PD Background & Recommendation Report (PL-CCI-2024-000003) Bill 121

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COUNTY OF HAWAII STATE OF HAWAII BILL NO. 121 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLES 1, 4, AND 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSIENT ACCOMMODATION RENTALS AND HOSTING PLATFORMS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by repealing the definition of "short term vacation rental". short term use of an owner's primary residence as defined under section 121 of the Internal Revenue Code."] SECTION 2. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by adding the following new definitions to be appropriately inserted and to read as follows: 'Booking services" means intermediary services that facilitate the advertisements and listings of, reservations of, or collection of payment for transient accommodation rentals." "Event" means a formal congregation, which may or may not include the engagement of professional services, that is not typical in residential areas, such as wedding receptions, concerts, or promotional events." "Gathering" means an informal congregation typical of residential areas, such as a picnic, family dinner, or small birthday party, where attendees stay within the parking area accompanying a transient accommodation rental." "Hosting platform" means a business or person that provides a marketplace through which transient accommodation rentals may be offered for rent." "Operator" means any person operating a transient accommodation rental on behalf of a property owner, who resides on the same building site as the transient accommodation rental and uses it as their permanent address for legal purposes." 'Operator -hosted" means any transient accommodation rental hosted by an operator."