HomeMy WebLinkAboutCOM 0229.003 1996-1998 ~M~r a ty
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Stephen K. Yamashiro Richard Wurdeman
Mayor Corporation Counie!
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OFFICE OF THE CORPORATION COUNSEL COUN?'~,' i=~!<
!01 Aupuni Streeq Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-8251 • Fas (808~1J8622Y HAWAII
15 April 1997
TO: DOMINIC YAGONG
Chair, Public Works Comma tee
FROM: RICHARD D. WURDEMAN
Corporation Counsel
SUBJECT: USE OF SIDEWALKS FOR RESTAURANT PURPOSES
This is in response to your request for comment on the
application of Basil's Restaurant on Alii Drive, Kailua, for a
sidewalk use permit to place tables on the public sidewalk
fronting their establishment, to serve customers.
It is our opinion that the present application is not
appropriate in its present form.
Several ordinances relate to the use of sidewalks in this
County. Sec. 22-20 et. sea., HCC, provides a procedure for
sidewalk use permits, but that procedure is limited to the "city
limits of Hilo". Sec. 22-58 allows the placement of objects on
sidewalk, upon approval of the Council, upon recommendation of
the Civil Engineer.
Whereas, Sec. 22-58 could provide for the placement of the
street furniture which included in this request, provided that
the Chief Engineer makes a recommendation and the Council finds
it appropriate, the activity associated with this placement is
questionable.
The request, although not specific, seems to apply that normal
restaurant table service will be provided, should it be
granted. Sec. 22-31, HCC, prohibits inter alia the selling,
offering for sale, of food by any peddler, or the solicitation
of any orders by any solicitor or canvasses on sidewalks
abutting Alii Drive. A peddler is defined as a person
travelling by foot who carries food, offers the same for sale or
who delivers same. HCC Sec. 22-29(1). A "solicitor" or
"canvasser" is one who takes orders for goods for future
delivery, while travelling on foot. HCC 22-29(2) a~q.O 3 ,
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7ominic Yagong, Ch ,
15 April 1997
Page 2
In this context, it should be noted that the tables planned for
this use are located across the main travelled portion of the
sidewalk from the restaurant. Waiters, therefore, would
necessarily have to cross the sidewalk to take orders from
customers and deliver food for sale. In this capacity,
therefore, we are of the opinion that they would fall within the
ordinance definition of "peddlers" and/or "canvassers" or
"solicitors". To find otherwise, would open the Alii Drive
sidewalks to all varieties of commercial activity, a result
clearly not contemplated by the ordinance.
Should the applicant wish to pursue his plan, therefore, he
should submit a request not only for the placement of the
desired street furniture, pursuant to Sec. 22-58, but for an
exemption by Council resolution, pursuant to Sec. 22-31(b) for
the activity which he proposes.
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