reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-4 Safe or security box for valuables; limitation of liability for deposited valuables.

§486K-4 Safe or security box for valuables; limitation of liability for deposited valuables.
(a) If the keeper of any hotel provides a safe or vault in its office at the hotel for the safekeeping of any valuables belonging to the guests of the hotel, and prominently posts a notice in the room or rooms occupied by the guest stating that a safe or vault is provided in which valuables may be deposited and if any guest neglects to deliver valuables to the person in charge of the safe or vault, the keeper of the hotel shall not be liable in any sum for any loss of valuables sustained by the guest by theft or otherwise unless the loss is due to the negligence or fault of the keeper of the hotel. If the guest delivers valuables to the person in charge of the office for deposit in the safe or vault, the keeper shall not be liable for any loss sustained by the guest by theft or otherwise in any sum exceeding $500; provided that the keeper's liability is limited to $500 only if:
(1) The keeper gives a receipt for the valuables on a form which states, in type large enough to be clearly noticeable, that the keeper is not liable for any loss exceeding $500 except by special agreement in writing in which the keeper agrees to accept liability for losses in excess of $500; and
(2) The loss is not due to the negligence or fault of the keeper of the hotel.
The keeper may accept liability for losses in excess of $500 by special agreement in writing between a guest and the keeper or the keeper's duly authorized representative.
(b) If the keeper of a hotel provides a security box in the room of any guest and prominently posts a notice stating that a security box is provided in which valuables may be deposited and explains the liability for losses therefrom, the keeper of the hotel shall not be liable in any sum for any loss sustained by the guest unless the loss is due to the negligence or fault of the keeper of the hotel. [L 1978, c 234, pt of §3; am L 1981, c 83, §2; gen ch 1985; am L 2008, c 19, §64]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-5 Hotelkeeper's liability for personal property.

§486K-5 Hotelkeeper's liability for personal property.
(a) No hotelkeeper shall be liable in any sum to any guest of the hotel for the loss of wearing apparel, goods, merchandise, or other personal property not mentioned in section 486K-4, unless it appears that the loss occurred through the fault or negligence of the hotelkeeper.
(b) No hotelkeeper shall be liable in any event in any sum for the loss of any article or articles of wearing apparel, cane, umbrella, satchel, valise, bag, box, bundle, or other chattel belonging to any guest of, or in, any hotel, and not within a room or rooms assigned to the guest, unless the same is specially entrusted to the care and custody of the keeper or the keeper's duly authorized agent. If so specially entrusted with any such article belonging to the guest, the keeper shall not be liable for the loss of the article in any sum exceeding $500; provided that the keeper's liability may be in excess of $500 by special agreement in writing with the keeper or the keeper's duly authorized representative. [L 1978, c 234, pt of §3; gen ch 1985; am L 2008, c 19, §65]
Case Notes
Hotelkeeper's common law liability as insurer has been abrogated; liability in case of entrusted property limited to statutory amount. 44 H. 59, 352 P.2d 335.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-5.5 Hotelkeeper's liability limited for certain beach and ocean activities.

§486K-5.5 Hotelkeeper's liability limited for certain beach and ocean activities.
In a claim alleging injury or loss on account of a hazardous condition on a beach or in the ocean, a hotelkeeper shall be liable to a hotel guest for damages for personal injury, death, property damage, or other loss resulting from the hotel guest going onto the beach or into the ocean for a recreational purpose, including wading, swimming, surfing, body surfing, boogie boarding, diving, or snorkeling, only when such loss or injury is caused by the hotelkeeper's failure to warn against a hazardous condition on a beach or in the ocean, known, or which should have been known to a reasonably prudent hotelkeeper, and when the hazardous condition is not known to the guest or would not have been known to a reasonably prudent guest. A hotelkeeper owes no duty and shall have no liability for conditions which were not created by the hotel to a person who is not a guest of the hotel for injury or damage resulting from any beach or ocean activity.
As used in this section, "beach" means the beach fronting the hotel, and "hotel guest" means a guest of that particular hotel and other persons occupying the assigned rooms. [L 1994, c 90, §2]
Case Notes
Defendant's motion for summary judgment denied, where, inter alia, (1) defendant's hotel did not "front" the beach within the meaning of this statute because it was not contiguous with the beach; thus, defendant not protected by the limitations on liability contained in this statute; and (2) court not persuaded by defendant's argument that this statute abrogated the liability of all hotelkeepers for ocean-related injuries. 98 F. Supp. 2d 1129.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-5.6 Hotelkeeper's liability for provision of certain recreational equipment.

§486K-5.6 Hotelkeeper's liability for provision of certain recreational equipment.
(a) Notwithstanding section 663-1.54, a hotelkeeper shall have no duty to instruct or train a user of recreational equipment or to supervise the use of such equipment where the recreational equipment is in fact used without supervision and, at the time of such use, is not part of an activity guided or managed by representatives of the hotelkeeper.
(b) As used in this section, "recreational equipment" includes skin diving masks, snorkels, swim fins, bodysurfing boards, surfboards, canoes, kayaks, bicycles, skates, tennis or golf equipment, weights and exercise equipment, air mattresses, and flotation devices provided by the hotel. "Recreational equipment" does not include:
(1) Any water or land vehicle powered by an engine, motor, or the wind;
(2) Any device, other than a snorkel, that permits a person to breathe while submerged;
(3) Parachutes, parasails, or any equipment designed for flight, gliding, or controlled descent in the air;
(4) Any firearm, airgun, archery equipment; or
(5) Any edged weapon.
(c) Nothing in this section shall bar liability of a hotelkeeper:
(1) For negligence in the maintenance of recreational equipment; or
(2) When a loss or injury is suffered by a hotel guest and is caused by the hotelkeeper's failure to warn against a hazardous condition on a beach or in the ocean, known, or which should have been known to a reasonably prudent hotelkeeper, as specified in section 486K-5.5.
[L 1998, c 302, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-6 Hotelkeeper's liability in case of fire, etc.

§486K-6 Hotelkeeper's liability in case of fire, etc.
A hotelkeeper shall only be liable to any guest of the hotel for ordinary and reasonable care in the custody of money, jewels, bank notes, precious stones, transportation tickets, negotiable or valuable papers, ornaments, baggage, wearing apparel, or other chattels or property belonging to any guest, whether specially entrusted to the keeper or the keeper's agent, or deposited in the safe of the hotel, for any loss occasioned by fire or by any other cause or force over which the hotelkeeper had no control. [L 1978, c 234, pt of §3; gen ch 1985; am L 2008, c 19, §66]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-7 Posting copy of law; damages recoverable by guests.

§486K-7 Posting copy of law; damages recoverable by guests.
The keeper of every hotel shall post in a conspicuous place in the office or public room and in every bedroom of the hotel a printed copy of sections 486K-1 to 486K-8 and a statement of charge or rate of charges by the day for lodging. No charge or sum shall be collected or received by any keeper for any service not actually rendered, or for any item not actually delivered or contracted for, or for any greater or other sum than the keeper is entitled to by the general rules and regulations of the hotel. For any intentional violation of this or any provision herein contained, the offender shall forfeit to the injured party three times the amount of the sum charged in excess of what the offender is entitled to. [L 1978, c 234, pt of §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-8 Extension of stay provision.

§486K-8 Extension of stay provision.
Any guest who intentionally continues to occupy an assigned bedroom beyond the scheduled departure without the prior written approval of the keeper, shall be deemed a trespasser. [L 1978, c 234, pt of §3]
Case Notes
Permits hotel to remove hotel guest's personal belongings from hotel room and to change the room's doorlock so as to prevent hotel guest from re-entering the room without hotel's permission, upon the expiration of the license to occupy mutually agreed to by hotel guest and hotel. 10 H. App. 123, 861 P.2d 736.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-9 Valuation of property.

§486K-9 Valuation of property.
Whenever the value of property is to be determined under sections 486K-4 and 486K-5, the following shall apply:
(1) Value means the market value of the property.
(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertained market value, shall be evaluated as follows:
(A) The value of an instrument constituting an evidence of debt, such as a check, traveler's check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;
(B) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(3) When property has value but that value cannot be ascertained pursuant to the standards set forth above, the value shall be deemed to be an amount not exceeding $50. [L 1978, c 234, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486K. Hotels › 486K-10 Registration required.

§486K-10 Registration required.
Every keeper covered by this chapter shall keep and maintain or cause to be maintained a register in which shall be inscribed the name of each and every guest renting or occupying a bedroom or apartment in such hotel. Such register shall be preserved for a period of not less than six months from the date of departure. [L 1978, c 234, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486M. Pawnbrokers and Secondhand Dealers › 486M-1 Definitions.

§486M-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Article" means any previously owned good or chattel, including, but not limited to, precious or semiprecious metals or precious or semiprecious gems.
"Automated recycling kiosk" means an interactive device that is installed within a secure retail space and performs the following technological functions:
(1) Only accepts for recycling previously owned handheld electronic cellular phone devices;
(2) Verifies a seller's identity through a combination of technology within the kiosk and remote examination of a government-issued identification by a live representative during each transaction;
(3) Securely stores devices accepted by the kiosk;
(4) Records images of the seller and the devices accepted during the transaction;
(5) Possesses computerized record-keeping and transmittal capabilities;
(6) Electronically transmits transaction records to law enforcement within twenty-four hours from when the device was received; and
(7) Can be remotely opened upon request by law enforcement during normal business hours.
"Dealer" means any person, firm, partnership, corporation, or other entity who engages in a business which includes the buying of previously owned [articles,] and includes any pawnbroker or secondhand dealer.
"Government issued identification" means:
(1) A passport issued by the United States of America;
(2) A [driver's] license issued pursuant to any state or District of Columbia law;
(3) An identification card issued by any state or local government or the Bureau of Indian Affairs; or
(4) An identification card issued by any branch of the Armed Forces of the United States of America.
"Pawnbroker" means any person, firm, partnership, corporation, or other entity who advances for interest or for or in expectation of profit, gain, or reward any sum of money upon security of any goods or chattels taken by such person by way of pawn or pledge, and includes any person subject to part V of chapter 445.
"Precious or semiprecious gem" means any of the less common and more valuable stones and pearls, including but not limited to amethyst, diamond, emerald, jade, opal, ruby, sapphire, topaz, turquoise, and zircon, whether natural or synthetic, cut or polished.
"Precious or semiprecious metal" means any of the less common and more valuable metals, including but not limited to gold, silver, platinum, and alloys thereof, without regard to their fineness, but excludes bullion and bullion type coins and bars.
"Secondhand dealer" means any person who trades in secondhand or previously owned articles, including the operation of an automated recycling kiosk, and includes any person subject to part VII of chapter 445. [L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1; am L 1993, c 79, §1; am L 2000, c 92, §1; am L 2021, c 79, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486M. Pawnbrokers and Secondhand Dealers › 486M-3 Transactions by minors prohibited.

§486M-3 Transactions by minors prohibited.
A dealer shall not receive or purchase any article from any person under the age of eighteen. [L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486M. Pawnbrokers and Secondhand Dealers › 486M-4 Minimum retention of items.

§486M-4 Minimum retention of items.
(a) No dealer, or agent, employee, or representative of the dealer, shall alter, melt, deface, break apart, dispose of, or change the character or integrity of the precious or semiprecious metals or precious or semiprecious gems received or purchased for a period of fifteen calendar days after the purchase or possession by the dealer, whichever comes later. Every article received by the dealer or the dealer's agents, employees, or representatives shall be retained by the dealer in the county where received or purchased for a period of fifteen calendar days after the purchase or possession by the dealer, whichever comes later.
(b) Notwithstanding subsection (a) to the contrary, a secondhand dealer operating an automated recycling kiosk shall retain previously owned consumer handheld electronic cellular phone devices for a total period of thirty calendar days from the date they were received or purchased; provided that the secondhand dealer operating an automated recycling kiosk may store the previously owned consumer handheld electronic cellular phone devices at a business location outside the county where the devices were received or purchased; provided further that upon request by law enforcement within the thirty-day retention period, a secondhand dealer operating an automated recycling kiosk shall promptly return any requested devices no later than five business days from the date of the request at no cost to the requesting law enforcement agency. [L 1982, c 282, pt of §2; gen ch 1985; am L 1991, c 120, pt of §1; am L 1998, c 99, §3; am L 2021, c 79, §2; am L 2022, c 108, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486M. Pawnbrokers and Secondhand Dealers › 486M-5 Inspections.

§486M-5 Inspections.
The chief of police of each county or the chief of police's authorized representative may immediately inspect, during normal business hours or whenever the dealer or the dealer's agents or employees are otherwise present, any records required by this chapter and any articles described in those records that the police reasonably believe are stolen goods. [L 1982, c 282, pt of §2; gen ch 1985; am L 1991, c 120, pt of §1; am L 2021, c 79, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486M. Pawnbrokers and Secondhand Dealers › 486M-6 Applicability.

§486M-6 Applicability.
Any dealer who is otherwise licensed shall comply with the provisions of this chapter as a condition of the dealer's license except as to those statutory conditions of the license which are more restrictive. [L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486M. Pawnbrokers and Secondhand Dealers › 486M-7 Penalties.

§486M-7 Penalties.
Any dealer, or any agent, employee, or representative of a dealer who intentionally, knowingly, or recklessly violates any of the provisions of sections 486M-2, 486M-3, or 486M-4, or who refuses to allow the inspection provided for in section 486M-5, and any person who offers or records information that is required under section 486M-2 that the person knows or has reason to know is false, shall be guilty of a misdemeanor. Any dealer, or any agent, employee, or representative of a dealer who is convicted for a second violation of any provision of this chapter shall, in addition to the foregoing penalty, be permanently prohibited from engaging in the business of buying or selling of precious or semiprecious metals or precious or semiprecious gems or any article. [L 1982, c 282, pt of §2; am L 1991, c 120, pt of §1; am L 2021, c 20, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486M. Pawnbrokers and Secondhand Dealers › 486M-8 Severability.

§486M-8 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1982, c 282, pt of §2; ree L 1991, c 120, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-1 Definitions.

§486N-1
Definitions.
As used in this chapter, unless the context otherwise requires:
"Business day" means any calendar day on which the health club is open for inspection and use by the buyer, except Saturdays, Sundays, and state or federal holidays.
"Buyer" means a natural person who enters into a health club contract.
"Contract price" means the price for the purchase of a membership in a health club or for services offered by a health club or for use of the facilities of a health club. Contract price does not include the cost of financing or late charges or penalties.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Health club" means any person operating a business organized for profit, offering facilities or services for the maintenance or development of physical fitness or well-being through physical exercise. Each location at which the facilities or services are offered shall be deemed a separate health club.
"Health club contract" means a contract for membership in a health club, or for services offered by a health club, or for use of facilities of a health club, for a period longer than seven days.
"Social and recreational facilities" means those portions of the facilities of a health club devoted primarily to dining and entertaining. [L 1984, c 161, pt of §1; am L 1989, c 202, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-2 Exemptions.

§486N-2 Exemptions.
This chapter shall not apply to:
(1) Any nonprofit organization;
(2) Any person operating a business primarily for the purpose of teaching a form of self-defense or dance as an art;
(3) Any private club owned and operated by its members;
(4) Any medically related service performed by a doctor legally authorized to practice medicine or osteopathy in the State, in a private office, clinic, or hospital;
(5) The State or any of its political subdivisions;
(6) Any health club which began offering health club contracts or any other contracts in the State prior to December 31, 1969; or
(7) Any club whose function as a health club is only incidental to its overall function and purpose, and whose covered floor space devoted to the maintenance or development of physical fitness or well-being through physical exercise comprises less than thirty-five per cent of the total covered floor space of the club available to members. [L 1984, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-5 Contents of contracts.

§486N-5 Contents of contracts.
In addition to all other requirements of this chapter, every health club contract shall include the following:
(1) The name and address of the health club;
(2) The name and address of the buyer; and
(3) A list of the names and addresses of other clubs, if the contract is transferable for use at other facilities. [L 1984, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-6 Right of cancellation.

§486N-6 Right of cancellation.
(a) Every health club contract may be canceled by the buyer within five business days after the date on which the buyer signs the contract, by mailing or delivering written notice to the health club at an address which is specified in the contract.
(b) Every health club contract shall contain a statement notifying the buyer of the right of cancellation. This statement shall be in a bold face type of a minimum size of ten points, in close proximity to the space reserved for the signature of the buyer, and shall be in substantially the following form:
"You, the buyer, may cancel this contract by mailing or delivering a written notice to this health club. The notice must say that you are canceling this contract and must be postmarked or delivered by midnight of the fifth business day of this health club after signing this contract, excluding Saturdays, Sundays, and state or federal holidays. The notice must be delivered or mailed to:
_______________________________________________________"
Name and mailing address of health club)
(c) Mailing a written notice of cancellation by registered or certified mail within five business days after the date on which the buyer signs the contract shall be conclusive evidence that the notice was timely mailed to the health club. Mailing a written notice of cancellation by regular mail and retaining a duplicate of the signed and dated notice of cancellation shall be prima facie evidence that the notice was mailed to the health club on the date as noted on the notice of cancellation.
(d) Within thirty days of receipt of the notice of cancellation, the health club shall refund to the buyer the entire consideration the buyer paid for the contract, less the fair market value of the services and facilities actually used by the buyer.
(e) The health clubs may condition the refund required by subsection (d) upon the return of membership cards and other similar evidence of membership from the buyer, at the request of the health clubs. [L 1984, c 161, pt of §1]
Revision Note
In subsection (e), subsection (d) substituted for subsection (c).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-7 Cancellation for death or disability.

§486N-7 Cancellation for death or disability.
(a) Every health club contract may be canceled, if by reason of death or disability the buyer is unable to receive all services as contracted. If the inability to receive all services as contracted is due to disability, the buyer shall have the option of extending the duration of the original contract at no cost for a period equal to the duration of the disability.
(b) Every health club contract shall fully disclose the buyer's right of cancellation in the event of death or disability, and the option to extend the duration of the health club contract in the event of disability.
(c) The health club shall have the right to require and verify reasonable evidence of disability or death.
(d) In the event of cancellation due to death or disability, the health club shall immediately refund to the buyer or the buyer's estate, the entire consideration the buyer paid for the health club contract, less an amount computed by dividing the total contract price by the number of weeks in the term of the contract and multiplying the result by the number of weeks elapsed at the time of death or disability.
(e) "Disability", as used in this section, means a condition which has existed for more than thirty days which precludes the buyer from using the facilities or services of the health club, and the condition is verified by a doctor legally authorized to practice medicine or osteopathy in the State. [L 1984, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-8 Duration of contracts.

§486N-8
Duration of contracts.
(a) Every health club contract shall specify the duration of the contract. The unexpired, aggregate term of any health club contract or contracts and any extensions or renewals thereof shall at no time exceed thirty-six months per buyer. In no case shall a health club contract be measured by the life of the buyer or the life of the health club.
(b) A health club contract may not contain an automatic renewal clause. [L 1984, c 161, pt of §1; am L 1989, c 202, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-8.5 Payment of contract price.

§486N-8.5 Payment of contract price.
Every health club contract in excess of one year in duration shall provide that the contract price be paid by an installment plan, whereby no more than twenty per cent of the contract price can be paid as the initial payment, and the balance of the contract price shall be paid in equal monthly amounts over the remaining term of the contract. The health club shall be entitled to charge interest on the overdue unpaid balance of any monthly installment subsequent to the initial payment. The interest charged on the contract shall comply with chapter 478. [L 1989, c 202, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-9 List of equipment and services required.

§486N-9 List of equipment and services required.
Every health club shall provide to each buyer prior to the time the buyer signs the contract, a written list of equipment or services which are or will be available for use by the buyer at the health club, including any conditions or restrictions on the availability of the equipment or services. [L 1984, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-10 Preoperative requirements.

§486N-10
Preoperative requirements.
(a) No health club shall be considered fully operative until substantially all of the equipment and services listed in accordance with section 486N-9 are actually available for use by buyers.
(b) Every health club contract shall provide that the health club will be fully operative on a specified date no later than one year after the contract is signed by the buyer.
(c) If the health club is not fully operative at the time that the buyer signs the health club contract, the buyer shall have until midnight of the fifth business day after the day on which the buyer receives notice by mail that the health club is fully operative to cancel the contract in accordance with section 486N-6.
(d) All moneys received by a health club pursuant to a health club contract prior to the health club being fully operative shall be placed in an escrow account separate and apart from any account maintained by or for the health club's personal use or for use in the construction or operation of the health club or for the payment or benefit of employees of the health club.
The escrow account shall:
(1) Be established in a bank, savings and loan association, or a trust company authorized to do business in the State under an escrow arrangement or corporation licensed as an escrow depository under chapter 449.
(2) Provide that the purpose of the account is to protect the buyer in the event that the health club fails to be fully operative within one year following the advancement of any money by the buyer. Any buyer who has advanced moneys on deposit in the escrow account may maintain an action to recover all moneys advanced or may maintain a representative action to close the account and to release such moneys pro rata to all buyers similarly situated if such health club facility is not fully operative within one year of the advancement of any money by the buyer.
(3) Be closed and released by the escrow agent to the health club only upon the health club becoming fully operative.
Within fifteen business days of a request in the State, or thirty days for out-of-state requests, a statement of the escrow account shall be furnished to buyers who have advanced funds or obligations. [L 1984, c 161, pt of §1; am L 1989, c 202, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486N. Health Clubs › 486N-11 Violation; remedies.

§486N-11 Violation; remedies.
(a) A violation or failure to comply with any of the requirements of this chapter shall constitute an unfair or deceptive act within the meaning of section 480-2.
(b) Any buyer damaged as a result of a violation or failure to comply with any of the requirements of this chapter may bring an action for recovery of damages.
(c) Any health club contract that fails to comply with the requirements of this chapter shall be unenforceable against the buyer. [L 1984, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486P. Tobacco Products Reporting › 486P-1 Definitions.

§486P-1 Definitions.
As used in this chapter:
"Attorney general" means the attorney general of the State of Hawaii.
"Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers, including but not limited to "menthol", "lights", "kings", and "100s", and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.
"Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:
(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(2) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
(3) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in [paragraph] (1) of this definition.
The term "cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette", 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette".
"Master Settlement Agreement" shall have the same meaning as in section 675-2.
"Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.
"Participating manufacturer" has the meaning given that term in section II(jj) of the Master Settlement Agreement and all amendments thereto.
"Qualified escrow fund" shall have the same meaning as in section 675-2.
"Tobacco product manufacturer" means any person that is a "tobacco product manufacturer" as defined in section 675-2.
"Units sold" shall have the same meaning as in section 675-2. [L 2000, c 170, pt of §1; am L 2003, c 77, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486P. Tobacco Products Reporting › 486P-2 Reports to attorney general.

§486P-2 Reports to attorney general.
(a) Except as provided in subsection (b), any tobacco product manufacturer selling cigarettes to consumers within this State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) shall file a report with the attorney general setting forth:
(1) Its name and trade name (if any);
(2) The address of its principal place of business;
(3) A memorandum or a copy of the invoice covering each and every shipment of cigarettes made during the previous calendar quarter into this State; and
(4) Other information as may be required by the attorney general.
The memorandum or copy of the invoice shall include the name and address of the person to whom the shipment was made, the brand, and the quantity of cigarettes shipped. The attorney general may prescribe the format the report shall take. The report shall be filed with the attorney general not later than the thirtieth day of each calendar quarter covering the previous calendar quarter.
(b) In lieu of the reports required to be provided in subsection (a), any tobacco product manufacturer that is a signatory to the Master Settlement Agreement, as defined in section 675-2, and whose cigarettes are sold to consumers within this State (whether directly by the manufacturer or through a distributor, retailer, or similar intermediary or intermediaries), may file with the attorney general copies of reports that the tobacco product manufacturer submits to the department of taxation regarding its sales activities in this State.
(c) Information provided to the attorney general pursuant to this section that tends to identify customers of tobacco product manufacturers, terms of sale (including price), and non-aggregated sales volume data shall be exempt from disclosure under section 92F-11.
(d) Notwithstanding any law to the contrary, the department of taxation shall provide to the attorney general any information necessary for the proper administration and enforcement of this chapter and chapter 675, including: access to inspect, examine, and use the tax returns and records that are required to be filed pursuant to this chapter, chapter 245, chapter 675, or Title 15 United States Code section 376 by any entity engaged in the business of manufacturing, wholesaling, distributing, or dealing in cigarettes or tobacco products on file with the department of taxation. For purposes of this chapter "entity" means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity.
(e) Any entity that is required to file a return or report pursuant to this chapter, chapter 245, chapter 675, or Title 15 United States Code section 376 shall also provide any information that the department of the attorney general may deem necessary, for the proper administration of this chapter or chapter 675. [L 2000, c 170, pt of §1; am L 2001, c 270, §12]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486P. Tobacco Products Reporting › 486P-3 Penalties.

§486P-3 Penalties.
(a) The attorney general may bring a civil action against any entity that fails to file the reports required under this chapter.
(b) The attorney general may bring a civil action against any entity engaged in the business of manufacturing, wholesaling, distributing, importing, or dealing in cigarettes or tobacco products who fails to provide the information that the department of the attorney general may deem necessary, for the proper administration of this chapter or chapter 675.
(c) Notwithstanding the existence of other remedies at law, the attorney general may apply for a temporary or permanent injunction restraining any entity from the sale, use, possession, acquisition, receipt, transportation, or distribution of cigarettes manufactured by a tobacco product manufacturer who knowingly fails to report, provide information, or meet the certification requirements of this chapter. The injunction shall be issued without bond.
(d) The State shall be awarded its attorney's fees and expenses incurred in prosecuting violations of this chapter. [L 2000, c 170, pt of §1; am L 2001, c 270, §13; am L 2003, c 77, §8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486P. Tobacco Products Reporting › 486P-4 Unregistered nonresident or foreign nonparticipating manufacturers; agent; notice.

§486P-4 Unregistered nonresident or foreign nonparticipating manufacturers; agent; notice.
(a) A nonresident or foreign nonparticipating manufacturer that has not registered to do business in this State as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory established under [section] 486P-6, appoint and continually engage without interruption the services of an agent in the United States to act as an agent for the service of process on whom all process, and any action or proceeding against the manufacturer concerning or arising out of the enforcement of this chapter or chapter 675, may be served in any manner authorized by law. Service pursuant to this section shall constitute legal and valid service of process on the nonparticipating manufacturer.
(b) The nonparticipating manufacturer shall provide to the satisfaction of the attorney general, notice of:
(1) The name, address, phone number, and proof of the appointment and availability of the manufacturer's agent;
(2) Termination of the authority of an agent by the manufacturer, thirty calendar days prior to termination, and proof of the appointment of a new agent to the satisfaction of the attorney general no less than five calendar days prior to the termination of an existing agent appointment; and
(3) The termination of the authority of an agent by the agent, within five calendar days of the termination, and at the same time, proof of the appointment of a new agent to the satisfaction of the attorney general. [L 2003, c 77, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486P. Tobacco Products Reporting › 486P-6 Directory; updates; information to be maintained and provided.

§486P-6 Directory; updates; information to be maintained and provided.
(a) Not later than November 1, 2003, the attorney general shall develop and make available for public inspection, a directory that includes a list of all tobacco product manufacturers that have provided a current and accurate certification conforming to the requirements of section 486P-5, and a list of all brand families that are listed in the certification; provided that:
(1) The attorney general shall not include or retain in the directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the attorney general determines is not in compliance with section 486P-5 unless the attorney general has determined that such violation has been cured to the satisfaction of the attorney general;
(2) Neither a tobacco product manufacturer nor a brand family shall be included or retained in the directory if the attorney general concludes, in the case of a nonparticipating manufacturer, that:
(A) Any escrow payment required pursuant to section 675-3(b)(1) for any period for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general; or
(B) Any outstanding final judgment, including interest thereon, for a violation of section 675-3(b) has not been fully satisfied by the manufacturer or brand family.
(b) The attorney general shall update the directory as necessary to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter.
(c) Every entity licensed under chapter 245 shall:
(1) Provide to the attorney general and update as necessary an electronic mail address for the purpose of receiving any notifications hereunder; and
(2) Not later than thirty days after the end of each month, and more frequently if so directed by the attorney general, submit to the attorney general such information as the attorney general requires to facilitate compliance with this chapter, including but not limited to:
(A) A list by brand family of the total number of cigarettes, or in the case of roll-your-own, the equivalent stick count for which the licensee affixed stamps during the previous calendar month or otherwise paid the tax due for such cigarettes; and
(B) Samples of each brand family, as may be necessary to enable the attorney general to determine whether a tobacco product manufacturer or licensed entity is in compliance with this chapter.
(3) Maintain, and make available to the attorney general, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the attorney general for a period of five years. [L 2003, c 77, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486P. Tobacco Products Reporting › 486P-7 Use and disclosure of information.

§486P-7 Use and disclosure of information.
The information received by the attorney general under this chapter shall be used only for purposes of enforcement of this chapter, chapter 245, and chapter 675; provided that the attorney general may share any information with authorities of other states or the federal government for the purpose of enforcement of similar state statutes upon receipt of adequate assurance from those authorities that the information will be used only for that purpose.
Information received by the attorney general under this chapter that tends to identify customers of tobacco product manufacturers, terms of sale, including price, and nonaggregated sales volume data, shall be exempt from disclosure under section 92F-11. [L 2003, c 77, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 487. Consumer Protection › 487-1 Legislative intent.

§487-1 Legislative intent.
The public health, welfare and interest require a strong and effective consumer protection program to protect the interests of both the consumer public and the legitimate business person. Toward this end, a permanent office of consumer protection is created to coordinate the services offered to the consumer by various state and county agencies, together with private organizations, and to aid in the development of preventive and remedial programs affecting the interest of the consumer public. [L 1969, c 175, §1; gen ch 1993]
Case Notes
A duty of care may be established by statute if a legislative enactment lays down requirements of conduct, and provides expressly or by implication that a violation shall entail civil liability in tort; as this section states the purpose behind the creation of an office of consumer protection but does not provide any standard governing conduct or any provision which prescribes a duty, this section does not create nor is indicative of a standard of care in a claim for negligence. 128 H. 423, 290 P.3d 493 (2012).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 487. Consumer Protection › 487-2 Office of consumer protection; director.

§487-2 Office of consumer protection; director.
There is created within the department of commerce and consumer affairs an office of consumer protection. The director of commerce and consumer affairs shall be the director of the office of consumer protection and may appoint an executive director of the office of consumer protection. The executive director shall have been admitted to practice law before the supreme court of this State and shall be exempt from chapter 76. [L 1969, c 175, §2; am L 1980, c 302, pt of §2; am L 1982, c 204, §2; gen ch 1985; am L 1988, c 60, §3; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 487. Consumer Protection › 487-3 Personnel.

§487-3 Personnel.
(a) The director may appoint as staff members persons who have been admitted to practice law before the supreme court of this State without regard to chapter 76. All other employees shall be appointed by the director in accordance with chapter 76.
(b) The director may, by contract, retain the services of special consumer protection attorneys for the prosecution of consumer-related matters. The special consumer protection attorneys shall serve at the pleasure of the director. At the option of the director, special consumer protection attorneys may be compensated on a fixed-price basis, an hourly rate basis, with or without a fixed cap, or through a contingent fee arrangement to be specified in the contract and payable out of all sums the special consumer protection attorney recovers for the State by judgment, order, assurance of voluntary compliance, or settlement. [L 1969, c 175, §3; am L 1995, c 73, §3; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 487. Consumer Protection › 487-4 Salary and duties of executive director; benefits.

§487-4 Salary and duties of executive director; benefits.
The director may define the executive director's powers and duties and fix the executive director's compensation. The executive director and attorney staff members shall be entitled to participate in any employee benefit plan. [L 1969, c 175, §4; am L 1975, c 58, §21; am L 1982, c 129, §18; am L 1986, c 128, §16; am L 1988, c 60, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 487. Consumer Protection › 487-6 Consumer advisory council.

§487-6 Consumer advisory council.
There shall be a consumer advisory council consisting of eleven members who shall be appointed by the governor and serve at the governor's pleasure. There shall be at least one member from each of the counties of the State. The chairperson of the council shall be selected by the members. Each member shall serve without pay and shall be reimbursed for necessary expenses incurred while attending meetings and while in the discharge of the member's responsibilities. The council shall assist the office of consumer protection and the director of commerce and consumer affairs in an advisory capacity in carrying out the duties and functions of the office. [L 1969, c 175, §7; am L 1982, c 204, §3; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 487. Consumer Protection › 487-7 Cooperation with office of consumer protection.

§487-7 Cooperation with office of consumer protection.
Each department, agency, officer and employee of the State and of the counties shall cooperate with and assist the office of consumer protection in the performance of the functions, powers and duties of the office. [L 1969, c 175, §7]