§342G-113  Redemption of empty deposit
beverage containers.  (a)  Except as provided in subsection (b), a dealer
shall:



(1)  Operate a redemption center by July 1, 2005, and
shall accept all types of empty deposit beverage containers with a Hawaii
refund value;



(2)  Pay to the redeemer the full refund value for all
deposit beverage containers that bear a valid Hawaii refund value; and



(3)  Ensure each deposit beverage container collected
is recycled, and forward documentation necessary to support claims for payment
as stated in section 342G-119 or rules adopted under this part.



(b)  Subsection (a) shall not apply to any
dealer:



(1)  Who is located in a high density population area
as defined by the director in rules, and within two miles of a certified redemption
center that is operated independently of a dealer;



(2)  Who is located in a rural area as defined by
rule;



(3)  Who subcontracts with a certified redemption
center to be operated on the dealer's premises;



(4)  Whose sales of deposit beverage containers are
only via vending machines;



(5)  Whose place of business is less than five
thousand square feet of interior space;



(6)  Who can demonstrate physical or financial
hardship, or both, based on specific criteria established by rule; or



(7)  Who meets other criteria established by the
director.



Notwithstanding paragraphs (1) and (2), the director
may allow the placement of redemption centers at greater than prescribed
distances to accommodate geographical features while ensuring adequate consumer
convenience.



(c)  Regardless of the square footage of a
dealer's place of business, dealers who are not redemption centers shall post a
clear and conspicuous sign at the primary public entrance of the dealer's place
of business that specifies the name, address, and hours of operation of the
closest redemption center locations.



(d)  If there is no redemption center within
the two-mile radius of a dealer due to the criteria described in subsection
(b), then the respective county and the State shall determine the need for a
redemption center in that area.  If a redemption center is deemed necessary,
then the State, with assistance from the county, shall establish the redemption
center with funding from the deposit beverage container deposit special fund.



(e)  Businesses that sell deposit beverages for
on-premises consumption, such as hotels, bars, and restaurants, shall collect
used deposit beverage containers from the patron and either use a certified
redemption center for the collection of containers or become a certified
redemption center. [L 2002, c 176, pt of §2; am L 2004, c 241, §7; am L 2005, c
206, §3]