County bill would establish permit system for roadside vendors

Roadside vendors will need a permit to hawk their wares on county roads under a measure being considered by a Hawaii County Council committee today.

Currently, the county code permits nobody to use county streets for commercial activities such as selling food or merchandise for any reason. Despite this, many people do exactly that, with roadside booths and kiosks a common sight around the island.

County Bill 184 would change that by establishing a permit system allowing for temporary commercial use of a road, including a series of regulatory standards with which vendors would be required to comply.

County Councilwoman Ashley Kierkiewicz, co-introducer of the measure, said the bill is responding to a crackdown last year by the Department of Transportation in collaboration with the Hawaii Police Department and the county Planning Department. In Dec. 2023, the three agencies began enforcing a state ban of the use of state and county roadways for commercial activities, with violators facing criminal prosecution.

“That affected a lot of people’s livelihoods,” Kierkiewicz said. “And we realized there wasn’t any permitting process for people to use county roads.”

The bill’s other introducer, Kona Councilman Holeka Inaba, said the measure is intended to ensure that people still have an opportunity to make a living safely.

“It’s meant to open up an avenue for economic development,” Inaba said. “If someone isn’t able to afford a store front but they have things to sell, why wouldn’t we try to support local workers?”

Kierkiewicz said she envisions the process to work similarly to state Department of Health placards: vendors will be granted an easily-visible permit that proves they’re authorized to sell at a particular location.

Under the measure, applicants will be required to submit several documents in order to be granted a permit, including a valid state business license, a waste management plan and an agreement indemnifying the county from all claims or legal action arising from the commercial activity.

Applicants must also have a certificate of insurance and proof of a public liability insurance policy with a minimum coverage of $1 million per occurrence. Inaba said this coverage amount is the minimum required for other events planned at county facilities.

Permits will be issued for up to one year and are location-specific. If a vendor wants to set up at a different location, they will need to apply for a new permit.

The Director of Public Works would have discretionary power to grant or refuse a permit, Inaba said. If an area is considered unsafe or is too crowded with other vendors, the director can deny an application.

Inaba said his initial conception of the measure would identify specific roads within each county district where vendors would be allowed to set up, but feedback from the Department of Public Works led to the bill’s current form, which doesn’t specify any particular roads but allows for the director’s determination on a case-by-case basis.

Application fees would be $50, while vendors operating without a permit would be fined $1,000.

That said, Kierkiewicz said the bill is “just a proposal” in its current state, and added that she is open to tweaking specific requirements based on feedback from the council and the public.

Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.