Section 313IAC6-2-10. Use by private organizations

   (a) This section governs the use of an area within a corporation property that is open to the public by a person to conduct any of the following:

(1) A public meeting.

(2) A parade.

(3) A demonstration.

(4) A ceremony.

(5) A contest.

(6) A competition.

(7) A sporting activity.

(8) Any other special event.

For purposes of this section, an area is not open to the public if the corporation chief executive officer or an authorized representative determines that the proposed activity would unduly disturb the environmental, biological, ecological, archeological, cultural, or historic characteristics of the area.

  (b) An area open to the public may not be used by a person to conduct a public meeting, parade, demonstration, or ceremony unless the person has obtained a license for the use under this section.

  (c) An application for a license designated in subsection (b) shall be delivered to the corporation at least thirty (30) days in advance of the proposed event and shall set forth each of the following:

(1) The name, address, and telephone number of the applicant.

(2) The date, time, and duration of the proposed activity.

(3) An estimate of the number of individuals expected to attend and to participate in the activity.

(4) A statement of any equipment or facilities to be used in connection with the activity.

  (d) An area open to the public may not be used for a contest, competition, sporting event, or other similar activity unless authorized by a license. An application for a license under this subsection shall be delivered to the corporation at least thirty (30) days before the proposed event and shall set forth the following:

(1) The name, address, and telephone number of the applicant.

(2) The date, time, and duration of the proposed activity.

(3) An estimate of the number of individuals expected to attend and participate in the activity.

(4) A description of any equipment or facilities to be used in connection with the activity.

  (e) To receive a license under subsection (c), the applicant must demonstrate each of the following:

(1) The activity will not present or be conducted in a manner that will present a clear and immediate danger to public health or safety.

(2) The activity will not cause undue interference to other users of the area.

(3) The activity will not conflict with another license previously issued by the property manager.

(4) The activity is consistent with the:

(A) property master plan; or

(B) if a master plan has not been adopted, purposes for which the area was established.

(5) The activity is consistent with any site designated under subsection (g).

  (f) The site manager shall make an initial determination to issue or deny an application for a license sought under this section within a reasonable period of time after receipt of the application. The license may include conditions that are reasonably necessary to satisfy the purposes of this section.

  (g) An area open to the public is available to the general public by reservation on a first-come, first-served basis.

  (h) A license issued under this section does not authorize a person to establish, construct, or erect a structure unless otherwise specified in the license.

  (i) This section does not apply to a private expression of religious preference. (Indiana State Museum and Historic Sites Corporation; 313 IAC 6-2-10; filed Sep 11, 2012, 2:31 p.m.: 20121010-IR-313110726FRA)