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HomeMy WebLinkAboutORD 2025-068 2024-2026Of COUNTY OF HAWAI`I Ni M r �rE•Of •Mf'� ORDINANCE NO. 25 STATE OF HAWAI`I � i 61 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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I COUN MEMBER, COUNTY OF HAWAI`I Hilo , Hawai`i Date of Introduction: August 20, 2025 Date of 1st Reading: August 20, 2025 Date of 2nd Reading: September 3.9. 2025 Effective Date: September 22, 2025 REFERENCE Comm. 399 PA t Gj i_+' f s 1 y OFFICE OF THE COUNTY CLERKC HAWA;;!. County of Hawaii Hilo, Hawaii '052 Ito I %, Introduced By: James Hustace and Dr. Holeka Goro Inaba Date Introduced: August 20, 2025 First Reading: August 20, 2025 Published: August 29, 2025 Second Reading: September 3, 2025 To Mayor: September 15, 2025 Returned: September 22, 2025 Effective: September 22, 2025 Published: October 3, 2025 REMARKS: ROLL CALL VOTE AYES NOES ABS EX Galimba X Hustace X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Galimba X Hustace X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 6 0 3 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. Approve Disapproved this �g day E? Of �`'�' �� 20 MAYOR, CO UNTY OF HA WAI `I COUNCIL CHAIRPERSON COUNTY CLERK Reference: 71 C-399/PCHSW-4 Ord No.: 25 68