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Honolulu, HI Code of Ordinances
THE REVISED ORDINANCES OF HONOLULU
TITLE I: ADMINISTRATION
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: THE MAYOR AND EXECUTIVE AGENCIES - ADDITIONAL POWERS, DUTIES, AND FUNCTIONS
CHAPTER 3: ADDITIONAL BOARDS, COMMISSIONS, AND COMMITTEES
CHAPTER 4: ADDITIONAL POWERS AND DUTIES OF COUNCIL AND LEGISLATIVE AGENCIES
CHAPTER 5: SALARIES, EMPLOYMENT, AND BONDING REQUIREMENTS OF ELECTED OFFICIALS AND NON-CIVIL-SERVICE OFFICERS
TITLE II: TAXATION AND FINANCES
CHAPTER 6: FUNDS, FEES, AND LOAN PROGRAMS
CHAPTER 7: RESERVED
CHAPTER 8: REAL PROPERTY TAX
CHAPTER 8A: TAXATION OF TRANSIENT ACCOMMODATIONS
TITLE III: MISCELLANEOUS REGULATIONS
CHAPTER 9: BOTANICAL GARDENS
CHAPTER 10: PUBLIC PARKS AND RECREATION FACILITIES
CHAPTER 11: CHILD CARE
CHAPTER 12: ANIMALS AND FOWLS
CHAPTER 13: STREETS, SIDEWALKS, MALLS, AND OTHER PUBLIC PLACES
CHAPTER 14: PUBLIC WORKS INFRASTRUCTURE
TITLE IV: TRAFFIC AND VEHICLES
CHAPTER 15: TRAFFIC AND VEHICLES
CHAPTER 15A: REGULATIONS OF VEHICLES
CHAPTER 15B: PUBLIC TRANSIT
TITLE V: BUILDING AND CONSTRUCTION CODES
CHAPTER 16: BUILDING CODE
CHAPTER 16A: HOUSING CODE
CHAPTER 16B: BUILDING ENERGY CONSERVATION CODE
CHAPTER 16C: BUILDING MANAGEMENT
CHAPTER 17: ELECTRICAL CODE
CHAPTER 18: FEES AND PERMITS FOR BUILDING, ELECTRICAL, PLUMBING, AND SIDEWALK CODES
CHAPTER 18A: GRADING, SOIL EROSION, AND SEDIMENT CONTROL
CHAPTER 19: PLUMBING CODE
CHAPTER 20: FIRE CODE OF THE CITY AND COUNTY OF HONOLULU
TITLE VI: LAND USE
CHAPTER 21: LAND USE ORDINANCE
CHAPTER 21A: FLOOD HAZARD AREAS
CHAPTER 22: SUBDIVISION OF LAND
CHAPTER 23: STATE LAND USE CLASSIFICATION
CHAPTER 24: DEVELOPMENT PLANS
CHAPTER 25: SPECIAL MANAGEMENT AREAS
CHAPTER 26: SHORELINE SETBACKS
CHAPTER 27: COMMUNITY FACILITIES DISTRICTS
CHAPTER 28: SPECIAL IMPROVEMENT DISTRICTS
CHAPTER 29: AFFORDABLE HOUSING REQUIREMENTS
CHAPTER 30: WATER MANAGEMENT
CHAPTER 31: COMMUNITY ECONOMIC DEVELOPMENT
CHAPTER 32: AFFORDABLE RENTAL HOUSING
CHAPTER 33: DEVELOPMENT AGREEMENTS
CHAPTER 33A: IMPACT FEES FOR TRAFFIC AND ROADWAY IMPROVEMENTS IN EWA
TITLE VII: BUSINESS
CHAPTER 34: REGULATION OF BUSINESSES
CHAPTER 35: INCENTIVES FOR BUSINESS TO CREATE NEW JOBS
CHAPTER 36: COMMON CARRIERS
TITLE VIII: PROPERTY
CHAPTER 37: REAL PROPERTY TRANSACTIONS INVOLVING THE CITY AND COUNTY OF HONOLULU
CHAPTER 38: LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES
CHAPTER 39: MAXIMUM ANNUAL RENEGOTIATED LEASE RENT
CHAPTER 40: OFFENSES RELATING TO PROPERTY
TITLE IX: PUBLIC HEALTH, SAFETY, AND SANITATION
CHAPTER 41: PUBLIC HEALTH AND SAFETY
CHAPTER 42: COLLECTION AND DISPOSAL OF REFUSE
CHAPTER 43: SEWERS, DRAINAGE, AND CESSPOOLS
PARALLEL REFERENCES
TABLES
§ 41-32.2 Prohibition.
(a)   It is unlawful for any retailer to:
(1)   Sell or offer for sale a flavored tobacco product;
(2)   Display, market, or advertise for sale in the city a flavored tobacco product; or
(3)   Mislabel as nicotine-free, or sell or market for sale as nicotine-free, an e-liquid product that contains nicotine.
(b)   Presumption of flavor. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a cooling or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer:
(1)   Has made or makes a public statement or claim that the tobacco product is a flavored tobacco product;
(2)   Has used or uses text or images, or both, on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product has a flavor other than tobacco, to make a public statement or claim that the tobacco product is a flavored tobacco product;
(3)   Has taken or takes action directed at consumers that would be reasonably expected to cause consumers to believe the tobacco product is a flavored tobacco product; or
(4)   Has made or makes a public statement or claim that a product has a minty or cooling effect, such as describing the product as “chill,” “ice,” “fresh,” “arctic,” or “frost.”
(c)   Any flavored tobacco product found in a retailer’s possession that violates this section may be considered contraband, seized by an inspector, or subject to immediate destruction or disposal by the retailer in accordance with the Hawaii Administrative Rules. The cost of proper disposal of electronic smoking devices and e-liquids as hazardous waste pursuant to the Hawaii Administrative Rules must be borne by the retailer.
(d)   Exceptions. This section does not apply to the sale, display, marketing, or advertisement of:
(1)   Premium cigars;
(2)   Looseleaf tobacco; and
(3)   Only shisha tobacco products that are sold in retail tobacco stores as defined in HRS § 328J-1.
(Added by Ord. 23-28)