REPORT TITLE: 
Commercial public events


DESCRIPTION:
A new statute requiring police notification in advance of major
commercial public events where two thousand persons or more may
be reasonably expected to attend.



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2059
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO MAJOR COMMERCIAL PUBLIC EVENTS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 711, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and  to
 
 3 read as follows:
 
 4      "§711-     Major commercial public events.  (1)  It shall be
 
 5 unlawful for any promoter to produce, promote, present, conduct,
 
 6 manage, direct, or otherwise cause to occur a major commercial
 
 7 public event except as provided in this statute.
 
 8      (2)  "Major commercial public event" as used in this section:
 
 9      (a)  A festival, performance, carnival, circus, fair,
 
10           concert, show, sports contest, competition, meet,
 
11           tournament, demonstration of skill, display, exhibition
 
12           or other event which is open to the public, likely to
 
13           attract a crowd or cause people to attend or gather to
 
14           observe, or which is engaged in for commercial
 
15           purposes; and
 
16      (b)  Two thousand persons or more may be reasonably expected
 
17           to attend or actually attend the event on a single
 
18           date.
 

 
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 1      (c)  An event is deemed to be a "major commercial public
 
 2           event" if it is widely advertised, engaged in for
 
 3           profit, something is sold or offered for sale,
 
 4           admission is charged, or other commercial
 
 5           characteristics are exhibited.
 
 6      (d)  An event is deemed not to be a "major commercial public
 
 7           event" if it is a regular, ongoing enterprise
 
 8           including, but not necessarily limited to shopping
 
 9           centers and activities therein, educational
 
10           institutions, religious observances;
 
11      (3)  "Promoter" as used in this section:  person, persons,
 
12 corporation, partnership or other entity to produce, promote,
 
13 present, conduct, manage, direct, or otherwise cause to occur a
 
14 major commercial public event except as provided in this statute.
 
15      (4)  Advanced notification shall be made to the Chief of
 
16 Police in the County where a major commercial event is to occur
 
17 in a form and manner to be designated by the Chiefs of Police in
 
18 the respective Counties, which shall include the following
 
19 information about the event, where applicable:
 
20      (a)  Name of event;
 
21      (b)  Names, addresses and contact telephone numbers of
 
22           promoters;
 
23      (c)  Date, starting and ending times;
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (d)  Location;
 
 2      (e)  Number of persons who may be reasonably expected to
 
 3           attend the event;
 
 4      (f)  Description of the type and nature of the event,
 
 5           including the anticipated impact on traffic, the
 
 6           surrounding community, and impact on police and
 
 7           emergency services;
 
 8      (g)  Provisions made for the safety and security of the
 
 9           general public, including commercial security or
 
10           traffic control hired for the event and their function;
 
11      (h)  A statement that the promoter accepts responsibility
 
12           for the general public at the event, including
 
13           provision of adequate insurance to protect the public
 
14           from loss resulting from death, injury or harm arising
 
15           from the event;
 
16      (i)  Whether alcoholic beverages will be sold or dispensed,
 
17           subject to the appropriate County authority approval;
 
18      (5)  Advanced notification shall be made not less than 20
 
19 calendar days prior to the date of the event, or as soon as
 
20 possible thereafter if the event was planned or scheduled less
 
21 than 20 calendar days prior to the date.
 
22      (6)  Nothing in this statute shall be construed as:
 

 
 
 
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 1      (a)  Giving the Chiefs of Police of the Counties the
 
 2           responsibility to approve or disapprove, permit or
 
 3           prohibit, any major commercial public event, nor shall
 
 4           these be compelled to take unusual or extraordinary
 
 5           measures in response to notification;
 
 6      (b)  Preventing, obstructing or discouraging any lawful
 
 7           assembly;
 
 8      (c)  Limiting or preventing any person, persons or entity
 
 9           from engaging in free speech, free exercise of
 
10           religion, political meeting, union activity or any
 
11           right of assembly under the constitution or laws of the
 
12           United States, State of Hawaii, or political
 
13           subdivision thereof.
 
14      (d)  Replacing or rendering unnecessary any permit or
 
15           notification requirements of other appropriate agencies
 
16           under federal or state laws, or political subdivisions
 
17           thereof.
 
18      (e)  Preventing or limiting any person, persons or entity
 
19           affected by any major commercial event from seeking a
 
20           civil remedy in the event of injury or damage.
 
21      (7)  No person shall be guilty of a violation of this
 
22 statute if notification was made and was reasonable, and the
 
23 actual number of persons in attendance, actual impact or other
 

 
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 1 information was not predicted accurately.  Reasonable means
 
 2 following the standard of care that a law-abiding citizen would
 
 3 observe in similar circumstances.
 
 4      (8)  Violation of this section is a misdemeanor."
 
 5      SECTION 2.  This Act does not affect rights and duties that
 
 6 matured, penalties that were incurred, and proceedings that were
 
 7 begun, before its effective date.
 
 8      SECTION 3.  New statutory material is underscored.
 
 9      SECTION 4.  This Act shall take effect upon its approval.
 
10 
 
11                       INTRODUCED BY:  ___________________________