(a) Except when prohibited under subsection (b):
(1) A merchant of a store at ground level in Chinatown may peddle on a portion of the sidewalk or mall abutting the store as provided by this article;
(2) A merchant of a store that abuts College Walk Mall or Sun Yat Sen Mall at ground level may peddle on a portion of the mall abutting the store as provided by this article; and
(3) A merchant of a store that abuts a Historic Moiliili sidewalk at ground level may peddle on the portion of the sidewalk abutting the store as provided by this article.
Except when limited to a lesser area pursuant to subsection (b), a merchant may peddle:
(A) On any portion of the sidewalk within 18 inches perpendicular from the merchant’s storefront wall; or
(B) On any portion of the mall within 48 inches perpendicular from the merchant’s storefront wall.
Notwithstanding the foregoing, a merchant of a store that abuts a Historic Moiliili sidewalk may peddle on any portion of the sidewalk within 48 inches perpendicular from the merchant’s storefront wall except when limited to a lesser area pursuant to subsection (b). In no instance, however, shall the merchant peddle on any portion of a sidewalk or mall that extends laterally past the length of the merchant’s storefront.
(b) (1) The city executive department designated by the mayor shall prohibit a merchant from peddling on any portion of a sidewalk or mall if the department determines that the peddling will result in any of the following:
(A) The material impedance or obstruction of pedestrian traffic on the sidewalk or mall;
(B) A violation of the federal Americans with Disabilities Act;
(C) The jeopardy of the public safety;
(D) An inconsistency with the objectives of the Chinatown special district as set forth under § 21-9.60 et seq.; or
(E) The obstruction of a mailbox, fire hydrant, curbside teller, freight chute, freight elevator, newsstand, public telephone enclosure, or other structure permitted under Article 8.
(2) Alternatively, the designated city department may limit a merchant to peddling on a portion of a sidewalk or mall less than the 18 inches or 48 inches specified under subsection (a) if the department determines that the limitation is necessary to prevent any of the occurrences listed under subsection (b)(1)(A) through (E). If imposing the limitation, the designated city department shall notify the merchant of the limited portion of the sidewalk or mall upon which the merchant may peddle.
(c) No merchant of a store or other person shall violate a prohibition or limitation set by this section or the designated city department concerning the portion of a sidewalk or mall usable or not for peddling.
(1990 Code, Ch. 29, Art. 6A, § 29-6A.2) (Added by Ord. 03-26; Am. Ord. 12-33)