Chapter 5.22 BICYCLE TOUR BUSINESS

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms and words are defined as follows:

“Bicycle” means every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels.

“Business” means any commercial enterprise or establishment, which includes, but is not limited to, sole proprietorships, joint ventures, partnerships and corporations, whether for profit or nonprofit.

“County property” means any highway, right-of-way, easement, or other real estate owned or controlled by the County.

“Director” means the director of finance of the County.

“Highway” means the entire width between the boundary lines of every County street when any part thereof is open to the use of the public for purposes of either vehicular or pedestrian travel.

“Notification” means either actual notice to the applicant for license or written communication through registered or certified mail, return receipt requested. If service by registered or certified mail is not made because of inability to deliver or refusal by the addressee to accept same, the director may give notice by publishing once in a newspaper of general circulation on the island of Maui. The director shall be entitled to rely on the names and addresses provided by the applicant and it is the applicant's obligation to notify the director of any changes in same. Notification shall be considered given upon evidence of receipt of such letter or completion of publication of such notice as the case may be.

“Person” means and includes any individual, firm, society, organization, or corporation.

“Tour” means a group organized for the traveling from place to place for enjoyment, pleasure, or sightseeing. (Ord. 2426 § 1 (part), 1995)

A. It is unlawful for any business or person to conduct a bicycle tour on County property without first obtaining a bicycle tour business permit issued by the director in accordance with this chapter.

B. The application shall be in writing, properly verified under oath and filed with the director and shall set forth and include the following:

1. The name, place of residence, mailing address, and telephone number of the applicant;

2. The names and addresses of all corporations, partnerships, associations, person or persons for whom the applicant is acting;

3. A description of the areas, locations, or routes to be utilized for the proposed bicycle tour business;

4. A description and the registration numbers of all motor vehicles and bicycles to be used by the business;

5. A description of any structure, or other personal property to be used in conjunction with the bicycle tour business;

6. Any other information which may be required by rules adopted by the director to enforce the requirements and rules of this chapter; and

7. An application fee as set forth in the budget ordinance.

C. No permit shall be issued to a bicycle tour business, unless the bicycle tour business:

1. Obtains, pays for, and keeps in force throughout the term of the bicycle tour business permit, comprehensive liability insurance issued (1) by an insurance company authorized to do business in the State of Hawaii (“admitted carrier”), or (2) through a general insurance agent or broker licensed in the State of Hawaii, if the company is not authorized to do business in the State of Hawaii (“non-admitted carrier”). The insurance carrier shall be rated no less than “A-” as established by “AM Best” or “Standard & Poor” ratings. The insurance policy, as evidenced by issuance of a policy endorsement, shall name the County, its officers, employees, and agents, as an additional insured. The insurance policy shall contain the following minimum requirements:

a. No less than a combined single limit (“CSL”) of liability coverage of $3,000,000;

b. No erosion of limit by payment of defense costs;

c. An annual aggregate limit of not less than $3,000,000;

d. A duty to defend the County, its officers, employees, and agents, against any loss, liability, claims, and demands for injury or damage, including, but not limited to, claims for property damage, personal injury, or wrongful death, arising out of, or in connection with, in whole or in part, the activities of the bicycle tour business, the design and maintenance of roadways, and the County’s permit review and approval process; and

e. The insurance policy naming the County, its officers, employees, and agents, as an additional insured shall be on a primary basis and not excess of any other insurance policy furnished or available to the County.

The bicycle tour company shall furnish the County with a copy of the insurance policy certificate and the required endorsements verifying such insurance coverage upon the issuance of the bicycle tour business permit. If the scheduled expiration date of a current insurance policy is earlier than the expiration of the bicycle tour business permit, the bicycle tour business shall, upon renewal of the insurance policy, provide the County with a copy of the renewed insurance policy certificate and required endorsements. The insurance policy shall expressly state that the coverage provided under such policy shall not be canceled or terminated, unless the carrier has first given the County at least thirty calendar days prior written notice of the intended cancellation or termination.

2. Executes an indemnification agreement with the County requiring the bicycle tour business to indemnify, defend, and hold the County, its officers, employees, and agents, harmless against any loss sustained, in whole or in part, as the result of the activities of the bicycle tour business over and above those losses covered by the bicycle tour business’ general liability insurance coverage, including claims regarding design and maintenance of roadways and the County’s permit review and approval process.

D. Review of Application. Within three days (excluding weekends or holidays) upon a receipt of an application, the director shall submit a copy of the application to the department of police. Within twenty working days from the receipt thereof, the department of police shall submit to the director a written report with any recommendations or special conditions which may be necessary or desirable. An application shall be approved or denied within thirty working days from the receipt thereof.

E. Issuance or Denial of Permit—Appeal. The director shall issue the permit, upon payment of any required fee, with or without special conditions or requirements as may be appropriate. If the director refuses to issue the permit the director shall notify the applicant in writing of the director’s decision. (Ord. 3435 § 1, 2007: Ord. 2986 § 1, 2001; Ord. 2426 § 1 (part), 1995)