§102-2  Contracts for concessions; bid
required, exception.  (a)  Except as otherwise specifically provided by
law, no concession or concession space shall be leased, let, licensed, rented
out, or otherwise disposed of either by contract, lease, license, permit or any
other arrangement, except under contract let after public notice for sealed
bids in the manner provided by law; provided that the duration of the grant of
the concession or concession space shall be related to the investment required
but in no event to exceed fifteen years; provided further that and subject to
approval by county council resolution, the fifteen-year limit shall not apply
to 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 the
following purposes:



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



(2)  For lei vendors;



(3)  For airline and aircraft operations;



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



(5)  For operation of concessions set aside without
any charge;



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



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



(8)  For operation of concessions or concession spaces
for a beach service association dedicated to the preservation of the Hawaii
beach boy tradition, incorporated as a nonprofit corporation in accordance with
state law, and whose members are appropriately licensed or certified as
required 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 nonprofit
corporations incorporated in accordance with state law solely for purposes of
supporting county aims and goals of the zoo, botanic garden, or other county
park, and operating under agreement with the appropriate agency solely for such
purposes, aims, and goals;



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



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



(c)  The bidding requirements of subsection (a)
shall not apply to any nonrenewable dispositions granting rights for a period
not in excess of fourteen days. [L 1959, c 245, §1; am L 1960, c 14, §2; am L
1962, 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, c
5, §2]



 



Attorney General Opinions



 



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



 



Case Notes



 



  Noninclusion of foreign exchange concessions under section
emphasizes legislature's contemplation that foreign exchange concession at
airport could be exclusive.  745 F.2d 1281.



 



Hawaii Legal Reporter Citations



 



  Antitrust.  80-1 HLR 800049.