Agreement for Operation - Operate Pedal Trolley – Tiarra Hammond, LLC dba The Jump Off Trolley

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determination that the pedal trolley service as conducted by Operator poses an unreasonable risk of harm to the public, or that Operator has violated a law or a material term or condition of this Agreement, or for any other reason related to the operation being detrimental to public good. The City shall give advance written notice of its intent to terminate twenty (20) days prior to the termination effective date, unless the termination is due to unreasonable risk of harm or to other urgent condition, in which case the City may terminate immediately and shall provide prompt notice to Operator. 3. Compliance with State Alcoholic Beverage Laws and Regulations. The laws and rules governing sale, use, distribution and consumption of alcoholic beverages are regulated by the State of Indiana through its Alcohol & Tobacco Commission (ATC). By entering this Agreement with Operator, the City of South Bend, makes no representation nor shall this Agreement be construed to be affirmation by the City that Operator's business model conforms to or complies with State law. Operator understands that it is subject to the law and regulations of the ATC, that it will comply with those rules, regulations, and conditions, as well as with any other State, Federal or local law, and that it has or will secure any necessary approval of the ATC. To the extent Operator wishes to permit its customer's to consume alcohol while the pedal trolley is in use, Operator does so at its own risk and must ensure that it maintains full compliance with Indiana law and ATC guidance. 4. Hours of Operation. Operator intends to conduct its business with the following schedule: Sunday 11:00 AM and 9:00 PM; Monday 11 AM to 10 PM; Tuesday - Thursday, 11 AM to 10 PM; Friday 11 AM to 12 AM; Saturday 12 PM to 12 AM. The City reserves the right to modify these hours should there be a public safety basis for such change. 5. Conductor or Resoonsible Person. Operator shall designate, use, and be responsible for one person per fourteen (14) passengers who shall serve as driver and/or conductor of each pedal trolley. Such person shall be over the age of twenty-one (21) years and any driver shall have a valid commercial driver's license (CDL) or a public passenger chauffer's license. A conductor and/or driver is further subject to the following terms and conditions: a. He or she must wear a vest or upper body garment constructed of 360 degree reflective material at all times while driving or conducting the pedal trolley; b. He or she must not consume any alcoholic beverage or medication that produces drowsiness within (twelve) 12 hours prior to, nor at any time during operation of the pedal trolley; c. He or she must wear clothing which clearly identifies that he or she is an employee of Operator. d. He or she is responsible for the enforcement of Operator's rules of participation, including but not limited to, adherence to Indiana's public container laws, the prevention of excessive public intoxication, public urination, excessive noise, littering, and any other vulgar and or inappropriate or unsafe behaviors.