prior thereto. 

    HIST: 1985 c 129 s 4; 1985 c 248 s 70; 1987 c 154 s 4; 1988 c 
 493 s 1; 1989 c 252 s 2; 1995 c 233 art 2 s 56