California § 5080.22. 5080.22. (Added by Stats. 2016, Ch. 413, Sec. 5.)

California Statutes

§ 5080.22. — 5080.22. (Added by Stats. 2016, Ch. 413, Sec. 5.)

California § 5080.22.

JurisdictionCalifornia

Code PRCPublic Resources Code - PRC

Div. 5.DIVISION 5. PARKS AND MONUMENTS

Ch. 1.2.CHAPTER 1.2. Operation and Management of State Park System Properties

Art. 1.ARTICLE 1. Concessions

This text of California § 5080.22. (5080.22. (Added by Stats. 2016, Ch. 413, Sec. 5.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Public Resources Code - PRC Code § 5080.22. (2026).

Text

(a)

(1)A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest.

(2)This subdivision does not constitute a change in, but is declaratory of, existing law.

(b)To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05, 5080.16, or 5080.23 if either of the following applies:

(1)The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a).

(2)A court has dete

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(a)
(1)
A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest.
(2)
This subdivision does not constitute a change in, but is declaratory of, existing law.
(b)
To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05,
5080.16, or 5080.23 if either of the following applies:
(1)
The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a).
(2)
A court has determined that the bidder has made a legal claim or assertion to have a trademark or service mark interest in the name or names associated with a state or federal park venue, or its historical, cultural, or recreational resources, without reasonable cause and in bad faith.
(c)
The department shall adopt regulations to provide a bidder who is
denied a contract award based on subdivision (b) with written notice of that denial and an opportunity to rebut the basis for the contract denial at a formal hearing.
(d)
Commencing January 1, 2017, a provision of a contract or other agreement entered into pursuant to Section 5080.05, 5080.16, or 5080.23 that violates subdivision (a) shall be void and unenforceable.
(e)
This section shall not be construed to impact a contracting party’s valid trademark or service mark rights that were held before the concession contract was awarded.