Typically scale dependency is set in the mxd that the map service is based on, but it sounds like you're looking to do something a little different. Rather than having the data off at small scales and then turn on at large scales, you want to let the user turn it off or on at small scales, but force it to always be visible at large scales? I don't know of any way to do that without custom code. It sounds like you don't want the data to be scale dependent (available to turn on or off at some scales, and unavailable at other scales), but you want to turn certain layers on (no matter what) at certain scales. Am I understanding your problem correctly? If not, there may well be a couple of viable solutions.