Under and by virtue of the authority conferred upon him by Chapter 91, Hawaii Revised Statutes (HRS); Article 3, Chapter 30, Revised Ordinances of Honolulu 1978 (ROH); Section 6-1203, Revised Charter of the City and County of Honolulu; and every other enabling power, the Director of Parks and Recreation, subject to the approval of the Mayor of the City and County of Honolulu, hereby adopts the following rules and regulations relating to Beachboy Concessions.    

SECTION 1. Findings and Purpose

Pursuant to Act 232 and to Ordinance 90-74, the people of the City and County of Honolulu have determined that the beachboys have historically added much to life at the beaches, know the beaches well, are strong water men and provide an informal and voluntary source of instruction to visitors and other surfing novices.

It has been further recognized that beachboys have made beaches more attractive to the tourists and others by providing water sports equipment and water sports instructions. In addition, the beachboys provide a level of safety by their instructions and willingness to assist in lifesaving measures.

Finally, it is recognized that a non-bid beachboy concession within City parks exists as a privilege, not as a right.

Therefore, all reasonable measures by the Department of Parks and Recreation to minimize the adverse impacts of these activities, upon the general public and upon park capacities, are just and proper.

The following measures may include but are not limited to temporarily or permanently curtailing activities at any one location which may become incompatible due to changes in circumstances.

SECTION 2. Applicability and Scope

These rules shall apply to all areas of the park system under the jurisdiction of the City and County of Honolulu as defined in Section 13-14.1, ROH. The purpose of these rules is to govern the use and protection of the City and County beach park system.

SECTION 3. Definitions

As used in these rules, unless the context requires otherwise:

    "Applicant" means a nonprofit corporation determined to be an organization exempt from income tax under Section 501 of the Federal Internal Revenue Code and dedicated to the preservation of the Hawaii beachboy tradition and whose members are qualified beachboys appropriately licensed by law to provide beach-related services.

    "Authorized representative" means any person legally or otherwise properly designated to act for the Director.

    "Department" means the Department of Parks and Recreation, City and County of Honolulu.

    "Director" means the Director of Parks and Recreation, City and County of Honolulu.

    "Nonprofit beachboy concession" means the grant to a qualified nonprofit beachboy association, the privilege of conducting operations essentially retail in nature, involving the rental of surfboards, body boards or canoes, surfing instruction, and other water-related services.

    "Qualified nonprofit beachboy association" means an association which is dedicated to the preservation of the beachboy tradition and incorporated as a nonprofit corporation in accordance with State law and determined to be an ongoing action exempt from income tax under Section 501 of the Federal Internal Revenue Code.

    "Qualified beachboys" means beachboys who are licensed pursuant to Chapter 82, Title 19, Hawaii Administrative Rules (Department of Transportation, State of Hawaii) to provide such services.

SECTION 4. Terms of Nonprofit Beachboy Concession Contract

The term of the nonprofit beachboy concession contract shall be for a period of five (5) years, commencing from the date designated by the City in its "Notice to Proceed," unless sooner terminated for noncompliance of the contract.

SECTION 5. Scope of Concession

The concessionaire shall have the exclusive right to sell beach services and goods of the types, quantity, quality and at prices established or as may be approved by the City.


SECTION 6. Description of Premises

The concession area shall be as designated by the City.

SECTION 7. Rental

The rental shall be on a monthly basis as agreed upon between the City and the nonprofit beachboy association which is awarded the concession rights.

SECTION 8. Operational Control

(a)    The concession shall be open for business every day of the year during the hours designated by the Director or as otherwise authorized by the Director.

(b)    The concessionaire shall provide all equipment and supplies and maintain an adequate staff of qualified beachboys to provide efficient, prompt and courteous service at all times. The City shall have the right to eject from the premises, any member of the nonprofit beachboy association whose conduct is improper, inappropriate or offensive. All members of the association shall wear, in a conspicuous place, a badge or other appropriate means of identification subject to the approval of the Director.

SECTION 9. Service and Price

The concessionaire shall submit a list of beach-related services and goods to be offered to the public and the prices to be charged for such services and goods. The Director of Finance shall be the final authority in the determination and establishment of such fees.

The concessionaire may apply to the Director of Finance for permission to sell or rent other items not included on the initial list by submitting justification for the inclusion of such items and the proposed prices to be charged. No food, beverage, clothing and items not specifically approved by the Director of Finance shall be sold or rented out by the concessionaire.

SECTION 10. Maintenance and Cleanup

The concessionaire shall, at all times, keep and maintain the premises, equipment, supplies and all areas used by the association or assigned to them in a clean and sanitary condition in conformance with the requirements of the State Department of Health and to the satisfaction of the Director of Parks and Recreation. Any authorized representative shall have the right to enter the concession premises at all reasonable times for the purpose of examining the state of repair and condition of the premises and the equipment, and for the purpose of determining whether the terms of the rules are being fully and faithfully observed and performed.

SECTION 11. Signs and Advertising

The concessionaire shall post at the beach service operation, a sign of appropriate size and design prominently displaying rental rates and prices and other signs as requested by the Director. All such signs shall be approved by the Director. No hawking, solicitation or unauthorized advertising shall be made by the concessionaire or members of the nonprofit beachboy association on or outside of the premises or on a public address system. The concessionaire shall not engage in or have any form of advertising without the consent of the Director.

SECTION 12. Staff

The concessionaire shall utilize only qualified beachboys to provide services pursuant to Chapter 82, Title 19, Hawaii Administrative Rules (Department of Transportation, State of Hawaii).

SECTION 13. Insurance

The concessionaire shall, at his expense, procure a comprehensive general liability insurance policy in an amount satisfactory to the City Director of Finance and maintain such insurance throughout the term of the concession contract. Certificate of insurance of such policies naming the City and County of Honolulu as an additional insured shall be submitted to the Department.

SECTION 14. General Conditions

(a)    The concessionaire shall be responsible for the safety of persons under his charge and for determining that their physical capability and experience are adequate to safely participate under existing sea and surf conditions.
    
(b)    The concessionaire shall provide a list of qualified and licensed beachboys to the Department.    

(c)    Only licensed instructors and canoe captains shall be allowed to provide surfing lessons and canoe rides. Use of unlicensed and unqualified personnel by the concessionaire shall be grounds for immediate termination of the contract by the City.

(d)    The concessionaire shall not make alterations or repairs to the premises or erect any structure without the prior consent of the Director.

(e)    The concessionaire shall be deemed to be an independent contractor and not the agent, employee, partner or joint venture of the City.

(f)     The concessionaire shall remove from the concession premises, all equipment at the close of the business day, except for canoes and other equipment as approved by the Director.

(g)    The concessionaire shall not use picnic tables, benches and other items owned by the City.

(h)    The concessionaire shall not construct, fabricate or repair surfboards at the premises.

(i)     The concessionaire shall observe, perform and comply with all governmental laws, ordinances, rules and regulations of the United States, the State of Hawaii, the City and County of Honolulu or any department or any agency thereof, in the operation of the concession. Any reference to such laws, ordinances, rules and regulations shall include any amendments thereto.

SECTION 15. Surrender of Premises Upon Termination

Upon termination of the contract, the concessionaire shall remove all merchandise and equipment and shall peaceably surrender possession of the premises in good order, condition and repair, reasonable wear and tear excepted.

SECTION 16. Severability

If any section, subsection, sentence, clause, phrase or portion of these rules is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.

SECTION 17. Effective Date

These rules shall take effect ten days after filing with the Office of the City Clerk.

Adopted this 28th day of October, 1991, by the Director of the Department of Parks and Recreation, City and County of Honolulu, State of Hawaii.

                                                                                            __________________________________
                                                                                            WALTER M. OZAWA, Director
                                                                                             Department of Parks and Recreation
                                                                                             City and County of Honolulu

APPROVED AS TO FORM AND LEGALITY:

________________________________
DEPUTY CORPORATION COUNSEL

APPROVED THIS 18th DAY OF
November     1991.

________________________________
FRANK F. FASI, Mayor
City and County of Honolulu

I, Walter M. Ozawa, in my capacity as Director of the Department of Parks and Recreation, City and County of Honolulu, do hereby certify that the foregoing is a full, true and correct copy of the Rules and Regulations Relating to Beachboy Concessions which were adopted on October 28, 1991, following a public hearing held on October 17, 1991, after public notice was given on Sunday, September 15, 1991, in the Sunday Star-Bulletin and Advertiser.

                                                                                     __________________________________
                                                                                     WALTER M. OZAWA, Director
                                                                                      Department of Parks and Recreation
                                                                                      City and County of Honolulu
                            
                            
Received this  22nd  day of
November    , 1991.

_________________________________
RAYMOND K. PUA, CITY CLERK