ยง445-95 - Conditions for conditional operation.
ยง445-95ย Conditions for conditional
operation. ย The owner or operator of a lodging or tenement house, group
home, group residence, group living arrangement, hotel, or boardinghouse shall:
(1)ย Not permit noisy or disorderly conduct in the
building or buildings;
(2)ย Not allow any person engaging in acts of
prostitution to reside therein or resort thereto;
(3)ย Not allow intoxicating liquor or other
intoxicating substance to be furnished or sold therein, except as authorized by
law;
(4)ย Keep the building or buildings and premises in
good sanitary condition, in accordance with law and with the orders of the
agent of the department of health;
(5)ย At all times allow the police and agents of the
state department of health and agents of the appropriate county agencies
responsible for compliance with the county's building and zoning codes access
for purposes of inspection to enforce or administer this chapter and other
applicable laws or rules;
(6)ย Not allow any gaming;
(7)ย If a lodging or tenement house, group home, group
residence, group living arrangement, or boardinghouse, keep records identifying
its tenants, lodgers, or boarders; and
(8)ย Not deliver or purport to deliver health care
services or treatment unless it is licensed, certified, or contracted for by
the State or other governmental agencies to do so. [L 1896, c 64, ยง71; RL 1925,
ยง2056; RL 1935, ยง2478; RL 1945, ยง7081; RL 1955, ยง155-62; am L Sp 1959 2d, c 1,
ยง19; HRS ยง445-95; am L 1986, c 149, ยง5; am L 1987, c 333, ยง6; am L 1990, c 164,
ยง17; am L 2001, c 35, ยง5]
Cross References
ย Liquor license, see chapter 281.
Case Notes
ย Building does not lose character as restaurant because
portion occupied as dwelling.ย 11 H. 363.ย "Furnish" may include
gifts.ย Id.ย Subdivision (3) constitutional.ย Id.
ย Cited:ย 11 H. 57, 60.