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COUNTY OF HAWAI`I
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ORDINANCE NO.
STATE OF HAWAII
BILL NO. ___ 71_
AN ORDINANCE AMENDING CHAPTER 6 OF THE HAWAI`I COUNTY CODE 1983
(2016 EDITION, AS AMENDED) BY ADDING AN ARTICLE, RELATING TO
NALOXONE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Purpose. The purpose of this ordinance is to reduce preventable deaths
from opioid overdoses by requiring all establishments licensed to serve alcohol for on -premises
consumption in the County to maintain naloxone, commonly known as Narcan, on -site.
The availability of naloxone, a life-saving opioid overdose reversal medication, has
proven to be an essential public health tool. The growing prevalence of fentanyl and synthetic
opioids statewide poses a severe threat to the safety of Hawaii Island residents and visitors.
This ordinance intends to align the County of Hawaii with similar harm -reduction efforts
implemented or proposed in other counties, such as in the City and County of Honolulu.
SECTION 2. Chapter 6 of the Hawaii County Code 1983 (2016 Edition, as amended) is
amended by adding an article to be appropriately designated and to read as follows:
"Article _. Naloxone Requirement in Bars.
Section 6- Definitions.
As used in this article:
"Bar" means an establishment licensed by the liquor commission to serve alcoholic
beverages for on -premises consumption, including, but not limited to, restaurants,
dispensers, tour or cruise vessels, cabarets, nightclubs, lounges, brewpubs, small craft
producer pubs, and taverns.
"Naloxone" means a medication approved by the United States Food and Drug
Administration designed to rapidly reverse opioid overdose.
Section 6- Requirement to maintain naloxone.
(a) A bar shall maintain and keep no less than two doses of naloxone nasal spray:
(1) In a manner consistent with recommendations of the manufacturer; and
(2) In a visible and labeled location on the premises that is accessible to
employees during operating hours.
(b) A bar shall ensure that, during operating hours, one or more employees are familiar
with the location of the naloxone doses and with the method of its administration.
Section 6-_ Liability protection.
Any employee or owner of a bar who, in good faith, administers naloxone to an
individual experiencing an apparent opioid overdose is immune from civil liability or
criminal prosecution for any resulting injury, death, or damage, as provided under section
663-1.5 of the Hawaii Revised Statutes.
Section 6- Enforcement and penalties.
(a) The director of liquor control may provide informational materials to bars regarding
this article and naloxone, including its purpose and method of administration.
(b) A bar found in violation of this article may be subject to a fine no more than $500
per day in which the violation persists.
(c) Nothing in this article shall be construed to preclude the liquor commission or
director of liquor control from enforcing any other statute, ordinance, or rule."
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm.399
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAI`I
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C MEMBER, COUNTY OF HAWAI`I
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