Policy committee forwards bill to permit commercial vending on Hawaii County streets

KAILUA-KONA, Hawaii — The Hawaii County Policy Committee on Infrastructure and Assets voted on Sept. 16 to forward an amended ordinance (Bill 184) to the full council with a favorable recommendation that would create a special activity permit for commercial activity on county streets and raise the permit fee from $25 to $50.

Rebecca Villegas, acting chair of the Policy Committee on Infrastructure and Assets, opened the meeting in the Kailua-Kona Chambers and said members joining from Hilo were participating remotely. The committee then considered an amendment (communication 944.3) that its authors said was designed to create a clear, district-based list of streets where vendors could legally operate and to set safety and administrative rules for the program.

The amendment requires that signage authorized by a special activity permit “shall not impede or inconvenience the public or any person in the lawful use of a county street,” and it would set a procedure for the council to identify allowable streets by district. The amendment directs officials to request recommendations from the chief of police and the director of public works — and to receive those recommendations within 45 days of the request. The proposal also exempts nonprofit and educational institutions conducting fundraising tied directly to a program or event from needing a special activity permit. The amendment removes a fixed 6 a.m.–6 p.m. time window and instead gives discretion to the Director of Public Works to set allowable hours in permits.

Council member Kerkowitz, who helped craft the amendment, framed the proposal as a way to create a safe, legal option where vending is appropriate. “It is currently illegal to be vending on any county and state roadways. What we are attempting through this bill is to create a safe and legal process for people to be able to do this on an ongoing basis and in special circumstances,” Kerkowitz said.

Committee members generally praised the amendment’s intent but raised multiple implementation questions. Members pressed for clearer language in the sign code provision so it would not inadvertently alter rules that have barred political signs from county rights-of-way. Assistant Corporation Counsel Jay Yoshimura told the committee he had not completed a written review before the meeting and flagged that the proposed changes could have side effects for political-sign rules; he recommended allowing more time for counsel to review and to coordinate with staff.

The committee also discussed administrative and enforcement issues: the amendment would have the Department of Public Works identify allowable streets, but enforcement of illegal commercial activity would fall to police and planning inspectors. Members warned that routing responsibilities across multiple departments could complicate enforcement and increase workload.

Members asked about permit length and liability. Committee members said a permit term of up to one year was proposed to let DPW reassess locations after an initial period. On insurance, Yoshimura recommended revising the certificate-of-insurance language to allow flexibility over time and to consult the county risk manager; he said insurance limits can change and may need to be set with discretion tied to the activity’s risk profile. “I would recommend some changes to section 6, mainly because…insurance coverages…can change over time depending on circumstance…consult our risk manager,” Yoshimura said.

Members also discussed limiting the number of vendors at any given prime location to avoid giving an unfair advantage to a single site, and suggested adopting best-practice criteria (for example, minimum clearance distances from travel lanes, lower-speed streets, distance from intersections, and proximity to parks and schools) either in code or by later rulemaking.

After discussion, the committee voted on the amendment (communication 944.3) and the clerk reported eight members in support with one member excused. The committee then held a roll-call vote on forwarding Bill 184 as amended to the full council with a favorable recommendation; the clerk summarizing the roll call stated, “you have 6 votes in favor with yourself and Miss Evans voting no and Mr. Connie Kleinfelder are absent.” The clerk then announced that the motion carried and the bill as amended will be forwarded to council with a favorable recommendation.

The committee did not adopt additional code language on detailed safety distances at the meeting and asked that Department of Public Works and other affected departments provide follow-up input as the ordinance is further refined. With no other business, Acting Chair Villegas adjourned the meeting.

What’s next: Bill 184, as amended, will go to the full Hawaii County Council for further consideration. The committee requested that corporation counsel and relevant departments provide more detailed legal and operational input ahead of any final council action.