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Home My WebLink AboutORD 1987-070 1984-1988y ~. N COUNTY OF HAWAI ~ ~-- ~` ~~ ,,,~.„~:fS~ATE OF HAWAII ~, r.,;;~ Bill No. 339 (Draft 4) ORDINANCE NO. 8'7 70 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 1, OF THE HAWAII COUNTY CODE 1983, RELATING TO ALCOHOLIC BEVERAGES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 14, article 1, Hawaii County Code 1983, is amended to read as follows: "Section 14-1. Intoxicating liquors prohibited in certain public places. [(a)] No person shall drink, offer to drink, or display in public view in the following public areas or buildings located thereon, any intoxicating liquors, whether in a bottle, jug, container or otherwise: (1) Public highways and public rights-of-way, public sidewalks, public breakwaters and public seawalls, except seawalls in parks where drinking is not prohibited; (2) Public school grounds and buildings; (3) Public areas or buildings contiguous to all public school grounds and buildings[;], except as provided herein; (4) Public parks, except parks enumerated in section 14-2, on which children's playground equipment, such as slides, jungle jims, seesaws and swings are located; [and, (5) The following public areas: (A) All public areas, except Coconut Island, located on the Banyan Peninsula, makai of Kamehameha Avenue-Kalanianaole Avenue from the Wailoa River estuary to the site of the former (B) (C) (D) (E) (F) (G) (H) by Kinoole Street, (5) Sou Reeds Bay Restaurant; Mooheau Park; Clem A. Akina Park and Pavilion; Kailua Playground; Kalakaua Park; Kaumana Caves; Lincoln Park and Tennis Court; Villa Franca (Keikiland and triangle bounded Hoku Street and Mauna Kea Street.)] th Hilo: (A) Ainaola Park; (B) Clem Akina Park; (C) Ahualani Park; (D) All public areas, except Coconut Island, located on the Waiakea Peninsula, makai of Kamehameha Avenue-Kalanianaole Avenue from the Wailoa River estuary to the site of the former Reeds Bay Restaurant (T.M.K. Nos. 2-1-06:11, 12, 19, and 20); -2- (E) Drag Strip, Hilo; (F) Kalakaua Park; G) Kaumana Caves (H) Keikiland; (I) Lanakila Center; (J) Lincoln Park; (K) Lokahi Park; (L) Mooheau Park; (M) Panaewa Park; (N) Honolii Beach Park; (0) Richardson Park and Center; (P) Skeet and Trap Range; (Q) Waiakea Recreation Center; (R) Waiakea-Waena Playground; (S) Waiolama Canal Archery/Jogging Area; (T) Zoo, Panaewa Rainforest; (U) All cemeteries; (V) All swimming pools; (W) All tennis courts (except Edith Kanakaole (X) Bakers Beach; (Y) Hualani Park; (Z) Mohouli Park. -3- (6) North/South Kona: (A) Kailua Playground; (B) Kuemanu Heiau; (C) Kailua Park, except as provided in section 14-2 (2)(F); (D) All swimming pools; (E) All tennis courts; (F) Higashihara Park; (G) Hillcrest Park; (H) Kona Scenic Park. (7) Ka'u: (A) Pahala School Ground; (B) All swimming pools; (C) All tennis courts. (8) Puna: (A) Glenwood Park; (B) Kalapana Playground; (C) All swimming pools; (D) All tennis courts. (9) North Hilo/Hamakua: (A) Laupahoehoe Playground; (B) All swimming pools; (C) All tennis courts; (D) Waipio Lookout. -4- (10) North/South Kohala: (A) Church Row; (B) All swimming pools; (C) All tennis courts; (D) Waikoloa Highway Park. Section 14-2. Areas requiring permits for intoxicating liquors[.] between the hours of 6 a.m. and 12 midnight. [(a)] No person shall drink, offer to drink, or display in public view in the following public areas or buildings located thereon, any intoxicating liquors, whether in a bottle, jug, container or otherwise, without first obtaining a permit from the chief of police or his authorized representative[:]. Permits shall allow drinking of intoxicating liquors only between the hours of 6 a.m. and 12 midnight. [(1) Honaunau (old school site); (2) Hoolulu Park and Civic Auditorium Complex; (3) Kaiwiki Park; (4) Kamehameha Park; (5) Kurtistown Park; (6) Papaikou Park and Gym; (7) Piihonua Gym and Gilbert Carvalho Park; (8) Waimea Park; (9) Waipio Lookout; -5- (10) A. J. Watt Park and Gym; (11) Coconut Island including park and parking area on mainland; (12) Waiohinu Park; (13) Hale Halawai; (14) Honomu Gym; (15) Waiakea-Uka Park and Gym; (16) Hilo Armory; (17) Arthur L. Greenwell Park and Hall; (18) Hilo Bay Front Park; (19) Haina Park; (20) Honokaa Park Complex; (21) Honokaa Rodeo Arena.] (1) South Hilo: (A) eayfront Beach; (B) Coconut Island; (C) Hilo Armory; (D) Hoolulu Complex; (E) Pomaikai Senior Center; (F) Wainaku Gym; (G) Equestrian Center, Panaewa; (H) Hakalau Park; (I) Honomu Park; (J) Carvalho Park; (K) Pepeekeo Community Center; (L) University Heights Park. -6- 2) North/South Kona: (A) Hale Halawai (B) (C) (D) (E) (F) specifically design (3) Ka'u: (A) Honaunau Arena; Imin Center; Yano Hall; Greenwell Park; That area in the terminal at Kailua Park ated by the director of parks and recreation. Naalehu Park; B) Pahala Community Center. (4) Puna: (A) Pahoa Neighborhood Facility; (B) Volcano Community Center; (C) Kurtistown Park; (D) Mt. View Park; (E) Shipman Park. (5) North Hilo/Hamakua: (A) Honokaa Rodeo Arena; (B) Haina Park; (C) Honokaa Park. (6) North/South Kohala. (A) Kamehameha Park; (B) Kohala Senior Center (C) Waimea Park; D) Waimea Senior Center. -7- Section 14-2.1. Intoxicating liquors allowed between the ours o p.m. an p.m. No person shall drink, offer to drink, or display in public view in the following public areas or buildings located thereon, any intoxicating liquors, whether in a bottle, jug, container or otherwise, except between the hours of 6:00 p.m. and 10:00 p.m. (1) South Hilo: (A) Ainako Park; (B) Kaiwiki Park; (C) Kaumana Park and Playground; (D) Kaumana Lani Park; (E) Kulaimano Park; (F) Malama Park; (G) Papaikou Park; (H) Waiakea-Uka Park; (I) Wainaku Playground. (2) Nort h/South Kona: (A) Reserved. (3) Ka'u: (A) Hawaiian Ocean View Park. (B) Waiohinu Park. (4) Puna: (A) Hawaiian Beaches Park. -8- (5) North Hilo/Hamakua: (A) Ahualoa Park; (B) Laupahoehoe Senior Center (C) Paauilo Park; (D) Papaaloa Park. (6) North/South Kohala: (A) Waikoloa Village Park. Section 14-2.2. Intoxicating liquors allowed between the Persons ours o a.m. an p.m. drink intoxicating liquors in the following public areas or buildings located thereon between the hours of 6 a.m. and 10:00 p.m.: (1) Sou (A) (B) (C) (D) (E) (F) th Hilo: Carlsmith Park; Hilo Senior Center; James Kealoha Beach Park; Kolekole Beach Park; Leleiwi Beach Park; Onekahakaha Beach Park. (2) North/South Kona: (A) Honaunau Boat Ramp; (B) Hookena Beach Park; (C) Kahaluu Beach Park; -9- (D) Magic Sands Beach Park; (E) (F) Manini Point; Milolii Beach Park; (G) Napoopoo Beach Park; (H) Pahoehoe Beach Park; (3) (I) Ka'u: (A) Oneo Park. Punaluu Beach Park; (B) Whittington Beach Park. (4) Puna: (A) Harry K. Brown Park; (B) Isaac Hale Beach Park; (C) Kaimu Beach Park. (5) North (A) Hilo/Hamakua: Kukuihaele Social Hall; (B) Laupahoehoe Beach Park; (C) Waikaumalo Park. (6) North/South Kohala: (A) Kapaa Beach Park; (B) Keokea Beach Park; (C) Mahukona Beach Park; (D) Mahukona Boat Ramp; (E) Spencer Beach Park. -10- Section 14-3. Permit application. (a) Only persons 21 years of age or older who show satisfactory proof of their age and who comply with the requirements set forth in this section shall be entitled to a permit. [(a)](b) Any person desiring to obtain a permit, required by section 14-2, shall make application in writing to the chief of police or his authorized representative. The application shall be signed by the applicant and the person who will be responsible for the conduct of all persons at the gathering or occasion, and shall include: (1) The full name and address of the applicant, if an individual, and, if a firm, association, corporation or club, the full names and addresses of its principal officers. (2) The full name and address of the person who will be responsible for the conduct of all persons at the occasion or gathering. Such person shall be of good moral character. The chief of police or his authorized representative may, in his discretion, require proof of good moral character if he has good reason to doubt the moral character of the person. The proof shall be in the form of an affidavit signed by two or more responsible persons stating the duration and nature of their knowledge and acquaintance with the person and that the person is of good moral character. (3) The place for which a permit is desired. -11- (4) The date and time for which a permit is desired. In no event shall the permit extend beyond [the hours licensed dispensers are permitted by law to serve intoxicating liquors.] 12 midnight. (5) The nature of the occasion or gathering. (6) The approximate number of persons to be in attendance. Section 14-4. Permit conditions. (a) Permits shall be subject to all applicable laws and ordinances and to the following conditions which shall be set forth in the permit: (1) No person who is intoxicated shall be permitted to be or remain upon the premises. (2) No person shall intentionally destroy, damage, or injure any property. (3) No person shall dispose of any refuse, except in receptacles placed on the premises for that purpose. (4) The responsible person shall be present at all times. Section 14-5. Interpretation of article. The provisions of this article shall not be construed.to permit a person to sell intoxicating liquor by obtaining a special license or otherwise. -12- Section 14-6. Penalty. Any person violating any provision of this article or any condition set forth in a permit issued under this article shall, upon conviction, be punished by a fine of not more than $500." SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. 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. Effective date. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: June 15, 1987 Date of 1st Reading: June 15, 1987 Date of 2nd Reading: July 1, 1987 Effective Date: July 13, 1987 -13-