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