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HomeMy WebLinkAboutBIL 0892 Draft 01 1980-1984ORDINANCE Intr. By: LAI Re: Amendment to Liquor Ordinance Refer: C=971 /PWC- 186 Reten. MB No. Bill 892: Prohibits the sale, possession or consumption of intoxicating liquor in certain public parks and places; provides penalties therefore; and repeals Section 6, Article 2, Chapter 3, of the Hawaii County Code. PWC - 10/18/82 PWC -186 - approve & adopt BiZZ on 1st reading & refer back to PWC 1605 - for further review - 11/17/82 1606 1st Reading: November 17, 1982 1612 AYES: 8 A&E: 1 - Mr. DahZberg PWC - 11/17/82 BILL NO. 892 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE PROHIBITING THE SALE, POSSESSION OR CONSUMPTION OF INTOXICATING LIQUOR IN CERTAIN PUBLIC PARKS AND PLACES; PROVIDING PENALTIES THEREFOR; AND REPEALING SECTION 6, ARTICLE 2, CHAPTER 3, OF THE HAWAII COUNTY CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article 2, Chapter 3, of the Hawaii County Code is amended by repealing in its entirety Section 6 thereof. SECTION 2. Article 2, Chapter 3, of the Hawaii County Code is further amended by adding Section 6 thereto, which section shall read as follows: "SECTION 6. INTOXICATING LIQUORS IN PUBLIC PLACES SUBSECTION 6.01. INTENT It is hereby declared to be the legislative intent of the Council of the County of Hawaii to prohibit or regulate the sale, possession, or consumption of intoxicating liquors in certain public places in order to decrease the risk of injury to persons or property connected with the use of certain public places or facilities, and in order to prevent the disruption of the peace and order of certain public places and facilities. SUBSECTION 6.02. DEFINITIONS As used in this section, unless a different meaning is clearly required: l A. 'Competent authority' means a duly authorized police officer from the Hawaii County Police Department or the Director. B. 'Director' means the Director of Parks and Recreation of the County of Hawaii or his duly authorized representative. C. 'Intoxicating liquor' has the same meaning as the term is defined in Section 281-1, Hawaii Revised Statutes, as amended. D. 'Liquor Commission' means the Liquor Commission of the County of Hawaii. E. 'Organized youth -oriented activities' means games, contests, tournaments, and other events in which minors play or participate and which are organized, conducted, or sponsored for the benefit of minors. F. 'Public park' means any public park, playground, community center, ballfield, gymnasium, or other such public facility owned or operated by the County of Hawaii and includes all buildings, breakwaters, seawalls, structures, and parking areas located within or serving such public park. G. 'Public place' means a place to which the public or a substantial group of persons has access and includes highways; sidewalks; rights of way; transportation facilities; places of amusement or business except places where food, beverages, or entertainment are sold; cemeteries; and parking areas serving such places. For the purposes of this section, the term 'public place' does not include public parks. -2- 1 H. 'Responsible individual' means the individual responsible for the conduct of all persons at an event or occasion at which the sale or consumption of intoxicating liquor is allowed by permit. I. 'Rule' means a rule or regulation adopted by the Director pursuant to the provisions of this section. J. 'Sell' or 'sale' have the same meaning as the terms are defined in Section 281-1, Hawaii Revised Statutes, as amended. SUBSECTION 6.03. ABSOLUTE PROHIBITIONS It shall be unlawful for any person to sell, drink, or consume any intoxicating liquor, or possess any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or for which a seal has been broken, or the contents of which have been partially removed, in the following public areas: A. All public places as defined in Subsection 6.02G. B. All public places as defined in Subsection 6.02G and located on the Banyan Penin-sula, City of Hilo, being all that area makai of Kamehameha Avenue-Kalanianaole Avenue, bounded on the north end by the Wailoa River Estuary and bounded on the south end by the southeast corner of Banyan Way and Kalanianaole Avenue. C. All of the following public parks: 1. Archery Range adjacent to Waiolama Canal. 2. Kailua Playground. -3- 3. Kalakaua Park. 4. Kaumana Caves. 5. Keikiland Park. 6. Kuawa Park. 7. Lincoln Park. 8. Panaewa Rainforest Zoo. 9. Skeet Range. 10. Waimea Playground. 11. Waipio Lookout. 12. All swimming pools owned or operated by the County of Hawaii. 13. All tennis courts owned and operated by the County of Hawaii. D. All other public parks, unless such person has obtained a permit for the sale or consumption of intoxicating liquor in such park pursuant to the provisions of this section or unless such person attends an event or occasion for which such a permit has been issued. E. All parking areas located within or serving any public park, notwithstanding the issuance of a permit for the sale or consumption of intoxicating liquor in such park. SUBSECTION 6.04. CONSUMPTION OF INTOXICATING LIQUOR ALLOWED IN CERTAIN PUBLIC PARKS BY SPECIAL PERMIT A. Consumption allowed by special permit. A person may consume or possess intoxicating liquor in all -4- public parks where such activity is not absolutely prohibited in Subsection 6.03C if such person first obtains a special permit therefor pursuant to the provisions of Subsection 6.05, or if such person attends an event or occasion for which such a special permit has been obtained. B. Permit for exclusive use also required in certain public parks before a special permit is obtained. A person may not obtain a special permit for the consumption of intoxicating liquor in a public park where public recreational or community programs are regularly conducted by the Department of Parks and Recreation, on its behalf or by its authority, unless such person also obtains a permit, lease, or similar authorization for the exclusive use of such park for the same period of time as the intoxicating liquor is intended to be consumed. SUBSECTION 6.05. PROCEDURE FOR OBTAINING SPECIAL PERMIT FOR CONSUMPTION OF INTOXICATING LIQUOR The Director may, in his discretion, issue a special permit for the consumption of intoxicating liquor in public parks where such activity is not absolutely prohibited in Subsection 6.03C if it appears to the director's satisfaction that all of the following conditions have been met: A. The person applying for a special permit provides all of the following information on a form designated by the Director for such purpose: -5- 1. Name, date of birth, address, and social security number of the applicant and the responsible individual, if a natural person; and if the applicant is a firm, association, corporation, club, or partnership, the names, dates of birth, and addresses of its principal officers or general partners; 2. The public park for which a permit is desired; 3. The date(s) and periods of time for which a permit is desired; 4. The nature of the occasion for which a permit is desired; 5. The estimated number of people to be in attendance; and B. The applicant has not previously violated any provision of this section or any rule; and C. Issuance of such a permit would not conflict with the exclusive use of a public park by another person; and D. Issuance of such a permit would not conflict with the concurrent use of the public park by minors playing or participating in previously scheduled organized youth -oriented activities; and E. The Director is satisfied that the consumption of intoxicating liquor at such occasion would not be conducive to the disruption of the peace and order of such public park. CM SUBSECTION 6.06. WHEN SALE OF INTOXICATING LIQUORS PERMITTED The sale of intoxicating liquor is permitted in any public park in which the consumption or possession of intoxicating liquor is allowed by special permit pursuant to Subsection 6.04 or rule, if the person making such sale first obtains both a permit for such sale from the Director in accordance with the provisions of Subsections 6.07 and 6.08 and a special license for such sale from the Liquor Commission in accordance with the Liquor Commission's rules and regulations and Chapter 281, Hawaii Revised Statutes, as amended. SUBSECTION 6.07. PROCEDURE FOR OBTAINING PERMIT FOR SALE OF INTOXICATING LIQUOR Any person desiring to sell intoxicating liquor pursuant to the provisions of Subsection 6.06 shall make application for a permit therefor in writing to the Director no later than ten working days in advance of the desired date of sale on a form designated by the Director for such purpose. Such application shall be signed by the applicant and the responsible individual and shall include the following information: A. The full name, date of birth, address, and social security number of the applicant and the responsible individual if a natural person; and if a firm, association, corporation, club, or partnership, the full names, dates of birth, and addresses of its principal officers or general partners. -7- B. The place for which a permit is desired. C. The date'and period of time for which a permit is desired. In no event shall said permit extend beyond the hours for which licensed dispensers are permitted by law to serve intoxicating liquors. D. The nature of the occasion for which a permit is desired. E. The estimated number of people to be in attendance. SUBSECTION 6.08. CONDITIONS OF ISSUANCE OF PERMIT FOR SALE OF INTOXICATING LIQUOR The Director shall not issue a permit for'the sale of intoxicating liquors unless all of the following conditions have been met: A. Neither the applicant nor the responsible individual has been convicted of a felony in any state and not pardoned; B. Neither the applicant nor the responsible individual has had a liquor license issued under Chapter 281, Hawaii Revised Statutes, revoked or suspended; C. Neither the applicant nor the responsible individual has previously violated any provisions of this section or any rule; D. Issuance of such a permit would not conflict with the concurrent use of the public park by another person who has previously been issued a permit for the sale or consumption of intoxicating liquor in such park; E. Issuance of a permit would not conflict with the concurrent use of the public park by minors playing or participating in previously scheduled organized youth -oriented activities. F. The applicant submits to the Director a security deposit in the sum of $200. Such security deposit shall be refunded to the applicant unless the applicant fails to submit the gross liquor sales charge and gross income report required by Subsection 6.09E or unless the applicant fails to restore the public park to its condition prior to the use of the public park by the applicant. The Director may seek additional damages from the applicant when the cost of repair or litter removal exceeds the amount of the deposit. SUBSECTION 6.09. CONDITIONS OF SPECIAL PERMITS AND PERMIT FOR THE SALE OF INTOXICATING LIQUOR All persons to whom a permit for the sale or consumption of intoxicating liquor has been issued pursuant to the provisions of this section shall be subject to all applicable laws and shall be responsible for compliance with the following conditions which shall be set forth on the permit: A. No person at the occasion for which such a permit has been issued who is under the influence of intoxicating liquor or conducting himself in a disorderly manner shall be permitted by the applicant or the responsible individual to be or remain upon the public park grounds. B. No person at the occasion for which such a permit has been issued shall damage -or injure any property. C. No person at the occasion for which such a permit has been issued shall throw or dispose of any refuse or waste materials, except in receptacles placed on the public park grounds for such purpose. D. No intoxicating liquor shall be permitted by the applicant or responsible individual to be dispensed or consumed in any container constructed of glass or other material which shatters upon impact. E. The applicant or responsible individual shall be present from the beginning to the end of the occasion. F. The person to whom such a permit has been issued or the responsible individual shall cause the sale or consumption of intoxicating liquor at such occasion to cease immediately when instructed to do so by a competent authority after such authority has reasonable cause to believe that there has been a violation of this section. G. The person to whom a permit for the sale or consumption of intoxicating has been issued or the responsible person shall require the sale or consumption of intoxicating liquor to be confined to the area or building designated by the Director for such purpose. -10 H. All liquor sales made pursuant to a permit for the sale of intoxicating liquor shall be subject to a charge equal to five per cent of the gross receipts for such sales, such charge to be due and payable to the Department of Parks and Recreation within fourteen days following such sales. The applicant shall submit, along with such charge, a gross income report, specifying the total amount of gross receipts derived from such sales on a form designated by the Director. I. The person to whom a permit is issued shall indemnify, hold harmless the County of Hawaii, its officers, employees, and agents from and against any and all manner of injury or damage to County employees or County property and from and against any and all manner of injury or damage to any other person or property of whatsoever kind and nature, arising out of, resulting from, or sustained in connection with, the activities conducted under or related to such permit. SUBSECTION 6.10. RULEMAKING AUTHORITY The Director may adopt reasonable rules and regulations as are necessary for the purpose of the administration of this section, including the designation of whether the sale, consumption, or possession of intoxicating liquor shall be absolutely prohibited or regulated in public parks which are opened or operated by the County of Hawaii after the date of -11- the adoption of this section. All such rules shall be adopted in accordance with the Administrative Procedures Act, Chapter 91, Hawaii Revised Statutes, and with Section 13-7 of the Hawaii County Charter and shall have the force and effect of law. SUBSECTION 6.11. PENALTY Any person violating any provision of this section, any rule adopted by the Director, or the terms of any permit issued pursuant to this section shall be guilty of a petty misdemeanor for each separate offense and be subject to a fine not exceeding $500, or imprisonment for a term not to exceed thirty days, or both." SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the remaining portions of this ordinance. SECTION 4. This ordinance shall take effect three months after the date of its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: November 17, 1982 Date of Adoption: Decei4bex 8, 1982 Effective Date: -12- C Hilo, Hawaii Date: November 17. 1982 FIRST READING AYES NOES A/E Dahlberg AYES NOES x De Luz X Domingo X Fujii Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X Chr. Yamashiro Publication Date: Hilo, Hawaii Date: Decemher R_ 1982 SECOND & FINAL READING AYES NOES A/E Dahlberg De Luz Domingo Fujii Hale Kawahara Lai Schutte Chr. Yamashiro Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Approved/Disapproved this day of , 19 Mayor, County of Hawaii Council Chairman County Clerk Bill No. 892 Reference: C-9.71/PWC-186 M.B. No. Ord. No.