Report Title:

County Licensing; Bed and Breakfast; Temporary Vacation Rentals.

Description:

Provides counties the authority to license bed and breakfast units and temporary vacation rentals by issuing permits. Allows counties to charge a fee to maintain these licenses. Gives counties the authority to assess penalties for violations of the permitting process.

THE SENATE

S.B. NO.

1122

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COUNTIES.

 

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

SECTION 1. Section 445-15, Hawaii Revised Statutes, is amended to read as follows:

"§445-15 Control by ordinance. Each council has the power by ordinance:

(1) To require, or eliminate the requirement for, the licensing of auctions under part II of this chapter, the licensing of bed and breakfast units and transient vacation units under part III of this chapter, secondhand dealers under part IV of this chapter, and scrap dealers under part X of this chapter;

(2) To impose annual license fees;

(3) To increase, decrease, or waive effective upon the expiration of any existing license, the annual fee for a license issued under this chapter, or to exempt wholly or partially, the payment by any religious, charitable, or educational organization or institution of any license fee imposed in this chapter or any ordinance enacted hereunder with respect to any business which is not regularly engaged in or carried on by such organization or institution; [and]

(4) To adopt rules not inconsistent with law concerning the conduct of the business of all persons licensed under this chapter, as deemed necessary for the public health, safety, or welfare[.]; and

(5) To establish civil fines for violations of any licensing requirements established by this chapter or any county ordinance or administrative rule enacted or adopted hereunder, which civil fines may be imposed without requests to correct or cease the violation. Any such fine may be administratively imposed after an opportunity for a hearing under chapter 91, but such a proceeding shall not be a prerequisite for any civil fine ordered by any court."

SECTION 2. Section 445-90, Hawaii Revised Statutes, is amended to read as follows:

"PART III. LODGING OR TENEMENT HOUSES, HOTELS, [AND]

BOARDINGHOUSES, BED AND BREAKFAST UNITS, AND TRANSIENT VACATION UNITS"

"§445-90 Definitions. When used in this chapter, unless the context requires otherwise:

"Bed and breakfast unit" means a use in which overnight accommodations are provided to guests for compensation, for periods of less than 30 days, in the same detached dwelling as that occupied by an owner, lessee, operator or proprietor of the detached dwelling. For purposes of this definition, the term "detached dwelling" means a building containing one or two dwelling units, entirely surrounded by yards or other separation from buildings on adjacent lots.

"Boardinghouse" means a building or buildings having at least three rooms for the accommodation of six or more unrelated persons and in which the owner or operator furnishes at least one meal per day as part of the accommodations.

"Dwelling unit" means a room or rooms connected together, constituting an independent housekeeping unit for a family and containing a single kitchen.

"Hotel" means any building or portion thereof or buildings containing more than nine rooming units, in which space is let by the owner or operator to six or more unrelated persons.

"Lodging or tenement house", "group home", "group residence", "group living arrangement", or "rooming house" means any building or portion thereof containing no more than nine rooming units, in which space is let by the owner or operator to three or more unrelated persons.

"Lodging unit" means a room or rooms connected together, constituting an independent housekeeping unit for a family which does not have a kitchen.

"Noisy or disorderly conduct" has the same meaning as defined in chapter 711."

"Transient vacation unit" means a dwelling unit or lodging unit which is provided for compensation to transient occupants for less than 30 days, other than a bed and breakfast unit or a unit in a hotel. A transient vacation unit includes, but is not limited to, a transient vacation rental as defined by section 514E-1."

SECTION 3. Section 445-92, Hawaii Revised Statutes, is amended to read as follows:

"§445-92 [REPEALED. L 2001, c 35, §7.] Fee.

(a) The annual fee for a license to keep a bed and breakfast unit or a transient vacation unit shall be established by each county and may include the costs of administering the requirements of this chapter and any ordinances or administrative rules enacted or adopted by the county hereunder, including but not limited to the costs of licensing, inspection, and enforcement.

(b) The fee shall be collected by the county in which the bed and breakfast unit or transient vacation unit is located."

SECTION 4. Section 445-94, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) No person shall operate a lodging or tenement house, group home, group residence, group living arrangement, hotel, or boardinghouse, until the person secures a clearance from the appropriate county agency responsible for ensuring compliance with county building and zoning codes setting forth that an agent of the agency has examined the building or buildings, proposed to be used for such purposes, with a description sufficient to identify and locate the same; and that the same are in compliance with building and zoning codes. No initial license shall be issued for a bed and breakfast unit or transient vacation unit until the applicant secures the clearance described in this subsection and presents the clearance to the treasurer."

SECTION 5. Section 445-95, Hawaii Revised Statutes, is amended to read as follows:

"§445-95 Conditions for conditional operation. The owner or operator of a lodging or tenement house, group home, group residence, group living arrangement, hotel, [or] boardinghouse, bed and breakfast unit, or transient vacation unit shall:

(1) Not permit noisy or disorderly conduct in the building or buildings;

(2) Not allow any person engaging in acts of prostitution to reside therein or resort thereto;

(3) Not allow intoxicating liquor or other intoxicating substance to be furnished or sold therein, except as authorized by law;

(4) Keep the building or buildings and premises in good sanitary condition, in accordance with law and with the orders of the agent of the department of health;

(5) At all times allow the police and agents of the state department of health and agents of the appropriate county agencies responsible for compliance with the county's building and zoning codes access for purposes of inspection to enforce or administer this chapter and other applicable laws or rules;

(6) Not allow any gaming;

(7) If a lodging or tenement house, group home, group residence, group living arrangement, or boardinghouse, keep records identifying its tenants, lodgers, or boarders; and

(8) Not deliver or purport to deliver health care services or treatment unless it is licensed, certified, or contracted for by the State or other governmental agencies to do so."

SECTION 6. Section 445-96, Hawaii Revised Statutes, is amended to read as follows:

"§445-96 Penalty. (a) Any person who keeps a bed and breakfast unit or transient vacation unit without a license shall be fined in accordance with provisions established by each county by ordinance or, in the absence of such provisions, not less than $100 nor more than $1,000 per day.

(b) Any person holding a license under this chapter who violates or fails to observe any of the requirements of this chapter or of the license, or of any county ordinance or administrative rule enacted or adopted under this chapter, shall be fined not less than $100 nor more than $1,000 per day of violation for each violation.

[(a)](c) Any person not required to hold a license under this chapter who violates or fails to observe any of the requirements or conditions of this chapter shall be fined not less than $100 nor more than $1,000 per day of violation for each violation.

[(b)](d) Any person who intentionally or knowingly obstructs or interferes with the progress of any authorized inspection pursuant to this chapter shall be guilty of a misdemeanor."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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