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<br /> OCT. 1.20)7 6:50PM EICKERTON 40 <br /> B[CICERTON ¦ LEE ¦ DANG ¦ SUL1.IV~N <br /> n EY MITED LIAGILITY LAw PAAl'N ERSITYP <br /> MEMOTtANDUM <br /> TO: Members of the Hawaii County Council <br /> FROM: Bickerton Lee Dang & Sullivan <br /> RE: Ho`omalu Hawaii's Testimony Regazdirlg Bill No. 167 for an Ordinance a: ~,rr,<-:,.. <br /> Chapter 25, Zoning Code, Hawaii County Code 1983 (2005 Edition, as An : ndec'. i <br /> Relating to Retail Establishments <br /> DATE,: October 1, 2007 <br /> Summary of Testimony <br /> We support Bill No. 167 for the following reasons: <br /> (1) This County has authority tinder the constitutions of both the Unite;.: ~ ..s alli <br /> the State of Hawaii to regulate activities that impact the health and welfare of commw ity lli:l <br /> No. 167 is substantially similaz to ordinances adopted by other cities and counties ac r: ~s 111e <br /> United States that have withstood rigorous constitutional challenges in United Sta~:es i :cleral <br /> court and the state courts as a valid exercise of city/county authority to protect corvtll: ;liter he~JtL'•. <br /> and welfare. <br /> (2) Ordinances substantially similar to Bill No. 167 have successfully cu~tti~ed tYte <br /> operation of"superstores" in other communities across the United States. This is ~°ca use tt:? <br /> ordincnce is designed to restrict the business mode] that that is essential to the fungi c; , o z <br /> "superstore" and which has been repeatedly shown to have substantial, deleterious. iI n? nets of <br /> cotmunities. While there maybe similaz business models that would-be "superst nl : ne-ai ~ r. <br /> may seek to create, Ho`amalu Hawaii i5 unaware of any existing "superstore" bus'.nrs . lncidrl <br /> that does not require the combination of extraordinary total floor areas, [azge bnoa:r~ r rl;as, and <br /> extraordinary large numbers of stockkeeping units (`°STCUs"). Thus, while additicvl 1 e:sulal :r~. <br /> in the future may be warranted, Bill No. 167 effectively regulates the "superstore' b 1; :.css <br /> model that is actually in use across the country. <br /> (3) We contend that whether Bill No. 167, like other reasonable zoning r~z ulation. <br /> that this Council has adapted or may in the future adopt, applies to Hawaiian hom: !aI rls i8 <br /> irrelevant. Simply stated, Bill No. 167 is a valid exercise of the County's regulatory ~a~er and <br /> will extend to activities on all lands subject to its authority in this regard To the e:x:el t it is <br /> considered relevant, and as discussed herein, we believe the law is clear that Hawaiia* hcm~ <br /> lands in Hawaii County would be subject to Bill No. 167. <br /> 1. Bill No. 167 is C'aref`ully Tailored to Protect the Community gad A Val l l ~'7 xe rcis a u ` <br /> the County's Power <br /> Bill No. 167, for an ordinance to amend the Zoning Code to prohibit "superstores' is il l zoo ~g <br /> districts (the "Proposed Ordinance"), has been carefully drafted and will effective?y mevent ~:ti~: <br /> introduction of superstores in Hawaii County. <br /> Tops Financial Center, Fori Street Tower • 7A5 Port $lrtrY, Suite 8~1 • Honolulu, Hawaii 9~ s:.3 <br /> Phone: 808.599.3811 Fax: 808.533.2467 Web: Yvww.BSDS.com <br /> <br />