Hey KrisB - I do not have to read the proposed rule changes when the EXISTING ONES say what is considered payment.
I keep saying both proposed and current ones because of the current upheaval of the situation. My point is that neither the potential new ones nor the current ones restrict what I'm doing.
Since you want to keep with the current rules, I'm going to show you what we're working from:
"Commercial ocean recreational activity" means ocean recreational activity conducted by a business for a patron in or on a County beach park or other County property.
"Patron" means any person who contracts to participate in ocean recreational activity.
from
Article X. Commercial Ocean Recreational Activity*
We can argue about whether I'm operating a business, but it's of little regard -- the county has redefined that term so loosely that pretty much every individual is a business. The point of specific interest is that individuals I take diving are not "patrons" by this definition, since
there is no contract because there is no consideration.
Exchange of consideration happens when the exchange of a product or service (or currency) is agreed upon as a term of the contract.
Since I do not *require* any sort of payment (i.e. not a term of contract), there is no consideration, therefore no contract.
You're right -- accepting gratuities is receiving payment -- but that's not the point of argument. The point is that the gratuities are not required nor expected, nor is there ever an amount agreed upon to make this a contractual element, therefore, by the standards placed by the county, I'm not conducting this commercially.
I do not visit the Scuba Board often because of your bashing good hard working folks and your I am right you are wrong attitude. People like you will never change and this board is about diving, sharing experiences. If you had a bad time with an operator, move on! We all have our favorites, but you seem to be an authority on everything. There is so many negatives coming from you that maybe you are in the wrong profession. I have know the people at B&B for a long time and agree with Al that you should have been thrown out. ( there was 2 people on the boat wearing Maui Dreams covers and were repeats on B&B, no problems).
Dude... Whatever. The bottom line is you haven't had any in-person interaction with me, so you have no idea how I carry myself ITRW.
It's funny how you seem to think that my opinion (positive or negative) is less valuable than that of anybody else's. Whether you like it or not, or you think it looks more like a statement of fact than opinion changes nothing.
The point I'm trying to make apparent is that they aren't the saints that so many of you make them out to be, and there are at least a few operators much closer to sainthood than them.
Regardless, the post that triggered this was actually the start of my attempt to reduce the bashing, but y'all chose to question the credibility of that and past comments which is why this all came up again.
