HAR §10-4-24. Licenses for mercantile establishments

(a) The department may issue licenses for mercantile establishments, all of which shall be owned by native §10-4-24 4-5 Hawaiians or organizations formed and controlled by native Hawaiians as provided in section 207(c)(1)(B) of the act. (b) Mercantile licenses offered upon department initiative shall be disposed of in the following manner: (1) The department shall give notice, once in each of two successive weeks in a newspaper of general circulation in the State, of its intention to license Hawaiian home lands for mercantile purposes setting forth the minimum conditions thereunder and the use for which the land will be licensed. Any native Hawaiian or organizations formed or controlled by native Hawaiians interested in securing the license shall file an application with the department not later than thirty days after the publication of the notice; (2) If there is only one applicant for the license, the department, after notice as provided in paragraph (1), may dispose of the license; and (3) If there are two or more applicants for the license, the department shall select the applicant who submits the highest offer contained in a sealed bid deposited with the department. (c) The rental for the license to be issued shall be determined by the department, based on the flat rate per square foot, or appraisal, or on a percentage of the gross sales receipt of the licensee. Upon a request of a native Hawaiian, the department may negotiate the issuance of a mercantile license subject to the approval of the commission under section 10-4- 21(b). (d) Section 10-4-21(d) shall not apply to this section. Mercantile licensees shall pay all processing costs, including but not limited to advertisement, survey, and appraisal. [Eff 7/30/81; am 11/17/84; am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §207(c)) §10-4-25 4-6