Haw. Code R. § 15-210-46 - Permits

Current through February, 2022

(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 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 consisting of fifty or more persons;
(5) Non-recreational, public service activities, meetings, and gatherings held by organizations, communities, or groups consisting of fifty or more persons;
(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) Tympani;
(ii) Maracas;
(iii) Uliuli;
(iv) Castanets;
(v) Tambourine; or
(vi) 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 agent of the authority 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; or
(B) Special use;
(2) The authority or the agent of the authority may issue permits. Permits shall be obtained from the authority. The current address of the authority is: 547 Queen Street, 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 State of Hawaii 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 agent of the authority;
(G) Fees and charges as set by the authority shall be assessed for permits to defray the cost of park maintenance, special facilities, services, or supplies provided by the State, or to meet other conditions as the authority or the agent of the authority 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 agent of the authority 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 agent of the authority. The amount of deposit shall be determined as follows:

Activity/ Event Group Size Deposit
50 - 100 $200
100 - 200 $500
More than 200 $1,000
Events requiring special conditions or equipment $5,000+
(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 agent of the authority; and
(K) Other procedures, terms, and conditions deemed by the authority or the agent of the authority 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 agent of the authority, 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; and
(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 agent of the authority, 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 fifty 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 using the park between the hours of 5:00 a.m. and 10:00 p.m.;
(B) An earlier or later starting time maybe granted by the authority or the agent of the authority 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; and
(4) The authority or the agent of the authority 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 recommended by public safety and/or law enforcement officer.
(e) Special use permits.
(1) Special uses shall be permitted only with a special use permit issued by the authority or the agent of the authority. Special uses are all types of uses other than group use and are 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, concessions, 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);
(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;
(8) The authority or the agent of the authority 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 recommended by public safety and/or law enforcement officer; and
(9) Groups or applicants applying to sell food shall first obtain documentation demonstrating the proper approval from the department of health. The clearance certificate must be presented to the authority before the special use permit may be issued. Liability insurance coverages, including products liability, shall be provided prior to the issuance of the special use permit.

Notes

Haw. Code R. § 15-210-46
[Eff 6/11/05; am and comp 5/25/2007] (Auth: HRS § 206E-4) (Imp: HRS § 206E-4) Am and comp 2/24/2017

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