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In all other respects, the exempted commercial activity shall comply with the applicable <br /> requirements of section 22-3.9 as if a special activity permit had been granted therefor. <br /> Section 22-3.4.2. Special activity permit; posting required. <br /> Any person conducting commercial activity permitted by a special activity permit who fails <br /> to keep the permit conspicuously posted and available for inspection by the chief of police or the <br /> director at the location and for the duration of said activity shall be subject to a fine of$250 and <br /> to any other penalties as may be prescribed in this chapter or in the conditions of the permit." <br /> SECTION 6. Chapter 22, article 3, division 3, section 22-3.6, of the Hawai`i County <br /> Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as <br /> follows: <br /> "(a) The director may issue a publication dispenser permit pursuant to section 22-3.5(a) for a <br /> period not to exceed one year if all of the following criteria are met: <br /> (1) The publication dispenser does not exceed four feet in height. <br /> (2) The publication dispenser does not occupy more than one-fifth of the width of the <br /> sidewalk and will leave a clear width of at least [three] four feet. <br /> (3) Written statements of consent are received from every property owner and lessee <br /> directly fronting the proposed dispenser site. <br /> (4) The applicant has executed an agreement to indemnify, defend and hold harmless the <br /> County as provided above, to the satisfaction of the corporation counsel. <br /> (5) The applicant has submitted a certificate of insurance and proof of a public liability <br /> insurance policy as provided above, to the satisfaction of the finance director and the <br /> corporation counsel. <br /> (6) The publication dispenser will not impede or endanger the public's use, including <br /> persons with disabilities, of the sidewalk area or interfere with vehicular sight distance <br /> at any intersection or driveway." <br /> SECTION 7. Chapter 22, article 3, division 4, section 22-3.8, of the Hawai`i County <br /> Code 1983 (2016 Edition, as amended), is amended to read as follows: <br /> "Section 22-3.8. Sidewalk use permit; criteria for granting. <br /> Unless otherwise prohibited,the director may issue a sidewalk use permit for a period not <br /> to exceed one year if all of the following criteria are met: <br /> (1) The items do not exceed four feet in height. <br /> (2) The use or item will leave a clear width of at least [three] four feet of sidewalk. <br /> (3) The applicant has submitted evidence that demonstrates that the use is for <br /> noncommercial purposes and will promote public welfare. <br /> (4) Written statements of consent from every property owner and lessee directly fronting <br /> the proposed site. <br /> (5) The applicant has executed an agreement to indemnify, defend and hold harmless the <br /> County as provided above, to the satisfaction of the corporation counsel. <br /> 4 <br />