AMENDMENT FOR PRINTED BILL
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___________________ moved that HB 1186 be amended as follows:


    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That chapter 35-4 be amended by adding a NEW SECTION to read:

    An authorized public consumption license may be issued to an applicant operating as a commercial quadricycle business. The license and license renewal fee shall be one hundred dollars per year.

    Section 2. That chapter 35-4 be amended by adding a NEW SECTION to read:

    For the purposes of this Act, the term, commercial quadricycle, means a vehicle equipped with a minimum of nine pairs of fully operative pedals for propulsion by means of human muscular power exclusively. The vehicle shall:

            (1)    Have four wheels with a unibody design;
            (2)    Be equipped with a minimum of four hydraulically operated brakes;
            (3)    Be equipped with a minimum of ten seats for passengers;
            (4)    Be operated in a manner similar to a bicycle;
            (5)    Be used for commercial tour purposes; and
            (6)    Be operated by the vehicle owner or an employee of the owner.

    Section 3. That chapter 35-4 be amended by adding a NEW SECTION to read:

    The following qualifications are required before an authorized public consumption license may be issued to a commercial quadricycle business for the operation of quadricycles on a public highway:

            (1)     The applicant shall have a business office, which may be at a residence;
            (2)     The applicant shall maintain general liability insurance of at least one million dollars. No license may be issued or renewed without written documentation of this insurance; and
            (3)     The applicant shall possess a permit issued by the local government that has jurisdiction to grant rights to the applicant to operate its business on public roadways and highways within a specific designated operational area as its premises.

    Section 4. That chapter 35-4 be amended by adding a NEW SECTION to read:

    The holder of an authorized public consumption license that operates as a commercial quadricycle business:

            (1)     May permit any patron to bring an unopened package of malt beverages or wine onto the licensed premise and open and consume the alcoholic beverage from a nondescriptive plastic cup after boarding, and while riding, the quadricycle. No patron may bring any distilled spirits onto the quadricycle;
            (2)     May not permit any patron to bring or possess any glass container of alcoholic beverages on the quadricycle;
            (3)     May not permit any patron to bring opened package or drinks of alcoholic beverages from a retail premise on the quadricycle;
            (4)     May only permit each patron to drink and consume alcoholic beverages from a nondescriptive plastic cup while riding the quadricycle; and
            (5)     May not sell, permit, offer for sale, or provide or offer any samples of alcoholic beverages.

    Section 5. That chapter 35-4 be amended by adding a NEW SECTION to read:

    An employee driver of a commercial quadricycle business holding a public consumption license may not:

            (1)     Consume or be under the influence of alcoholic beverages or controlled substances while driving and operating a quadricycle; and
            (2)     Be convicted of any criminal offense or violation related to alcoholic beverages or controlled substances for a minimum period of two years prior to employment."