BIL 171 Draft 02 2010-2012 - Laserfiche WebLink

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chapter 35 of this Code. Lcj A permit granted pursuant to this chapter may be revoked by the director if the location and condition of the dispenser or dispensing rack of the permit recipient falls out of compliance with the criteria set forth above or, for district association permit recipients, the operations of the association fall out of compliance with any criteria or conditions set forth in chapter 35. (d) Following issuance of an exclusive, district-wide publication dispensing rack permit to a district association, no further permits shall be granted for individual dispensers in such 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. 5