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A. A permittee is responsible for complying with all municipal, state, and federal ordinances, statutes, and regulations applicable to the permittee’s activities.

B. A permittee shall reimburse the borough for any damage to municipal property caused by the permittee or any of the permittee’s employees, agents, representatives, contractors, or customers during the course of the permittee’s activities under the permit.

C. Acceptance of a permit by the permittee shall constitute an agreement and acknowledgment by such permittee that the permittee shall indemnify and hold the borough and its elected and appointed officers and employees harmless from and against any and all loss, damage, or expense for any injury to or death of any person or persons, or for damage to property, resulting from or arising out of any act or omission of such permittee or of any of the permittee’s employees, agents, representatives, or customers. The borough and its elected and appointed officers and employees make no representations concerning and assume no responsibility for or regarding any goods or activities sold by any permittee or by any of permittee’s employees, agents, representatives, or contractors.

D. Transferability.

1. A permit issued under this title, and any rights or privileges thereunder, may be assigned or transferred by the permittee, together with any right of renewal; provided, that such transfer includes the permittee’s entire business interest in activities conducted under the permit. The person to whom the permit was transferred shall be subject to permit renewal requirements.

2. No permit may be leased or rented to, nor may a permittee allow the permit to be used by, any person who is not an employee or contracted agent of the permittee.

3. A transferred permit shall not be valid, and the new permittee may not conduct any activities under the permit, until the permit has been reissued by the clerk under the applicable provisions of this title.

E. Limitations.

1. Period of Operation. A permittee may conduct business for the entire permit period unless otherwise specified by the permit.

2. Signage. Any signs must be in compliance with existing borough code.

3. Solicitation on Public Property. In accordance with the purpose of this title, no person or entity may exhibit, sell products, or deliver goods, wares, merchandise, tours and services from a public street, alley, sidewalk, Portage Cove Harbor, dock/wharf or other public place except as expressly authorized by the borough manager, or provided by conditions of the permit.

F. Fraud. Unfair competitive practices are strictly prohibited. A permittee who commits any act of deceit, fraud or misrepresentation that would constitute an unlawful act or practice under AS 45.50.471, either through the permittee’s own act or through the acts of the permittee’s employee, agent, or representative, in relation to an activity authorized under the permit, shall, upon conviction, be punished as provided in HBC 5.01.070. (Ord. 20-03-562 § 7; Ord. 18-09-512 § 5)