Bicycle tour businesses need a permit and insurance

A. It is unlawful for any business or person to conduct a commercial bicycle tour on County and state property without first obtaining a bicycle tour business permit issued by the director in accordance with this chapter, in addition to any other requirement of State law. B. The application must be in writing, properly verified under oath and filed with the director, and include the following: 1. The applicant's name, mailing address, business location address, email address, and telephone number. 2. The names, addresses, email addresses, and phone numbers of all authorized agents for the applicant. 3. A description of the proposed schedule; maximum number of participants per tour group; whether the tours are guided or unguided; and routes, including community plan areas. 4. The registration numbers of all motor vehicles and bicycles to be used by the business. 5. A description of any structure or personal property to be used in conjunction with the bicycle tour business. 6. Any other information required by the director. 7. An application fee as indicated in the annual budget ordinance. 8. State and federal tax clearance certificates. C. All permits are subject to the following conditions: 1. The permit holder must procure and maintain during the term of the permit a commercial general liability policy with the following minimum limits and coverages placed with an insurance carrier authorized to do business in the State of Hawaiʻi with a minimum AM Best rating of A-VII. a. The commercial general liability policy must be written on an occurrence form. Defense costs must be outside the limits of liability, must not erode or dilute the required limits of liability provided by the policy, and must provide the following coverages: i. Bodily injury and property damage on a combined single limit. ii. Independent contractors. iii. Blanket contractual liability. iv. Personal injury. v. Employees named as additional insureds. vi. Severability of interest. b. The commercial general liability policy must have the following limits of liability: i. A primary commercial general liability policy with $1,000,000 per occurrence and $1,000,000 annual aggregate. Insurance must include a duty to defend the County if the County is sued as a result of the bicycle tour business's operations. ii. An umbrella policy written on a "following form" basis with $2,000,000 per occurrence and $2,000,000 annual aggregate. c. The bicycle tour business's policies must be endorsed to respond on a primary basis, and any policies procured by the County must be noncontributory and excess of the bicycle tour business's insurance policies. d. The County and its officers and employees must be named as an additional insured under the bicycle tour business with a duty to defend the County from any claims arising from bicycle tour operations. e. The permit effective date may be nonconcurrent with the bicycle tour business insurance policy's effective date. If the required insurance coverage expires during the permit term, then the permit holder must immediately deliver a renewed certificate of insurance evidencing the required coverage and limits are still in full force and effect. Any insurance coverage procured by the permit holder that is not renewed or allowed to lapse will be deemed a material breach of the terms of the permit. The permit holder must immediately provide written notice to the County if any of the required policies are canceled, nonrenewed, or terminated. The permit holder must furnish the County with a certificate of insurance and the required endorsements verifying such insurance coverage upon the issuance of the bicycle tour business permit. The bicycle tour business is prohibited from conducting bicycle tours on County property during any period in which the required insurance is not in effect. 2. The permit holder must execute an indemnification agreement with the County requiring the permit holder to indemnify, defend, and hold the County, its officers, employees, and agents, harmless against any and all damages, claims, actions, demands, and proceedings for property damage, personal injury, or wrongful death arising, in whole or in part, from the activities of the bicycle tour business over and above those losses covered by the bicycle tour business's general liability insurance coverage, including claims regarding design and maintenance of roadways and the County's permit review and approval process. D. Within five business days of receipt of a complete application, the director must submit a copy of the application to the department of police. Within twenty business days from the receipt, the department of police must indicate whether the applicant has received any citations within the past year and submit to the director a written report with any recommendations or special conditions that may be necessary or desirable. If the department of police does not submit a report within twenty business days, it is deemed to have submitted a report with no comments on the application. Upon request from the department of police, the director may grant the department additional time to review the application. E. The director may issue the permit, upon payment of any required fee, with or without special conditions or requirements in accordance with this chapter or administrative rules. The director must issue or deny the permit within thirty business days of the director's receipt of the department of police's report. If the director denies the permit, the director must notify the applicant in writing of the decision and the reasons for the denial. If the director does not issue or deny the permit within thirty business days of the director's receipt of the department of police's report, the application will be deemed denied. The director may approve the issuance of a permit upon determining that: 1. The proposed use for the requested bicycle tour, route, or hours of operation is in the best interest of the general public. 2. A scheduling conflict does not exist with another permitted commercial bicycle tour. 3. In previously operating a bicycle tour business, the applicant has not: a. Received a citation within the previous year related to or associated with a commercial bicycle tour; b. Conducted a commercial bicycle tour without a valid permit; or c. Violated any applicable federal, state, or county laws or regulations. F. An applicant must notify the director within five business days of a change to any information required to be included in the application after the application is submitted for approval or after the permit has been issued. Failure to comply may result in denial, suspension, or revocation of the permit. ( Ord. No. 5439 , § 1, 2022; Ord. 3435 § 1, 2007: Ord. 2986 § 1, 2001; Ord. 2426 § 1 (part), 1995)