reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-29 Designation of place for business.

§445-29 Designation of place for business.
Every licensed auctioneer shall file with the treasurer of the county in which the auctioneer is licensed, a statement in writing signed by the auctioneer designating the auctioneer's place for holding auction in the county. Upon any change in location, the auctioneer shall immediately file a new designation. [L 1923, c 177, pt of §1; RL 1925, §1976; RL 1935, §2423; RL 1945, §7025; RL 1955, §155-26; HRS §445-29; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-30 Record books.

§445-30 Record books.
Every auctioneer shall keep and preserve a record book in which shall be entered:
(1) A detailed list and description of the property received for sale;
(2) The name of the person from whom, or on account of whom the same is received;
(3) The date upon which the same is received;
(4) The date upon which the same is sold;
(5) The price for which each article is sold;
(6) The name of the person to whom each article is sold;
which record shall, during the regular business hours be open to the inspection of any person desiring to see the same. Every such entry shall be made immediately after each transaction required to be recorded. [L 1896, c 64, §27; RL 1925, §1978; RL 1935, §2425; RL 1945, §7027; RL 1955, §155-27; HRS §445-30]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-31 Bond.

§445-31 Bond.
Every person, upon receiving an auction license, shall give a bond to the treasurer in the penal sum of $3,000, if the license is for the district of Honolulu, and in the penal sum of $500 for other districts, with good and sufficient surety or sureties to be approved by the treasurer, conditioned:
(1) That the person will faithfully and truly keep the records required by section 445-30;
(2) That the person will faithfully, promptly, and truly account to all persons for whom the person may sell property, and promptly pay to them all sums received by the person for sales of the same, after deducting therefrom the person's commissions and expenses;
(3) That the person will not sell goods, wares, merchandise, or other property, except at public auction;
(4) That the person will otherwise in all things conform to the laws relating to auctioneers. [L 1896, c 64, §28; RL 1925, §1979; RL 1935, §2426; RL 1945, §7028; RL 1955, §155-28; HRS §445-31; gen ch 1985]
Case Notes
Cited: 19 H. 651 (1909), aff'd 226 U.S. 184, 191 (1912).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-32 Suit to enjoin violation and action for damages.

§445-32 Suit to enjoin violation and action for damages.
Any person, firm, private corporation, incorporated or unincorporated trade association, may maintain a suit to enjoin a continuance of any act in violation of sections 445-22 to 445-31 and, if injured thereby, have recovery of damages. If in any such suit the court finds that the defendant is violating or has violated any of the sections, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved in order to obtain the injunction.
No proceeding shall be instituted for an injunction unless or until plaintiff or petitioner has notified the defendant of the plaintiff's or petitioner's intention to file the proceeding unless the defendant ceases and desists from continuing to act in violation of any of the sections, the notice to be given at least twenty-four hours previous to the filing of any action. No injunction shall issue in the event that the defendant ceases violating the sections upon the receipt of the notice, but the giving of the notice or the bringing of a suit or action under this section shall not prevent the institution or continuance to completion of a prosecution under section 445-27, or of a suit under section 445-33. [L 1951, c 196, §3; RL 1955, §155-29; HRS §445-32; gen ch 1985]
Rules of Court
Injunctions, see HRCP rule 65.
Case Notes
Injunction issued. 51 H. 502, 463 P.2d 914 (1970).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-33 Suit on bond.

§445-33 Suit on bond.
The treasurer or, by the treasurer's written consent, any person whose property is sold by any auctioneer, concerning which property a record has not been kept as required by section 445-30, or concerning which the auctioneer has otherwise failed to fulfill the terms of the auctioneer's bond, may prosecute the auctioneer under the auctioneer's bond, and recover thereon any actual loss caused to the treasurer or person or sum due to the treasurer or person by the auctioneer, and also the sum of $5 to the use of the treasury for each item by section 445-30 required to be entered in the record which is omitted therefrom, or which is entered therein incorrectly; and the license of the auctioneer may, in the discretion of any judge or court, be canceled. [L 1896, c 64, §29; RL 1925, §1980; RL 1935, §2427; RL 1945, §7029; RL 1955, §155-30; HRS §445-33; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-34 Suit at whose cost.

§445-34 Suit at whose cost.
In case action on the bond is brought by any person other than the treasurer, the action shall be in the name and at the sole cost, charge, and expense of the plaintiff. [L 1896, c 64, §30; RL 1925, §1981; RL 1935, §2428; RL 1945, §7030; RL 1955, §155-31; HRS §445-34]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-35 Auctioneer's charges.

§445-35 Auctioneer's charges.
Every auctioneer may charge a commission at the rates hereinafter set forth upon all sales and collections made by the auctioneer; and the auctioneer may also charge the actual amounts paid by the auctioneer for advertising the sale of any property sold and any other expenses that may be especially agreed upon between the auctioneer and the owner of the property to be sold. The auctioneer may deduct such commissions and expenses from proceeds of any such sales. The rates of commissions are as follows:
(1) Upon all sales of personal property, not more than ten per cent;
(2) Upon all sales of real property, not more than five per cent. [L 1896, c 64, §31; RL 1925, §1982; RL 1935, §2429; RL 1945, §7031; am L 1951, c 186, §1; RL 1955, §155-32; HRS §445-35; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-36 Auctioneer may sue.

§445-36 Auctioneer may sue.
Every auctioneer may sue in the auctioneer's own name any person purchasing property sold by the auctioneer at auction, whether to enforce specific performance of the sale or to collect the purchase price thereof. [L 1896, c 64, §32; RL 1925, §1983; RL 1935, §2430; RL 1945, §7032; RL 1955, §155-33; HRS §445-36; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-37 Public officers, etc., may sell without license.

§445-37 Public officers, etc., may sell without license.
Nothing in any law relating to auction licenses shall extend to or affect sales at auction made by the sheriff, deputy sheriff, police officer, poundmaster, tax collector, or other public officer; or by any personal representative, guardian, assignee, or other person who is required or authorized by law to sell any property at auction, and who shall under such authority sell such property; or by a charitable organization. [L 1896, c 64, §33; RL 1925, §1984; am L 1932 2d, c 63, §4; RL 1935, §2431; RL 1945, §7033; RL 1955, §155-34; am L 1963, c 85, §3; HRS §445-37; am L 1971, c 65, §1; am L 1976, c 200, pt of §1; am L 1989, c 211, §10; am L 1990, c 281, §11]
Case Notes
Partition commissioner appointed by probate court did not need a license to conduct sale. 6 H. 276 (1881).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-38 Auctioneer's agent.

§445-38 Auctioneer's agent.
Any auctioneer may appoint any agent or assistant to act for the auctioneer in the conduct of the auctioneer's auction business, for all of the acts of whom the auctioneer shall be responsible in the same manner as though they were done personally by the auctioneer. [L 1896, c 64, §34; RL 1925, §1985; RL 1935, §2432; RL 1945, §7034; RL 1955, §155-35; HRS §445-38; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-90 Definitions.

Note
Sections 445-91 to 445-96 designated and amended as Part III by L 1990, c 164, §28.
Revision Note
In the designation of new parts by L 1990, c 164, § §445-90 and 445-90.5 are unaccounted for. The revisor classified these sections to this Part.
§445-90 Definitions.
When used in this chapter, unless the context requires otherwise:
"Boardinghouse" means a building or buildings having at least three rooms for the accommodation of six or more unrelated persons and in which the owner or operator furnishes at least one meal per day as part of the accommodations.
"Hotel" means any building or portion thereof or buildings containing more than nine rooming units, in which space is let by the owner or operator to six or more unrelated persons.
"Lodging or tenement house", "group home", "group residence", "group living arrangement", or "rooming house" means any building or portion thereof containing no more than nine rooming units, in which space is let by the owner or operator to three or more unrelated persons.
"Noisy or disorderly conduct" has the same meaning as defined in chapter 711. [L 1986, c 149, §1; am L 1987, c 333, §3; am L 1988, c 313, §2; am L 1996, c 67, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-90.5 Exemption.

§445-90.5 Exemption.
A facility owned or used by a government agency or by a nonprofit agency which is registered with the department of commerce and consumer affairs and providing services by contract for a government agency, shall be exempt from this chapter. [L 1987, c 333, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-94 Clearance required.

§445-94 Clearance required.
No person shall operate a lodging or tenement house, group home, group residence, group living arrangement, hotel, or boardinghouse, until the person secures a clearance from the appropriate county agency responsible for ensuring compliance with county building and zoning codes setting forth that an agent of the agency has examined the building or buildings, proposed to be used for such purposes, with a description sufficient to identify and locate the same; and that the same are in compliance with the building and zoning codes. [L 1896, c 64, §70; am L 1898, c 38, §1; RL 1925, §2055; RL 1935, §2477; RL 1945, §7080; RL 1955, §155-61; am L Sp 1959 2d, c 1, §19; HRS §445-94; am L 1986, c 149, §4; am L 1987, c 333, §5; am L 1988, c 162, §1; am L 1990, c 164, §16; am L 2001, c 35, §4; am L 2009, c 8, §1]
Case Notes
No discretionary power to refuse a license. 11 H. 57 (1897); 12 H. 164 (1899).
Cited: 11 H. 363, 364 (1898); 19 H. 628, 630 (1909).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-95 Conditions for conditional operation.

§445-95 Conditions for conditional operation.
The owner or operator of a lodging or tenement house, group home, group residence, group living arrangement, hotel, or boardinghouse shall:
(1) Not permit noisy or disorderly conduct in the building or buildings;
(2) Not allow any person engaging in acts of prostitution to reside therein or resort thereto;
(3) Not allow intoxicating liquor or other intoxicating substance to be furnished or sold therein, except as authorized by law;
(4) Keep the building or buildings and premises in good sanitary condition, in accordance with law and with the orders of the agent of the department of health;
(5) At all times allow the police and agents of the state department of health and agents of the appropriate county agencies responsible for compliance with the county's building and zoning codes access for purposes of inspection to enforce or administer this chapter and other applicable laws or rules;
(6) Not allow any gaming;
(7) If a lodging or tenement house, group home, group residence, group living arrangement, or boardinghouse, keep records identifying its tenants, lodgers, or boarders; and
(8) Not deliver or purport to deliver health care services or treatment unless it is licensed, certified, or contracted for by the State or other governmental agencies to do so. [L 1896, c 64, §71; RL 1925, §2056; RL 1935, §2478; RL 1945, §7081; RL 1955, §155-62; am L Sp 1959 2d, c 1, §19; HRS §445-95; am L 1986, c 149, §5; am L 1987, c 333, §6; am L 1990, c 164, §17; am L 2001, c 35, §5]
Cross References
Liquor license, see chapter 281.
Case Notes
Building does not lose character as restaurant because portion occupied as dwelling. 11 H. 363 (1898). "Furnish" may include gifts. Id. Subdivision (3) constitutional. Id.
Cited: 11 H. 57, 60 (1897).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-95.1 Unfair or deceptive practices prohibited.

§445-95.1 Unfair or deceptive practices prohibited.
(a) No person shall engage in this State in any act or practice which is prohibited in section 445-95.2 or which is defined in that section as, or determined under that section to be, an unfair or deceptive act or practice in the rooming house business.
(b) Any facility owned or used by a government agency or by a nonprofit agency which is registered with the department of commerce and consumer affairs and providing services by contract for a government agency, shall be exempt from this section.
(c) The department of human services shall enforce the provisions of this section and shall refer to other state and county agencies any violations enforced by those other governmental agencies. [L 1988, c 313, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-95.2 Unfair and deceptive practices defined.

§445-95.2 Unfair and deceptive practices defined.
The following are defined as unfair or deceptive practices in the rooming house business:
(1) Requiring, seeking, or encouraging any resident or prospective resident to execute a power of attorney in which the resident or prospective resident names the rooming house, its owner, or any of its agents or employees as attorney-in-fact;
(2) Making any representation that the rooming house offers medical care, rehabilitation, or therapeutic benefits of any type;
(3) Negotiating public assistance checks payable to a resident;
(4) Refusing to refund any deposit as provided in sections 521-44(c) and 521-66;
(5) Refusing to give any resident a partial rent refund in accordance with section 521-66;
(6) Encouraging, soliciting, or requiring any resident or prospective resident to consent to the release of information concerning the resident or prospective resident which is maintained by any government agency and otherwise confidential;
(7) Encouraging, soliciting, or requiring a resident or prospective resident to:
(A) Turn over food stamps to the rooming house, its agents, or employees; or
(B) Permit authorization to purchase (ATP) food stamp cards to be negotiated by the rooming house, its agents, or employees;
(8) Limiting, hindering, or restricting access of residents who are food stamp recipients to foodstuffs, food containers, refrigerators, or other food storage facilities;
(9) Encouraging, soliciting, or requiring any resident or prospective resident to apply for or receive food stamps if the rooming house has meal service;
(10) Accepting food stamps as payment for or in reduction of rent;
(11) Charging different rents for similar accommodations based on the amount of a resident's public assistance benefits;
(12) Encouraging, soliciting, or requiring any resident or prospective resident to have public assistance benefits mailed to the rooming house, its owner, or its agents or employees; and
(13) Denying any prospective resident or evicting any resident from living accommodations solely on the basis of age or disability. [L 1988, c 313, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-95.3 Powers of the director.

§445-95.3 Powers of the director.
The director of the department of human services may examine and investigate the affairs of every person, partnership, corporation, or other organization engaged in the rooming house business in this State in order to determine whether any unfair or deceptive practice prohibited by section 445-95.1 has been committed. [L 1988, c 313, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-95.4 Penalty. Any person, firm, company, association, or corporation committing any unfair or deceptive practice as defined in section 445-95.2 shall be fined $500 for each violation. [L 1988, c 313, pt of §3]

§445-95.4
Penalty.
Any person, firm, company, association, or corporation committing any unfair or deceptive practice as defined in section 445-95.2 shall be fined $500 for each violation. [L 1988, c 313, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-95.5 Suits by the State.

§445-95.5 Suits by the State.
The director of the department of human services, by and through the attorney general, may bring an action on behalf of the State to enjoin any violation of section 445-95.2, to enjoin any person, partnership, corporation or other organization who has violated section 445-95.2 from continuing to engage in the rooming house business, to collect the penalties provided by section 445-95.4, or to recover any damages sustained by any person injured by a violation of section 445-95.2. In any such action, the State shall also be entitled to recover the costs of suit together with reasonable attorneys' fees. [L 1988, c 313, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-95.6 Suits by individuals.

§445-95.6 Suits by individuals.
Any person injured by a violation of section 445-95.2 has a private right of action and may bring a civil action to recover three times the person's actual damages or $1,000 for each violation, whichever sum is greater. Any person bringing such an action shall also be entitled to recover the person's costs together with reasonable attorneys' fees. [L 1988, c 313, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-95.7 Jurisdiction, venue.

§445-95.7 Jurisdiction, venue.
An action under section 445-95.5 or 445-95.6 shall be brought in the district court and division in which the rooming house is located. [L 1988, c 313, pt of §3]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-96 Penalty.

§445-96 Penalty.
(a) Any person who violates or fails to observe any of the requirements or conditions of this chapter shall be fined not less than $100 nor more than $1,000 per day of violation for each violation.
(b) Any person who intentionally or knowingly obstructs or interferes with the progress of any authorized inspection pursuant to this chapter shall be guilty of a misdemeanor. [L 1896, c 64, §72; RL 1925, §2057; RL 1935, §2479; RL 1945, §7082; RL 1955, §155-63; HRS §445-96; gen ch 1985; am L 1986, c 149, §6; am L 1987, c 333, §7; am L 1990, c 164, §18; am L 2001, c 35, §6]
Cross References
Administrative inspections and warrants, see § §46-15.4 and 46-15.5.
Case Notes
Cited: 11 H. 57, 60 (1897); 11 H. 363, 364 (1898).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-111 Definitions.

Note
Sections 445-111 to 445-121 designated as Part IV by L 1990, c 164, §28.
§445-111 Definitions.
As used in this chapter:
(1) "Outdoor advertising device" means any device which is:
(A) A writing, picture, painting, light, model, display, emblem, sign, or similar device situated outdoors, which is so designed that it draws the attention of persons in any public highway, park, or other public place to any property, services, entertainment, or amusement, bought, sold, rented, hired, offered, or otherwise traded in by any person, or to the place or person where or by whom such buying, selling, renting, hiring, offering, or other trading is carried on;
(B) A sign, poster, notice, bill, or word or words in writing situated outdoors and so designed that it draws the attention of and is read by persons in any public highway, park, or other public place; or
(C) A sign, writing, symbol, or emblem made of lights, or a device or design made of lights so designed that its primary function is not giving light, which is situated outdoors and draws the attention of persons in any public highway, park or other public place.
(2) "Billboard" is any board, fence, or similar structure, whether free-standing or supported by or placed against any wall or structure, which is designed or used for the principal purpose of having outdoor advertising devices placed, posted, or fastened upon it.
(3) Any person who, by oneself or through any agent or independent contractor, maintains or displays any outdoor advertising device, or any person who knowingly causes any outdoor advertising device advertising the person's products, merchandise, or services to be displayed by oneself or any agent or independent contractor; or any person who, being in possession of any land, building, or part of a building, permits any outdoor advertising device on the land, building, or part of a building, shall be deemed to be displaying an outdoor advertising device.
(4) Any person, who, by oneself or through any agent or independent contractor, erects or maintains a billboard or places any outdoor advertising device upon a billboard, or any person who knowingly causes any of the person's products, merchandise, or services to be advertised upon a billboard by oneself or through any agent or independent contractor; or any person who, being in possession of any land, building, or part of a building, knowingly permits a billboard to be erected or to remain on the land, building, or part of a building, shall be deemed to be maintaining a billboard. [L 1965, c 233, pt of §1; Supp, §155-120; HRS §445-111; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-112.5 Vehicular advertising prohibited; penalty.

§445-112.5 Vehicular advertising prohibited; penalty.
(a) It is unlawful for any person to operate or park, or cause to be operated or parked, on any street, roadway, or other public place, or on any private property that can be seen from any street, roadway, or other public place, any vehicle or trailer carrying a vehicular advertising device for consideration or any other economic benefit if the vehicle or trailer is used primarily to display a vehicular advertising device. The phrase "for consideration or any other economic benefit" shall not include any benefit derived by the owner or operator of the vehicle or trailer from the effect of the advertising.
(b) Every day of continued violation of this section shall constitute a separate offense.
(c) Any person convicted of violating this section shall be fined:
(1) Not less than $200 or more than $1,000, for the first offense;
(2) Not less than $500 or more than $2,000 for the second offense; and
(3) Not less than $1,000 or more than $5,000 for the third and subsequent offense.
(d) As used in this section:
"Trailer" means a vehicle or conveyance with or without motive power designed to be pulled or propelled by a vehicle or other form of power.
"Vehicular advertising device" means any sign, writing, picture, poster, painting, notice, bill, model, display, symbol, emblem, or similar device, which is so designed that it draws the attention of persons in any public street, roadway, or other public place. [L 2006, c 222, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-113 Regulation by counties.

§445-113 Regulation by counties.
Except for outdoor advertising devices authorized under section 445-112(16) and (17), the several counties may adopt ordinances regulating billboards and outdoor advertising devices not prohibited by sections 445-111 to 445-121. The ordinances may:
(1) Classify billboards and outdoor advertising devices in the classes set forth in section 445-112, or in any other reasonable manner of classification;
(2) Regulate the size, manner of construction, color, illumination, location, and appearance of any class of billboard or outdoor advertising device;
(3) Prohibit the erection or maintenance of any type of billboard or the displaying of any outdoor advertising device in particular parts, or in all parts, of the county; provided that the prohibition shall not apply to any official notice or sign described in section 445-112(1); and provided further that, unless a county ordinance specifies otherwise, the prohibition shall extend to billboards or outdoor advertising devices located in the airspace or waters beyond the boundaries of the county that are visible from any public highway, park, or other public place located within the county;
(4) Control and license the business of making, erecting, posting, renting, and maintaining outdoor advertising devices and billboards as a business providing advertising for others, and require each person engaging in such business to obtain an annual license, the fee for which shall not exceed $100. The license shall be conditioned upon the maintenance of all outdoor advertising devices and billboards in a safe state, and the observance of sections 445-111 to 445-121 and all applicable ordinances and shall be revocable by the licensing authority upon breach of such condition;
(5) Require that no person, whether licensed under paragraph (4) or not, shall erect or maintain any billboard unless it is licensed by a permit issued by the county, the issuance of which permit shall be conditioned upon compliance with this chapter and all applicable ordinances and the payment to the county of an annual fee not to exceed $25 per billboard; and
(6) Provide for such other regulation of billboards and outdoor advertising devices as will promote the public health, welfare, safety, and convenience; encourage and promote the tourist and visitor trade; conserve and develop the natural beauty of the State, as well as objects and places of historic and cultural interest; foster sightliness and physical good order; and promote the purposes and provisions of sections 445-111 to 445-121. [L 1965, c 233, pt of §1; Supp, §155-122; HRS §445-113; am L 1986, c 245, §2; am L 2005, c 188, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-114 Unlawful posting in public places.

§445-114 Unlawful posting in public places.
Except for a public officer in performance of a public duty, or a private person in giving legal notice on other than utility poles, it shall be unlawful for any person to paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind or cause the same to be done, on any curbstone, lamppost, utility pole, streetlight pole, hydrant, bridge, tree, street sign, traffic sign, or traffic light upon any public property in the State, except as may be required by the ordinances of the county where it is posted, or by the laws of this State or of the United States. [L 1965, c 233, pt of §1; Supp, §155-123; HRS §445-114; am L 1998, c 181, §1]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-115 Same; consent of owner.

§445-115 Same; consent of owner.
It shall be unlawful for any person, except a public officer or employee in performance of a public duty, or a private person in giving legal notice, to paste, post, paint, print, nail, or tack or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind upon any property without the oral or written consent of the owner, holder, lessee, agent, or trustee thereof. [L 1965, c 233, pt of §1; Supp, §155-124; HRS §445-115]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-120 Enforcement by civil suit.

§445-120 Enforcement by civil suit.
Injunction forbidding the erection, maintenance, or display of, or commanding the removal or alteration of any outdoor advertisement or billboard, which does not comply with this statute or any ordinance enacted under the authority of this statute shall be granted upon the suit of the State by the attorney general, or of the county in which the outdoor advertisement or billboard is or probably will be erected, maintained, or displayed, or of the owner of any land, building, or part of a building from which such outdoor advertisement is or will be visible and so conspicuous as to draw attention. Any owner of a freehold or leasehold in such property shall be deemed such owner and entitled to bring such suit. [L 1965, c 233, pt of §1; Supp, §155-129; HRS §445-120]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-121 Penalty.

§445-121 Penalty.
(a) Any person violating any provision of sections 445-111 to 445-121 shall be fined not less than $25 nor more than $500, or imprisoned not more than one month, or both.
(b) In addition to subsection (a), any person acting knowingly, who is either:
(1) Responsible for posting material in violation of section 445-114; or
(2) The person organizing the event or the owner or operator of the business advertised on the posted material,
shall remove the material within seventy-two hours after receipt of written notice of the posting or seventy-two hours after the date of the event advertised on the posted material, whichever occurs first. Failure to remove the posted material within the time specified shall be punishable by an additional fine of not less than $100 nor more than $200 per posted material, or community service of not less than ten hours nor more than twenty hours, or both. Such additional penalties shall not be imposed unless the person received written notice of the posting or was responsible for posting material in violation of section 445-114. [L 1965, c 233, pt of §1; Supp, §155-130; HRS §445-121; am L 1998, c 181, §2]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-131 Definitions.

Note
Sections 445-131 to 445-136 designated as Part V by L 1990, c 164, §28.
Cross References
Sunset evaluations modified, see § §26H-4 and 26H-5.
Pawnbrokers and secondhand dealers, see chapter 486M.
§445-131 Definitions.
As used in this part:
"Holding period" means a period of time not less than thirty days after the maturity date, in which a customer has the right to redeem pledged goods by paying a pawnbroker the amount provided in the applicable pawn transaction agreement and an additional pawn finance charge.
"Maturity date" means the date upon which a pawn transaction agreement expires and the holding period begins to run.
"Month" means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no corresponding date, then the last day of the following month, and when computations are made for a fraction of a month, a day shall be one-thirtieth of a month.
"Pawnbroker" means a person engaged in the business of making pawn transactions, but does not include financial institutions whose deposits are federally insured and companies that are regulated or supervised by the division of financial institutions.
"Pawn finance charge" means the sum of all charges, payable directly or indirectly by the customer and imposed directly or indirectly by the pawnbroker, including charges for insurance, handling, storage, and any other charge imposed incidental to the pawn transaction.
"Pawn transaction" means the act of lending money on the security of pledged goods or the act of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
"Pledged goods" means tangible personal property, other than choses in action, securities, or printed evidences of indebtedness, that is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of the pawnbroker's business and in connection with a pawn transaction. [L 1886, c 28, §1; RL 1925, §2072; RL 1935, §2492; RL 1945, §7096; RL 1955, §155-76; HRS §445-131; am L 1992, c 192, §3]
Case Notes
General rules as to the use of articles pawned stated. 1 H. 74 (1851).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-132 Fee.

§445-132 Fee.
The treasurer may grant licenses for the period of one year, to suitable persons, to carry on the business of pawnbroking upon payment of the sum of $100. [L 1886, c 28, §2; am L 1905, c 35, §1; RL 1925, §2073; RL 1935, §2493; RL 1945, §7097; RL 1955, §155-77; HRS §445-132; am L 1990, c 164, §20]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-134.11 Pawn transaction agreement; disclosure requirements.

§445-134.11 Pawn transaction agreement; disclosure requirements.
(a) All pawn transaction agreements shall be in writing.
(b) The pawnbroker shall provide the customer with a signed copy of the pawn transaction agreement.
(c) The pawn transaction agreement shall include:
(1) The name, address, and telephone number of the pawnbroker;
(2) The name, address, telephone number, and date of birth of the customer;
(3) The type of identification presented by the customer;
(4) The pawn transaction number;
(5) The date on which the pawn transaction agreement is signed;
(6) The net amount paid to, received by, or paid or payable for the account of the customer, expressed as the "amount financed";
(7) The dollar amount of the pawn finance charge, expressed as the "finance charge";
(8) The rate of the pawn finance charge as applied to the amount financed, expressed as the "annual percentage rate";
(9) The total amount that must be paid to redeem the pledged goods on or before the maturity date, expressed as the "total of payments";
(10) An identification of pledged goods, including all serial numbers and model numbers, where available, and any other identifying markings or information;
(11) The maturity date of the pawn transaction;
(12) A statement to the effect that the customer is not obligated to redeem the pledged goods, and the pledged goods shall be forfeited to the pawnbroker upon the expiration of the last holding period, provided that the pledged goods may be redeemed by the customer within the holding period by making payment of the originally agreed total of payments plus an additional pawn finance charge in accordance with section 445-134.12; and
(13) The date on which the holding period expires. [L 1992, c 192, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-134.12 Pawn finance charge. (a) Pawn finance charges shall be deemed to be earned at the time the agreement for the pawn transaction is made and shall not be subject to a refund. (b) The maturity date of any pawn transaction may be changed to a subsequent date no more than two times by agreement between the customer and the pawnbroker upon payment of the pawn finance charge, and in that event the pawnbroker may contract for and receive another pawn finance charge computed in accordance with this part as for a new transaction. (c) Pledged goods not redeemed by the customer on or before the date fixed as the maturity date for the transaction in the pawn agreement shall be held by the pawnbroker for at least thirty days following the maturity date, and may be redeemed by the original customer within the holding period by the payment of an additional pawn finance charge equal to one-thirtieth of the pawn finance charge stated in the pawn transaction agreement for each day following the maturity date, including the day on which the pledged goods are redeemed. (d) Where a pawnbroker is conducting business in accordance with this part, the pawn finance charge shall not be governed by chapter 478. [L 1992, c 192, pt of §2]

§445-134.12
Pawn finance charge.
(a) Pawn finance charges shall be deemed to be earned at the time the agreement for the pawn transaction is made and shall not be subject to a refund.
(b) The maturity date of any pawn transaction may be changed to a subsequent date no more than two times by agreement between the customer and the pawnbroker upon payment of the pawn finance charge, and in that event the pawnbroker may contract for and receive another pawn finance charge computed in accordance with this part as for a new transaction.
(c) Pledged goods not redeemed by the customer on or before the date fixed as the maturity date for the transaction in the pawn agreement shall be held by the pawnbroker for at least thirty days following the maturity date, and may be redeemed by the original customer within the holding period by the payment of an additional pawn finance charge equal to one-thirtieth of the pawn finance charge stated in the pawn transaction agreement for each day following the maturity date, including the day on which the pledged goods are redeemed.
(d) Where a pawnbroker is conducting business in accordance with this part, the pawn finance charge shall not be governed by chapter 478.
[L 1992, c 192, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-134.14 Redemption of pledged goods. (a) Except as otherwise provided by this part, any person properly identified as the customer in a pawn transaction or as the assignee or agent thereof, and presenting a pawn transaction agreement to the pawnbroker, shall be presumed to be entitled to redeem the pledged goods described therein. (b) If a pawn transaction agreement is lost, destroyed, or stolen, the customer may so notify the pawnbroker in writing, and receipt of such notice shall invalidate the pawn transaction agreement as an instrument to redeem the pledged goods, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawn transaction agreement, the pawnbroker may require the customer to sign a written statement or affidavit concerning the loss, destruction, or theft of the pawn transaction agreement. [L 1992, c 192, pt of §2]

§445-134.14
Redemption of pledged goods.
(a) Except as otherwise provided by this part, any person properly identified as the customer in a pawn transaction or as the assignee or agent thereof, and presenting a pawn transaction agreement to the pawnbroker, shall be presumed to be entitled to redeem the pledged goods described therein.
(b) If a pawn transaction agreement is lost, destroyed, or stolen, the customer may so notify the pawnbroker in writing, and receipt of such notice shall invalidate the pawn transaction agreement as an instrument to redeem the pledged goods, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawn transaction agreement, the pawnbroker may require the customer to sign a written statement or affidavit concerning the loss, destruction, or theft of the pawn transaction agreement.
[L 1992, c 192, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-134.15 Pawnbroker's recourse.

§445-134.15 Pawnbroker's recourse.
(a) Unless found to be stolen, mortgaged, or otherwise encumbered, any pledged goods not redeemed within the last holding period may thereafter, at the option of the pawnbroker, be forfeited and become the property of the pawnbroker.
(b) Where the customer has pledged defective goods, the only recourse of a pawnbroker shall be against the pledged goods. [L 1992, c 192, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-134.16 Pawnbroker liability.

§445-134.16 Pawnbroker liability.
Where the pawnbroker has exercised reasonable care in holding pledged goods, a pawnbroker's liability shall be limited to twice the original pawn amount or replacement in kind, at the pawnbroker's option, where the pledged goods have become lost, damaged, or stolen.
[L 1992, c 192, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-134.17 Recordkeeping.

§445-134.17 Recordkeeping.
A copy of all pawn transactions shall be kept on the pawnshop premises and open to inspection by the proper authorities for a period of one year after the maturity date.
[L 1992, c 192, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-134.18 Compliance with other applicable law. All pawnbrokers shall comply with the requirements of chapter 486M. [L 1992, c 192, pt of §2]

§445-134.18
Compliance with other applicable law.
All pawnbrokers shall comply with the requirements of chapter 486M.
[L 1992, c 192, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-134.19 Conformity with federal law. Every pawn transaction agreement that complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the pawn transaction agreement is signed shall be deemed to comply with the disclosure provisions of this part. [L 1992, c 192, pt of §2]

§445-134.19
Conformity with federal law.
Every pawn transaction agreement that complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the pawn transaction agreement is signed shall be deemed to comply with the disclosure provisions of this part.
[L 1992, c 192, pt of §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-135 Acting without license; penalty.

§445-135 Acting without license; penalty.
No person shall engage in business as a pawnbroker without first obtaining a license from the treasurer. Any person who carries on the business of pawnbroker except by authority of the license provided for in this part shall be fined not less than $5,000 nor more than $25,000. [L 1886, c 28, §4; am L 1903, c 8, §2; RL 1925, §2075; RL 1935, §2496; RL 1945, §7100; RL 1955, §155-80; HRS §445-135; am L 1992, c 192, §4]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-136 Breach of condition; penalty.

§445-136 Breach of condition; penalty.
Every licensed pawnbroker who fails to comply with any of the provisions of this part shall be fined not more than $2,500 for each violation and shall forfeit the pawnbroker's license. [L 1886, c 28, §5; am L 1903, c 8, §2; RL 1925, §2076; RL 1935, §2497; RL 1945, §7101; RL 1955, §155-81; HRS §445-136; gen ch 1985; am L 1992, c 192, §5]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-141 Licensing.

Note
Section 445-141 designated as Part VI by L 1990, c 164, §28.
§445-141 Licensing.
Each council shall have the power to enact ordinances providing for the licensing and regulation of any person who peddles merchandise. [L 1907, c 96, pt of §1; am L 1917, c 122, §1; am L 1923, c 111, §1; RL 1925, §2077; RL 1935, §2498; am L 1935, c 182, §1; am L 1939, c 109, §1; RL 1945, §7102; am L 1953, c 230, §1; am L 1955, c 193, §1; RL 1955, §155-82; HRS §445-141; am L 1978, c 182, §2; am L 1990, c 164, §22]
Case Notes
License a tax, when. 36 H. 661 (1944).
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-171 Fee, conditions.

Note
Sections 445-171 and 445-172 designated as Part VII by L 1990, c 164, §28.
Assessment under §26H-4 removed. L 1992, c 232, §1.
Cross References
Pawnbrokers and secondhand dealers, see chapter 486M.
§445-171 Fee, conditions.
The treasurer may grant licenses to suitable persons to be dealers and traders in secondhand articles, and may revoke such licenses for cause satisfactory to the treasurer. The licensees shall pay to the treasurer an annual fee of $10.
Every license granted under this section shall designate the place where the business is carried on and shall continue for one year unless sooner revoked. Every dealer shall keep a book in which shall be written a description of every article received, the name, residence, and a general description of the person from whom, and the time and hour when the article was received. The book, the place where the business is carried on, and the articles of property therein, may be examined at any time by the treasurer, the chief of police, or by any person presenting to such dealer a written authorization so to do from the treasurer or chief of police. [L 1905, c 31, §1; am L 1911, c 54, §1; RL 1925, §2091; am L 1932 1st, c 1, pt of §1; am L 1932 2d, c 66, §13; RL 1935, §2509; RL 1945, §7113; RL 1955, §155-93; HRS §445-171; gen ch 1985]
Cross References
Used motor vehicles parts and accessories, see chapter 289.
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-172 Prohibitions; penalty.

§445-172 Prohibitions; penalty.
Every person who engages in the business of buying or selling secondhand articles, or who deals therein, unless licensed therefor according to law, or after notice that the person's license has been revoked, or who, being licensed, neglects to keep the book and make the entries therein prescribed in section 445-171, or who refuses to allow the inspections in the section prescribed, or who purchases or receives by way of exchange any article from any minor, knowing or having reason to believe that the person is a minor, shall be fined not more than $100. [L 1905, c 31, §2; RL 1925, §2092; RL 1935, §2510; RL 1945, §7114; RL 1955, §155-94; HRS §445-172; gen ch 1985]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-231 Definitions.

Note
Sections 445-231 to 445-235 designated as Part X by L 1990, c 164, §28.
Assessment under §26H-4 removed. L 1992, c 232, §1.
§445-231 Definitions.
As used in this chapter, unless the context otherwise requires:
"Beer keg" means a metal container used to hold five gallons or more of liquid that is stamped, engraved, stenciled, or otherwise marked with the name of a brewery manufacturer; provided that a deposit beverage container, as defined under section 342G-101, shall not be considered a beer keg.
"Copper" means copper in all different forms, including tubing, sheets (includes plates), gutters, down spouts, bars, bare wire or cable, insulated wire or cable, and aluminum/copper coil used in air conditioning and refrigeration.
"Scrap" means any secondhand or used metal except those used motor vehicle parts provided in chapter 289.
"Scrap dealer" means any person engaged in the business of buying, selling, or dealing in scrap, or any person operating, carrying on, conducting, or maintaining a scrap yard.
"Scrap yard" means any yard, plot, space, enclosure, building, or any other place where scrap is collected, stored, gathered together, and kept.
"Urn" means a container that is or has been used to hold human ashes. [L 1976, c 230, pt of §2; am L 2007, c 197, § §1, 7; am L 2008, c 16, §20 and c 53, § §2, 6; am L 2009, c 44, § §1, 2; am L 2016, c 199, §2]
2023 Hawaii Revised Statutes › Title 25. Professions and Occupations › 445. County Licenses › 445-232 License.

§445-232 License.
Any person who engages in the business as a scrap dealer shall be licensed with the treasurer. The treasurer shall have the power to grant license and to revoke such license upon reasonable cause. The annual license fee shall be $10.
Every license granted under this section shall designate the place where business is carried on and sufficient identifying information including the licensee's name, address, general excise tax license number, and other information which may be prescribed by the treasurer. [L 1976, c 230, pt of §2]