Section 270.10  Definitions

 

Unless the context otherwise requires, the terms shall have the following meanings:

 

            "Authorized Vehicle" is an on-road or off-road vehicle operated by the Department of Agriculture.

 

"Business Day" is a day that the State of Illinois is open for operations.

 

"Calendar Day" is the period of time from one midnight to the following midnight.

 

            "Concessionaire/Commercial Exhibitor" means any person selling directly to the public or taking orders for future sales pursuant to an annual space rental contract.

 

            "Division" means the Division of Fairs and Promotions, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62794-9281.

 

"DuQuoin State Fair" means only that annual event at DuQuoin.

 

            "Exhibitor" means any person who displays his/her goods, displays his/her person, or distributes information and is not engaged in sales pursuant to an annual space rental contract, or participates in programs offered by the Department.

 

"Illinois State Fair" means only that annual event at Springfield.

 

            "Person" means any individual, partnership, corporation, association, governmental or religious entity.

 

            "Space Rental Contract" means a written contract entered into between the persons desiring to put on an exhibit or operate a concession and the Department.

 

            "Space Rental Office" means the office in charge of space rental, Division of Fairs and Promotions, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62794-9427 or the office in charge of space rental for the DuQuoin State Fair, Division of Fairs and Promotions, Department of Agriculture, Fairgrounds, DuQuoin, Illinois 62832.

 

            "Special Agreement" means a multiple year or single year lease subject to a negotiated rate.  This type of agreement would include persons building permanent structures, multiple year off season rentals, single or multiple year fair-time leases, etc.

 

            "State Fair" means the annual event that is held at Springfield or the annual event that is held at DuQuoin for the purposes as set forth in Section 270.15.

 

            "State Fairgrounds" means all the land and water areas, including all buildings and facilities located thereon, known as the State Fairgrounds at Springfield or DuQuoin.

 

"State Fairgrounds at DuQuoin" means only the State Fairgrounds at DuQuoin.

 

"State Fairgrounds at Springfield" means only the State Fairgrounds at Springfield.

 

            "Superintendent of the Division of Fairs and Promotions" means the Superintendent of the Division of Fairs and Promotions, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62794-9281.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.15  Policy

 

a)         It is the policy of this State that the Department operate the Illinois State Fair as a showcase for the nation and world to view Illinois agriculture, to provide for industrial, cultural, educational, trade and scientific exhibits, to promote the sport of horse racing and other competitive sports and for the entertainment and enjoyment of the people of the State of Illinois (Section 3 of the State Fair Act (Ill. Rev. Stat. 1991, ch. 127, par. 1703) [20 ILCS 210/3]). The annual Illinois State Fair, located at Springfield, will be held commencing not earlier than the Thursday that is twenty-five days prior to Labor Day. The DuQuoin State Fair will be held commencing not earlier than the Saturday that is nine days prior to Labor Day.

 

b)         The policy governing the general operation of the Illinois State Fair and the State Fairgrounds at Springfield shall be applicable to the general operation of the DuQuoin State Fair and the State Fairgrounds at DuQuoin.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.20  Violation of Rules; Administrative Hearings

 

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, proceedings, contested cases, declaratory rulings and availability of Department files for public access.  Administrative hearings are governed by the Illinois Administrative Procedure Act and 8 Ill. Adm. Code 1.Subpart B.

 

(Source:  Amended at 19 Ill. Reg. 9400, effective June 29, 1995)

 

Section 270.25  Categories of Exhibits

 

Exhibits for the State Fair shall be allowed in the following general categories:

 

a)         Agricultural exhibits;

 

b)         Industrial exhibits;

 

c)         Labor and management exhibits;

 

d)         Governmental and public service exhibits;

 

e)         Religious exhibits;

 

f)         Educational exhibits; and

 

g)         Artistic and athletic exhibits.

 

Section 270.30  Privilege to Operate a Concession or Exhibit

 

The privilege to operate a concession or exhibit shall be conducted according to the laws of the State of Illinois and without infringement upon the rights or privileges of others. Lessee will not handle or sell any commodity or transact any business upon and within the State Fairgrounds except that which is expressly stipulated in the contract. A lessee must confine the business and the promotion and advertising of same on the State Fairgrounds to the assigned space.

 

Section 270.35  Application for Reassignment of Space

 

Application for reassignment of space will be provided in the following manner:

 

a)         Following the close of the most recent State Fair, all concessionaires/exhibitors will be evaluated with regard to performance (i.e., payment of fees, violation of public health rules (if applicable), appearance of concession/exhibit, revenue generated, compliance with State Fair rules (Subparts A through I of this Part, as applicable), and any formal written complaints from the public arising out of the performance of activities on the fairgrounds.

 

b)         Those concessionaires/exhibitors that perform in an acceptable manner based on the criteria described in this Section shall be mailed an application to apply for reassignment to the same space or relocation of space.  The application will be mailed to the address on file with the Department not later than December 15 preceding the next year's State Fair.  It shall be the responsibility of each concessionaire/exhibitor desiring reassignment or relocation of space to return its application to the Space Rental Office no later than February 1.  Failure to receive the application for reassignment or relocation of space shall not relieve the concessionaire/exhibitor from its responsibility to request reassignment or relocation of space prior to the February 1 deadline.

 

c)         After evaluating reapplication for space submitted pursuant to subsection (a) of this Section, and after spaces have been assigned by the Director or a designated representative, all new applications for space rental will be evaluated.

 

(Source:  Amended at 39 Ill. Reg. 7241, effective May 8, 2015)

 

Section 270.40  New Applications for Space Rental

 

Applications for new concessionaires will be available on-line or by contacting the Space Rental Office.  These applications for new concessionaires will be considered after February 1 at the close of the reapplication process.

 

a)         All new applications for space rental shall be sent to the Division and shall be accompanied by a photograph or drawing of the concession/exhibit.  If the proposed concession/exhibit differs significantly from the photograph or drawing submitted with the application, the Department reserves the right to reconsider the application for space.  Factors that would affect the approval of the application would be physical limitations and restrictions, the general appearance of the structure, possible interference with existing structures, power sources, sewage, and water service.

 

b)         All new applications for space rental will be classified by the Department as to type of concession/exhibit that will be operated.

 

c)         All new applications for space rental will be considered after all reapplications and relocations have been completed pursuant to Section 270.35.

 

d)         Granting the privilege to operate a concession/exhibit shall be based on the following criteria:

 

1)         the Department at all times shall attempt to promote the current theme of the State Fair;

 

2)         the current number of similar concessions/exhibits operating on the grounds;

 

3)         the general appearance of the concession/exhibit, revenue potential to the Department, stand design, structure, sanitation requirements and physical constraints.

 

(Source:  Amended at 39 Ill. Reg. 7241, effective May 8, 2015)

 

Section 270.45  Substitute Locations or Discontinuance of Contracts

 

Alterations in the Fairgrounds or space may make it necessary to eliminate previously available or contracted space from one year to the next. In these cases the Director or a duly authorized representative reserves the right to offer substitute locations or discontinue contracts completely.

 

Section 270.50  Reassignment of Space by Department (Repealed)

 

(Source:  Repealed at 39 Ill. Reg. 7241, effective May 8, 2015)

 

Section 270.55  Number of Stands Permitted

 

Each concession/exhibit location shall be under a separate contract with the Division.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.60  Policy Governing Exhibits/Concessions and Approval to Conduct Business

 

The Department reserves the right to license and regulate all concessionaires/exhibitors on the Fairgrounds.  The business conducted under a space rental contract shall be at all times in accordance with Subparts A through I (as applicable) of this Part, the provisions of the space rental contract and the statutes of the State of Illinois.

 

(Source:  Amended at 19 Ill. Reg. 9400, effective June 29, 1995)

 

Section 270.65  Policy of Permitting Space Without Monetary Charge

 

To promote the dissemination of free information and/or to provide for the free entertainment of fairgoers, the Department may provide space and/or facilities to exhibitors without monetary charge for industrial, cultural, educational, trade and/or scientific exhibits, provided that the exhibits fit into the general theme of the State Fair, space is available, and no direct sales to the public are made on the fairgrounds.  Space shall be afforded without charge to the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, President and Minority Leader of the Senate, and Speaker and Minority Leader of the House of Representatives for the purpose of disseminating information to the public about their respective constitutional office.

 

(Source:  Amended at 10 Ill. Reg. 14282, effective August 20, 1986)

 

Section 270.70  Exercising Constitutional Freedoms

 

The Department recognizes that the State Fair is a proper forum for the free exchange of ideas in a free society.  For any person desiring to distribute information and/or solicit contributions on the fairgrounds in the exercise of constitutional freedoms, the Department shall designate an area or areas in which the proposed activities may be conducted. All activities shall be conducted from within, and not from without, the area or areas as designated by the Director, or a designated representative, for such purpose. All persons requesting such space shall apply for space pursuant to Sections 270.35 and 270.40, except that the revenue generating evaluation criteria of those Sections shall not apply. Privilege granted pursuant to this Section shall be provided at no charge. The provisions of Section 270.115 relative to broadcasting devices shall pertain to all persons exercising their constitutional freedoms.

 

(Source:  Amended at 19 Ill. Reg. 9400, effective June 29, 1995)

 

Section 270.75  Assignment of Contracts

 

State Fair exhibit or concession contracts or any portion thereof shall not be assigned, interest therein hypothecated or otherwise disposed of without the written consent of the Department.  Obligations provided for in said contracts, including payments for space, electric service, or gas, shall remain the obligation of initial lessee, irrespective of approved subleasing or assignment otherwise provided.  It is the Department's policy that contracts shall not be assigned unless death, injury or sickness of the original lessee makes assignment necessary in order to perform the provisions of the lease for that year's fair.  Approved subcontracting does not transfer any rights to reapplication to the subcontractor, and it is the policy of the Department that subcontracting is only valid for the current year's fair.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.80  Inspection of Premises

 

The premises contracted for by the lessee shall at all times be open to any official or designated inspector of the Department, law enforcement officer, or other authorized officials in the performance of their duties.

 

Section 270.85  Removal or Denial of Acceptance

 

a)         The Department reserves the right to deny admittance or to remove from the State Fairgrounds any person, exhibit, animal, concession, or show that:

 

1)         is falsely entered or represented to the Department.

 

2)         is in violation of its exhibitor, concessionaire, space rental, or any other type of contract entered into with the Department for performance at the State Fair.

 

3)         is detrimental to the health, safety, or welfare of the fair-going public.

 

b)         The Department also reserves the right to remove any sign, banner, display or advertising material if such material is in violation of the Department's public policy as stated in Section 3 of the State Fair Act (Ill. Rev. Stat. 1991, ch. 127, par. 1703) [20 ILCS 210/3].

 

c)         In the event that the Director or a duly authorized representative determines that any person, exhibit, animal, concession or show should be removed from or denied acceptance to the State Fairgrounds, that decision shall be effective immediately.

 

d)         Any person or persons objecting to the decision of the Department pursuant to this Section may file a petition according to the Department's administrative procedure (8 Ill. Adm. Code 1.50(b)).  If the Director's response pursuant to 8 Ill. Adm. Code 1.265 is that administrative proceedings should be initiated in regard to the petition, the administrative hearing shall be held within 15 hours from the time the removal notice or denial is given.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.90  Concessions and Exhibits Prohibited

 

No roving concessions or exhibits shall be permitted.  No shows or exhibitions featuring obscenity as defined in Section 11-20 of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, par. 11-20) [720 ILCS 5/11-20] will be permitted.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.95  Liquified Petroleum Gas

 

No liquified petroleum gas installations will be allowed on the State Fairgrounds until the lessee has received approval from the State Fire Marshal (see 41 Ill. Adm. Code 200).   No liquified petroleum gas will be allowed in any State building at any time.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.100  Merchandising Permits

 

Parties desiring merchandising permits to solicit orders for and deliver articles of food, tobacco, soft drinks or other articles of merchandise to restaurants, refreshment stands, exhibits or concessions upon the State Fairgrounds shall purchase permits from the Space Rental office.  Delivery trucks not properly identified with said merchandise permits shall be prohibited from entering the grounds at any time during the period of the State Fair.  All delivery trucks must use only that gate specified for and exclusively for delivery trucks.  The fee for such permits shall be set annually and shall appear in the Schedule of Space Rental Fees which shall be on file in the Department and available upon request.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.105  Measuring Space

 

Outside space will be measured from tie-in to tie-in, overhang to overhang, awning to awning or trailer hitch to bumper. Stands will be measured from lot line to lot line. Storage or service areas occupied by the lessee on either side of the main structure will be considered as part of the main structure in determining rental charge.

 

Section 270.110  Electricity

 

All electric consumption, wiring and installation of electrical apparatus will be at the expense of the lessee and under the supervision of the State Fair Electrical Foreman or his designated representative. Each exhibitor or concessionaire must furnish a suitable fuse box and all wiring within the exhibit or concession. Wiring must be brought to within five feet of the power source. All service shall be properly grounded. All wiring shall meet the approval of the State Fair Electrical Foreman or his designated representative. Since the concessions and exhibits at the State Fair are temporary structures, they are not required to meet the provisions of the Building Code. The State Fair Electrical Foreman or his designated representative shall approve all wiring based upon safety, i.e., no bare wires, sufficient fuses and fuse boxes, etc. A supplementary electrical consumption specification form shall be completed and signed by the exhibitor or concessionaire and approved by the State Fair Electrical Foreman or his designated representative before a hook-up form may be obtained from the Space Rental office and a hook-up made. The Department is not responsible or liable for failure of gas and/or electric service.

 

Section 270.115  Broadcasting Devices

 

No loud speakers, radios, amplifiers or other broadcasting devices can be used on the location described in said contract without the written consent of the Superintendent of the Division or a duly authorized representative endorsed thereon.  Permission to use or continue to use broadcasting devices shall be based upon the Department's determination of whether the use of such device will interfere with the normal and usual conduct of business by adjoining or adjacent concessionaires/exhibitors.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.120  Display of Exhibit or Concession Number

 

Each lessee shall display the concession or exhibit number in a conspicuous place near the front of the stand or place of business.

 

Section 270.125  Protection of the Public and Lessee's Property

 

Lessees shall take precautions (e.g., use of safety equipment, restraining public access), as necessary, when machinery, equipment or working demonstrations are involved so as to avoid injury to any person or the loss or damage to lessee's property.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.130  Distributing Literature or Display Advertising

 

A lessee may distribute literature or display advertising signs within the rented space only. Under no circumstances will any person, firm or organization be permitted to place advertising on State buildings, exterior or interior, fences, trees, or poles within the Fairgrounds.  Notwithstanding anything in this Section, the Department has the right to place corporate sponsor's acknowledgement on buildings, fences, or poles within the fairgrounds.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.135  Payment of Space Rental Contract

 

a)         Inside Concessionaires:  The signed contract (front and back) must be accompanied by payment in full for space and electric, if applicable, no later than July 1.  If a new concessionaire is approved later than July 1, the full payment is due at the time of contract submission.

 

b)         Outside Concessionaires:  The signed contract (front and back) must be accompanied by ⅓ space rental payment due and electrical, if applicable, no later than July 1.  The remaining ⅔ payment is due no later than the Monday of the Illinois State Fair.  These figures and dates are shown on the front side of the contract.  If a new concessionaire is approved later than July 1, ⅓ payment is due at the time of contract submission, with the remaining ⅔ due no later than Monday of the Illinois State Fair.

 

c)         Payment of fees shall be in the form of personal or business checks, cash, money orders, or certified or cashier checks.

 

(Source:  Amended at 39 Ill. Reg. 7241, effective May 8, 2015)

 

Section 270.140  Operational Hours

 

All outdoor concessionaires (vendors and exhibitors) shall be ready in Springfield by 10:00 a.m. and in DuQuoin by 10:00 a.m. on the opening day of the annual State Fair.  Buildings shall be open at 9:00 a.m. and shall close at 9:00 p.m. daily.  If the situation warrants an earlier closing (e.g., electrical failure, natural disaster, adverse weather conditions), it may be allowed but permission to do so must be granted by the State Fair Manager or a duly authorized representative.

 

(Source:  Amended at 39 Ill. Reg. 7241, effective May 8, 2015)

 

Section 270.145  Sales Prior to the State Fair

 

All goods and services sold other than during the published dates of the State Fair shall be subject to non-fair space rental rules (Subparts J and K of this Part).

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.150  Sales During the State Fair

 

For those persons subject to a percentage rental contract, the State of Illinois shall be entitled to a percent of all gross sales during the State Fair. The percentage rate shall be subject to a negotiated written contract between the concessionaire and the Department. The percentage rate in the contract shall be based on the following factors: cost of operation of the concession, profit margin, anticipated gross revenue of the concessionaire, previous experience, selling price, and other factors which could influence the negotiated rate.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.155  Property Shipped to the State Fair

 

All property shall be shipped in the name of the lessee, addressed c/o Illinois State Fair, Illinois State Fairgrounds, Springfield, Illinois 62706, or (if exhibiting at DuQuoin) c/o DuQuoin State Fair, DuQuoin, Illinois 62832, also giving the name of the building and space number. Positively no property will be accepted upon which there are charges of any kind. Shipments scheduled to arrive more than seven (7) days before the opening of the event should be consigned to some storage and/or transfer agency.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.160  Removal of Property

 

Under the terms of the Fair-Time Space Rental contract, it is understood and mutually agreed that all property and/or equipment belonging to the lessee must be removed from the Fairgrounds no later than September 1 following the close of the Fair at Springfield or September 15 at DuQuoin. For any property not so removed, it is lessee's responsibility to have entered into a written space rental contract prior to September 1 or September 15, as the case may be, following the close of the Fair.  For any property remaining and/or equipment remaining on the fairgrounds after September 1 or September 15, as the case may be, following the close of the last Fair and for which no non-fair space rental contract has been executed nor payment of the required fees made, said property and/or equipment shall be considered abandoned and all rights, title and ownership of same shall thereafter pass to and belong to the Illinois Department of Agriculture.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.165  Gambling, Raffles, Prizes, Games of Chance, Intoxicating Beverages

 

a)         No roving gambling, games of chance or skill, raffles, selling tickets or taking donations on a chance to win a prize will be permitted.

 

b)         The lessee will neither use nor permit to be used any games of chance or skill, raffles, selling tickets, taking donations, gambling devices, or intoxicating beverages, unless approved in writing by the Superintendent of the Division.  Such approval shall be granted if the lessee's activities are not prohibited by Article 28 of the Criminal Code of 2012 [720 ILCS 5/Art. 28] and if the lessee agrees to abide by subsection (b) of this Section.  A raffle means when a person purchases a ticket for the purpose of winning a specific item.  A drawing means when a person is entitled to win a specific item without purchasing a ticket for such purpose.

 

c)         The lessee shall abide by the following requirements when permitted to solicit at the State Fair for prizes to be given through drawings:

 

1)         The drawings and solicitation must be approved in advance of the starting of the State Fair by the Superintendent of the Division or a duly authorized representative.  Approval of the drawing time, place and date will be based on the fact that there is no conflict with nor a detrimental effect on other events or exhibits.

 

2)         The prizes shall be on display the entire length of the State Fair.

 

3)         The date and time of the drawing shall be advertised in advance so the participants and other interested persons may witness the drawing.

 

4)         In the event of inquiry by the public, the Department shall require the lessee who held the drawings to furnish to the Space Rental Office, the name, address, and telephone number of the winners.

 

(Source:  Amended at 39 Ill. Reg. 7241, effective May 8, 2015)

 

Section 270.170  Inside Exhibits

 

Inside exhibits shall not exceed 8 feet in height on back wall. Booth side walls or wings from the center of the booth to the aisle shall not exceed 3 feet in height.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.175  Posting Food Prices

 

The lessee shall post in a conspicuous manner inside the stand and at the outside entrance to the place of business, a sign showing the price to be charged for meals, lunches, drinks or other food or articles to be sold under the contract.  All prices shall be posted before a stand opens and during its operating hours.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.180  Clean-Up

 

All dining halls, lunch booths, refreshment pavilions or other stands shall be substantial in structure and neat in appearance (e.g., wood or metal frame, paneled, painted or decorated).  Only paper cups will be used.   The Department shall be responsible for cleaning aisles for pedestrian traffic in all buildings.  A lessee is responsible for keeping the area contracted for in a neat, clean and orderly manner.  The Department shall contract for clean-up services and bill the lessee who fails to perform this service.  The Department shall not issue a release of the lessee's property until all charges are paid.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.185  Public Health

 

A lessee shall be responsible for determining that an employee in a food or drink stand or dining hall does not have or is not suspected of having a communicable disease or does not have sores or skin eruptions which could be detrimental to the public.  A suspect may be requested to submit to a health examination at the first aid station on the State Fairgrounds or provide other medical information to the Department as necessary.

 

(Source:  Amended at 19 Ill. Reg. 9400, effective June 29, 1995)

 

Section 270.190  Food and/or Drink Service Operations

 

Food and/or drink stands and dining halls shall comply with the Illinois Food, Drug and Cosmetic Act (Ill. Rev. Stat. 1991, ch. 56½, pars. 501 et seq.) [410 ILCS 620], the Sanitary Food Preparation Act (Ill. Rev. Stat. 1991, ch. 56½, par. 67 et seq.) [410 ILCS 650], and the rules relating to Food Service Sanitation (77 Ill. Adm. Code 750) as enforced by the Department of Public Health.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.195  Release Procedure

 

All exhibitors/concessionaires shall remain open and in operation until after the start of the last scheduled grandstand event or 6:00 p.m., whichever is later, on the last day of the State Fair.  No release forms will be issued prior to that date and time, unless due to extenuating circumstances (e.g., death, natural disaster, equipment failure, theft of merchandise) earlier removal is permitted in writing by the Superintendent of the Division.  All releases will be issued by the State Fair Electrical Foreman or his designated representative at the time of electrical cut-off.  Proof of payment of space rental fees and final payment of sales tax must be shown at the time release is issued.  Failure to adhere to the requirements as set forth in this rule will be grounds for refusal of future participation in the State Fair.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.200  Security

 

Lessee is responsible for security relating to the event, concession or exhibit contracted for on the State Fairgrounds.  Security guards are to be at lessee's sole expense and are subject to authority of the head of security for the State Fairgrounds.  The requirements of this rule are in addition to the general powers of the Department to secure and police the Fairgrounds, which security the Department maintains on a regular basis without guaranteeing, in any method or manner, the safety and security of lessee, its property or persons.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.205  Liability

 

The Department shall not be responsible or liable for any damage or loss of property or for any personal injury or death of any employee, agent or servant of the lessee during the period that the lessee is located upon the premises of the State Fairgrounds while engaged in the performance of the contract.  The lessee shall agree to provide Workers' Compensation Insurance as required by the Workers' Compensation Act (Ill. Rev. Stat. 1991, ch. 48, par. 138.1 et seq.) [820 ILCS 305].

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.210  Concessionaire's or Exhibitor's Trailers

 

a)         Springfield State Fair:

            A trailer used for storage of supplies or as an office, with a direct relationship to a specific exhibit or concession, will be assigned to a vendor supply vehicle storage area.  All living units will be located in the regular campground at the appropriate fee.  All storage vehicles must be properly identified with a paid supply vehicle sticker.

 

b)         DuQuoin State Fair:

            A trailer used for storage of supplies, as an office, or for camping, with a direct relationship to a specific exhibit or concession, will be allowed to park at the rear of said exhibit or concession only when:

 

1)         it is out of public view;

 

2)         it is located within the limits of leased space as provided for in the contract;

 

3)         it does not infringe upon parking or access areas; and

 

4)         it is properly identified with a paid supply sticker.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.215  Failure to Abide by Rules or Contract Provisions

 

a)         Failure of any person to abide by Subparts A through I (as applicable) of this Part, the provisions of the contract or the laws of the State of Illinois shall be grounds for immediate revocation of the contract and for a prohibition of said person to utilize the State Fairgrounds or participate in activities conducted, in whole or in part, upon the State Fairgrounds.  The Department in accordance with its administrative hearing rules shall notify said person and conduct a hearing before revoking a contract or prohibiting said person from utilizing the State Fairgrounds or participating in activities conducted, in whole or in part, upon the State Fairgrounds.  Any contract revoked due to violation of these rules, the provisions of the contract or the laws of the State of Illinois shall not be subject to reimbursement of the contract payment or of any fees paid thereunder, except in the event of an Act of God or a State or National emergency as declared by the President or Governor of Illinois whereby the State Fair cannot be held.

 

b)         Lessee consents and acknowledges that the Illinois Department of Agriculture maintains a list of persons and/or entities for whom access to and use of the facilities or portion of the facilities comprising the State Fairgrounds is prohibited.  Said list of persons shall be comprised of persons defined in Section 270.215(a) as having violated the rules or contract provisions.  Lessee acknowledges that as part of the contract that it has received a copy of said list of prohibited or suspended persons and will as part of this contract deny access to and participation in any programs which lessee carries out on said State Fairgrounds to all of said prohibited persons and/or entities.  If a person is prohibited, any animal which said person trains, owns, or has exhibited or has any direct or indirect interest in is prohibited from being exhibited in any program on the State Fairgrounds, as well as any equipment which said person or entity has any interest in or owns. Any corporation is prohibited if a person who is prohibited is an officer, director, employee or stockholder of same.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.220  Lessee's General Standard of Conduct

 

Lessee shall refrain from engaging in any fraudulent activity, misrepresentations or illegal activity towards any patron or any officer, agent or employee of the Department, either in a procurement of a contract or in the use of any space or the operation of any concession. Lessee shall not give any false or materially misleading information on any contract application form.

 

Section 270.221  Emergency Closing

 

In emergency circumstances, the State Fair Manager reserves the right to close concessions and limit operations when such actions are deemed necessary for the public health, safety, or welfare.

 

(Source:  Added at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.225  Categories of Horse Racing

 

Horse racing shall be permitted at the State Fair in the following general categories:

 

a)         State Fair Colt Stakes;

 

b)         Review Futurity Stakes;

 

c)         Illinois Trotting and Pacing Colt Stakes;

 

d)         Quarter Horse Races; and

 

e)         World Trotting Derby (DuQuoin).

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.230  State Fair Colt Stakes Races

 

The State Fair Colt Stakes and all races to be run thereunder shall be run in accordance with the Department's rules (8 Ill. Adm. Code 290.110) relating to Section 31 of the Illinois Standardbred and Thoroughbred Breeding and Racing Programs promulgated pursuant to the Illinois Horse Racing Act of 1975 (Ill. Rev. Stat. 1991, ch. 8, par. 37-31) [230 ILCS 5/31].

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.235  Review Futurity Races

 

The Department shall contract each year with the Review Futurity Association for said association's management and supervision of all races in the Review Futurity.  Copies of the contract between the Department and the Review Futurity Association shall be available upon written or oral request from the Division.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.240  Illinois Trotting and Pacing Colt Races

 

The Department shall contract each year with the Illinois Trotting and Pacing Colt Association for the association's management and supervision of all races in the Illinois Trotting and Pacing Colt category.  Copies of the contract between the Department and the Illinois Trotting and Pacing Colt Association shall be available upon written or oral request from the Division.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.245  Quarter Horse Races

 

The Department shall contract each year with the Illinois Quarter Horse Association for the Association's management and supervision of Quarter Horse racing.  Copies of the contract between the Department and the Illinois Quarter Horse Association shall be available upon written or oral request from the Division.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.250  Premiums Offered

 

Premiums shall be offered at the State Fair in the following general categories:

 

a)         Livestock;

 

b)         Society Horse Show;

 

c)         Western Horse Show;

 

d)         Junior Division Show; and

 

e)         General

 

Section 270.255  Premium Books

 

a)         On or before July 1 of each year the Department shall establish and make available a premium book for each of the categories set in Section 270.250 which shall state the following information:

 

1)         Kinds and classes of events or exhibits in each general category;

 

2)         Entry requirements for each event or exhibit;

 

3)         Conditions under which entries shall be received, stalled and cared for, fees and qualification and disqualification requirements; and

 

4)         The amount of premium to be offered in each class.  (The amount of premium offered shall be based on approved appropriations.)

 

b)         When considering the kinds of classes, entry requirements, conditions under which entries shall be received, stalled and cared for, entry fees and qualification and disqualification requirements, the Department shall take into consideration experience of previous Illinois State Fairs and other state fairs, changes in the industry which make it reasonable to adopt new provisions, available facilities, industry recommendations, changes in other classes or events, available appropriations, and any other matter which may affect the event or exhibit.

 

(Source:  Amended at 19 Ill. Reg. 9400, effective June 29, 1995)

 

Section 270.260  Payment of Premiums

 

Premiums shall be paid by check written by the Department directly to the winner or participant in each competitive event or exhibit.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.261  Land of Lincoln Breeders Awards for Purebred or Registered Livestock

 

a)         In accordance with the provisions of Section 11.1 of the State Fair Act, fair management with the advice of the Land of Lincoln Purebred Breeders Association shall set the percentage of the appropriation made for the Land of Lincoln Breeders Awards for Purebred or Registered Livestock for each class or show of livestock and publish these percentages in the Illinois State Fair premium book annually.

 

b)         The Department shall establish and promote contests and exhibitions of various classes of livestock to be known as The "Land of Lincoln Breeders Awards for the Purebred or Registered Livestock." Only animals bred, born and maintained in Illinois and owned and exhibited by Illinois residents shall be eligible to participate in such contests and exhibitions; however, such animals shall be permitted out of this State for a reasonable period of time for showings, exhibitions, breeding or reproductive purposes, or medical treatment (Section 11.1 of the State Fair Act [20 ILCS 210/11.1]). For the purposes of determining compliance with this Section, a reasonable period of time for permitting animals to be out of the State for showings, exhibitions, breeding, reproductive purposes or medical treatment shall be a maximum of 90 days during a fiscal year (July 1 through June 30).

 

(Source:  Amended at 21 Ill. Reg. 5530, effective April 22, 1997)

 

Section 270.265  Professional and Artistic Contracts

 

Judges of exhibits or events, including, without limitation, livestock and agricultural exhibit judges, shall be contracted for by the Department to perform the function of judging entries in exhibit competition.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.270  Judge's Salary

 

Judges of exhibits or events may be contracted on a "flat fee" basis, a "per event" basis or a "per day" basis and their employment renumeration may include reimbursement for expenses and transportation as may be specified in the contract. Judges may be contracted on a "gratis" basis where said judge is a member or affiliate of an association or organization which is sponsoring or participating in the management and supervision of an exhibit or event.

 

Section 270.275  Selection of Judges

 

Judges of exhibits shall be selected by and be subject to approval by the Department. Selection of judges shall be based upon their reputation, experience and expertise in the exhibit category or categories in which they are employed as judges.

 

Section 270.280  Certificates, Ribbons and Trophies

 

Certificates of awards, including but not limited to ribbons and trophies, shall be purchased by the Department through competitive bidding in accordance with the Illinois Purchasing Act (Ill. Rev. Stat. 1991, ch. 127, pars. 132.1 et seq.) [30 ILCS 505] and the rules promulgated under the authority of the Illinois Purchasing Act by the Department of Central Management Services. This rule shall not be deemed to prohibit or limit the right of any association which governs an exhibit or racing area from presenting its own trophies or awards to participants in such exhibits or racing.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.285  Daily Admission Charge

 

Admission to the State Fairgrounds shall be limited to those persons who have purchased an admission pass or ticket, unless exempted by Sections 270.295 or 270.300. Each person gaining admission to the premises of the fairgrounds during the presentation of the State Fair shall pay a daily admission fee. Notwithstanding the foregoing, the Department may issue and make available for purchase season admission tickets covering the duration of each year's State Fair.

 

Section 270.290  Special Events

 

Admission prices may be charged to any event within and on the premises of the State Fairgrounds which is a part of the State Fair program. Admission charges for special events shall be in addition to the gate admission for entry onto the premises of the State Fairgrounds and the amount of the charge shall be set by the Department prior to the performance of such event or events and the price of admission to such event(s) shall be conspicuously posted for the benefit of the public.

 

Section 270.295  Designated Days

 

The Department shall have the discretion to waive or reduce the gate admission charges for entry onto the premises of the State Fairgrounds for any special group or classification of persons who attend the State Fair on specially designated days honoring said group or classification of persons. (Example: The Department may waive or reduce the gate admission charges for senior citizens on Senior Citizen's Day). In accordance with Section 6 of the Act, honorably discharged veterans and members of their families shall be admitted without admission charge upon presentation of the proper identification on Veteran's Day. The Department may reduce or waive the gate admission for children and senior citizens.

 

Section 270.300  Gate Admission Charge Waived

 

The Department shall waive the gate admission charge for employees of the Department and of other governmental agencies, who are engaged in their employment and for other persons deemed to be participating in or promoting the activity and presentation of the State Fair, i.e., State police, inspectors of the Department of Public Health, firemen.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.305  Schedule of Admission Charges and Fees

 

On or before July 1 of each year, the Department shall establish and publish a State Fair Schedule of Fees and Admissions for that year's fair. The Department shall make available upon request the State Fair Schedule of Fees and Admissions and shall make reasonable efforts to inform the public of the fees and admission charges.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.310  Admission of Motor Vehicles

 

Motor vehicles (autos and trucks) may be admitted to the State Fairgrounds provided a vehicle parking permit is purchased.  The charge for vehicle admission shall be as set forth in the State Fair Schedule of Fees and Admissions.  Bicycles shall not be permitted on the State Fairgrounds, except for competition, demonstration or exhibition purposes. It is the policy of the Department that motorcycles shall be permitted on the grounds pursuant to the payment of the proper admission fee and in a specified parking area only. It is the policy of the Department to keep motor vehicles, except in designated parking areas, to an absolute minimum to effectively and efficiently operate the State Fair.  Golf carts shall obtain a permit.

 

(Source:  Amended at 19 Ill. Reg. 9400, effective June 29, 1995)

 

Section 270.315  Employees of Exhibitor/Concessionaire

 

In order to obtain a commercial admission ticket, employees must furnish proof to the Paid Credentials Office, Division of Fairs and Promotions, of their employment by a particular exhibitor or concessionaire.

 

(Source:  Amended at 19 Ill. Reg. 9400, effective June 29, 1995)

 

Section 270.320  Camping Location

 

Overnight camping for campers, trailers, goosenecks or tents shall be allowed in camping area(s) as may be designated from time to time by the Department. Camping is restricted to designated area(s) only unless the camper or trailer can meet the provisions of Section 270.210(b).

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.325  Fee for Camping

 

The fee for overnight camping during the State Fair shall be as established annually and published by the Department by July 1 in the Space Rental Fee Schedule.  In determining the fee, the Department shall take into consideration the fees charged in previous years, the available facilities and their condition, fees charged by county and other state fairs, anticipated profit, the cost of providing such services as electric, water, sewage disposal, restrooms and showers and other pertinent matters.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.330  Camping Sticker

 

Persons wishing to camp overnight must obtain a camping sticker which is issued by the Division upon payment of applicable fees. Camping stickers shall be prominently displayed near the entrance to the living quarters or on the vehicles.

 

(Source:  Amended at 6 Ill. Reg. 8958, effective July 9, 1982)

 

Section 270.335  Removal of Illegally Parked Vehicles

 

Any vehicle parked in an unauthorized parking area, not parked in its designated parking area or not displaying a camping sticker indicating space rental fee has been paid for that day shall be towed to a designated lot on the Fairgrounds where the owner may claim the vehicle upon payment of the towing charge.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.340  Extension Cords

 

No extension cords from barns, stalls and unauthorized poles to the camper or motor home will be allowed.

 

Section 270.345  Traffic Control and Parking; Spraying Livestock Trucks

 

The Department reserves the right to regulate traffic and parking of all motor vehicles within the State Fairgrounds for purposes of insuring the security of the Fairgrounds and on-going uses therein and for purposes of providing for the safety of the property and persons lawfully present on the Fairgrounds.  No automobiles, trucks, trailers, or golfcarts shall be permitted to park in areas marked as loading or unloading zones or in no parking zones.  All livestock trailers and fifthwheels must be parked in the half-mile track or any other area designated for such use.  All trucks transporting livestock must be sprayed on the grounds before leaving the fairgrounds.  At the time of spraying a sticker will be affixed to the livestock trailer.  Golfcarts will not be allowed, except for official vehicles between the hours of 10:00 a.m. and 11:00 p.m.  It is the policy to keep all vehicles, except in designated parking areas, to an absolute minimum.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.350  Pets

 

Pets are not allowed to be in public areas of the fairgrounds during the State Fair, except confined to campground areas as defined by the Division administrator or Division administrator's designee.  Pets used for assistance to disabled persons, authorized competitive exhibits, shows or demonstrations at the State Fair or other approved purposes will be allowed. Violation of this Section will be cause for termination of any contract or privilege and for removal of the pets and owners from the Fairgrounds.

 

(Source:  Amended at 34 Ill. Reg. 8996, effective July 1, 2010)

 

Section 270.355  Structures of Lessee

 

All plans for buildings or structures, whether permanent or temporary, shall be approved by the Department before construction is begun.  Approval to construct a building or structure and the duration that such building or structure may stay on the Fairgrounds shall be stated on the lessee's contract.  The Department shall consider in granting approval to construct a building or structure the overall plans and development of the Fairgrounds, the purpose of the building or structure, costs of utilities and maintenance, and other relevant data.  Provisions governing the building use and charges shall be stated on the lessee's contract.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.360  Restrictions

 

a)         There shall be no cooking or smoking in the horse/cattle barns or other barns and stall areas located on the Fairgrounds.

 

b)         Storing of sawdust, straw, feed or any other material will not be permitted in the aisle of any barn.  Blockage of aisles with tack or carts will not be permitted.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.365  Intoxicating Beverages

 

The Department shall enter into a Space Rental contract with a concessionaire(s) for the rental of space for the sole purpose of selling beer on the State Fairgrounds.  The Department reserves the right to assign the area of concession as previously stated in Sections 270.35 and 270.40.  It is mutually agreed that the concessionaire(s) must comply with the Liquor Control Act of 1934 (Ill. Rev. Stat. 1991, ch. 43, pars. 93.9 et seq.) [235 ILCS 5] concerning the selling of intoxicating beverages. Granting of this privilege is in no way to be construed to restrict or prohibit any distributor of beer from engaging in sales to the concessionaire(s) granted the privilege to sell beer under this rule.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.370  Tickets/Refunds

 

a)         All tickets sold by the Department shall be at the prices published to the public.  The Department may barter or exchange tickets for services, advertising, marketing, promotions, donations or any other contribution for the benefit of the fairs.  A record of the distribution of tickets that are bartered or exchanged and the benefit to the fairs of that barter or exchange shall be maintained by the Department.

 

b)         Grandstand event tickets will be sold with refund provisions.  This policy applies to all paid events in the Grandstand, such as tractor pulls and nightly entertainment.  The Department will not refund on events that are rescheduled or where a raindate is provided.  The Department shall make the determination of when Grandstand events shall be cancelled.  Events may be cancelled because of weather, the facility and performers' failure to perform.  Refunds will be made when the tickets are presented at the designated place for filing for refund.

 

(Source:  Amended at 37 Ill. Reg. 780, effective February 1, 2013)

 

Section 270.371  Leasing Facilities During the State Fair

 

The Department has the right to lease various facilities during the Illinois State Fair.  This lease shall be subject to a negotiated rate and shall be a special agreement.  In evaluating the leasing arrangement, the Department shall consider one or more of the following criteria in determining whether to grant a privilege to a prospective lessee:

 

a)         The availability of the physical plant or plants on the Fairgrounds, taking into consideration the priority of preparation for the actual holding of the State Fair and the priority granted to long term tenants or users of the premises;

 

b)         The physical limitations and availability of space when considered in conjunction with the proposed usage and number of participants, expected visitors or patrons to the event conducted by the lessee;

 

c)         The security of both the physical premises and persons upon the premises of the Fairgrounds;

 

d)         The costs and expenses ultimately incurred by the Department in providing security for any operations of lessee;

 

e)         Reasonably foreseeable problems with security caused by either the nature of the usage or the identity of the proposed lessee or his patrons;

 

f)         A major consideration will be the potential profit to be derived after examination of revenues versus expenses by the Department, including any budgetary constraints on the Department;

 

g)         The welfare of the general community;

 

h)         The public service to the general community offered by the proposed usage;

 

i)          The financial responsibility of the proposed lessee and his/her ability to provide any special requirements that may be necessary to insure the safe, healthy and efficient usage of the premises;

 

j)          The legality of the proposed use of the premises;

 

k)         Prior experience either with a specific lessee or a specific usage to the extent that such prior experience illustrates a failure, refusal or inability of the proposed lessee to comply with the rules of this Part and/or the prior experience with a particular usage to the extent such usage results in violation of the rules of this Part or affects the general good and welfare of the Department;

 

l)          The safety of the public and participants and of any equipment proposed to be used by lessee;

 

m)        The reputation of the proposed lessee in both the local community and/or in the service or trade community in which he/she does business.

 

(Source:  Added at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.375  Non-Fair Availability Dates

 

a)         The State Fairgrounds at Springfield are available for facility rental from September 1 of each year until July 15 of the following year.  These dates are established to insure proper preparedness for the Illinois State Fair and subsequent clean-up of buildings, barns and grounds. The facilities may be rented between July 15 and September 1, at the discretion of the Director based upon the impact on preparation and tear down of the Illinois State Fair.

 

b)         The State Fairgrounds at DuQuoin are available for facility rental from September 10 of each year until August 15 of the following year.  These dates are established to insure proper preparedness for the DuQuoin State Fair and subsequent clean-up of buildings, barns and grounds.  The facilities may be rented between August 15 and September 10, at the discretion of the Director based upon the impact on preparation and tear down of the DuQuoin State Fair.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.380  Application for Space

 

A request for facility rental should be filed in writing (via letter, e-mail or fax) with the Space Rental Office as soon as possible before an event. Final contracts are mailed to the requestor for signatures.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.385  Reassignment

 

Rental agreements may not be assigned by the lessees to a third party without the prior written consent of the Department. It is the Department's policy that rental agreements not be assigned except in the case of death of the original lessee.

 

Section 270.390  Compliance with State Law and Regulations

 

a)         Failure of any person to abide by Subparts J through N (as applicable) of this Part, the provisions of the contract or the laws of the State of Illinois shall be grounds for immediate revocation of the contract and for a prohibition of said person to utilize the State Fairgrounds or participate in activities conducted, in whole or in part, upon the State Fairgrounds.  The Department shall notify said person and conduct an administrative hearing before revoking a contract or prohibiting said person from utilizing the State Fairgrounds or participating in activities conducted, in whole or in part, upon the State Fairgrounds.  Any contract revoked due to violation of these rules, the provisions of the contract or the laws of the State of Illinois shall not be subject to reimbursement of the contract payment or of any fees paid thereunder, except in the event of an Act of God or a State or National emergency as declared by the President or Governor of Illinois whereby the contracted event cannot be held.

 

b)         Lessee consents and acknowledges that the Illinois Department of Agriculture maintains a list of persons and/or entities for whom access to and use of the facilities or portion of the facilities comprising the State Fairgrounds is prohibited.  Said list of persons shall be comprised of persons defined in Section 270.390(a) as having violated the rules or contract provisions.  Lessee acknowledges that as part of the contract that it has received a copy of said list of prohibited or suspended persons and will as part of this contract deny access to and participation in any programs which lessee carries out on said State Fairgrounds to all of said prohibited persons and/or entities.  If a person is prohibited, any animal which said person trains, owns, exhibits, or has any direct or indirect interest in is prohibited from being exhibited in any program on the State Fairgrounds, as well as any equipment which said person or entity has any interest in or owns.  Any corporation is prohibited if a person who is prohibited is an officer, director, employee or stockholder of same.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.395  Removal Rights or Denial of Acceptance

 

a)         The Department reserves the right to deny admittance of or to cause to be removed from the State Fairgrounds, any person, exhibit, animal, concession or show that may be falsely represented or to deny acceptance of or to cause to be removed from the State Fairgrounds any sign, banner, display material or advertising matter if such exhibit/display material or advertising matter is contrary to law, or in violation of the Department's valid interest in providing for the health, safety and/or protection of the public.

 

b)         Pandering shall be prohibited as provided for in Article 11 of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, pars. 11-6 et seq.) [720 ILCS 5/Art. 11]. Any person or persons objecting to the decision of the Department pursuant to this rule shall avail themselves of the Department's administrative procedure for contested cases if they desire to question the decision.  In the event that the Director or his duly authorized representative determines that immediate action as set forth above must be undertaken to protect the public from substantial injury and irreparable harm, a hearing (see Section 270.20(b)) must be scheduled for the benefit of the person against whom the action is taken and a hearing conducted within 15 hours from the time the removal notice or denial is given.

 

(Source:  Amended at 18 Ill. Reg. 9400, effective June 12, 1994)

 

Section 270.400  Assigned Space

 

A lessee must confine the business, and the promotion and advertising of same on the State Fairgrounds to the space assigned him/her. Failure to comply with this Rule will subject lessee to forfeiture of space privileges without reimbursement and to immediate eviction from the premises.

 

Section 270.405  Inspection

 

The premises described in lessee's contract shall at all times be open to any official or designated inspector of the Department pursuant to the provisions of the contract.

 

Section 270.410  Payment

 

a)         Space rental at the State Fairgrounds at Springfield must be paid in full 15 business days before the first day of the event unless the Department approves an alternative payment plan in writing.  Any alternative payment plan shall require the full space rental fee to be paid no later than the first day of the event.  A non-refundable down payment of 30% of the space rental fee or $150, whichever is greater, shall be paid by the lessee at the time of confirmation of the booking. All payments must be made by cash, check, credit card, debit card, cashier's check or money order. When a "percentage contract" is involved, full reconciliation and accounting must be made by the lessee within 30 days following the event. The payment of any fees or charges for the use of the State Fairgrounds or facilities by any department of State Government or other governmental entity shall be waived unless the Director determines usage demonstrates financial hardship to the Department.  Lessee shall be responsible for all electric, equipment, labor and janitorial fees associated with the facility rental.

 

b)         Space rental at the State Fairgrounds at DuQuoin must be paid in full 10 business days before the first day of the event unless the Department approves an alternative payment plan in writing.  Any percentage fees or additional charges must be paid within 10 business days after the event.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.415  Tickets

 

When tickets are used and the Department, per contract, receives a percentage of sales, lessee will furnish all necessary tickets at its own expense, and the tickets and manifest of tickets shall be examined by the Department before any sale.  The lessee shall provide all ticket sellers and ticket takers at its expense.  The lessee will provide to the Department, after the event, a manifest of all tickets sold and unsold in connection with the event.  The manifest must be made no more than 10 calendar days following the conclusion of the event.  After the event, the Department may request all ticket stubs.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.420  Facility Availability

 

The Department will determine the availability of the State Fairgrounds for non-fair events, including move-in and move-out dates.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.425  Parking

 

The Department reserves the right to regulate the parking of all motor vehicles within the State Fairgrounds for purposes of insuring the security of the Fairgrounds and ongoing uses therein and for purposes of providing for safety of the property and persons lawfully present on the Fairgrounds.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.430  Security

 

The lessee is responsible for security relating to the event contracted on the State Fairgrounds.  The lessee will be required to provide security guards as stated in the contract or if notified by the Department in writing prior to the event that security will be required.  Additional security will be required as needed, based upon the nature of the event, the nature of other events going on, the type of property involved and the Department's personnel resources.  The security guards are to be at the lessee's sole expense and are subject to authority of the head of security for the State Fairgrounds.  The requirements of this Section are in addition to the general powers of the Department to secure and police the State Fairgrounds, security for which the Department maintains on a regular basis without guaranteeing, in any method or manner, the safety and security of the lessee, its property or persons.  The lessee is required to notify State Fairgrounds security no less than 3 days prior to the event regarding times that a gate, other than the Main Gate, should be open.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.435  Fire Regulations

 

Fire Department Safety Regulations will be enforced as prescribed in the Illinois Rules and Regulations for Fire Prevention and Safety and as promulgated, from time to time, by the City of Springfield Fire Department.

 

Section 270.440  Tables and Chairs

 

a)         Tables and chairs may be made available for use off of the State Fairgrounds by government entities, at the discretion of the Director based upon the impact on tables and chairs needed for non-fair events, Illinois State Fair, or DuQuoin State Fair.  Additionally, the nature of the usage and wear and tear on the tables and chairs will be taken into account.  The person desiring the use of the chairs and tables is responsible for setting them up, taking them down, and redelivering them in the same condition in which they were found.

 

b)         The number of tables and chairs provided for events held on the State Fairgrounds are specified by facility/building in the Fee Schedule; however, if any additional tables and chairs are needed, charges will be assessed to the persons using them as specified in the Fee Schedule available from the Space Rental Office.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.445  Clean-Up

 

a)         All rental agreements shall contain a provision that the lessee shall contract with an approved clean-up service for clean-up after the event on the State Fairgrounds at Springfield. If the lessee fails to enter a contract for clean-up services, the Department shall contract for the clean-up service and bill the lessee.  The lessee shall contract with a clean-up service, as provided in the list of approved clean-up services. This list shall be available from the Space Rental Office upon request. Contractors shall indicate in writing to the Department that they would like to be on the list as an approved clean-up service.  Failure to perform the services as outlined in the contract will cause a contractor to be removed from the approved list of clean-up services.  A contractor's performance will be reviewed by the Department's Bureau of Business Services and/or Bureau of Buildings and Grounds. Approved clean-up service contractors that do not perform at the Department's standards will be notified in writing of removal of their name from the approved clean-up list.

 

b)         The State Fairgrounds at DuQuoin shall provide clean-up services for lessees and will invoice the lessee accordingly at the conclusion of each event, consistent with prevailing wages.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.450  Alterations

 

No alterations shall be made on the premises without the express prior written approval of the Department.  In the event that prior written permission is granted by the Department, all costs and expenses incurred in connection with said alteration shall be at lessee's sole expense.  The Department will grant approval of minor, non-structural changes to the premises where said changes do not materially alter the usage of the leased area for lessee and subsequent lessees, but no approval will be given where structural changes are contemplated.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.455  Insurance

 

a)         The lessee shall obtain public liability insurance insuring both lessee and the Department in the minimum amounts of $300,000 per person, $500,000 per occurrence and $50,000 property damage.  The insurance shall insure claims arising out of or in conjunction with the lessee's operations and shall also cover any claim arising out of or in connection with the use of any automobiles or trucks operated by lessee or its agents, servants or employees in connection with the lessee's operations.  The Department shall reserve the right to require additional insurance if deemed necessary by the Department's General Counsel or his or her designated representative.  The Department shall require additional insurance coverage at all auto races, tractor pulls, mechanical events, events where alcoholic beverages are served, or events in which crowd size could present a substantial liability to the sponsor of the event.  Lessee shall supply a policy of public liability insurance to the Department 15 business days prior to the event and that policy shall name the Illinois Department of Agriculture and its officers, employees, agents and directors as additionally insured.

 

b)         It is specifically understood and agreed that the Department will not be liable for injuries to lessee and lessee's agents or property.  Neither shall the Department be liable for any damage caused by an Act of God or national or State emergency.  The lessee further agrees to accept all liability for any injury sustained by the public on the area leased by the lessee and further agrees to indemnify the Department from any actions or claims resulting from personal injury or property damage on or near the premises described.

 

c)         It is understood and agreed that any damage done to any property, either real or personal, owned by the Department during the duration of any Agreement, regardless of the cause of the damage, shall be the sole responsibility of the lessee and the lessee shall be responsible to the Department for the full amount of the damage and, upon being supplied with proof of loss, agrees to fully reimburse the Department for the damage within 10 days after receipt of the proof of loss.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.460  Discrimination

 

The lessee agrees that he/she will not discriminate  because of race, creed, color, national origin, religion or sex and further agrees that the contract shall be terminated by the Department if a violation is found.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.465  Camping (Repealed)

 

 

 

(Source:  Repealed at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.470  Concessions

 

a)         At the State Fairgrounds at Springfield, the Department's facility usage application that is completed by the lessee and the Department shall indicate if the lessee is to secure concessions at the event sponsored by the lessee. Any concessionaire selected by the lessee is subject to the express written approval of the Department.  The Department shall not unreasonably withhold approval of any concessionaire, but reserves the right to disapprove a concessionaire on any basis set forth in Section 270.495.  It is understood that, for all events, the Department shall require the concessionaire to enter into a contract with the Department. Lack of a current and valid concession contract will cause any party attempting to operate a concession on the premises to be considered a trespasser.

 

b)         At the State Fairgrounds at DuQuoin, 20% of all concession sales will be collected for events unless determined otherwise by the Director or his/her designee.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.475  Delinquency

 

Persons with delinquent rental balances will be prohibited from any further rentals on the State Fairgrounds.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 28, 1986)

 

Section 270.480  Gambling, Raffles, Prizes, Games of Chance, Intoxicating Beverages

 

a)         The lessee will neither use nor permit to be used any games of chance or skill, raffles, selling tickets, taking donations or gambling devices unless approved by the Department.  Unless specifically prohibited by the Department, requested activities that are not prohibited by Article 28 of the Criminal Code of 1961 [720 ILCS 5/Art. 28] shall be permitted.  However, the lessee agrees to comply with Subpart J of this Part and with subsection (b) of this Section.

 

b)         The lessee shall abide by the following requirements when permitted to solicit on the State Fairgrounds for prizes to be given through drawings:

 

1)         The drawings and solicitation must be approved by the Department or a duly authorized representative and so stated on the contract.  Approval of the drawing time, place and date will be based on the fact that there is no conflict with or detrimental effect on other events or exhibits.

 

2)         The prizes shall be on display for the entire length of the contracted event.

 

3)         The date and time of the drawing shall be advertised in advance so the participants and other interested persons may witness the drawing.

 

4)         When requested by the public, the Department shall request the lessee who held the drawings to furnish to the Space Rental Office the name, address and telephone number of the winners.

 

c)         The facility usage application shall state if any intoxicating beverages are to be present at the event.  No intoxicating beverages shall be dispensed or consumed, unless in accordance with the Liquor Control Act of 1934.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.485  Non-Exclusivity (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 5530, effective April 22, 1997)

 

Section 270.490  Lessee's General Standard of Conduct

 

a)         Lessee shall comply with all rules of Subparts J, K, L, M and N of this Part.

 

b)         Lessee shall refrain from engaging in any fraudulent activity, misrepresentations or illegal activity towards any patron or any officer, agent or employee of the Department, either in the procurement of a contract, in the use of any space or in the operation of any concession.

 

c)         Lessee shall not give any false or materially misleading information on any contract application form.

 

d)         Concessionaires shall maintain a healthy and safe concession by complying with all safety, food and beverage health laws with regard to the operation of any such concession as set forth in Sections 270.435, 270.515 and 270.540.

 

e)         Lessee shall not prevent the exercise of rights and privileges of others granted under a valid contract with the Department.

 

f)         Lessee shall make payment of any expenses or fees due upon demand by the Department.

 

g)         Lessee shall restrict the use of any assigned space to the use designated in the application for space rental and the space rental contract.

 

h)         No exhibitor, concessionaire or other person conducting similar activities shall be allowed on the premises of the State Fairgrounds or shall remain on the premises of the State Fairgrounds without a written contract between a proposed lessee and the Department.

 

i)          Lessee and employees of the lessee shall abide by posted traffic rules.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.495  Criteria for Grant of Privileges

 

The Director, or a duly authorized representative, reserves the right to determine for what purposes and to which individuals, groups, corporations or associations the facilities on the State Fairgrounds shall be rented or the privilege of a contract granted.  In exercising this discretion, the Director shall consider one or more of the following factors in determining whether to grant any privilege or contract to a prospective lessee:

 

a)         The availability of the physical plant or plants on the State Fairgrounds, taking into consideration the priority of preparation for the actual holding of the State Fair and the priority granted to long term tenants or users of the premises;

 

b)         The physical limitations and availability of space when considered in conjunction with the proposed usage and number of participants, expected visitors or patrons to the event conducted by the lessee;

 

c)         The security of both the physical premises and persons upon the premises of the State Fairgrounds;

 

d)         The costs and expenses to the Department in hosting the event, including providing security for any operations of lessee;

 

e)         Reasonably foreseeable problems with security caused by either the nature of the usage or the identity of the proposed lessee or his/her patrons;

 

f)         A major consideration will be the potential profit to be derived after examination of revenues versus expenses by the Department, including any budgetary constraints on the Department;

 

g)         The welfare of the general community;

 

h)         The public service to the general community offered by the proposed usage.

 

i)          The financial responsibility of the proposed lessee and his/her ability to provide any special requirements that may be necessary to insure the safe, healthy and efficient usage of the premises;

 

j)          The legality of the proposed use of the premises;

 

k)         Prior experience either with a specific lessee or a specific usage to the extent that prior experience illustrates a failure, refusal or inability of the proposed lessee to comply with this Part and/or the prior experience with a particular usage to the extent the usage results in violation of this Part or affects the general good and welfare of the Department;

 

l)          The safety of the public and participants and of any equipment proposed to be used by lessee;

 

m)        The reputation of the proposed lessee in the local community and/or in the service or trade community in which he/she does business.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.500  Waiver of Applicable Rules (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.505  Rate Schedules

 

a)         For the State Fairgrounds at Springfield, all charges for the Non-Fair usage of the Grandstand, the Grandstand In-field, Multi-Purpose Arena, all areas including and adjacent to the one mile track and half mile track, the Coliseum and all other outdoor and non-building areas shall be subject to negotiation as to the fee for that area's use, and for other fees or expenses directly related to the use.  In negotiating a contract for use of the foregoing areas, the Department shall consider, in its negotiations, the same factors that have been set forth in Section 270.495.

 

b)         All contracted events that utilize members of trades staff shall be subject to current prevailing wage and prevailing overtime or weekend hourly rate at union scale.

 

c)         All contracts for the use of any building shall be subject to a charge for over-time electrician charges, which sum shall be equal to the current and prevailing over-time or weekend hourly rate for electricians at union scale if those services are used.

 

d)         The remaining buildings on the premises of the State Fairgrounds that may be rented shall be subject to the fee schedule for a daily fee rate as specified in the Space Rental Fee Schedule.

 

e)         The Department may submit a bid to host Non-Fair events on the State Fairgrounds, at the discretion of the Director based upon the availability of the State Fairgrounds and fiscal impact to the Department.

 

f)         All rentals of any buildings that may be rented or used, including all contracts for areas that are subject to negotiated contracts, shall be subject to Section 270.445.

 

g)         All camping fees shall be as established in the Space Rental Fee Schedule.

 

h)         All barn, stall and tack room rates and individual rentals shall be as established in the Space Rental Fee Schedule.

 

i)          Any and all use of the premises not covered under this Subpart shall be subject to a negotiated written contract, which contract shall be subject to such terms and conditions as the Director or a duly authorized representative may direct.

 

j)          For the State Fairgrounds at DuQuoin, the following permanent areas have established rates for rentals:  Exhibition Building, Grandstand and Stage, Grandstand and Track, Southern Illinois Center, First Heat, Second Heat, Covered Barns, Show Arena, Show Horse Barn, Race Horse Barns, Pavilion Rentals, Bridge, Ashgrove Pavilion, SIU Dome, Labor Pavilion and Corral Pavilion.  Additional fees for the half mile track area, parking lots or any other areas not defined or covered below are subject to negotiation for fees relating to that area by the Director or his/her designee.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.510  Limit on Duration of Contract

 

Date requests for future events will be accepted on a first-come, first-served basis, except priority for event dates shall be given to events held in previous calendar year (provided all contractual obligations were successfully fulfilled).  No concession or exhibitor contract will be entered into in excess of one year from the date of the proposed usage.  The Department reserves the right to enter into multiple year special agreements pursuant to a negotiated rate for concessions or exhibits.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.515  Liquefied Petroleum Gas

 

No liquefied petroleum gas installations will be allowed on the State Fairgrounds until the lessee has received approval from the State Fire Marshal (see 41 Ill. Adm. Code 200).  This approval, in writing, must be placed on file in the Space Rental Office before the business will be allowed to open.  No liquefied petroleum gas will be allowed in any State building at any time.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.520  Renter Rights (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.525  Contract

 

All concessions must have a current and valid contract with the Department.  Concessionaires must have current and valid contracts with sub lessees. Any concession or concessionaire without a contract will be removed from the grounds, and any lessee shall maintain a copy of its written contract at all times as evidence of authority to use the facilities.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.530  Interests of the Public

 

The Department reserves the right to cancel any contract at any time, when in the opinion of the Department, further maintenance of the privilege therein granted is in contravention of any one or more of the standards set forth in Sections 270.490 and 270.495 of these regulations, and thus not in the best interests of the public and the Department.

 

Section 270.535  Liability

 

The Department shall not be responsible or liable for any loss of property or any damage or injury, whether personal injury, death or property damage done to any employees, agents or servants of the lessee during the period that the lessee is located upon the premises of the State Fairgrounds while engaged in the performance of the contract and lessee agrees to provide Workmen's Compensation Insurance as is required pursuant to the laws of the State of Illinois. Lessee agrees to defend at all times, indemnify, protect, save and hold harmless the Department against any claims or demands arising or resulting from the use by lessee of the space provided by the Department including without limitation the claim of any other person for damages for bodily injury, sickness, mental anguish or death and claims for damages to the property of any such employee, agent, patron or person.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.540  Health Laws

 

All food and/or drink stands and concessions must be operated in compliance with the Illinois Food, Drug and Cosmetic Act  [410 ILCS 620], the Sanitary Food Preparation Act  [410 ILCS 650], and the rules relating to Food Service Sanitation (77 Ill. Adm. Code 750) enforced by the Illinois Department of Public Health.  If a concession is closed by the Department of Public Health, the  Department of Agriculture will not refund space concession fees.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.545  Rates

 

All contracts for the sale of food, drink or other concession items, as well as all horse tack concession contracts, shall be a negotiated contract with the Director or a duly authorized representative of the Department. In the negotiations of said contract, the Department shall consider the criteria set forth in Section 270.495.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.550  Inspection

 

All concessionaires agree that the Director or a duly authorized representative of the Director has the right to examine cash receipts during and immediately after the operation of the concession.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.555  Payment Due

 

Payment of the concession fee is due no later than 10 business days prior to the event. If the contracted event is responsible for the concession fee, the fee is due to the Department within 20 days after the invoice date.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.560  Who May Camp

 

a)         Camping is permitted at any time, other than during an event that has leased the entire fairgrounds, on the State Fairgrounds at DuQuoin. When camping is permitted, pets are permitted only in campground areas on the State Fairgrounds at DuQuoin designated by the Division administrator or his or her designee.

 

b)         Any property remaining in the camping area on the State Fairgrounds after a 5 day written notice by the Department demanding removal of a person and/or property shall constitute an abandonment, and give the Department the right of assignment and sale of all personal property to the Illinois Department of Agriculture without any additional consideration.

 

c)         The Department shall operate a campground on the State Fairgrounds at Springfield throughout the calendar year with limited availability from November-March.

 

d)         The campground at the State Fairgrounds at Springfield is open to the public; however, anyone participating or attending a Non-Fair event has first rights to the campground.  The Department reserves the right to close the campground at the State Fairgrounds at Springfield for special events.

 

e)         The Department has the right to implement a reservation system for Non-Fair events.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.565  Location

 

Overnight camping is allowed in camping areas as may be designated from time to time by the Department. Camping is restricted to designated areas only.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.570  Fee

 

The fee for overnight camping shall be as established in the Space Rental Fee Schedule and payable to the Illinois Department of Agriculture in advance.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.575  Camping Facilities

 

Water and sewer connections are available April 1-October 31. Electrical connections are available year round.  Restrooms and shower facilities are also available in the camping areas.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.580  Permit

 

Persons wishing to camp overnight must obtain a camping permit that is issued upon payment of applicable fees. Camping permits shall be prominently displayed near the entrance to the living quarters or on the vehicles.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.585  Penalty

 

Any vehicle not in the proper location or not displaying a camping permit will be towed from the State Fairgrounds at the owner's expense.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.590  Extension Cords

 

No extension cords from barns, stalls and unauthorized poles to the camper will be allowed. Violators will be removed from the grounds.

 

Section 270.595  Eligibility

 

a)         Eligibility to keep campers (motor homes, fifth wheels, trailers) on the State Fairgrounds shall be determined by the Director or a duly authorized representative on the basis of availability of allocated space for campers, proposed location of campers, security provided by persons being present with their property, and the quantity of horses being kept on the State Fairgrounds premises. Eligibility will only be granted to individuals training or racing standardbred horses on the State Fairgrounds at Springfield.  Eligibility will only be granted to individuals training or racing thoroughbred or standardbred horses, quarter horses, or lead ponies on the State Fairgrounds at DuQuoin.

 

b)         Exact location of campers will be determined by the Department and may be changed if the present location interferes with the long range use or Capital Development Plan for the State Fairgrounds, preparation therefor, or activities of other lessees. 

 

c)         Design and materials of skirting, fences, cabanas, porches, awnings, and car ports, either temporary or permanent, must be approved by the Department before installation or construction.  The Department shall approve changes that are consistent with the long range operational and building use programs for the State Fairgrounds and the Department's duty to maintain the State Fairgrounds and preserve order.  It is agreed that each occupant is required to keep his/her lot in a clean, neat, orderly condition at all times.  All refuse, rubbish or garbage must be placed in sealed containers.  No litter will be permitted.  No activities that impose upon neighboring tenants will be tolerated.  After 2 written notices regarding violation of this subsection, the tenant shall remove the trailer from the State Fairgrounds.

 

d)         All persons desiring to maintain a camper on the State Fairgrounds shall be required to enter into a Backstretch Camping Agreement with the Department prior to arriving on the Illinois State Fairgrounds.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.600  Misconduct

 

Any misconduct on the leased site will result in the lessee's expulsion from the State Fairgrounds and will void any space rental agreement.  Misconduct shall be deemed to mean failure to comply with or violation of any of the provisions of Section 270.490.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.605  Liability

 

a)         The Department is not responsible for any accidents, loss, or damage to property, occupants, visitors or guests that might occur during the stay at the assigned campsite on the State Fairgrounds.

 

b)         If there is any damage done to any State property as a result of any act or neglect by any person at the assigned campsite, the repair of all damage is the responsibility of the lessee without any expense to the Department.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.610  Rent and Rates for Other Services

 

The space rental and use fees for camping in the backstretch on the State Fairgrounds shall be $150 per month plus metered electric service payable to the Department.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.615  Payment Method

 

Payment by the lessee of the space rental and electricity charges for a camper is to be made within 30 calendar days after the invoice date on the State Fairgrounds at Springfield and within 10 calendar days after the invoice date on the State Fairgrounds at DuQuoin.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.620  Horse Stabling Space Rental and Rates

 

a)         Space for stabling horses may be rented at the backstretch in the State Fairgrounds at Springfield, excluding the month of August.  This exclusion applies regardless of provisions to the contrary in Section 270.370.

 

b)         The space rental and use fees for hours stabled in the backstretch on the State Fairgrounds shall be $35 per month plus metered electric service and the contracted amount for manure removal payable to the Department.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.625  Rent Payable

 

a)         Contract payments are payable to the Space Rental Office within 30 calendar days after the invoice date.

 

b)         Any additions to the number of rented stalls or tack rooms during the period of any agreement will be charged as set forth in Section 270.620.  Payment for additional stalls and tack rooms will be made within 30 calendar days after the invoice date for stall rentals and utilities.

 

c)         The Department is not obligated to accept payment for additional stalls and tack rooms, and may refuse to renew the lease at the end of any month in accordance with Section 270.495.  Lack of a lease is grounds for removal from assigned space and from the State Fairgrounds at Springfield in conformance with Article IX of the Code of Civil Procedure (Forcible Entry and Detainer) [735 ILCS 5/Art. IX], or other applicable laws of the State of Illinois.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.630  General Stabling Rules (Non-Contractual Events)

 

No stall rentals shall be made for pleasure or show horses on the State Fairgrounds at DuQuoin. The provisions of this subsection shall not apply to standardbred, thoroughbred or racing quarter horses and lead ponies for which individual stall rentals shall be available. Pleasure or show horses shall mean all other horses not falling within the definition of standardbred, thoroughbred or racing quarter horses and lead ponies. General horse stabling locations will be determined by the Director.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.635  Reporting

 

Upon arrival, prospective lessee must report to the Space Rental Office for signing a contract and then will be directed to a Department representative who will assign them to a stall.

 

Section 270.640  Lessee Collection of Fees (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.645  Stall Use

 

Stalls are rented for the purpose of housing horses. Stalls used for other purposes (e.g., feed) will be subject to the same rates charged for stalls used as tack rooms as established in Section 270.620.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.650  Restriction to Assigned Space

 

The movement of animals and/or tack from one stall to another is prohibited.  Violation of this restriction is grounds for removal of lessee from the premises by the Department.

 

(Source:  Amended at 8 Ill. Reg. 6103, effective April 25, 1984)

 

Section 270.655  Trailer Storage

 

Horse trailers will be stored in an area designated by the Department.

 

Section 270.660  Inspection

 

Barns must be OPEN for inspection at all times and the Department reserves the right to terminate the contract of any lessee who does not clean his stalls and aisle-ways. One written warning will be given by the Department for untidy stalls and aisle-ways. The second offense will mean termination of the contract and removal from the State Fairgrounds.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.665  Restrictions

 

a)         All sleeping, cooking, smoking or residing in the horse/cattle barns and stall areas located on the State Fairgrounds is prohibited.  This policy will apply to horse owners, trainers, grooms, assistants, friends, relatives and strangers.  Failure to comply with this Section is grounds for immediate removal from the State Fairgrounds.  The only quarters acceptable for housing will be those campers that are located in an area designated for campers or camping and for which the lessees are current with the payment of their Backstretch Camping Agreement.

 

b)         Storing of sawdust, straw, feed or any other material will not be permitted in the aisle of any barn.  Blockage of aisles with tack or carts will not be permitted.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.670  Quarantine Provisions

 

Once it has become known to the Department that any equine present on the State Fairgrounds are infected or suspected of being infected with any contagious or infectious disease or contaminated with any chemical or radiological substance, the Department shall have the authority to quarantine and cause proper examination to be made of the suspected equine.  All infected or suspected equine shall be isolated in the Quarantine Barn designated by the Department.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.675  Dogs

 

Dogs must be kept on a leash at all times.  Dogs on a leash must be tied in such a manner to allow safe clearance for passersby in all center aisles. Unleashed dogs are not allowed on the State Fairgrounds.  Any repeated violation of this rule by the lessee or anyone in his charge will be cause for termination of any contract.

 

(Source:  Amended at 10 Ill. Reg. 20468, effective November 26, 1986)

 

Section 270.680  General Misconduct

 

Any misconduct on the part of the owner, trainer, groom or guest in violation of these rules or any provision contained in Section 270.490 of these rules will result in the removal from the Fairgrounds of such person and property.

 

Section 270.685  Track Usage

 

The use of the tracks is not a guaranteed condition of the Backstretch Barn and Stall Rental Agreement or any other contract. The Department reserves the right to close the track at certain times throughout the year.  The Department will make every effort to keep all facilities in usable condition. Only horses in the backstretch area will be permitted to use the mile track or the cinder half mile track. Riding or leading horses on streets, except in route to a practice area, is prohibited. Only authorized vehicles shall be permitted on the track. Vehicles operated by non-Department personnel must obtain permission from the Department, or a duly authorized Department representative, to operate a vehicle on the track. Unauthorized vehicles on the track will be cause for cancellation of a contract or lease.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)

 

Section 270.690  Restrictions on Barn Use

 

a)         All horses stabled on the State Fairgrounds at Springfield shall be removed by July 1 preceding that year's Illinois State Fair.  The removal of horses shall take place in order to use rodenticides and pesticides and to make repairs in preparation for that year's Illinois State Fair.  One week's notice will be given to vacate the barns for Illinois State Fair preparation purposes.  Also, the Department may close any barn at any time and resettle lessees in similar facilities at the Department's discretion when barn closure is required for maintenance or when the barns are required for special contractual events or uses.

 

b)         All horses stabled on the State Fairgrounds at DuQuoin may be moved to another area or removed from the fairgrounds prior the DuQuoin State Fair as determined by the Director or his or her designee.

 

(Source:  Amended at 35 Ill. Reg. 19143, effective December 1, 2011)