HAR §15-210-26. Advertisements

No person shall display, post, or distribute notices or advertisements except with the prior written permission of the authority or the authority's authorized representative. Permission may be granted only if the notice or advertisement relates to services, goods, or facilities available within the premises and the notices and advertisements are found by the authority or the authority's authorized representative to be desirable and necessary for the convenience and guidance of the public. [Eff JI JN l l 2 l (Auth: HRS §206E-4) (Imp: HRS §206E-4J 005 §15-210-27 Business operations. No person shall engage in or solicit any business, except in accordance with the provisions of a permit, contract, license, lease, concession, or other written agreement with the authority or the authority's authorized representative. [Eff_l(UJ l l ZOOS ] (Auth: HRS §206E-4) (Imp: HRS §~-4') §15-210-28 Commercial filming, photography, and videotaping. (a) Before any motion picture is filmed or any video recordings, television production, or sound track is made, which involves the use of professional casts, models, settings, or crews, by any person other than bonafide newsreel or news television personnel, a person shall obtain a written permit from the authority or the authority's authorized representative which shall be subject to terms, •· conditions, and fees set by the authority. 210-13 12-6 45 §15-210-28 (bl Before any still photograph may be taken by a commercial photographer for commercial purposes, a person shall obtain a written permit from the authority or the authority's authorized representative. The permit shall be subject to terms, conditions, and fees set by the authority. [Eff JUN 11 2005 ] (Auth: HRS §206E-4) (Imp: HRS §206E-4J §15-210-29 Permit for commercial activities. (a) No person shall engage in commercial activities of any kind without a commercial use permit from the authority or the authority's authorized representative. (b) Applicants, at a minimum, shall meet the following criteria to qualify for a commercial use permit: ( 1) ( 2) Be a duly organized business in good standing in the State of Hawaii or an individual over the age of eighteen; Hold a current Hawaii state general excise tax license; (3) Hold a current Hawaii state tax clearance certificate; and (4) Submit application for permit at least forty-five days prior to requested permit commencement date. (c) A commercial use permit application may be denied if the authority or the authority's authorized representative determines that: (1) The proposed activity would be detrimental to the integrity of the park; (2) The proposed activity would be detrimental to the safety of the users of the park; (3) The requested area is already subject to an issued permit(s) and issuing additional permits in the area would compromise the access and availability of the park or the enjoyment or safety of the general public; 210-14 §15-210-30 (4) The proposed activity will have a significant negative impact on park users and facilities; (5) Legitimate and verified complaints have been received regqrding overuse and impairment of the condition or public enjoyment of the park area requested; (6) The applicant, its principals, subsidiaries, or affiliates has a prior record of noncompliance with permit conditions or violations of this chapter or other rules administered by the authority or any county; (7) The proposed commercial use is not allowed on the premises pursuant to the Kakaako community development district mauka and makai area plan and rules; (8) The executive director determines that the activity or event is not in the best interest of the resource or the public; or (9) Any other basis for denial exists that is provided for under this chapter. {d) The authority or the authority's authorized representative shall issue a denial of an application in writing setting forth the reason for the denial. The applicant may appeal the denial in writing to the executive director within fifteen calendar days from receipt of the denial. The executive director's decision shall be final. [Eff JUN 11 2005 l (Auth: HRS §206E-4) (Imp: HRS §206E-4) §15-210-30 General commercial use permit provisions. All commercial use permits shall be subject to the following provisions: (1) Permits shall not be transferable or assignable, unless explicitly authorized in the approved permit; (2) Permits shall be site and use specific; (3) Persons or organizations to which permits are issued are bound by the permit conditions stipulated on or attached to the permit; 210-15 §15-210-30 (4) Permittee shall comply with all applicable laws, rules, and regulations of the federal, state, and county governments. Issuance of a permit is not a grant of any other approvals that may be required of the permittee for the permitted activity, nor does a permit exempt the permittee or the permitted activity from any applicable laws, rules, ordinances, and regulations of any federal, state, or county governments; (5) Permittee shall at all times have comprehensive general liability insurance in minimum amounts that may be set by the authority, listing the State of Hawaii as an additional insured; (6) Permittee shall have the permit at the site and produce it upon request; (7) Depending upon type and intensity of the commercial activity, a refundable security deposit may be required by the authority or the authority's authorized representative. The security deposit shall be refunded if the area used by the permittee has been cleaned and restored to an acceptable condition upon expiration of the permit or if the permit is canceled prior to use. The authority may retain all or part of the security deposit for cleaning and site restoration purposes. Retention of the security deposit shall not preclude the authority from pursuing other legal remedies to address cleaning and site restoration if required; (8) The use of the premises shall not be in support of any policy that discriminates against anyone based on race, religion, color, sex, national origin, m?rital status, sexual orientation, familial status, ancestry, physical handicap, disability, age, or HIV (human immunodeficiency virus); (9) Permittee shall not transport onto the premises nor cause or permit the escape, 210-16 ·2 6 45 §15-210-30 disposal, or release of any hazardous materials except as permitted by law. "Hazardous materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous substance, or oil as defined in or pursuant to the Resource Conservation Recovery Act, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Federal Clean Water Act, or any other federal, state, or local environmental. law,. regulation, ordinance, rule or bylaw, whether existing as of the effective date of these rules, previously enforced, or subsequently enacted or amended; (10) Any other restrictions or conditions may be imposed by the authority to protect the integrity, condition, and safety of, or access for the general public to the premises; provided restrictions and conditions may include, but are not limited to, the size of the area available for the activity, location of the activity, the type of activity, seasonal and weather restrictions, intensity of the activity or the requirement to hire licensed security services deemed necessary by the authority or the authority's authorized representative; (11) The issuance of a permit shall not constitute a vested property interest, but is a privilege granted for the use of the premises for a specified activity and time period; (12) Failure to use the permit at the designated time and place, not due to an act of interference by the authority, shall not result in a refund or credit against paid fees; (13) Permits are not automatically renewable. Granting of a permit does not entitle the permittee to re-issuance of the permit; 210-17 §15-210-30 (14) Permittee shall be responsible for the cleanup and hauling away, and any costs associated therewith, of any trash resulting from the permittee's activity; and (15) Permittee may charge a reasonable admission fee to any person desiring to enter the premises for the purpos3u'fi 9~s~~v 0 ing the permitted event. [Eff · 11 lU I~ J (Auth: HRS §206E-4) (Imp: HRS §206E~4) §15-210-31 Commercial use permit fees. (a) Applicants for a commercial use permit shall be charged an application fee of $100 at the time of filing the application to defray the cost of processing, issuing, and administering commercial activity permits. A schedule of usage fees shall be set from time to time by the authority. The application fee shall be paid when the application is filed. (b) All payments of fees and charges shall be in cash, check, cashier's check, certified check, postal money order, bank money order, orJ9t~er methods approved by the authority. [Eff UN 11 2005 l (Auth: HRS §206E-4) (Imp: HRS §206E-4) §15-210-32 Commercial use permit cancellation, revocation, or termination. (a) The authority or the authority's authorized representative may cancel a permit on thirty calendar days' written notice. (b) The authority or the authority's authorized representative may cancel, revoke, or terminate a permit without notice and hearing when: (1) An emergency is declared by the authority, the authority's authorized representative or other proper authority; (2) A permittee violates permit conditions or provisions of this chapter; (3) The permitted activity damages or threatens damage to the integrity or condition of the premises or the surrounding environment; 210-18 §15-210-46 (4) Non-use of the permit; or (5) The permitted activity poses a threat to the health, safety, or welfare of the general public or otherwise negatively impacts the general public's use and enjoyment of the premises or surrounding lands. (c) Except for good cause shown, as determined by the executive director, no refund will be given of any amounts paid when a permit is canceled, revoked, terminated, or voluntarily surrendered. !~~~t1-~~ 1 l 2005 ] (Auth: HRS §206E-4) (Imp: HRS §15-210-33 Indemnification and hold harmless. The permittee shall hold the authority and the State harmless with respect to, and indemnify the authority and the State against, all liability, loss, damage, cost, and expense, including attorneys' fees, arising out of or resulting from the acts or omissions of the permittee, or the permittee's employees, officers, agents, or subcontractors with respect to any commercial activity conducted or any improvement constructed or installed at the public parks .. [Eff JUN 11 2005 l (Auth: HRS §206E-4) (Imp: HRS §206E-4) §§15-210-34 to 15-210-45 (Reserved) SUBCHAPTER 4 PERMITS AND FEES FOR USE OF PARKS