Haw. Code R. § 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 agent of the authority. The permit shall be subject
to terms, conditions, and fees set by the authority.
(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 agent
of the authority 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 permit(s) 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;
or
(8) Any other basis for denial
exists that is provided for under this chapter.
(d) The authority or the agent of the
authority 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.
Notes
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