§102-2  Contracts for concessions; bidrequired, exception.  (a)  Except as otherwise specifically provided bylaw, no concession or concession space shall be leased, let, licensed, rentedout, or otherwise disposed of either by contract, lease, license, permit or anyother arrangement, except under contract let after public notice for sealedbids in the manner provided by law; provided that the duration of the grant ofthe concession or concession space shall be related to the investment requiredbut in no event to exceed fifteen years; provided further that and subject toapproval by county council resolution, the fifteen-year limit shall not applyto nonprofit corporations organized pursuant to chapter 414D.

(b)  The bidding requirements of subsection (a)shall not apply to concessions or space on public property set aside for thefollowing purposes:

(1)  For operation of ground transportation servicesand parking lot operations at airports, except for motor vehicle rentaloperations under chapter 437D;

(2)  For lei vendors;

(3)  For airline and aircraft operations;

(4)  For automatic teller machines and vendingmachines, except vending machines located at public schools operated by blindor visually handicapped persons in accordance with section 302A-412;

(5)  For operation of concessions set aside withoutany charge;

(6)  For operation of concessions by handicapped orblind persons; except concessions operated in the public schools by blind orvisually handicapped persons in accordance with section 302A-412;

(7)  For operation of concessions on permits revocableon notice of thirty days or less; provided that no such permits shall be issuedfor more than a one year period;

(8)  For operation of concessions or concession spacesfor a beach service association dedicated to the preservation of the Hawaiibeach boy tradition, incorporated as a nonprofit corporation in accordance withstate law, and whose members are appropriately licensed or certified asrequired by law;

(9)  For operation of concessions at county zoos,botanic gardens, or other county parks which are environmentally, culturally,historically, or operationally unique and are supported, by nonprofitcorporations incorporated in accordance with state law solely for purposes ofsupporting county aims and goals of the zoo, botanic garden, or other countypark, and operating under agreement with the appropriate agency solely for suchpurposes, aims, and goals;

(10)  For operation of concessions that furnish goodsor services for which there is only one source, as determined by the head ofthe awarding government agency in writing that shall be included in thecontract file; and

(11)  For any of the operations of the Hawaii healthsystems corporation and its regional system boards.

(c)  The bidding requirements of subsection (a)shall not apply to any nonrenewable dispositions granting rights for a periodnot in excess of fourteen days. [L 1959, c 245, §1; am L 1960, c 14, §2; am L1962, c 5, §2; am L 1963, c 93, §§2, 3; Supp, §7B-1; am L 1967, c 189, §§1, 2;HRS §102-2; am L 1986, c 185, §2; am L 1987, c 101, §1; am L 1991, c 232, §1;am L 1996, c 44, §1 and c 89, §9; am L 2001, c 303, §2; am L 2002, c 253, §6;am L 2004, c 201, §§2, 6; am L 2007, c 15, §1 and c 290, §14; am L Sp 2009, c5, §2]

 

Attorney General Opinions

 

  Chapter's bidding requirements not applicable to sale ofbroadcasting right to University of Hawaii athletic events.  Att. Gen. Op.84-5.

 

Case Notes

 

  Noninclusion of foreign exchange concessions under sectionemphasizes legislature's contemplation that foreign exchange concession atairport could be exclusive.  745 F.2d 1281.

 

Hawaii Legal Reporter Citations

 

  Antitrust.  80-1 HLR 800049.