Hawaii County committee postpones bill to allow vending on county streets after safety and fee concerns

Councilmember Holaka Inaba, the bill’s lead sponsor, told the Hawaii County Policy Committee on Aug. 20 that the proposed ordinance would create a special activity permit to allow temporary commercial activity in county right-of-way for the first time in decades. "And, essentially, right now, the code doesn't allow commercial activity to occur, at all," Inaba said, describing constituent calls and enforcement actions that prompted the draft measure.

The draft ordinance would authorize special-activity permits administered by the Department of Public Works, allow permits for up to one year, prescribe permitted hours between 6 a.m. and 6 p.m., increase the permit fee from $25 to $50, and set a $1,000 fine for vending without a permit. The measure also proposes increasing the required clear sidewalk width from 3 feet to 4 feet and gives the DPW director authority to revoke permits for noncompliance. "The the permit fee is $50," Inaba said when summarizing key provisions.

Deputy Director Malia Keikai of the Department of Public Works, appearing from the Hilo chambers, told the committee DPW will identify unsafe locations and recommended excluding those sites from eligibility. "I think, you know, when we 1st kind of thought about this permitting process, we wanted to go through actually and name out the places that would be just basically out of the question," Keikai said, and suggested creating a public map so applicants know which areas are unsafe or disallowed.

Members raised a range of concerns on enforcement, hours, signage, insurance and how the county’s authority differs from the state’s. Councilmember Heather Kimball urged clearer signage language and said the 6 a.m.–6 p.m. window may not suit evening vendors who operate dinner hours. Corporation Counsel Elizabeth Strands said insurance and additional-insured language is common for county activities and likely more necessary for commercial use of road rights-of-way than for park facility rentals.

Hilo Councilmember Connolly E. Kleinfeldt asked for data on sidewalk widths after DPW engineers reported an average width of about 7 feet. Councilmember Leroy warned that year-long permits could effectively create permanent vending hotspots rather than temporary opportunities for start-ups. Inaba said the makers would revise language and do more outreach, including checking with police on sight-line safety and revisiting permit hours and fees.

After the discussion, the committee postponed Bill 184 to the Sept. 3 committee meeting so staff can refine signage provisions, the fee structure, operating hours, business-license flexibility for one-off fundraisers and mapping of allowed/disallowed locations. The postponement motion (moved by Councilmember Kirkwitz and seconded by Councilmember Inaba) passed with nine ayes.

The committee did not adopt final policy during the Aug. 20 session; members directed staff to return with clarified language and additional details at the next hearing.