HAR §15-210-29
HAR §15-210-29. Permit for commercial activities
Cite as Haw. Code R. § 15-210-29
(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) Be a duly organized business in good
standing in the State of Hawaii or an
individual over the age of eighteen;
(2) Hold a current Hawaii state general excise
tax license;
(3) Hold a current Hawaii state tax clearance
certificate; and
(4) Submit an application for a permit at least
forty-five days prior to the 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;
(4) The proposed activity will have a
significant negative impact on park users
and facilities;
(5) Legitimate and verified complaints have been
received regarding 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 orevent 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 6/11/05; am and comp
NAY 2 5 7007
] (Auth: HRS 5206E-4) (Imp: HRS
92063-4)
515-210-30 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;
(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, marital 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,
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;
(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 purpose of observing the
permitted event.
[Eff 6/11/05;
comp MAY 2 5 2007
I ( ~ u t h : HRS
S206E-4) (Imp: HRS S206E-4)
515-210-31 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, or other methods
approved by the authority.
[Eff 6/11/05;
camp MAY 2 5 2007
] (~uth: HRS ~ 2 0 6 ~ - 4 )
(Imp:
H R S S206E-4)
S15-210-32 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;
(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,
tarily surrendered. [Eff 6/11/05;
am and comp O~AY
-by 2w7
I
(Auth: H R S S206E-4)
(Imp: H R S S206E-4)
515-210-33 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
6/11/05; comp MAY 25 2007
] (Auth: HRS 5206~-4)
(Imp: HRS 52063-4)
5515-210-34 to 15-210-45 (Reserved)
SUBCHAPTER 4
PERMITS AND FEES FOR USE OF PARKS
515-210-46 Permits. (a) Required. Any person
using the premises shall first obtain a permit from
the authority for the following uses:
(1) Picnic groups, consisting of fifty or more
persons;
(2) Sports activities c0nducted.b~
a league,
organization, association, group, or
individual;
(3) Recreational activities, including nonprofit
fundraising activities, sponsored by
community organizations, associations,
groups, or individuals;
(4) Meetings, gatherings, or other similar
activity held by organizations,
associations, or groups;
(5) Nonrecreational, public service activities,
meetings, and gatherings held by
organizations, communities, or groups;
(6) The playing of musical instruments as solo
or two or more instruments described as
follows :
(A) Musical instruments which are limited
to two octaves or less, including, but
not limited to, the following musical
instruments:
(i) Tuba;
(ii) Tympani;
(iii) Maracas;
(iv) Uliuli;
(v) Castanets;
(vi) Tambourine; or
(vii) Percussion instruments in which
a human hand or drumsticks are
used to create sounds;
(B) Musical instruments which when played
do not exceed the sound pressure level
established in section
15-210-13 (b) (11) ; and
(C) Musical instruments which are used or
played continuously without a regular
hourly break of thirty minutes, or for
more than six hours within a day;
(7) Hang gliding; or
(8) Commercial activities designed for profit,
which include but are not limited to the
exchange or buying and selling of
commodities or the providing of services
relating to or connected with trade,
traffic, or commerce in general. The
proposed commercial activities under the
permit shall be consistent with the use of
the park under consideration, subject to
reasonable limitations on the size of the
groups, and the time and area within which
the event is permitted.
(b) Issuance standards for permits. The
authority or the authority's authorized representative
shall uniformly treat each application, based upon the
facts presented, free from improper or inappropriate
considerations and from unfair discrimination and
shall exercise no other discretion over the issuance
of a permit under this section, except as provided in
this section. All permits issued by the authority
shall :
(1) Ensure maximum permissible use of the areas
and facilities by appropriate distribution
of users;
(2) Ensure proper, orderly, and equitable use of
areas and facilities through scheduling and
user controls;
(3) Ensure protection and preservation of areas
and facilities by not overtaxing facilities;
and
(4) Promote the health, safety, and welfare of
the users of said areas and facilities.
(c) General provisions.
(1) Permits governing the use of public
facilities and areas within the premises
shall consist of the following types:
(A) Group use;
(B) Special use; or
(C) Temporary concession;
(2) The authority or the authority's authorized
representative may issue permits. Permits
shall be obtained from the authority. The
current address of the authority is: 677
Ala Moana Boulevard, Suite 1001, Honolulu,
Hawaii 96813. Future change of address will
be reflected on Hawaii community development
authority's website (www.hcdaweb.org). The
following conditions shall apply to all
permits:
(A) Permits shall be issued on a first-come
first-served basis;
(B) All responsible persons eighteen years
of age or older shall be eligible to
secure permits;
(C) Permits shall be requested no later
than forty-five days before the
requested permit date and, once issued,
may be picked up between the hours of
8:00 a.m. and 4:00 p.m. on regular
working days;
(D) Permits shall not be transferred;
( E )
Persons or organizations to whom
permits are issued are bound by the
permit conditions stipulated on or
attached to the permit and any
applicable federal, state, and county
laws, ordinances, rules, and
regulations;
(F) The size of groups as well as the
length of time any permit may be in
effect may be limited by the authority
or the authority's authorized
representative;
( G )
Fees and charges as set by the
authority shall be assessed for permits
to defray the cost of special
facilities, services, or supplies
provided by the State, or to meet other
conditions as the authority or the
authority's authorized representative
may prescribe to carry out the
provisions of this chapter. Charges
may be waived by the authority if, in
its opinion, the waiver is in the
public interest and benefits the State;
(H) Deposits. The authority or the
authority's authorized representative
may require a security deposit as a
condition of issuing a permit. A
deposit shall be collected from the
applicant prior to issuance of the
permit. This deposit is required to
assure proper cleanup and restoration
and shall be refunded by mail if the
area used is cleaned and restored to
the satisfaction of the authority or
the authority's authorized
representative. The amount of deposit
shall be determined as follows:
Activity/
Event Group Size
Deposit
50 - 100
100 - 200
More than 200
(I) All payments of fees and charges shall
be in cash, cashier's check, certified
check, postal money order, or bank
money order provided that personal or
business checks may be used to pay for
events that will occur thirty or more
days after the date of the payment;
(J) All permittees shall, upon request,
show the permit to any law enforcement
officer, the authority, or the
authority's authorized representative;
and
(K) Other procedures, terms, and conditions
deemed by the authority or the
authority's authorized representative
necessary to carry out the provisions
of this chapter, or any applicable
federal, state, or county laws,
ordinances, rules, or regulations;
(3) Permits may be denied when:
(A) The premises or park facilities are
closed or will be closed because of
damages, or because of scheduled or
ongoing, construction, repairs or
maintenance activities, or because of
other reasons ;
( B )
A state of emergency is declared by the
authority, the authority's authorized
representative, or other proper
authorities;
( C ) Natural or civil disturbances occur or
threaten to occur, including, but not
limited to, tsunamis, floods,
earthquakes, storms, riots,
demonstrations, and employee strikes;
(Dl There are inadequate facilities to meet
the needs of the applicant for the
permit;
(E) The premises or facilities will be used
by another permittee; or
(F) The applicant has a prior record of
noncompliance with permit conditions or
violations or violations of this
chapter;
(4) Permits may be canceled or terminated at any
time without advance notice when:
(A) A state of emergency is declared by the
authority, the authority's authorized
representative, or other proper
authorities;
( B )
Natural or civil disturbances occur or
threaten to occur including, but not
limited to, tsunamis, floods,
earthquakes, storms, riots,
demonstrations, and employee strikes;
( C )
Permittee violates permit conditions or
provisions of this chapter; or
(D) Fees, as required, are not paid.
(d) Group use permits.
(1) Any group larger than twenty-five members
shall be required to obtain a group use
permit to remain within the premises;
(2) Group use permits may be denied to any
person, group, organization, or association
when space is inadequate to accommodate the
group or as otherwise provided in subsection
(c) ;
(3) Group use permits shall set forth the day
and time the group shall be allowed to
remain on the premises as follows:
(A) Permits may be issued for hours between
7 : 0 0 a.m. and 10:OO p.m. of the same
day;
( B )
An earlier or later starting time may
be granted by the authority or the
authority's authorized representative
to accommodate special functions; and
( C )
Minors below the age of eighteen may be
allowed to remain on the premises on
their own if the adult who secures the
permit for them will be responsible for
them and also provided that their use
is between the hours 7:00 a.m. to 7:00
p.m. of the same day. Minors staying
beyond 7 : 0 0 p.m. in park areas that
normally stay open past 7 : 0 0 p.m. shall
be under the supervision of adults on a
ten minors to one adult ratio. All
minors from the same family, who are
accompanied by at least one of their
parents, shall be allowed to remain in
the area past the 7:00 p.m. deadline,
where permitted, without regard to the
adult-minor ratio;
(4) The authority or the authority's authorized
representative may require the permittee at
the permittee's own cost, to provide
licensed security services or protection in
the interest of public safety and welfare
and for the protection of property when the
number or persons under the permit is one
hundred or more.
(e) Special use permits.
(1) Special uses shall be permitted only with a
special use permit issued by the authority
or the authority's authorized
representative. Special uses are all types
of uses other than temporary concession and
group use and considered compatible with the
functions and purposes of each individual
area, facility, or unit of the premises;
(2) Requests for permits for special uses shall
each be considered on its own merits,
including its effect on the park area,
facilities, and the public's use and
enjoyment;
(3) Special uses include but are not limited to
such activities as assemblies, carnivals,
celebrations, concerts, demonstrations,
festivals, gatherings, meetings, pageants,
parades, public expressions of views,
rallies, regattas, shows, sport events,
weddings, and other community or ethnic
oriented events, or activities, or other
spectator attractions that are open to the
general public or to restricted groups;
(4) Requests for permits shall be submitted to
the authority a minimum of forty-five days
before the date of use being requested for
all special use activities or events
including those involving the charging of
fees, the sale of goods or services, and
sponsorship or co-sponsorship by commercial
establishments;
(5) Requests for special use permits shall be
submitted in writing and shall provide the
name, address, and phone number of the
applicant, the date, time, duration, nature,
and place of the proposed event, an estimate
of the number of persons expected to attend,
and a statement of equipment and facilities
to be used in connection therewith. If the
event is for the purpose of raising funds, a
statement on how the profits will be used is
required;
(6) Permits may be denied when:
(A) A prior permit for the same time and
place has been or will be granted;
(B) The event presents a clear and present
danger to the public health or safety;
( C )
The event is of a nature or duration
that cannot reasonably be accommodated
in the particular park area applied
for;
(D) The event will significantly interfere
or conflict with the public's general
use and enjoyment of the particular
park area applied for; or
( E )
Applications or requests for permits
are not received by the authority
within the times specified in paragraph
(4);
The permit may contain conditions relating
to protection and use of the park area for
the purposes for which it is maintained,
reasonable limitations on the time and area
within which the event is permitted, and
requirements for liability insurance
coverage; and
The authority or the authority's authorized
representative may require the permittee at
the permittee's own cost, to provide
licensed security services or protection in
the interest of public safety and welfare
and for the protection of property when the
number of persons under the permit is one
hundred or more.
Temporary concession permit.
Activities where donations or entry or
registration fees are collected for the
purpose of defraying expenses incurred by
the permittee in conducting the event or
activity or activities where the public is
charged an admission fee or where a donation
is accepted for the purpose of realizing a
profit (fundraising activity) shall require
a temporary concession permit;
The applicant must be a bonafide nonprofit
organization as defined in Internal Revenue
Code section 501 (c) (3) ;
The authority may require a financial report
if it deems necessary;
A temporary concession permit is allowed
only if it is in conjunction with another
activity or event which is authorized by a
special use permit;
The temporary concession permit is issued to
the nonprofit organization who is promoting,
producing, staging, or conducting the event
or activity;
(6) Except for craft fairs and art marts, no
person may profit from a temporary
concession. All net profits earned from the
temporary concession must be applied to the
expenses of the nonprofit organization
incurred in connection with events or
activities directly related to the purpose
for which it has been organized;
(7) The nonprofit organization must procure a
liability insurance certificate bearing
their name with the authority as additional
insured. Products liability shall be
included if food or other items are sold;
(8) If a commercial food caterer or lunchwagon
is allowed to operate by prior arrangement
with the nonprofit organization, liability
insurance coverages, including products
liability, shall be provided by both the
nonprofit organization and commercial food
caterer or lunchwagon; and
(9) Groups or applicants applying for the
temporary concession permit to sell food
shall first obtain clearance from the
department of health. The clearance
certificate must be presented to the
authority before the temporary concession
permit may be issued. [Eff 6/11/05; am and
MAY 2 5 2007
I (~uth: HRS
5206E-4) (Imp: HRS S206E-4)
515-210-47 Fees for use of facilities. (a) The
executive director is authorized to issue a permit and
charge a fee for the use of the parks or recreational
facilities within the parks to help cover operating
and maintenance expenses when the parks or facilities
are used for special events. A schedule of fees shall
be set from time to time by the authority. The
effective date of any change in fees shall be thirty
days after posting the approved fee schedule on the
Hawaii community development authority website. For
purposes of this section, "special events" means:
(1) Athletic practices and events involving:
(A) Professional teams;
( 8 ) Collegiate teams;
(C) National amateur teams;
(D) For-prof it organizations; or
(E) Teams and organizations utilizing the
facilities for tournament play;
(2) International, national, or regional events;
(3) Entertainment events;
(4) Educational events;
(5) Promotional events; or
(6) Fundraising events.
(b) Permittee may charge a reasonable admission
fee to any person desiring to attend the special event
within the park or at a recreational facility within
the park; provided however, that the permittee may not
exclude members of the public from entering or
remaining on portions of the park or facility that are
not subject to the permit.
(c) The executive director may consider waiver
of permit fees on a case-by-case basis.
(d) The executive director shall provide the
authority with an annual report setting forth the
permit fees established for special events at the
parks or recreational facility within the park and the
amount of fees collected for each park or facility.
The report shall be submitted no later than sixty days
following the end of the Hawaii community development
authority's fiscal year.
[Eff 6/11/05; am and
"Omp
MAY 2 5 2007
-
] (Auth: HRS S206E-4) (Imp:
HRS S206E-41
S15-210-48 Fees for attendant or custodian
services. Organizations whose use of state
recreational facilities requires an attendant or
custodian, shall pay the cost of the attendant or
custodian serv
%?of=?
the authority.
[Eff
6/11/05; comp
]
(Auth: HRS S206E-4)
(Imp: HRS S206E-4)
515-210-49 Usage fee schedule.
Activity
Monthly
I
Annual
Daily
Permit
Permit
I
Commercial:
Carnivals
Concerts
political)
Id
1
$1,000
$1,000 per
100 projected
Demonstrations (non- 1
$200
I
N /A
1
N /A
I
attendees
Festivals
. - ,
ocean recreational
1
$10
I
$100
1
$500
N /A
N/A
1
Fitness training
I
activities (surfing, 1
scuba diving,
N/A
I
$500
I
Food/beveraae sales I
$20
I
$500
!
$4.000
$10
N /A
kayaking, etc. )
Other
Pageants
T-shirt sales
N/A
1
$100
Wedding ceremonies
Commercial filming
Commercial photography
Commercial videotaping
Special Events:
Athletic practices
-
and events as
specified in
515-210-47 (a) (1)
(A through E)
International,
national, or
regional events
Entertainment events
Educational events
Promotional events
Fundraisina events
$500
$50
$300
$20
$300
$500
$500
$500
$100
$200
I
$ 1 nn
$200
$2,500
$100
$2,500
N /A
N /A
N/A
N/A
N/A
1
N/A
$1.000 J
$10,000
$1,000
$10,000
N /A
N/A
N/A
N/A
N/A
N/
A
(P-390Z§ SHH : d W )
( P - 3 9 0 ~ ~
SHH :wnv) [
h@Jd 2 2 At/W duo3 pue 2231
Amendments to and compilation of Chapter 210,
Title 15, Hawaii Administrative Rules, on the Summary
Page dated April 4, 2007 were adopted on April 4, 2007
following a public hearing held on March 7, 2007,
after public notice was given in the Honolulu Star-
Bulletin, The Maui News, West Hawaii Today, Hawaii
Tribune-Herald and The Garden Island on February 5,
2007.
They shall take effect ten days after filing with
the Office of the Lieutenant Governor.
DANIEL DINELL
Executive Director
Hawaii Community Development
-
Aythority
Director
Department of Business,
Economic Development &
Tourism
APPOVED AS TO FORM:
"
~
e
r
n
e
y
General
Governor
State of Hawaii
Filed
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210-33
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design, development or for the purpose of lease or
permit to third parties; and
"Vehicle" means every device in, upon, or by
which any person or property is or may be transported
or drawn upon a roadway or highway, including mopeds,
but excluding bicycles and other devices moved by
human power. [Eff 6/11/05; am and comp 5/25/07]
(Auth: HRS S206E-4) (Imp: HRS SS206E-2, 206E-4)
515-210-3 Enforcement. (a) Citations. Police
officers and any other officer so authorized shall
issue a citation for any violation of the provisions
of this chapter:
(1) There shall be provided for use by
authorized police officers, a form of
citation for use in citing violators of this
chapter for instances which do not mandate
the physical arrest of the violators. The
form and content of the citation shall be
adopted or prescribed by the administrative
judge of the district court and shall be
printed on a form commensurate with the form
of other citations used in modern methods of
arrest, so designed to include all necessary
information to make the same valid within
the laws and rules of the State of Hawaii
and the city and county of Honolulu;
(2) In every case when a citation is issued, a
copy of the same shall be given to the
violator, or in the case of a parking,
standing, or stopping violation, a copy of
the same shall be affixed to the vehicle, as
provided in paragraph (5) ;
(3) Every citation shall be consecutively
numbered and each carbon copy shall bear the
number of its respective original;
(4) Whenever a motor vehicle is in violation of
any provision, other than a parking,
standing, or stopping provision, of this
section, any police officer and any other
officer so authorized shall take the name,