(a) 
The Council finds that peddling of wares and services on or near County parks, beaches, playgrounds, and visitor sites have increased at an alarming rate primarily because a gathering of people means potential customers. When unregulated, such peddling can become an intrusion upon people's enjoyment of a place or facility. The Council finds that unregulated peddling has generated complaints by visitors and residents alike, that it is affecting the vital tourist industry by diminishing the visitor's experience on Kaua'i, and that it is interfering with island residents' quiet enjoyment of beaches, parks, and other outdoor areas.
(b) 
The purpose of this Section is to regulate peddlers at County parks, playgrounds, and other facilities and prohibit peddling on the beaches of Kaua'i.
(c) 
The Council also finds that concessions at Spouting Horn Park have been in existence for almost forty (40) years, providing affordable mementos and jewelry to visitors and contributing to the visitor's experience on Kaua'i. It has also provided substantial income to the County of Kaua'i over the years.
(Ord. No. 219, July 3, 1974; Sec. 23-4, R.C.O. 1976; Ord. No. 341, January 30, 1978; Sec. 23-3.1, 1978 Cumulative Supplement; Ord. No. 848, April 25, 2007; Ord. No. 856, October 1, 2007; Ord. No. 861, December 19, 2007; Ord. No. 1027, April 3, 2018)
When used in this Article the following words or phrases shall have the meaning given in this Section unless it shall be apparent from the context that a different meaning is intended:
"Concession"
means the grant to a private individual, partnership or corporation of the privilege for a fee to conduct operations essentially retail in nature, involving the sale and/or rental of goods, services, wares, novelties or any merchandise to consumers in or on land or structures owned or controlled by the Department of Parks and Recreation.
"Concession stands"
mean structures owned or controlled by the County of Kaua'i which uses are granted to private individuals, partnerships, or corporations for a fee to conduct operations essentially retail in nature involving the sale and/or rental of goods, services, wares, novelties, or any merchandise to consumers.
"Concessionaire"
means a private individual, partnership, or corporation that has been granted the privilege for a fee to conduct operations essentially retail in nature involving the sale and/or rental of goods, services, wares, novelties, or any merchandise to consumers in or on land or structures owned or controlled by the Department of Parks and Recreation.
"Peddler"
means a person or persons in the business of traveling about carrying goods, wares, food, or merchandise for sale and/or rental to consumers, or any person traveling about selling, renting, or offering for sale, or rent, soliciting orders for or inviting attention to or promoting in any manner whatsoever, directly or indirectly, goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property or services, or to distribute commercial handbills, or carry on or conduct any commercial promotional scheme, advertising programs, or similar activity, or any person or persons in business of delivering food, foodstuffs, or refreshments to consumers at a place other than the peddler's fixed place of business, or any person or persons in the business of traveling about to deliver food, foodstuffs, or refreshments to consumers, or any person or persons engaged in the business or service of providing sport or recreational activities or rental of equipment therefor for commercial gain on either a fee basis or a donation in lieu of a fee and activities associated therewith, including but not limited to loading and unloading of passengers, transporting passengers, parking, or traversing over and through County parks.
"Peddler's permit"
means a permit issued by the Department of Parks and Recreation, as authorized by HRS Section 445-141, that licenses a person or persons to engage in peddling in the locations and according to the terms set forth in the permit.
"Peddling"
means the carrying on of business by a peddler.
(Ord. No. 305, May 24, 1977; Sec. 23-3.2, 1978 Cumulative Supplement; Ord. No. 848, April 25, 2007; Ord. No. 856, October 1, 2007; Ord. No. 861, December 19, 2007; Ord. No. 909, May 18, 2011; Ord. No. 1030, April 27, 2018; Ord. No. 1127, August 8, 2022)
The Director of Parks and Recreation is authorized and shall establish rules and regulations for peddling and concession operations in County parks, playgrounds, beaches, roads, parking lots, and other facilities and areas subject to, or adjacent to, facilities under the jurisdiction of the Department of Parks and Recreation, including unpaved roadway areas adjacent to parks and any area subject to Department of Parks and Recreation jurisdiction between the ocean and the abutting property line. Such rules and regulations shall include a requirement to conduct public hearings during which input by the local community, cumulative impacts from individual and commercial uses of County lands, and cumulative impacts from individual and commercial uses on Special Management Areas (SMA) shall be considered. Such rules and regulations shall also address cleanup, maintenance, parking, signage, insurance, damage liability, and other matters deemed necessary or desirable for the orderly control of peddlers and concession operators and for the protection of the County at County parks, playgrounds, other facilities and beaches. All such rules regarding Spouting Horn concessionaires must be effective before March 31, 2008. Nothing in this Section shall prohibit the additional assessment of charges for items of County cost to the peddler or concession operator.
(Ord. No. 342, February 3, 1978; Sec. 23-3.3, 1978 Cumulative Supplement; Ord. No. 361, March 8, 1979; Ord. No. 409, May 26, 1981; Ord. No. 410, June 25, 1981; Ord. No. 439, November 10, 1982; Ord. No. 450, September 6, 1983; Ord. No. 469, December 15, 1984; Ord. No. 477, July 11, 1985; Ord. No. 485, March 27, 1986; Ord. No. 586, May 31, 1991; Ord. No. 659, July 7, 1994; Ord. No. 717, June 12, 1997; Ord. No. 787, July 29, 2002; Ord. No. 848, April 25, 2007; Ord. No. 856, October 1, 2007; Ord. No. 861, December 19, 2007; Ord. No. 1127, August 8, 2022)
(a) 
All persons who wish to engage in peddling activity in County parks, playgrounds, beaches, roads, parking lots, and other facilities and areas subject to, or adjacent to, facilities under the jurisdiction of the Department of Parks and Recreation, including unpaved roadway areas adjacent to parks and any area subject to Department of Parks and Recreation jurisdiction between the ocean and the abutting property line, shall have a valid Peddler's Permit. Unless otherwise established in rules established by the Director of Parks and Recreation pursuant to Section 23-3.3, the fee for a Peddler's Permit shall be one hundred dollars ($100.00) per year. No permit issued under this Section shall be transferable. The permit shall authorize only the named permittees and no other person to engage in peddling activity, and shall authorize peddling only at the locations or along routes noted on the permit. All permittees shall at all times keep the permit exposed to view, in a prominent place and convenient for inspection while engaged in peddling activity. All permittees shall also comply with the requirements of Chapter 237, Hawai'i Revised Statutes, General Excise Tax Law and any other State laws.
(b) 
Notwithstanding any law to the contrary, any concession or permits, granted by the State for any activity shall be exempted from the provisions of this Article.
(Ord. No. 407, February 4, 1981; Ord. No. 666, October 19, 1994; Ord. No. 848, April 25, 2007; Ord. No. 856, October 1, 2007; Ord. No. 861, December 19, 2007; Ord. No. 1127, August 8, 2022)
(a) 
It shall be unlawful to violate any of the rules and regulations adopted pursuant to Sec. 23-3.3.
(b) 
It shall be unlawful to:
(1) 
Engage in peddling in County parks, playgrounds, beaches, roads, parking lots, and other facilities and areas subject to, or adjacent to, facilities under the jurisdiction of the Department of Parks and Recreation, including unpaved roadway areas adjacent to parks, without a valid Peddler's Permit in the peddler's possession;
(2) 
Engage in peddling in any area subject to Department of Parks and Recreation jurisdiction between the ocean and the abutting property line, including but not limited to parking lots and County parks, without a valid Peddler's Permit in the peddler's possession;
(3) 
Operate at a location not authorized by a Peddler's Permit;
(4) 
Transfer a Peddler's Permit to another; or
(5) 
Alter or possess an altered Peddler's Permit.
(c) 
Prima Facie Evidence; Peddling. The presence of a peddler without a Peddler's Permit in any areas described in either Subsection (b)(1) or (b)(2) of this Section, with the peddler's or his/her employer's goods, wares, novelties, merchandise, foodstuffs, refreshments, or other property or services shall constitute prima facie evidence of peddling, in violation of said Subsection.
(Ord. No. 700, February 5, 1996; Ord. No. 848, April 25, 2007; Ord. No. 856, October 1, 2007; Ord. No. 861, December 19, 2007; Ord. No. 909, May 18, 2011; Ord. No. 1030, April 27, 2018; Ord. No. 1127, August 8, 2022)
Any person convicted of violating any of the provisions under Sec. 23-3.5 shall be punished by a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00) for each offense.
(Ord. No. 769, June 19, 2001; Ord. No. 848, April 25, 2007; Ord. No. 856, October 1, 2007; Ord. No. 861, December 19, 2007)
(a) 
Description of Spouting Horn Concession Stands.
(1) 
The stall configuration and plot plan for the concession stands will be determined by the Director of Parks and Recreation via administrative rules.
(2) 
No water shall be permitted. The use of electricity may be allowed; provided the concessionaire covers all costs related to the concessionaire's electricity use.
(3) 
Parking stalls and loading zones within the Po'ipū Spouting Horn Park shall be made available to all concessionaires as determined by the Department of Public Works. The County Engineer shall install appropriate signs or markings, or both, identifying such parking stalls and loading zones.
(4) 
It shall be encouraged that the sale items at the concession stands be items made entirely or partly in Hawai'i.
(b) 
Award of Concession Contracts.
(1) 
The concession stands shall be subject to competitive bid individually by sealed bid of those persons qualified to bid as determined by the Director of Finance. The Director of Parks and Recreation shall establish the basis for the minimum upset bid for concession stalls in the Rules and Regulations Relating to the Use of Parks and Park Facilities By Peddlers and Concessionaires. Each concessionaire shall post a performance bond prior to being awarded a contract.
(2) 
The Director of Finance shall execute written contracts with the highest qualified bidders and otherwise follow the provisions of Chapter 102, Hawai'i Revised Statutes and the Rules and Regulations Relating to the Use of Parks and Park Facilities By Peddlers and Concessionaires adopted by the Department of Parks and Recreation under the operational policy set forth in Sec. 23-3.3. The Director of Parks and Recreation shall establish procedures for bidding, specifications for the contracts relating to operations, type of goods permitted for sale, structures and fixtures, maintenance, parking, signs, insurance, damage liability, sanctions for breach of contract and such other conditions as may be necessary or desirable for the orderly conduct of business that are consistent with rules and regulations developed under the operational policy set forth in Sec. 23-3.3. Said written contracts, procedures and specifications must be reviewed and approved by the Director of Finance and the County Attorney.
(3) 
New bidding shall be conducted for any vacancies. Concessionaires with existing concession stands may be permitted to bid, if it is deemed by the Director of Finance to not be to the detriment of the County of Kaua'i. Upon being awarded a new concession stand, such concessionaire shall surrender their existing concession stand. Bidding for said vacant concession stand shall follow the same rules as for new bidding as described herein.
(c) 
Concession Prohibitions.
(1) 
It shall be unlawful to engage in concession operations without having a valid concession contract.
(2) 
It shall be unlawful to transfer a concession contract without the approval of the Director of Finance.
(3) 
It shall be unlawful to violate any of the rules and regulations adopted pursuant to Sec. 23-3.3, or any of the conditions contained in the concession contract.
(4) 
It shall be unlawful to use water for concession operations.
(d) 
Penalty. Any person convicted of violating any provision under Subsection (c) shall be punished by a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00) for each offense.
(e) 
The Director of Finance is hereby authorized to establish and create a fund to be known as the parks and recreation improvement and maintenance fund. In adopting each fiscal year's budget and capital program, the Council shall appropriate any fees paid and collected pursuant to this Section to the fund, which shall be used for repair, maintenance, and improvement projects for parks and recreation facilities. The fees shall not be used for salaries and other personnel expenses. The fees in the parks and recreation improvement and maintenance fund shall not lapse at the close of the fiscal year.
(Ord. No. 848, April 25, 2007; Ord. No. 856, October 1, 2007; Ord. No. 861, December 19, 2007; Ord. No. 867, May 28, 2008; Ord. No. 898, May 26, 2010; Ord. No. 941, May 8, 2013; Ord. No. 1126, August 8, 2022)
(a) 
Purpose. The Sunshine Markets are permitted to operate at sites provided by the County so that agricultural products grown, raised, produced, or manufactured on Kaua'i or Ni'ihau, such as farm produce, certified mushrooms, red meat (beef, sheep, goat, deer, bison, eland), white meat (pork, rabbit, frog), fowl eggs, processed meats, "in season" shellfish, value-added food-based products, locally produced honey, live, farm-raised fish grown by Kaua'i farmers, and "in season" whole fish caught from local waters in and surrounding the islands of Kaua'i and Ni'ihau can be made available to the public at reduced prices.
(b) 
Definitions. When used in this Section, the following words or phrases shall have the meaning given in this subsection unless it shall be apparent from the context that a different meaning is intended:
"Agricultural products"
means those products produced from conducting agricultural activities including livestock products, poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops, or the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment.
"Farm produce"
means vegetables, fruits, flowers, nuts, and other agricultural products grown on Kaua'i or Ni'ihau.
"In season"
means agricultural products that are available and ready for harvesting, eating, or other use, or legally permitted to be caught or hunted during a specified period.
"Locally produced honey"
means honey that has been collected from beehives on Kaua'i.
"Recyclable paper bag"
means a bag that meets all of the following requirements: (1) contains no old growth fiber; and (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled content.
"Reusable bag"
means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine washable fabric and/or is made of durable material.
"Value-added food-based products"
shall mean products made of fifty percent (50%) raw agricultural commodities/ingredients grown on the vendor's premises or certified as a product grown on Kaua'i or Ni'ihau. The value of labor, intellectual property, packaging, or other factors or components used in the final value-added food-based product shall not be included in the aforementioned fifty percent (50%) requirement.
(c) 
The Director of the Office of Economic Development is authorized to select the Sunshine Market sites.
(1) 
The Director of the Office of Economic Development, in consultation with the Department of Parks and Recreation, is authorized to promulgate rules and regulations relating to the area, location, number of farmers, farm produce, certified mushrooms, red meat (beef, sheep, goat, deer, bison, eland), white meat (pork, rabbit, frog), fowl eggs, processed meats, shellfish, value-added foodbased products, locally produced honey, live, farm-raised fish, and whole fish that may be sold, insurance, cleanup, sanitation, hours of operation, traffic control, and such other safety and welfare conditions. This shall be in addition to any other relevant requirements of State law.
(2) 
The Director of the Office of Economic Development may delegate the management and regulation of any Sunshine Market to a representative of the vendors participating in that Sunshine Market, a representative of the Office of Economic Development, or suitable non-profit entity. In the event of any violation of any rule or regulation, the Director may suspend or terminate the operations of a Sunshine Market or the vendor(s) for an appropriate length of time, depending on the severity and frequency of the violation.
(d) 
Prior to selling any product allowed under Section 23-3.8(c), each vendor shall:
(1) 
Sign an indemnification agreement developed by the County Attorney holding the County harmless and releasing it from all liability.
(2) 
Obtain a Sunshine Market permit issued by the Director of the Office of Economic Development or designee agreeing to abide by the requirements set forth in this Section and any rules promulgated for the Sunshine Markets.
(e) 
In addition to the aforementioned requirements, prior to selling any Value-Added Product at any Sunshine Market, a Sunshine Market vendor shall also:
(1) 
Become a qualified member of the "Kaua'i Made" program and retain that status as long as the vendor sells a Value-Added Product(s) at the Sunshine Markets.
(2) 
Submit to the Office of Economic Development copies of permits establishing that any Value-Added Food-Based Product requiring a kitchen will be produced in a certified kitchen as specified by State and Federal laws and labeled as required by State and Federal laws.
(3) 
Display all required permits and price lists at vendor's Sunshine Market booth.
(4) 
Shall comply with any and all requirements of the State Department of Health for retail sales without any obligation on the part of the County to assist such vendor or adapt the markets as a result of the sale of processed products.
(5) 
Provide the County a certificate of insurance establishing that the vendor is carrying product liability insurance in the amount of one million dollars ($1,000,000) naming the County as an additional insured to the policy. Vendors shall submit notice of renewal to the County on each anniversary of said product liability insurance policy or whenever a new product is added to the policy or upon vending of a new product in the market.
(A) 
The certificate of insurance shall be completed by a duly authorized representative of the insurer certifying that the liability coverage(s) is written on an occurrence form and that the coverage(s) will not be cancelled, non-renewed, or materially changed by endorsement or through issuance of other policies of insurance without thirty (30) days advance written notice to the County. All coverage required by the vendor will be primary over any insurance or selfinsurance program carried by the County.
(B) 
Vendor shall furnish the County with original certificates and endorsements effecting required coverage(s). All certificates and endorsements are to be received and approved by the County before a Value-Added Product or locally produced honey is sold. The County reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required at any time.
(C) 
Failure to secure and maintain the required insurance shall be considered a major breach of the privilege of selling at the Sunshine Market. Should the County be forced to expend funds that would have been covered under the specified insurance, the vendor shall agree to reimburse the County for such funds.
(D) 
Vendor shall provide to the Office of Economic Development or Sunshine Market Monitor a copy of the permit holder's current driver's license and vehicle insurance card as each is renewed.
(f) 
A Sunshine Market Permit may be canceled or not issued for noncompliance.
(g) 
Vendors at the Sunshine Markets may offer recyclable paper bags and/or reusable bags for sale to customers.
(Ord. No. 848, April 25, 2007; Ord. No. 856, October 1, 2007; Ord. No. 861, December 19, 2007; Ord. No. 910, July 6, 2011; Ord. No. 1041, October 30, 2018)