BIL 121 Draft 03 2022-2024 - Laserfiche WebLink

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SECTION 7. Chapter 25, article 4, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding the following new division to read as follows: "Division 1.3. HostinjI Platforms, Transient Accommodation Rentals. Section 25-4-18. Booking services. (a) Any person or entity acting as, or on behalf of, a hosting platform shall not provide and collect, or receive a fee for booking services in connection with any transient accommodation rental that is not lawfully registered or permitted pursuant to this chapter. (b) Hosting platforms shall not collect nor receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a transient accommodation rental that is not lawfully registered or permitted pursuant to this chapter or does not have the appropriate use permit issued pursuant to this chapter. Prohibited ancillary services shall include insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the residential property or unit. Section 25-4-18.1. Registration. (a) Hosting platforms shall not provide booking services to owners or operators of transient accommodation rentals without first registering with the department. To register, a hosting platform shall complete and provide a hosting, registration to the director in a form prescribed by the director, pay a registration fee of $100, and agree in writing to: (1) Obtain written consent from all owners or operators of transient accommodation rentals for the disclosure of the information required by the director; and (2) Furnish such information to the County in accordance with section 25-4-18.2. (b) A hosting platform may cancel its registration by delivering written notice of cancellation to the director. (c) The director may cancel a hosting platform's registration for cause, including any violation of this division. (d) Nothinfi in this section relieves the owner or operator of a transient accommodation rental from the registration requirements set forth in this chapter. Section 25-4-18.2. Reporting. (a) All hosting platforms registered pursuant to section 25-4-18.1 shall submit a monthly report to the director on the date and in the format prescribed by the director, for any transient accommodation rental located within the County for which the hosting platform provide booking services in the preceding month. The report shall include: (1) The tax map key number of each listing; and (2) The transient accommodations tax identification number of the owner or operator of the transient accommodation rental. (b) The director may disclose such information to the appropriate State or County officials to ensure compliance with this Code, State tax laws, and County tax ordinances, and any qpplicable land use laws and ordinances. [Eel