HAR §15-210-46. 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; 210-19 ,2 6 45 §15-210-46 (2) Sports activities conducted by 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) (10); 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 210-20 §15-210-46 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 this section. All permits issued by the authority shall: in ( 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) ~pecial 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 address of the authority is: 677 Ala Moana Boulevard, Suite 1001, Honolulu, Hawaii 96813. The following conditions shall apply to all permits: 210-21 §15-210-46 (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 210-22 2 6 45 §15-210-46 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 50 - 100 100 - 200 More than 200 Deposit $200 400 500 {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 210-23 2 6 45 §15-210-46 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; (D) 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; (Bl 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; oi {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 210-24 •2 6 45 §15-210-46 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 7:00 a.m. and 10:00 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 7:00 p.m. in park areas that normally stay open past 7:00 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 pro,ride 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 §15-210-46 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, 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; 210-26 §15-210-46 (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) ; .(7) 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 (8) 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. (f) Temporary concession permit. (1) 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; (2) The applicant must be a bonafide nonprofit organization as defined in Internal Revenue Code section 501 (c) (3); 210-27 §15-210-46 (3) The authority may require a financial report if it deems necessary; (4) 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; (5) 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 JUN 11 ?nni:; (Auth: HRS §206E-4) (Imp: HRS §206E-4) §15-210-47 Fees for use of facilities. (a) The executive director is authorized to issue a permit and 210-28 ,2 6 45 §15-210-47 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; (B) Collegiate teams; (C) National amateur teams; (D) For-profit organizations; and (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 .ILJN 11 2005 l (Auth: HRS §206E-4) (ImP,: HRS §206E-ll') 210-29 §15-210-48 §15-210-48 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 service fees to the authority. [Eff .II W §2061t'-"1')' 11 2005 ] (Auth: HRS §206E-4) (Imp: §§15-210-49 to 15-210-58 (Reserved) 210-30 HRS I • ' ,. Chapter 15-210, Hawaii Administrative Rules, on the Summary Page dated May 4, 2005, was adopted on May 4, 2005, following a public hearing held on April 27, 2005, after public notice was given in the Honolulu Star-Bulletin, The Garden Island, Hawaii Tribune-Herald, West Hawaii Today, and The Maui .News on March 28, 2005. The adoption of chapter 15-210 shall take ten days after filing with the Office of the effect Lieutenant Governor. ilZ AS TO FORM: DEPUTY A ~NIEL INELL // Executive Director Haw~ nity Development /.-'11'.uthori c_j • THEODORE E. LIU Director Department of Business, Economic Development, and Tourism LINDA LINGLE Governor State of Hawaii Date: MAY 3 1 2005 Filed 210-31 d U'! I ~ i--- ,, ' . .