BIL 171 Draft 02 2010-2012 - Laserfiche WebLink

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SECTION 3. Chapter 22, article 3, division 3, section 22-3.5 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 22-3.5. Publication dispenser permits; application. (a) The publisher, editor, distributor or seller of any newspaper or any other publication may apply for a publication dispenser permit. Permit applications shall be submitted upon a form designated by the director and shall include, at a minimum, the following information and attachments: (1) General applicant information, i.e. name, address, phone number. (2) A description and map of the location of the publication dispenser. (3) The duration of time for which the permit is requested. (4) The height of the publication dispenser. (5) The width of the sidewalk that the dispenser will occupy and the clear space that will remain on the sidewalk after the dispenser is in place. (6) Written statements of consent from every property owner and lessee directly fronting the proposed dispenser site. (7) An agreement, to be approved by the corporation counsel, [by-which] wherein the applicant agrees to [indemnifies] indemnify, [defends] defend and [holds] hold harmless the County of Hawai`i its officers and agents [thereof,] from all claims, demands, suits, actions, or proceedings of every name, character, and description [which] that may be brought against the County of Hawai`i for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of the permit for actions done under the permit. (8) A certificate of insurance and proof of a public liability insurance policy approved by corporation counsel naming as an additional insured, the County, its officers, representatives, employees, and agents and covering any claim or liability for damages, injuries or death resulting from any of the uses permitted hereunder. The minimum amount of coverage under such policy shall be $1,000,000 per occurrence. The policy and coverage shall be kept in force until the publication dispenser is removed from the County street. (b) Any district association of a business improvement district may apply for an exclusive, district-wide publication dispensing rack permit. Permit applications shall be submitted upon a form approved by the director and shall include, at a minimum, the following information and attachments: (1) The name of the business improvement district and the district association, copies of its respective formation documents, and a certificate of good standing of the district association. (2) A map showing the proposed locations of the publication dispensing racks. (3) An illustration showing the proposed design and maximum dimensions of the publication dispensing racks and a description of the standards for the size, design, color and material of publication dispensing rack inserts that publication distributors may place within the publication dispensing racks. 3