HOUSE OF REPRESENTATIVES

H.R. NO.

78

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 


HOUSE RESOLUTION

 

 

urging MAUI county to immediately ban predatory cosmeticS stores from doing business in Lahaina.

 

 

 


     WHEREAS, numerous predatory cosmetics stores have opened on Front St. in Lahaina, creating an aggressive, intimidating atmosphere for visitors; and

 

     WHEREAS, there have been numerous complaints by residents and visitors claiming that they have been accosted by the personnel of these predatory cosmetics stores with the use of their aggressive sales techniques; and

 

     WHEREAS, these predatory cosmetics stores also engage in unscrupulous behavior in the production of their products and in the aggressive application of their products to unsuspecting visitors; and

 

     WHEREAS, the County of Maui entered into a settlement agreement with these cosmetics stores, but the terms of that agreement are being violated by the vendors in the course of business; and

 

     WHEREAS, the community has demanded enforcement of violations of the agreement, which have repeatedly occurred; and

 

     WHEREAS, the people of Lahaina have repeatedly demanded action by the government to address these predatory cosmetics stores; and

 

     WHEREAS, previous attempts by the Legislature to address this issue have proven futile because the Legislature may only address issues of a general nature, rather than specifically targeting a certain area; and

     WHEREAS, under the Hawaii State Constitution, the counties are given authority to regulate business uses in a particular area via their zoning powers; and

 

     WHEREAS, the counties, through zoning ordinances and the zoning process, have prohibited certain types of businesses from operating in certain areas because of the businesses' general negative effect on the health, safety, and welfare of the citizens of the communities, such as places of adult entertainment activity; and

 

     WHEREAS, by prohibiting predatory cosmetics stores through the zoning process, landlords would be incentivized to diligently address the actions of their cosmetics store tenants; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, that Maui County is urged to immediately ban predatory cosmetics stores in Lahaina; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Mayor of Maui County, Chair of the Maui County Council, West Maui representative of the Maui County Council, Director of the Planning Department of Maui County, President of the Lahaina Town Action Committee, and President of the West Maui Taxpayers Association.

 

 

 

 

OFFERED BY:

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Report Title: 

Predatory Cosmetic Stores; Zoning; Maui