DEPARTMENT OF PARKS AND RECREATION
CITY AND COUNTY OF HONOLULU

PUBLIC HEARING NOTICE
For the Repeal of the Rules and Regulations
Governing the Sale of Message-Bearing Merchandise by
Nonprofit Organizations in City Parks and Facilities
And to Adopt Proposed City and County of Honolulu
Administrative Rules, Title 19, Chapter 18,
Sale or Distribution of Expressive Materials

Notice is hereby given of proposed rule repeal, rulemaking and public hearing by the Department of Parks and Recreation, City and County of Honolulu, to consider the repeal of the Rules and Regulations Governing the Sale of Message-Bearing Merchandise by Nonprofit Organizations in City Parks and Facilities (“current rules”) and the adoption of proposed City and County of Honolulu Administrative Rules, Title 19, Chapter 18, governing the Sale or Distribution of Expressive Materials (“proposed rules”).

The Department of Parks and Recreation proposes to repeal the current rules regulating the sale of message-bearing merchandise by a nonprofit organizations in city parks and facilities for the purpose of converting the current rules to the Hawaii administrative rules form and adopting new rules governing the sale or distribution of expressive materials. The proposed rules prohibit the sale of message-bearing merchandise, including but not limited to food, drink, clothing, handicraft, audio or video tapes, beverage containers, footwear, etc., but permit the sale or distribution of expressive materials in city parks. Expressive materials is defined to include any written or printed materials containing political, religious, philosophical or ideological messages. The proposed rules add new definitions, establishes procedures governing the sale or distribution of expressive materials, establishes a permit process for the use of a portable table in conjunction with the sale or distribution of expressive materials, and adds an appeal process for the denial of an application or revocation of a permit.

The proposed new rules are summarized as follows:

§19-18-1: Describes the purposes for the new rules.
§19-18-2: Scope of rules extend to the sale or distribution of expressive materials.
§19-18-3: Definition section
§19-18-4: The rules apply to all properties under Department of Parks and Recreation jurisdiction.
§19-18-5: Solicitation of funds or donations or sale or distribution of expressive materials permitted in city parks.
§19-18-6: Procedures for the sale or distribution of expressive materials, including permitting requirements for the use of a portable table.
§19-18-7: Appeal process for the denial of an application or revocation of a permit.
§19-18-8: Authority established to close portions of a park.
§19-18-9: Department reserves the right to seize any merchandise distributed on park land by any person violating any provision of this chapter.

A public hearing will be held on February 22, 2017, in the Mission Memorial Building, 550 South King Street, 1st floor conference room, starting at 2:00 p.m. and ending at 4:00 p.m.

All interested persons are urged to attend the public hearing and present data, views, or arguments in the time limit provided, for consideration by the Department of Parks and Recreation. Persons unable to attend or wishing to present additional comments may mail written testimony to the Department of Parks and Recreation, Executive Services Division, 1000 Uluohia Street, Suite 309, Kapolei, Hawaii 96707 or email testimony to parks@honolulu.gov (include as your subject “testimony”) no later than March 01, 2017.

Interested persons may review the current rules to be repealed and proposed rules to be adopted starting today and ending five days prior to the day of the public hearing during the hours of 7:45 a.m. to 4:30 p.m. at the Department of Parks and Recreation, 1000 Uluohia Street, Suite 309, Kapolei, Hawaii 96707.

A copy of the rules to be repealed and proposed rules to be adopted will be mailed to any person who submits a written request to the above address and pays the required fee of $6.75 for the cost of duplicating the documents and postage. A complete set of the current rules to be repealed and proposed rules to be adopted are also available, free of charge, on the City’s internet web site: http://www.honolulu.gov/parks/

Individuals interested in attending the public hearing who have special needs or require special assistance may contact the Department of Parks and Recreation at 768-3006 or by writing to the above address, at least five (5) business days before the schedule public hearing.

MICHELE K. NEKOTA, Director
Department of Parks and Recreation
(SA955689 1/20/17)~