REPORT TITLE:
Major Commercial Public Event


DESCRIPTION:
Regulates major commercial public events.

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

RELATING TO MAJOR COMMERCIAL PUBLIC EVENT.



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 event.  (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 section.
 
 8      (2)  For the purposes of this section:
 
 9      (a)  "Major commercial public event" means a festival,
 
10           performance, carnival, circus, fair, concert, show,
 
11           sports contest, competition, meet, tournament, display,
 
12           exhibition, demonstration of skill, or other event
 
13           that:
 
14           (i)  Is open to the public;
 
15          (ii)  May be widely advertised;
 
16         (iii)  May reasonably be expected to draw a crowd of at
 
17                least two thousand people;
 
18          (iv)  Is engaged in for profit or something is sold or
 
19                offered for sale; or
 

 
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 1           (v)  Charges an admission fee, or provides other
 
 2                commercial activity.
 
 3      (b)  "Promoter" means a person, corporation, partnership or
 
 4           other legal entity that produces, promotes, presents,
 
 5           conducts, manages, directs, or otherwise causes to
 
 6           occur a major commercial public event.
 
 7      (3)  A promoter shall provide notice to the chief of police
 
 8 in the county where a major commercial event is to occur in a
 
 9 form and manner prescribed by that chief of police that shall
 
10 include the following information:
 
11      (a)  Name of the event;
 
12      (b)  Names, addresses and contact telephone numbers of the
 
13           promoters;
 
14      (c)  Beginning and ending dates and times of the event;
 
15      (d)  Location of the event;
 
16      (e)  Number of persons who may be reasonably expected to
 
17           attend the event;
 
18      (f)  Description of the type and nature of the event,
 
19           including the event's anticipated impact on traffic,
 
20           the surrounding community, and local police and
 
21           emergency services;
 
22      (g)  Any provisions made by the promoter for the safety and
 
23           security of the general public, including commercial
 

 
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 1           security or traffic control hired for the event and
 
 2           their specific function;
 
 3      (h)  A written statement that the promoter accepts legal
 
 4           responsibility for the general public at the event,
 
 5           including the procurement of adequate insurance
 
 6           coverage to protect the public from personal or
 
 7           property loss resulting from death, injury or harm
 
 8           arising from the event; and
 
 9      (i)  Whether alcoholic beverages will be sold or dispensed
 
10           and proof of appropriate county approval.
 
11      (4)  A promoter shall provide notice not less than twenty
 
12 calendar days prior to the date of the event to the county chief
 
13 of police, or as soon as possible if the event was planned or
 
14 scheduled less than twenty calendar days prior to the date of the
 
15 event.
 
16      (5)  Nothing in this section shall be construed to:
 
17      (a)  Give the chiefs of police the responsibility to approve
 
18           or disapprove, permit or prohibit any major commercial
 
19           public event;
 
20      (b)  Prevent, obstruct, or discourage any lawful assembly;
 
21      (c)  Limit or prevent any person, or legal entity from
 
22           exercising their right to freedom of speech or religion
 
23           or to assemble for political meetings, union activity,
 

 
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 1           or any other lawful purpose allowed by law; or
 
 2      (d)  Prevent or limit any person or legal entity harmed by
 
 3           any major commercial event from seeking a civil remedy
 
 4           in the event of injury or damage.
 
 5      (6)  No person shall be guilty of a violation under this
 
 6 section for providing erroneous information supplied in good
 
 7 faith.
 
 8      (7)  Violation of this section is a misdemeanor."
 
 9      SECTION 2.  This Act does not affect rights and duties that
 
10 matured, penalties that were incurred, and proceedings that were
 
11 begun, before its effective date.
 
12      SECTION 3.  New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14 
 
15                       INTRODUCED BY:  ___________________________