(a) Applications. The department shall receive and review applications for permits for the use of malls by any person where required by subsection (b), on forms approved by the department. The filing of applications shall be pursuant to rules adopted by the department. The applications for permits shall be filed not fewer than 10 working days before the date of the proposed event. There shall be no charge for the filing of an application. The department shall inform the applicant in writing of any approval or denial of an application by delivering or mailing to the last known address of the applicant a copy of the department’s decision within five working days before the proposed event.
(b) Permits. The department shall issue permits for the use of a particular area of a mall or malls for events, together with any activities reasonably related thereto, whenever such events promote: the safety, health, and welfare of the public; the use of the malls for which they were established; the interest of the malls district; or any other community endeavors sponsored, undertaken, or promoted by duly established organizations. The department shall determine and establish by rules as prescribed herein the number and boundaries of areas within each mall, which shall reasonably promote the safety, health, and welfare of the public; the use of the malls for which they were established; the interest of the malls district; or any other community endeavors sponsored, undertaken or promoted by duly established organizations.
All permits may be issued subject to the following restrictions:
(1) That such events do not impair the health, safety, and welfare of the users of malls and of the merchants and the property owners in malls, and do not violate any statutes, ordinances, or rules or regulations having the effect of law;
(2) No permit shall be granted for more than seven consecutive calendar days in any calendar year;
(3) No permit shall be issued for more than one event in a particular area of a mall during a given period; provided that several areas of a mall or malls may be used concurrently for such event;
(4) No permit shall be issued to any person for an event in a particular area of a particular mall more than once during a calendar year; provided that any events sponsored by merchants shall be done collectively as an association of merchants and not individually; and provided further, that any person who has the privilege of using a particular mall during a calendar year as provided herein, may submit another application, and the department may issue a permit to such person if there are no conflicts in the use of malls granted to other permittees, or no applicant has submitted a request for the use of malls for the date or period requested by such prior user of the mall; and
(5) A security deposit for each day of use for the purpose of cleaning up malls if a permittee fails so to do, or as reimbursement for any damage to plants or other property of the city or to any private property fronting or situated alongside malls. Such deposit shall be returned to the applicant if the foregoing situations have not occurred; provided that if such deposit has been held for more than a month, interest at the prevailing rate on a month-to-month basis shall be paid by the city.
The department shall establish monetary deposit schedules based on the number of people using a specific area for which a permit has been issued, the term of the permit and the type of activity; if a permittee charges admission to the permittee’s functions or activities, the director shall require that the permittee obtain a public liability insurance policy that names the city as an insured party.
(c) Advisory function of the department. The department shall:
(1) Recommend to the merchants or the property owners, as the case may be:
(A) Appropriate renovations or repairs to facades of buildings fronting malls; and
(B) Appropriate renovations or repairs to overhanging signs and permanent marquees fronting malls; and
(2) Recommend to the appropriate city agency or merchants proposals to preserve or upgrade the aesthetic aspects of malls.
(d) Control of repairs and traffic.
(1) The department shall control and coordinate pedestrian traffic on, and use of, malls.
(2) The department of transportation services shall control and coordinate vehicular traffic on malls, including the timing and coordination of vehicles on malls for the purpose of repairing or removing public utility services or in connection with construction on real property abutting malls.
The control and coordination authority of this subdivision, however, shall not apply to an “authorized maintenance vehicle,” as defined under § 15-2.4, when operated on the Fort Street Mall as such a vehicle.
(e) Newsstands, public telephone enclosures, dumpsters, and so forth. The department shall confer with the director of budget and fiscal services relative to permits and placement of newsstands, public telephone enclosures, freight elevators, freight chutes, and curbside tellers, all of which are under the jurisdiction of the director of budget and fiscal services as provided in Article 8. The department, in consultation with the department of planning and permitting, may allow the temporary placement of dumpsters on a mall during a period of construction where the city has entered into a development agreement for construction on the mall and where the establishments abutting the mall cannot accommodate the dumpster on their property during the period of construction.
(f) Rules. To adopt rules, including rules of procedure for the suspension or revocation of permits and such other adjudicatory functions, all pursuant to HRS Chapter 91, as amended, that are not inconsistent with the provisions contained herein.
(g) Hearings.
(1) For revocation or suspension of permit. To conduct hearings pursuant to the provisions of HRS Chapter 91, as amended, before revoking or suspending any permit. No hearing shall be required as a prerequisite to the issuance of any permit.
(2) Notice of determination. If after the hearing it is determined that a permit shall be revoked or suspended, the applicant shall be informed in writing and in the form as provided in HRS Chapter 91, as amended.
(Sec. 26-10.3, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 29, Art. 10, § 29-10.3) (Am. Ords. 91-29, 02-50)