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HomeMy WebLinkAboutChapter 06 Businesses CHAPTER 6 BUSINESSES Article 1. Cemeteries. Section 6-1. Prohibition. Section 6-2. Application. Section 6-3. Referral to planning commission. Section 6-4. Other requirements. Section 6-5. Penalty. Section 6-6. County plots; fee; dimensions. Section 6-7. Cemetery fund. Article 2. Commercial Bicycle Tours. Section 6-8. Definitions. Section 6-9. Applicability. Section 6-10. Annual registration. Section 6-11. Authority to restrict. Section 6-12. Prohibited highways for commercial bicycle tours. Section 6-13. Penalties. Section 6-14. Disposition of funds. Section 6-15. Administrative rules. Section 6-16. Repealed. Section 6-17. Repealed. Section 6-18. Repealed. Section 6-19. Repealed. Section 6-20. Repealed. Section 6-21. Repealed. Section 6-22. Repealed. Section 6-23. Repealed. Section 6-24. Repealed. Article 3. Mobile Homes. Section 6-25. Definitions. Section 6-26. License. Section 6-27. License application; initial; transfer. Section 6-28. Conformity with other laws. Article 4. Miscellaneous Business Licenses. Section 6-29. County business licenses. Section 6-30. Elimination of business licenses. i UNOFFICIAL ADVANCE SHEET Updated on September 1, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. Article 5. Licensing of Auctioneers. Section 6-31. Purpose. Section 6-32. Definitions. Section 6-33. Exceptions. Section 6-34. Applicability. Section 6-35. Fee. Section 6-36. Authority to conduct auctions. Section 6-37. Adverse interest of auctioneer prohibited. Section 6-38. Receipts to purchasers required. Section 6-39. Violation - penalty. Article 6. Naloxone Requirement in Bars. Section 6-40. Definitions. Section 6-41. Requirement to maintain naloxone. Section 6-42. Liability protection. Section 6-43. Enforcement and penalties. Article 7. Transient Vacation Rentals. Division 1. General Provisions. Section 6-44. Definitions. Section 6-45. Administrative enforcement. Section 6-46. Rulemaking authority. Section 6-47. Applicability. Division 2. Registration. Section 6-48. Certain rentals deemed registered. Section 6-49. Registration. Section 6-50. Failure to register. Section 6-51. Annual renewal. Section 6-52. Cancellation. Section 6-53. Rights and responsibilities unaffected. Division 3. Hosting Platforms. Section 6-54. Applicability. Section 6-55. Registration required. Section 6-56. Reporting. Section 6-57. Violation; penalties. ii UNOFFICIAL ADVANCE SHEET Updated on September 1, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. B USINESSES § 6-1 CHAPTER 6 BUSINESSES Article 1. Cemeteries. Section 6-1. Prohibition. No cemetery shall be established, nor shall the area of any existing cemetery be enlarged or extended without the approval of the council, evidenced by a resolution. (1983 CC, c 6, art 1, sec 6-1.) 6-1 Section 6-2. Application. (a) Any person requesting that the council pass a resolution establishing, enlarging or (1) A certificate of approval by the State department of health of the proposed cemetery site or extension as evidence of compliance with its regulations. (2) A complete description of the land included within the proposed cemetery site or extension. (3) A map or plan showing the proposed project. (4) Evidence of approval relative to noncontamination of water services by the department of water supply. (5) A deposit of $100 to cover cost of publication of notices and other expenses that may be incurred in connection with the application. (6) An abstract or certificate of title of the proposed cemetery site or extension. (1983 CC, c 6, art 1, sec 6-2.)6-2 Section 6-3. Referral to planning commission. Before final action is taken by the council, the application and related maps and documents will be referred to either the windward or leeward planning commission, or both acting jointly, as provided in the Charter. The designated planning commission, or joint commission, shall: (1) Study the proposed project in relation to any zoning ordinances, statutes, general plan, and policies and rules and regulations of the planning commission. (2) Conduct a public hearing on the application, pursuant to provisions governing public hearings under this Code. (3) Submit its recommendation to the council. (1983 CC, c 6, art 1, sec 6-3; am 2009, ord 09-118, sec 13.)6-3 6-1 § 6-4 H AWAII C OUNTY C ODE Section 6-4. Other requirements. No cemetery shall be located on land which is not owned in fee simple. The section of a proposed location which is set aside for interment shall be free of any financial encumbrance. After the approval of a proposed location, it shall be unlawful to encumber any section thereof which is set aside for interment. Lands which are transferred to the County by State executive order for the establishment, enlargement, or extension of any cemetery shall be exempt from the conditions of this section. (1983 CC, c 6, art 1, sec 6-4.)6-4 Section 6-5. Penalty. Any person convicted of violating sections 6-1 and 6-4 of this article shall be punished by a fine not exceeding $500. (1983 CC, c 6, art 1, sec 6-5.)6-5 Section 6-6. County plots; fee; dimensions. For each County owned cemetery plot sold at the Alae Cemetery, the director of the department of parks and recreation of the County shall collect a fee established by duly promulgated rules of the department, exclusive of the cost of digging and covering the plot. Each cemetery plot shall not exceed nine feet in length and four feet in width. (1983 CC, c 6, art 1, sec 6-6; am 1996, ord 96-22, sec 2.) 6-6 Section 6-7. Cemetery fund. The moneys collected under section 6-6 shall be deposited with the County finance director in a cemetery fund. All moneys deposited in the cemetery fund shall be expended for the improvement, maintenance, and upkeep of Alae Cemetery. (1983 CC, c 6, art 1, sec 6-7.)6-7 Article 2. Commercial Bicycle Tours. Section 6-8. \[Former\] Repealed. (1983 CC, c 6, art 2, sec 6-8; rep 2023, ord 23-29, sec 1.)6-8 Section 6-8. Definitions. As used in this article, unless the context clearly requires otherwise: - from place to place on bicycles for pleasure, recreation, and sightseeing, and is operated ours and unguided bicycle tours. by the owner, an employee, or an agent of the bicycle tour business providing the bicycle tour for the duration of the tour. SUPP. 17 (1-2025) 6-2 B USINESSES § 6-8 Statutes. led by the owner, an employee, or an agent of the bicycle tour business throughout the ride, and in which transportation to or from the route is provided or arranged by the bicycle tour business. (2024, ord 24-51, sec 2.)6-8 Section 6-9. \[Former\] Repealed. (1983 CC, c 6, art 2, sec 6-9; rep 2023, ord 23-29, sec 1.)6-9 Section 6-9. Applicability. This article shall apply to all commercial bicycle tours on any public highway, or any designated portion thereof. (2024, ord 24-51, sec 2.)6-9 Section 6-10. \[Former\] Repealed. (1983 CC, c 6, art 2, sec 6-10; rep 2023, ord 23-29, sec 1.)6-10 Section 6-10. Annual registration. (a) Prior to the first day of each January, any business or person operating a commercial bicycle tour in the County shall register or renew annually with the director of finance, which registration shall be made in such form as prescribed by the director of finance and shall include: (1) The name, business address, mailing address, phone number, and e-mail of the registrant; (2) The name and contact information of any representatives authorized to act on behalf of the registrant; (3) Locations, areas, and routes to the utilized for bicycle tours, tour schedule, and the maximum number of participants per tour group; (4) Written and notarized permission from any property owner whose property the commercial bicycle tour traverses; and (5) A description of all moveable structures, including trailers or mobile containers, used in conjunction with the bicycle tour business. (b) A registration fee shall accompany the annual registration, which shall be $500 for the initial registration and $250 for each annual renewal. Failure to register shall incur a fine of $1,000. (2024, ord 24-51, sec 2.)6-10 Section 6-11. \[Former\] Repealed. (1983 CC, c 6, art 2, sec 6-11; rep 2023, ord 23-29, sec 1.)6-11 SUPP. 17 (1-2025) 6-2.1 § 6-11 H AWAII C OUNTY C ODE Section 6-11. Authority to restrict. (a) The council may by ordinance prohibit commercial bicycle tours on designated portions of public highways due to substandard road conditions. (b) Prior to taking final action on any such ordinance, the council shall request the respective recommendations of the chief of police, the director of public works, and other public officials deemed appropriate as to whether the operation of commercial bicycle tours on the affected highways, or portions thereof, should be prohibited. The chief of police and director of public works shall provide their respective recommendation within forty-five days of the request by the council. (c) With respect to any prohibition considered by the council, conditions considered substandard for non-vehicle use may include unpaved gravel road surfaces, narrow travel-lane pavement widths, lack of or insufficient shoulder areas, limited lines of sight, one-lane bridges, steep roadway grades, and any other condition deemed unsafe by the director of public works. (2024, ord 24-51, sec 2.)6-11 Section 6-12. \[Former\] Repealed. (1983 CC, c 6, art 2, sec 6-12; rep 2023, ord 23-29, sec 1.)6-12 Section 6-12. Prohibited highways for commercial bicycle tours. In accordance with section 6-11 and when signs are erected giving notice thereof, commercial bicycle tours shall not operate on the following public highways: - water supply water tank. (b) North Hilo (c) South Hilo (e) Kohala Akoni Pule Highway, from the twenty-five mile marker to its terminus Kohala Mountain Road, from the junction with Route 250 and Route 19, (f) Kona (g) Puna (2024, ord 24-51, sec 2; ord 24-98, sec 1; am 2025, ord 25-35, sec 1.)6-12 SUPP. 18 (7-2025) 6-2.2 B USINESSES § 6-13 Section 6-13. \[Former\] Repealed. (1983 CC, c 6, art 2, sec 6-13; rep 2023, ord 23-29, sec 1.)6-13 Section 6-13. Penalties. Any bicycle tour business that operates a commercial bicycle tour on a prohibited highway shall be subject to: (1) A fine of not more than $500 for the first offense; and (2) A fine of not less than $1,000 per bicycle for the second or subsequent offense committed within one year of the date of the first offense. (2024, ord 24-51, sec 2.)6-13 Section 6-14. \[Former\] Repealed. (1983 CC, c 6, art 2, sec 6-14; rep 2023, ord 23-29, sec 1.)6-14 Section 6-14. Disposition of funds. All monies collected under this article shall be deposited into the general fund and used exclusively for supporting bicycle and pedestrian safety education. (2024, ord 24-51, sec 2.)6-14 Section 6-15. \[Former\] Repealed. (1983 CC, c 6, art 2, sec 6-15; rep 2023, ord 23-29, sec 1.)6-15 Section 6-15. Administrative rules. The director of finance may adopt administrative rules pursuant to chapter 91, Hawaii Revised Statutes, as may be necessary to implement this article. (2024, ord 24-51, sec 2.)6-15 Section 6-16. Repealed. (1983 CC, c 6, art 2, sec 6-16; rep 2023, ord 23-29, sec 1.)6-16 Section 6-17. Repealed. (1983 CC, c 6, art 2, sec 6-17; rep 2023, ord 23-29, sec 1.)6-17 Section 6-18. Repealed. (1983 CC, c 6, art 2, sec 6-18; rep 2023, ord 23-29, sec 1.)Error! Reference source not found. Section 6-19. Repealed. (1983 CC, c 6, art 2, sec 6-19; rep 2023, ord 23-29, sec 1.)Error! Reference source not found. Section 6-20. Repealed. (1983 CC, c 6, art 2, sec 6-20; rep 2023, ord 23-29, sec 1.)Error! Reference source not found. SUPP. 17 (1-2025) 6-2.3 § 6-21 H AWAII C OUNTY C ODE Section 6-21. Repealed. (1983 CC, c 6, art 2, sec 6-21; rep 2023, ord 23-29, sec 1.)Error! Reference source not found. Section 6-22. Repealed. (1983 CC, c 6, art 2, sec 6-22; rep 2023, ord 23-29, sec 1.)Error! Reference source not found. Section 6-23. Repealed. (1983 CC, c 6, art 2, sec 6-23; rep 2023, ord 23-29, sec 1.)6-23 Section 6-24. Repealed. (1983 CC, c 6, art 2, sec 6-24; rep 2023, ord 23-29, sec 1.)6-24 SUPP. 17 (1-2025) 6-2.4 B USINESSES This page intentionally left blank. SUPP. 17 (1-2025) 6-3 § 6-25 H AWAII C OUNTY C ODE Article 3. Mobile Homes. Section 6-25. Definitions. (1) foundation other than wheels, jacks or blocks and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. (2) homes occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodation. (3) or corporation. (1983 CC, c 6, art 3, sec 6-25.) 6-25 Section 6-26. License. It shall be unlawful for any person to maintain or operate a mobile home park within the County, unless such person first obtains a license. (1983 CC, c 6, art 3, sec 6-26.)6-26 Section 6-27. License application; initial; transfer. (a) Application for an initial mobile home park license shall be filed with and issued by either the windward or leeward planning commission, or both acting jointly, as provided in the Charter. The application shall be in writing, signed by the applicant and shall include the following: (1) The name and address of the applicant; (2) The location and legal description of the mobile home park; and (3) Such further information as may be requested by the designated planning commission, or joint commission, to enable it to determine if the proposed park will be compatible with existing and proposed land uses and complies with all legal requirements. (b) If the applicant is of good moral character, and the proposed mobile home park will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this article and all other applicable statutes, ordinances, and regulations, the designated planning commission, or joint commission, may approve the application, and upon completion of the park according to the plans shall issue the license. A ruling by the joint commission shall require the affirmative vote of a majority of the combined membership of both commissions. (c) Upon application in writing for transfer of a license, the designated planning commission, or joint commission, shall issue a transfer if the transferee is of good moral character. (1983 CC, c 6, art 3, sec 6-27; am 2009, ord 09-118, sec 14.)6-27 SUPP. 14 (7-2023) 6-4 B USINESSES § 6-28 Section 6-28. Conformity with other laws. All mobile homes shall conform to the County building code, and the public health housing code (chapter 2 of the State public health regulations),* except: (1) When parked in a licensed mobile home park; (2) When occupied for dwelling or sleeping purposes outside of a licensed mobile home park for less than thirty days in any one location. (1983 CC, c 6, art 3, sec 6-28.)6-28 * The public health regulations of the department of health relating to housing were repealed. Article 4. Miscellaneous Business Licenses. Section 6-29. County business licenses. The director of finance shall issue County licenses to businesses as required by -30 of this article. (1989, ord 89-41, sec 2.)6-29 Section 6-30. Elimination of business licenses. The following businesses are not required to obtain an annual County license or to pay an annual County license fee: (1) The sale of beef or pork. (2) The manufacture of food products. (3) The operation of a laundry. (4) The keeping of a lodging or tenement house, hotel, boarding house or restaurant. (5) The production, processing or preparation of milk. (6) The sale of tobacco, cigars, and cigarettes. (7) The carrying of freight and baggage. (8) The carrying of passengers. (1989, ord 89-41, sec 2.)6-30 Article 5. Licensing of Auctioneers. Section 6-31. Purpose. The purpose of this article is to provide for a licensing mechanism for auctioneers which was eliminated by Act 232 of the 1992 State Legislature, but which is still required in the Federal Bankruptcy Court. (1995, ord 95-140, sec 1.)6-31 Section 6-32. Definitions. any goods, wares, merchandise or other personal property in an auction room. SUPP. 14 (7-2023) 6-5 § 6-32 H AWAII C OUNTY C ODE other personal or real property at auction. duly authorized subordinate(s). (1995, ord 95-140, sec 1.)6-32 Section 6-33. Exceptions. (a) Nothing contained in this article shall be construed to apply to any type of auction which is exempt from the requirements of section 445- (b) Auctions conducted by nonprofit organizations for charitable purposes shall also be exempt from the provisions of this Article. (1995, ord 95-140, sec 1.) 6-33 Section 6-34. Applicability. It shall be unlawful for any person to sell, offer for sale or expose for sale at public auction any personal property without obtaining a license issued by the director in accordance with the terms, conditions and penalties enumerated in chapter 445, Hawa (1995, ord 95-140, sec 1.) 6-34 Section 6-35. Fee. The annual fee for a license to sell, offer for sale or expose for sale any property at (1995, ord 95-140, sec 1.) 6-35 Section 6-36. Authority to conduct auctions. (a) It is unlawful for any person, other than an auctioneer who has obtained a license, to conduct an auction, provided that the auctioneer may appoint an agent or licensee is a corporation, it shall appoint and designate a person to be its (b) The auctioneer, its agent or assistant or if a corporation shall post a copy of the license and bond, if required, in a conspicuous place that is visible and accessible to any interested persons at the time of the auction. (1995, ord 95-140, sec 1.) 6-36 Section 6-37. Adverse interest of auctioneer prohibited. Every auctioneer conducting an auction shall, in accepting a bid from any person, become the agent of such bidder and remain so until a higher bid is accepted or until the transaction involving the bid is completed. The auctioneer must disclose publicly to all prospective buyers any proprietary interest that the auctioneer has in any personal or real property to be sold at the auction. (1995, ord 95-140, sec 1.) 6-37 SUPP. 14 (7-2023) 6-6 B USINESSES § 6-38 Section 6-38. Receipts to purchasers required. The auctioneer shall give each purchaser at an auction a receipt with each purchase setting forth: (a) The name and permanent address of the auctioneer. (b) The date. (c) The price paid for the article. (d) The amount of tax paid. (e) A description of the article. (1995, ord 95-140, sec 1.) 6-38 Section 6-39. Violation - penalty. Any person violating any provision of this article shall, upon conviction, be auction shall be subject to suspension or forfeitures. (1995, ord 95-140, sec 1.)6-39 Article 6. Naloxone Requirement in Bars. Section 6-40. Definitions. As used in this article: 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. Administration designed to rapidly reverse opioid overdose. (2025, ord 25-68, sec 2.)6-32 Section 6-41. 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. (2025, ord 25-68, sec 2.)6-31 Section 6-42. 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- (2025, ord 25-68, sec 2.) 6-33 SUPP. 19 (1-2026) 6-7 § 6-43 H AWAII C OUNTY C ODE Section 6-43. 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. (2025, ord 25-68, sec 2.) 6-33 Article 7. Transient Vacation Rentals. Division 1. General Provisions. Section 6-44. Definitions. When used in this article: or proprietor of a TVR and a prospective occupant, transient, or user thereof, facilitates any of the following: (1) The offering, listing, or advertising of a TVR to rent; (2) The making, holding, or arranging of reservations for a TVR; and (3) Payment for use of a TVR, whether whole or partial and whether made to the owner, host, or proprietor or to a hosting platform. a TVR and who resides there while the TVR is rented. -71(e) of this Code. (1) Respond via telephone to a request or message from a guest, neighbor, or County agency within one hour of receiving the request or message; and (2) Be physically present at a TVR within three hours of receiving a request to do so from a guest, neighbor, or County agency. apartment, suite, shelter, or the like: (1) That is, or is offered to be, furnished and rented to a transient: (A) For a rental period less than one hundred and eighty consecutive days; and (B) In exchange for money, goods, services, or other consideration; and (2) Excluding hotels, motels, inns, apartment hotels, boarding facilities, lodges, timeshares, and tents. - while the TVR is rented. (2025, ord 25-50, sec 1.) 6-44 6-8 UNOFFICIAL ADVANCE SHEET Updated on September 1, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. B USINESSES § 6-45 Section 6-45. Administrative enforcement. (a) Fines assessed under this article are due and payable in the manner and before the date specified in the order assessing such fines. (b) In the case of a hosted TVR, the owner and the host of a TVR are jointly and severally liable for all fines and penalties assessed under this article. (c) Decisions made by the planning director pursuant to this article are appealable as under chapter 25, article 2, division 2, of this Code. (d) In all respects not otherwise provided for, any notice or order issued under this article is subject to and must be made in accordance with section 25-2-35 of this Code. (e) Use of a TVR is subject to chapter 25 of this Code. (f) The County may disclose any information reported or collected under this article to any governmental department or office for the purpose of ensuring compliance with State or County law. (2025, ord 25-50, sec 1; am 2026, ord 26-63, sec 1.) 6-45 Section 6-46. Rulemaking authority. The director of finance and planning director may, whether separately or jointly, purposes of this article. (2025, ord 25-50, sec 1.) 6-46 Section 6-47. Applicability. This article does not apply to any accommodation, lease, letting, or rental activity: (1) (2) (3) Furnished to a health care worker temporarily employed at a medical facility in the County; or (4) Authorized by a declaration of a state of emergency. (2025, ord 25-50, sec 1.)6-47 Division 2. Registration. Section 6-48. Certain rentals deemed registered. (a) Notwithstanding any provision to the contrary, a short-term vacation rental registered under section 25-4-16 of this Code prior to the effective date of this ordinance is deemed separately registered for the purposes of this article, subject to renewal under section 6-51, cancellation, and all other provisions of this article as if made in accordance with section 6-49. (b) A TVR that is permitted by a use permit issued under chapter 25 of this Code or a -6, prior to the effective date of this ordinance, is deemed registered for the purposes of subsection (c) and exempt in all other respects from this article. (c) For a TVR deemed registered under this section, the director of finance shall issue the owner a registration number. (2025, ord 25-50, sec 1; am 2026, ord 26-63, sec 4.)6-48 6-9 UNOFFICIAL ADVANCE SHEET Updated on September 22, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. § 6-49 H AWAII C OUNTY C ODE Section 6-49. Registration. (a) A person may not operate a TVR on any property, unless and until the owner first registers it with the planning director in a format prescribed by the planning director that includes: (1) The street address and tax map key of the property; (2) The name, phone number, and e-mail of the owner and the host or other reachable person; (3) The number of bedrooms available to rent, and whether they are rented individually or as a whole; (4) A site drawing showing the location of all structures on the property, including the TVR; (5) A declaration attesting that the TVR complies with the health and safety requirements as may be required by the County; (6) A certificate of tax clearance or other documentation from the department of finance showing that the owner does not owe the County any delinquent real property or transient accommodations tax, including any penalties or interest; (7) (A) section 237-9; and (B) Transient accommodations tax certificate of registration under the -4 or 237D-4.5; (8) A signed statement acknowledging that operation of a TVR may affect the real property tax liability of the owner; (9) Other information or material as the planning director may require; and (10) A registration fee of $250 or $500, in the case of a hosted or un-hosted TVR, respectively. (b) Upon determination that registration is complete, the planning director shall issue the owner a registration number for the TVR. (c) It is the duty of the owner to maintain the currency and accuracy of information provided in connection with a registered TVR and to accordingly update the planning director and the director of finance whenever any such information becomes outdated or inaccurate or when the owner elects to terminate the registration. (d) Registration expires ninety days after a change in ownership of the property occurs, and any TVR not theretofore registered by the new owner shall be unregistered. (2025, ord 25-50, sec 1; am 2026, ord 26-63, sec 2.)6-49 Section 6-50. Failure to register. (a) Upon determining that an unregistered TVR is operating on a property, the planning director shall issue a notice of violation and order ordering the owner to: (1) Cease and desist from operating the TVR until the owner registers the TVR; (2) Pay a civil fine of no less than $1,000 and no more than $10,000; and 6-10 UNOFFICIAL ADVANCE SHEET Updated on September 22, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. B USINESSES § 6-50 (3) When deemed necessary by the planning director, pay a civil fine for each day in which the violation persists in an amount specified in the order not to exceed two times the highest daily rate at which the TVR has been advertised within the preceding twelve months. (b) Determination of a failure to register may be made on the basis of: (1) An active rental advertisement of the property; (2) The fact that the property may be booked or reserved through a booking service; (3) Transient accommodations tax returns; (4) Other prima facie evidence of TVR operation. (2025, ord 25-50, sec 1.)6-50 Section 6-51. Annual renewal. (a) No later than one year after the issuance of a TVR registration number or other date as the planning director may prescribe, and every year thereafter, the owner shall renew the registration by paying a renewal fee of $100 or $250, in the case of a hosted or un-hosted TVR, respectively. (b) If an owner fails to renew a registration within the time prescribed in subsection (a), the planning director shall issue a notice of expired registration advising the owner that, unless the registration is renewed within ninety days of the date of the notice by payment of the renewal fee and a late fee of $90, operation of the TVR thereafter will constitute a failure to register subject to section 6-50. (2025, ord 25-50, sec 1; am 2026, ord 26-63, sec 3.)6-51 Section 6-52. Cancellation. (a) Upon verification of any basis specified in subsection (b), the planning director shall cancel the registration and issue to the owner a notice of cancellation: (1) Ordering the owner to cease and desist from operating the TVR until the owner re-registers the TVR; (2) Informing the owner of the basis of the cancellation; and (3) Advising the owner that operation of the TVR after the date specified in the notice constitutes a failure to register subject to section 6-50. (b) The decision to cancel a registration may be made on the basis of: (1) The TVR, including the structure used therefor or any activity on the property in connection therewith, being in violation of any applicable law; (2) Any information provided by the owner in connection with the registration found to be inaccurate or fraudulent; or (3) Any delinquent real property or transient accommodations tax, or any fees, fines, or penalties assessed on the TVR that are owed and unpaid by the owner. (2025, ord 25-50, sec 1.)6-56 6-11 UNOFFICIAL ADVANCE SHEET Updated on September 22, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. § 6-53 H AWAII C OUNTY C ODE Section 6-53. Rights and responsibilities unaffected. Registration and the issuance of a registration number does not grant any right, privilege, immunity, or other allowance to the subject property or owner except as herein provided, and further does not dispense with any necessity, obligation, or duty under other applicable law to which the owner may be subject. (2025, ord 25-50, sec 1.)6-53 Division 3. Hosting Platforms. Section 6-54. Applicability. This division does not apply to: (1) The provision of booking services for a TVR by the owner thereof; and (2) A real estate broker or real estate salesperson acting as a hosting platform for no more than one TVR. (2025, ord 25-50, sec 1.)6-54 Section 6-55. Registration required. (a) A hosting platform may not provide or facilitate booking services or ancillary services for a TVR within the County; unless: (1) The person or business first registers with the planning director, which registration must be made in a format and by a date prescribed by the planning director and include: (A) A registration fee of $1,000; (B) obligations under this division; and (C) Other information, documentation, or content as the planning director may require; (2) The TVR is registered under division 1 or exempt from registration by reason of a use permit or special use permit; and (3) The owner of the TVR consents to the disclosure of information relating to the TVR that the hosting platform is required to report under section 6-56. (b) Registration under this section shall remain in effect until terminated by the registrant or cancelled pursuant to section 6-57. (c) services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance services in connection with a TVR. (2025, ord 25-50, sec 1; am 2026, ord 26-63, sec 3.) 6-55 Section 6-56. Reporting. (a) For every TVR in the County for which a hosting platform provides booking services during each month, the hosting platform shall report to the planning director and the director of finance, in a format jointly prescribed by the planning director and the director of finance, the following information: 6-12 UNOFFICIAL ADVANCE SHEET Updated on September 22, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. B USINESSES § 6-56 (1) The tax map key number of the TVR; (2) Statutes, chapter 237D, associated with the TVR; (3) The registration number issued under division 1 associated with the TVR; and (4) The unique website address or link of the TVR. (b) Except as otherwise provided in subsection (c), the report must be made no later than fourteen days after the end of each month. (c) In the case of a real estate broker or real estate salesperson acting as a hosting platform for more than one TVR, the report may be made on an annual basis no later than the last day of each January with the information required under subsection (a) covering the preceding calendar year. (2025, ord 25-50, sec 1; am 2026, ord 26-63, sec 5.) 6-56 Section 6-57. Violation; penalties. (a) Upon determination that a hosting platform is in violation of sections 6-55 or 6-56, the planning director shall issue a notice of violation and order ordering the hosting platform to cure the violation within ten business days. (b) If a hosting platform fails to cure any violation, the planning director shall order the hosting platform to: (1) To cease and desist from providing booking services to any TVR in the County no later than ninety days from the date of the notice, or a later date as the planning director may determine; and (2) To pay: (A) A civil fine for each day in which the violation persists in the amount specified in the order, provided the amount is not less than $1,000 and not more than $10,000; or (B) In the case of a violation of section 6-56(c), a civil fine of $250. (c) Upon determination that a hosting platform is providing booking services for a TVR for which the registration is expired, cancelled, or otherwise invalid, the planning director shall issue to the hosting platform a notice of removal and order: (1) Identifying the registration number or unique website address or link of the TVR to be removed and the basis for removal; (2) Ordering the hosting platform to remove the listing for the TVR from the hosting platform no later than thirty days from the date of the notice; and (3) Advising the hosting platform that failure to remove the listing constitutes a failure to cure subject to subsection (b). (2025, ord 25-50, sec 1.)6-57 6-13 UNOFFICIAL ADVANCE SHEET Updated on September 22, 2026. Contains sec(s) affected since publication of Supp. 20 (7-2026). Official revision to be published in a subsequent republication of the County Code. This page intentionally left blank.