Report Title:

Land Use; Beach Concession Lease; Hawaiian Beachboy Services

Description:

Authorizing the Board of Land and Natural Resources to enter into lease negotiations for Hawaiian beachboy services for the Duke Kahanamoku beach in Waikiki on Oahu with Hawaii Beachboy Preservation Foundation, Inc. Establishes criteria for the lease. (HB87 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

87

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LAND USE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature recognizes that, in view of the current and prolonged economic downturn that the State of Hawaii has experienced, it is a priority of the legislature to encourage and support the implementation of rational measures to stimulate the state economy.

To this end, the legislature believes that there exist, within the State, certain unique traditional services that perpetuate and exemplify the rich cultural heritage of Hawaii and that the potential loss of purveyors of these traditional services would detrimentally impact not only the State's economic well-being, but the social fabric of Hawaii as well.

The legislature finds that beachboy services provided in the Hawaiian tradition enjoy an iconic status throughout the history of modern Hawaii and around the world. Anecdotal and historical accounts abound regarding tales of famous persons being instructed by Hawaiian beachboys in the ways of the water and the Hawaiian lifestyle as well as being enthralled by their tales of local history and lore. It can be argued that more than any other single endemic vocation in the State, the Hawaiian beachboy has been the most effective ambassador of aloha and the Hawaiian way of life to the world over the past century.

The legislature further finds that the services customarily provided by beachboys in the Hawaiian tradition are such a valued economic and cultural resource and that the State should support efforts to perpetuate this resource by ensuring that beachboy concessions maintain a consistent level of service and are operated by personnel that are not only knowledgeable in traditional Hawaiian beachboy services, but have a proven record of financial responsibility and service to the community as well.

The purpose of this Act is to perpetuate the Hawaii beachboy tradition by authorizing the board of land and natural resources to enter into lease negotiations and execute a lease for beach services operated in the Hawaiian beachboy tradition for the Duke Kahanamoku beach in Waikiki, Oahu.

SECTION 2. Notwithstanding any law to the contrary and pursuant to section 102-2(b)(8), Hawaii Revised Statutes, the board of land and natural resources is authorized to negotiate a direct lease for not less than fifteen years, to the Hawai'i Beachboy Preservation Foundation, Inc., to be located at the Duke Kahanamoku beach in Waikiki, Oahu, subject to the following:

(1) The new lease shall contain those conditions deemed appropriate by the board to carry out the purposes of this Act;

(2) The beach service concession will be operated by a beach service association dedicated to the preservation of the Hawaiian beachboy tradition, incorporated as a nonprofit corporation in accordance with state law, and whose members are appropriately licensed or certified as required by law;

(3) The prospective lessee shall provide documentation that demonstrates an effective "no drug" policy;

(4) The prospective lessee shall have a demonstrated knowledge of ocean currents, wave actions, canoeing, surfing, ocean survival techniques, and the inter-relationship of the sea/ocean conditions relative to the mountains;

(5) The prospective lessee shall possess a valid canoe captain license and a valid surfing instructor license;

(6) The prospective lessee shall possess a current Coast Guard Auxiliary/Sail Captain one hundred ton license;

(7) The prospective lessee shall have at least three years of experience in ocean survival within the State and city and county of Honolulu;

(8) The prospective lessee shall provide documentation showing that the bidder has met all beachboy financial responsibilities (i.e., lease rent) for at least twenty years;

(9) The prospective lessee shall provide documentation of the ability to obtain or possess a liability insurance policy of not less than $1,000,000 to operate at the Duke Kahanamoku beach;

(10) The prospective lessee shall possess a demonstrated record of longevity, commitment to serve the public, (both local residents and tourists), and current/past efforts to promote educational endeavors to all individuals;

(11) The prospective lessee has completed training with American Red Cross in the following:

(A) Lifeguard training and first aid;

(B) CPR: professional rescuer;

(C) Prevention in disease transmission; and

(D) Oxygen administration for professional rescue;

(12) The prospective lessee shall possess at least sixty college credits in social science or a bachelor's degree in social sciences from an accredited college or university;

(13) The director of the prospective lessee shall provide documentation showing that the director of the prospective lessee has operated a beach services concession at Duke Kahanamoku beach in Waikiki, Oahu, for at least twenty-five years; and

(14) If a new lease is issued, then the following may be contained in the lease:

(A) Fair market rent, excluding tenant improvements;

(B) Percentage rent where gross receipts exceed a certain level;

(C) Assignment premium; and

(D) Requirements to substantially improve the property.

SECTION 3. It is the expressed intent of this Act to ensure that:

(1) The legislature not interfere with market forces by subsidizing beach services uses;

(2) The State is receiving a fair return from public lands; and

(3) Investment is made into the infrastructure associated with the lease.

SECTION 4. All costs for the issuance of a new lease, including determining the current fair market value and the request for proposals, shall be paid for by the lessee interested in acquiring a new lease.

SECTION 5. This Act shall take effect upon its approval.