Simplify proposed permitting process for street vending, decrease fines

The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Hawai’i County Council on Oct. 2, 2024.
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Oct. 2, 2024, 1 p.m.
Hawai‘i County Building

To: Hawai’i County Council
Heather Kimball, Chair
Holeka Goro Inaba, Vice-Chair

From: Jonathan Helton, Policy Researcher
          Grassroot Institute of Hawaii

RE: Bill 184 — RELATING TO THE USE OF COUNTY STREETS; AND ESTABLISHING A SPECIAL ACTIVITY PERMIT FOR COMMERCIAL ACTIVITIES

Aloha Chair Kimball, Vice-Chair Inaba and other members of the Council, 

The Grassroot Institute of Hawaii supports — and offers amendments to —Bill 184, Draft 2, which would set up a special activity permit for businesses that want to sell food or sell, rent or lease merchandise on or beside county streets. Nonprofit organizations would be exempt from needing a special activity permit.

This would open up roadside vending opportunities to small business owners across the island, since currently such activities are illegal.

Permit applicants would need to provide the Hawai‘i County Department of Public Works director a valid business license, proof of insurance and other business-related information. Further, the Council would specify by ordinance the streets where such vending would be allowed.

The nature of roadside vending means most of the people who apply for permits under this bill would be local families and entrepreneurs, not corporations. Tourism is the biggest sector of the island’s economy, and Bill 184 would allow more people to directly benefit from the visitor industry.

Grassroot generally supports this bill but offers two amendments that would make the process less burdensome for applicants.

First, we suggest changing the street designation process. Requiring that the Council pass an ordinance every time it wants to legalize vending on a new street would take up a lot of this body’s time and effort.

The process would be more straightforward if Council — in consultation with the Department of Public Works and the chief of police — had the authority to prohibit vending on specific streets. This would allow Council to spend its time identifying roads where street vending is an actual risk.

Second, we request the $1,000 fine for street vending without a permit to be reduced to $50 or $100.

A $1,000 fine could cause financial distress for many vendors, especially those who are unaware of the need for a permit or be detrimental to nonprofits selling goods outside their headquarters that might not be on a street designated for vending by the Council.

Overall, Grassroot appreciates the intent of this measure and would welcome further dialogue about it. 

Thank you for the opportunity to testify.

Jonathan Helton
Policy Researcher
Grassroot Institute of Hawaii

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