Report Title:

Major commercial public event

 

Description:

Requires advance notice to the chief of police for major commercial public events.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1497

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MAJOR COMMERCIAL PUBLIC EVENTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§711-     Major commercial public events. (1) It shall be unlawful for any promoter to produce, promote, present, conduct, manage, direct, or otherwise cause to occur a major commercial public event except as provided in this statute.

(2) "Major commercial public event" as used in this section:

(a) A festival, performance, carnival, circus, fair, concert, show, sports contest, competition, meet, tournament, demonstration of skill, display, exhibition or other event which is open to the public, likely to attract a crowd or cause people to attend or gather to observe, or which is engaged in for commercial purposes;

(b) Two thousand persons or more may be reasonably expected to attend or actually attend the event on a single date;

(c) An event is deemed to be a "major commercial public event" if it is widely advertised, engaged in for profit, something is sold or offered for sale, admission is charged, or other commercial characteristics are exhibited; and

(d) An event is deemed not to be a "major commercial public event" if it is a regular, ongoing enterprise including, but not necessarily limited to shopping centers and activities therein, educational institutions, religious observances;

(3) "Promoter" as used in this section: person, persons, corporation, partnership or other entity to produce, promote, present, conduct, manage, direct, or otherwise cause to occur a major commercial public event except as provided in this statute.

(4) Advance notification shall be made to the chief of police of the county where a major commercial event is to occur in a form and manner to be designated by the chiefs of police in the respective counties, which shall include the following information about the event, where applicable:

(a) Name of event;

(b) Names, addresses and contact telephone numbers of promoters;

(c) Date, anticipated starting and ending times;

(d) Location;

(e) Number of persons who may be reasonably expected to attend the event;

(f) Description of the type and nature of the event, including the anticipated impact on traffic, the surrounding community, and impact on police and emergency services;

(g) Provisions made for the safety and security of the general public, including commercial security or traffic control hired for the event and their function;

(h) Whether alcoholic beverages will be sold or dispensed, subject to the appropriate county authority approval;

(5) Advance notification shall be made not less than twenty calendar days prior to the date of the event, or as soon as possible thereafter if the event was planned or scheduled less than twenty calendar days prior to the date.

(6) Nothing in this statute shall be construed as:

(a) Giving the chiefs of police of the counties the responsibility to approve or disapprove, permit or prohibit, any major commercial public event, nor shall these be compelled to take unusual or extraordinary measures in response to notification;

(b) Preventing, obstructing, or discouraging any lawful assembly;

(c) Limiting or preventing any person, persons or entity from engaging in free speech, free exercise of religion, political meeting, union activity or any right of assembly under the constitution or laws of the United States, State of Hawaii, or political subdivision thereof;

(d) Replacing or rendering unnecessary any permit or notification requirements of other appropriate agencies under federal or state laws, or political subdivisions thereof;

(e) Preventing or limiting any person, persons or entity affected by any major commercial event from seeking a civil remedy in the event of injury or damage.

(7) No person shall be guilty of a violation of this statute if notification was made and was reasonable, and the actual number of persons in attendance, actual impact or other information was not predicted accurately. Reasonable means following the standard of care that a law-abiding citizen would observe in similar circumstances.

(8) Violation of this section is a misdemeanor."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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