REPORT TITLE:
Street Vendors


DESCRIPTION:
Effectuates the enforcement of laws that prohibit road-side
vendors. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2992
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO STREET VENDORS.



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

 1      SECTION 1.  The Legislature finds that road-side vending
 
 2 along public highways throughout the state has unfortunately
 
 3 become commonplace.  The existing statute that bars road-side
 
 4 vending is not consistently enforced and the law appears to be
 
 5 readily ignored by the citizenry.  Thus, the likelihood for
 
 6 serious injury or death arising as a result of this road-side
 
 7 activity has increased proportionately.  Moreover, due to the
 
 8 poor health of Hawaii's economy, many individuals have resorted
 
 9 to road-side vending as a means to supplement their income.
 
10 However, the state and counties are unable to collect any tax
 
11 revenue from this unregulated economic activity.  Thus, the
 
12 people lose on two fronts:  safety is seriously compromised, and
 
13 government forfeits a meaningful source of tax revenue to fund
 
14 existing services and operations.  Finally, the failure to
 
15 consistently enforce the exisitng statute encourages public
 
16 indifference to the road-side vending ban and discourages
 
17 otherwise industrious people from establishing businesses in
 
18 areas properly zoned for -- and in desperate need of-- legitimate
 
19 commercial activities.  Therefore, the purpose of this bill is to
 

 
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 1 effectuate the enforcement of the exisitng road-side vendor ban.  
 
 2      SECTION 2.  Section 264-101, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4                  "PART VII.  CONTROL OF VENDINGB
 
 5      [[]§264-101[]]  Vending from state highways prohibited.  Any
 
 6 vehicle or structure parked or placed wholly or partly within the
 
 7 right-of-way of any state highway for the purpose of selling the
 
 8 vehicle or structure or of selling therefrom or therein any
 
 9 article, service, or thing, creates a hazardous condition or is a
 
10 public nuisance and the [department of transportation may]
 
11 respective county police departments shall remove or require the
 
12 immediate removal of the vehicle or structure from the highway."
 
13      SECTION 3.  Section 264-102, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]§264-102[]]  Penalty.  Any person parking any vehicle or
 
16 placing any structure wholly or partly within any state highway
 
17 for the purpose of selling the vehicle or structure or selling
 
18 therefrom or therein any article, service, or thing is guilty of
 
19 a misdemeanor and shall pay a civil fine of no l[As than $500."
 
20      SECTION 4.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 

 
 
 
 
 
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 1      SECTION 5.  This Act shall take effect on July 1, 2000.
 
 2 
 
 3                       INTRODUCED BY:  ___________________________