Council Bills and Resolutions Text

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41 (2003)



A BILL FOR AN ORDINANCE RELATING TO PEDDLERS.

BE IT ORDAINED by the people of the City and County of Honolulu:

    SECTION 1. Purpose. The purpose of this bill is to prohibit peddling in the Chinatown Special District, with the exception of storefront peddling. The bill would also prohibit peddling in public parks and beaches without a concession, license or permit. The bill would also include display of property and services and solicitation of orders or making referrals with the scope of peddling. The bill would also clarify that peddling authorized by parade permits, street usage permits, or other concessions, permits or licenses issued by the City is not prohibited. The bill would also clarify that peddling is not allowed on the sidewalks abutting the Civic Center. The bill would also establish a minimum penalty for violations of the peddling ordinance.

    SECTION 2. Section 29-1.1, Revised Ordinances of Honolulu 1990, is amended by adding a new definition of “Peddle or peddling” to read as follows:

    “Peddle or peddling” the sale or offer for sale, the renting or offer for rent , or the display for sale or rent, of any goods, wares, merchandise, foodstuffs, or other kinds of property or services, and shall include, but not be limited to, any person who solicits orders or makes referrals on public property for the future sale, delivery, or performance of property or services in a place other than public property as part of a scheme to evade the provisions of Article 6.”

    SECTION 3. Section 29-1.1, Revised Ordinances of Honolulu 1990, is amended by amending the definition of “Public place” to read as follows:

    “Public place” means any and all publicly owned or maintained streets, sidewalks, boulevards, alleys, or other [public] ways open to the general public, and any and all [public] publicly owned or maintained parks, beaches, squares, spaces, grounds, malls, [and] buildings, or other places open to the general public.”

SECTION 4. Section 29-6.1, Revised Ordinances of Honolulu 1990, is amended to read as follows:

" Sec. 296.1 Annual fee.

The annual fee for a peddler's license shall be $27.50, provided said fee is waived for all peddlers of newspapers of general circulation. No license shall be required of persons peddling fresh fish, fresh fruit, fresh leis, fresh flowers or fresh vegetables, nor of retail businesses

excepted under section 296.2(c)(12), nor of any person who has reached the age of 60 years."

SECTION 5. Section 29-6.2 of the Revised Ordinances of Honolulu 1990, is amended to read as follows:

"
Sec. 296.2 Regulations affecting peddlers.

(a)    It is unlawful for any person to peddle in a public place in the City and County of Honolulu without a peddler's license issued by the City, except as otherwise provided in Section 29-6.1.”

[(a)] (b)    It is unlawful for any person, whether exempt or licensed under Section 296.1, to [sell or offer for sale, rent or offer for rent, goods, wares, merchandise, foodstuffs, refreshments or other kinds of property or services upon the streets, alleys, sidewalks, parks, beaches and other public places] peddle in a public place in the City and County of Honolulu, unless such person is also duly licensed under the provisions of HRS Section 2379, to engage in and conduct such business as required by said HRS Section 2379.


[(b)]
(c)    Notwithstanding Sections 29-6.2 (a) and (b) or any other ordinance to the contrary and except as specifically provided herein, it is unlawful for any person to [sell or offer for sale, rent or offer for rent, goods, wares, merchandise, foodstuffs, refreshments or other kinds of property or services] peddle in a public place in the City and County of Honolulu in the following areas even if such person is exempt or licensed under Section 296.1:

(1)    On the Pali Highway from the intersection of Nuuanu Pali Drive to Castle Junction including the Pali Lookout (improved observation area at the summit) and access road thereto;

(2)    Makapuu Lookout (parking area overlooking Makapuu Beach) on Kalanianaole Highway;

(3)    On Diamond Head Road from Poni Moi Road to Kulamanu Place;

(4)    Tantalus Drive from Aaliamanu Place to Ualakaa Park;

(5)    Waimea Bay beginning at Maunawai to the Kupupolo Heiau on Kamehameha Highway;

(6)    Within 300 feet of the easterly end of Naupaka Street on Laie Point;

(7)    Waikiki Peninsula upon the public streets, alleys, sidewalks, malls, parks, beaches and other public places in Waikiki commencing at the entrance to the Ala Wai Canal, thence along the Ala Wai Canal to Kapahulu Avenue, thence along the diamond head property line of Kapahulu Avenue to the ocean, thence along the ocean back to the entrance of the Ala Wai Canal;

(8) Fort Street and Union Malls the length and width of those areas in downtown Honolulu designated as the Fort Street Mall and the Union Street Mall, except pursuant to the terms and conditions of a sidewalk cafe permit issued pursuant to rules promulgated by the department of facility maintenance;

(9)    In any school zone as defined in Section 152.21 while school is in session. Provided, that this subdivision shall not apply to any authorized participant in a citysponsored market program, or in any schoolsponsored function, or to home doortodoor salespersons, solicitors or canvassers as defined in Section 295.1(b). For purposes of this subdivision:

"School" means any public or private elementary, intermediate or high school; and
"School is in session" means one hour before the start of classes and up until one hour after the last scheduled class ends;

(10)    Halona Scenic Lookout (parking area overlooking the Blowhole) on Kalanianaole Highway; [and]

(11) The grounds of City Hall and the Honolulu Municipal Building, as defined in Section 2811.1 and including the public sidewalks abutting King Street, Alapai Street, Beretania Street, and Punchbowl Street. This subdivision shall not preclude use of said grounds by any concessionaire, licensees, lessee, or permittee of the city or by any peddler participating in the citysponsored people's open market program[.];

(12)    Upon public places within the area designated as the Chinatown Special District pursuant to Section 219.60-2 and Exhibit 21-9.9, except: (1) on Kekaulike Mall or College Walk, pursuant to the terms and conditions of a sidewalk cafe permit issued pursuant to rules promulgated by the department of facility maintenance; and (2) within the area extending up to 18 inches perpendicular from the storefront entrance wall of a ground floor retail business, the operator of the retail business may peddle goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property or services of the same or a similar character as available within the ground floor space occupied by the retail business; provided that on Kekaulike Mall and College Walk, the storefront display area may extend up 48 inches; provided further that a person or persons standing beyond the 18-inch area for purposes of offering for sale or rent or the actual sale or rental of such displayed property shall not be considered a violation of this paragraph; and provided further that the storefront sales or rental area shall not extend laterally along the sidewalk or other public place past the property boundary of the individual storefront; and provided further that storefront sales or rentals are allowable only when the public sidewalk area remaining after subtracting the storefront sales or rental area is sufficient to comply with the requirements of the Americans with Disabilities Act of 1990 and any other applicable law, ordinance, rule, regulation, or requirement; and provided further that such storefront display area shall; not materially impeded or obstruct pedestrian traffic or jeopardize public safety; and provided further that such storefront display area shall not obstruct any mail box, fire hydrant, telephone, news rack or similar utility or facility; and provided further that no permanent structures shall be installed on any public place by a storefront operator; and provided further that food preparation, including, but not limited to, cooking and trimming of fruits, vegetables or other food, shall not be allowed within such storefront display areas; and provided further that boxes, trash cans, and other debris shall not be allowed with such 18-inch storefront area; and provided further that the department of customer services may promulgate such rules as may be necessary to implement the storefront display provisions of this paragraph, including, but not limited to, rules relating to hours of operation; and provided further nothing contained herein shall be construed as authorizing the sale of liquor as defined in HRS Section 281-1 in public places; and provided further that storefront sales or rentals shall be allowed in public places in the Chinatown Special District notwithstanding anything to the contrary in Chapter 21; and

(13) Within any public park or beach owned or operated by the City, except pursuant to a concession, permit or license issued by the City.


The provisions of this subsection shall not apply to the sale or offer for sale of newspapers of general circulation and to duly authorized concessions in public places. For purposes of this section, "newspaper of general circulation" means a publication published at regular intervals, primarily for the dissemination of news, intelligence and opinions on recent events or newsworthy items of a general character, and reaching all classes of the public.

[(c)]
(d)    The provisions of subsection (b) shall not be construed as prohibiting the sale or offer for sale, rent or offer for rent, or display for sale or rent on the public streets, sidewalks, malls or public property [of an approved parade route of buttons and souvenir items] of goods, wares, merchandise, foodstuffs, refreshments or other kinds of property or services within the area authorized by a parade or street usage permit within the time specified in the permit and subject to the terms and conditions of the permit, as authorized by the holders of the permit.[between the scheduled commencement of a parade as defined in Section 152.15 and for which a permit has been issued pursuant to Section 1524.20, and two hours prior thereto; provided, that written approval thereon is granted in advance by the director of finance upon written application and payment of a fee of $22.00 by the prospective seller. For purposes of this subsection, "buttons" and "souvenir items" mean and are limited to nonfood items, items which can be carried by the vendor who has obtained the approval herein of the director of finance, items with no disposable wrappers and items related only to the event in honor or commemoration of which the parade is being held. The director of finance shall adopt rules pursuant to HRS Chapter 91 to implement this subsection and no approval under this subsection shall be granted until the adoption and effective date of such rules.]"

SECTION 4. Section 29-6.1, Revised Ordinances of Honolulu 1990, is amended to read as follows:

Sec, 29-6.4 Violation – Penalty.

(a)    Penalty. Any person violating any provision of this article shall upon conviction be punished by a fine [not exceeding] of not less than $100.00 and not more than $1,000.00 or by imprisonment not exceeding 30 days, or by both.

(b)    Procedure on Arrest. Any authorized police officer, or authorized special police officer, upon making an arrest for a violation of this article, may, in lieu of a physical arrest, take the name and address of the alleged violator and issue to the alleged violator in writing a summons or citation hereinafter described, notifying the alleged violator to answer the complaint to be entered against such person at a place and at a time provided in said summons or citation.

(c)     Summons or Citation.


    (1)    There shall be provided for use by authorized police officers or authorized special police officers, a form of summons or citations for use in citing violators of this article which does not mandate the physical arrest of such violators. The issuance and form of the citation shall be as provided in section 803-6. Hawaii Revised Statutes.

SECTION 5. Ordinance material to be repealed is bracketed. New ordinance material is underscored. When revising, compiling or printing this ordinance for inclusion in the Revised Ordinances of Honolulu, the revisor of ordinances need not include the underscoring, the brackets or the bracketed material.

SECTION 6. This ordinance shall take effect upon its approval.

                         INTRODUCED BY:

                        

                        

                        

                        

                        

                        

                        
DATE OF INTRODUCTION:
                        

        
Honolulu, Hawaii                    Councilmembers

APPROVED AS TO FORM AND LEGALITY:


Deputy Corporation Counsel

APPROVED this day of , 2003.


JEREMY HARRIS, Mayor
City and County of Honolulu