Monterey Instructors teaching from personal boats - Heads up

[Jon Nellis]

The Monterey Harbor Master has recently acquired the ability to directly write citations to anyone teaching from their personal boats and launching from Breakwater as it violates Monterey city code 17.70-71 which is one of three city codes that prohibits the commercial use of public spaces. (technically anyone teaching scuba from the beach or a boat in Monterey needs a business license, but no one is enforcing that ...yet).

They have been giving warnings for the last three years and it appears they are now going to start fining those they suspect. PM me if you want more info.

... and no, I'm not throwing this out there to drum up business, I like my trip schedule just the way it is.

 

[Thunder Bay Minnow]

In Michigan we have the same type of thing when using State Department of Natural Resources parks and launch sites. We have a lot of fishing and dive charters that trailer their vessels and meet their customers at these locations and the rules say that no commercial activity is allowed.

Here are two things that have worked for us:

#1 Don't hang a shingle! Don't stick your business cards or flyers around the Facilities. (You may think your charter name the full length of the boat is good advertising but sometimes it may draw the wrong attention. )

#2 Money is not exchanged at the launch site!

If the officials don't see obvious evidence of a commercial operation they won't bother you.

Michigan law is so strict that a bunch of buddies can not even chip in on the gas to run the boat after a day on the water. The exchange of $$$$$ turns it into a commercial activities.

Most customers understand and will just leave an envelope.

 

[IanK]

Jon: Hope to get out there again one of these days on your boat. Now I am high and dry with a skin treatment (for keratoses using cream) that is going to keep me out of water ( and the sun) until March. One of these days ....

 

[dhammer]

They have been giving warnings for the last three years and it appears they are now going to start fining those they suspect.

I guess they're hurting for the extra revenue.

 

[Jim Ernst]

Jon.

I am a bit confused....
How does that affect us Instructors teaching for Dolphin?

As an Instructor , does that mean I can't teach scuba through Dolphin without A Business license?

 

[Jon Nellis]

Jim,

I don't know if Dolphin has a Monterey business license that covers their instructors or if they consider you guys to be contractors and leave up to you to get your own license. IF the dive shop has a MONTEREY business license and you only teach through the shop, then you would be covered. If the dive shop considers you to be a contractor, it's all on you.

No one is checking licenses for the instructors teaching from the beach or on permitted charter boats right now anyway, it's just the instructors teaching from their personal boats that the harbor master is focusing on (the beach belongs to the Parks department.) If they see/hear instruction going on from a group diving off a boat that is launching out of breakwater, they are going to assume that is the case and leave it up to whoever gets the fine to appeal it. If they see money change hands or waivers being signed, those are just more nails in the coffin. I think the first fine is $250.

The city is raising fees all over. Our permit for loading passengers went up last year and parking just went up last weekend.


Ian, Hope you get better soon, the vis has been great lately and you're missing out.

Jon

 

[Jim Lapenta]

Once again California leads the way to new taxes and isn't that just what a fine is for not having a business license, another tax? Still I had a blast diving Monterey.

 

[rstofer]

I'm surprised that teaching diving from a personal boat isn't considered 'for hire' and thus require a 6 pack license. This isn't specifically a Calif requirement, the Coast Guard get involved with this as well. Business licenses are a separate issue.

Richard

 

[Deco Dan]

Jon,
Which charter boat do you have in Monterey?

 

[Chuck Tribolet]

Jon runs "Double Down"