Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 210 - RULES, REGULATIONS, CHARGES, AND FEES FOR PARKS › Subchapter 3 - COMMERCIAL ACTIVITIES › Section 15-210-30 - General commercial use permit provisions

Current through June, 2024
All commercial use permits shall be subject to the
					 following provisions:
(1) Permits
				  shall not be transferable or assignable, unless explicitly authorized in the
				  approved permit;
(2) Permits shall
				  be site and use specific;
(3)
				  Persons or organizations to which permits are issued are bound by the permit
				  conditions stipulated on or attached to the permit;
(4) Permittee shall comply with all
				  applicable laws, rules, and regulations of the federal, state, and county
				  governments. Issuance of a permit is not a grant of any other approvals that
				  may be required of the permittee for the permitted activity, nor does a permit
				  exempt the permittee or the permitted activity from any applicable laws, rules,
				  ordinances, and regulations of any federal, state, or county
				  governments;
(5) Permittee shall at
				  all times have comprehensive general liability insurance in minimum amounts
				  that may be set by the authority, listing the State of Hawaii as an additional
				  insured;
(6) Permittee shall have
				  the permit at the site and produce it upon request;
(7) Depending upon type and intensity of the
				  commercial activity, a refundable security deposit may be required by the
				  authority or the agent of the authority. The security deposit shall be refunded
				  if the area used by the permittee has been cleaned and restored to an
				  acceptable condition upon expiration of the permit or if the permit is canceled
				  prior to use. The authority may retain all or part of the security deposit for
				  cleaning and site restoration purposes. Retention of the security deposit shall
				  not preclude the authority from pursuing other legal remedies to address
				  cleaning and site restoration if required;
(8) The use of the premises shall not be in
				  support of any policy that discriminates against anyone based on race,
				  religion, color, sex, national origin, marital status, sexual orientation,
				  familial status, ancestry, physical handicap, disability, age, or HIV (human
				  immunodeficiency virus) status;
(9)
				  Permittee shall not transport onto the premises nor cause or permit the escape,
				  disposal, or release of any hazardous materials except as permitted by law.
				  "Hazardous materials" shall mean any pollutant, toxic substance, hazardous
				  waste, hazardous substance, or oil as defined in or pursuant to the Resource
				  Conservation Recovery Act, as amended, the Comprehensive Environmental
				  Response, Compensation and Liability Act, as amended, the Federal Clean Water
				  Act, or any other federal, state, or local environmental law, regulation,
				  ordinance, rule or bylaw, whether existing as of the effective date of these
				  rules, previously enforced, or subsequently enacted or amended;
(10) Any other restrictions or conditions may
				  be imposed by the authority to protect the integrity, condition, and safety of,
				  or access for the general public to the premises; provided restrictions and
				  conditions may include, but are not limited to, the size of the area available
				  for the activity, location of the activity, the type of activity, seasonal and
				  weather restrictions, intensity of the activity or the requirement to hire
				  licensed security services deemed necessary by the authority or the agent of
				  the authority;
(11) The issuance of
				  a permit shall not constitute a vested property interest, but is a privilege
				  granted for the use of the premises for a specified activity and time
				  period;
(12) Failure to use the
				  permit at the designated time and place, not due to an act of interference by
				  the authority, shall not result in a refund or credit against paid
				  fees;
(13) Permits are not
				  automatically renewable. Granting of a permit does not entitle the permittee to
				  re-issuance of the permit;
(14)
				  Permittee shall be responsible for the cleanup and hauling away, and any costs
				  associated therewith, of any trash resulting from the permittee's activity;
				  and
(15) Permittee may charge a
				  reasonable admission fee to any person desiring to enter the premises for the
				  purpose of observing the permitted event.