Haw. Code R. § 13-7-7 - Sale or distribution of literature

(a) The sale or distribution of literature is allowed on DLNR land. However, the use of a portable table or chair to sell or distribute literature on DLNR land, in sizes and numbers acceptable to the chairperson, is allowed only if a permit for such use has been issued by the chairperson. No other structure or equipment, including, but not limited to display mats, park surfaces, tents, canopies, podiums, or platforms, shall be used to sell or distribute literature on DLNR land.

(b) An application for a permit under this -section shall set forth the name of the applicant, the name of the organization (if any), the date, time, duration, and location of the proposed sale or distribution, the number of participants, a statement of equipment or facilities to be used, and any other information required by the permit application form. Permittees shall display a copy of this application in plain view on any permitted portable table or chair. Permittees not using a portable table or chair shall keep a copy of this application with them, and shall produce it upon request.

(c) The chairperson shall, without unreasonable delay and provided an application is submitted with reasonable timeliness, issue a permit on proper application unless:

(1) A prior application for a permit for the same time and location has been made that has been or will be granted and the activities authorized by that permit do not reasonably allow multiple occupancy of the particular location;

(2) It reasonably appears that the sale or distribution will present a clear and present danger to the public health and safety;

(3) The number of persons engaged in the sale or distribution exceeds the number that can reasonably be accommodated in the particular location applied for, considering such things as damage to DLNR land resources or facilities, impairment of the atmosphere of peace, tranquility, or recreation in DLNR land, interference with program activities, or impairment of public use facilities;

(4) The location applied for has not been designated as available for the sale or distribution of literature; or

(5) The activity would constitute a Violation of an applicable law or regulation.

(d) If a permit is denied, the applicant shall be informed in writing, with the reason(s) for the denial set forth.

(e) The chairperson shall designate on maps, copies of which shall be available for inspection at all state parks district offices and the office of the chairperson, the locations within DLNR land where permitted activities may occur. Locations may be designated as not available for issuance of permits, only if activities under the permit would:

(1) Cause injury or damage to DLNR land resources;

(2) Unreasonably impair the atmosphere of peace, tranquility, or recreation maintained in DLNR land;

(3) Unreasonably interfere with interpretive, visitor service, or other DLNR program activities;

(4) Substantially impair the operation of public use facilities or services of DLNR concessionaires or contractors; or

(5) Present a clear and present danger to the public health and safety.

(f) The permit may contain such conditions as are reasonably consistent with protection and use of the DLNR land for the purposes for which the DLNR land is managed.

(g) No permit shall be issued for a period in excess of fourteen consecutive days, provided, that a permit may be extended for a like period, upon a new application, unless another applicant has requested use of the same location for the same time period and multiple occupancy of that location is not reasonably possible.

(h) Should the number of applications for a permit exceed the available area at a particular location and time, the chairperson reserves the right to allocate spaces for which permit applications were received in the chairperson's sole discretion, on the basis of a shared use concept.

(I) No person shall engage in the sale or distribution of literature so as to obstruct or impede pedestrians-or vehicles, harass visitors to DLNR land, either verbally or with physical contact, misrepresent the purposes or affiliations of those engaged in the sale or distribution, or misrepresent whether the literature is available without cost or donation.

(j) A permit may be revoked under any of the conditions listed in paragraph ©) that constitute grounds for denial of a permit, or for violation of the terms and conditions of the permit. Such a revocation shall be made in writing, with the reason(s) for revocation clearly set forth, except under emergency circumstances, when an immediate verbal revocation or suspension of the permit may be made, to be followed with a written confirmation within seventy-two hours.

(k) Violation of the terms and conditions of a permit issued in accordance with this section may result in the suspension or revocation of the permit.

Notes

Haw. Code R. § 13-7-7

[Eff MAY 06 1996] (Auth: HRS §§ 171-6, 171-7) (Imp: HRS §§ 171-6, 171-7)