COM 0536.002 2010-2012 - Laserfiche WebLink

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business improvement district and, upon expiration of any then-effective permit, the permit holder shall immediately and permanently remove the dispenser from the sidewalk or County property. SECTION 5. Chapter 35 of the Hawai`i County Code, 1983 (2005 Edition, as amended), is amended by adding a new article to read as follows: "Article 8. Publication Dispensing Devices. Section 35-59. Applicability. The provisions of this article shall apply to publication dispensing devices, publication dispensing rack enclosures and publication dispensing rack spaces located upon sidewalks and other public property within a business improvement district for which the district association has been issued a permit pursuant to chapter 22 of this Code. Section 35-60. Definitions. As used in this article, unless another meaning is clear from the context, the following terms shall have the following meaning: "Authorized association" means a district association, as defined in section 35-1, that has been issued a district-wide permit pursuant to chapter 22, article 3, division 3 of this Code for the installation of publication dispensing racks. "Authorized association-installed," "authorized association shall install," "installed by the authorized association," or words of similar import mean installation, undertaken by or caused to be undertaken, by an authorized association. "Director" means the director of the department of public works.. "District" means the business improvement district governed by a certain authorized association. "Insert," when used as a noun, means a publication dispensing rack insert. "Install" includes construct, erect, fabricate and affix. "Location" means a site designated by the director for placement of association-installed publication dispensing rack enclosures. "Permit" means a publication dispensing rack space allocation or reallocation invoice issued pursuant to this article. "Permit period" means the period for which spaces are allocated under section 35-63(c). "Permittee" means a person, organization, corporation, firm, association or similar entity to whom or to which a publication dispensing rack permit has been issued pursuant to this article. "Publication" means any written or printed matter, including but not limited to, daily publications, real estate publications or periodical newspapers, and any visitor information publications, but may exclude any "handbill" defined in rules adopted by the authorized association pursuant to section 35-71 if such rules provide that handbills, as so defined, shall be excluded. "Publication dispensing device" means any stand, box, rack or other device, other than a publication dispensing rack enclosure or a publication dispensing rack insert, used to dispense any publication. For purposes of this definition, a person shall not be deemed a device. 5