§342G-113  Redemption of empty depositbeverage containers.  (a)  Except as provided in subsection (b), a dealershall:

(1)  Operate a redemption center by July 1, 2005, andshall accept all types of empty deposit beverage containers with a Hawaiirefund value;

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

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

(b)  Subsection (a) shall not apply to anydealer:

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

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

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

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

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

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

(7)  Who meets other criteria established by thedirector.

Notwithstanding paragraphs (1) and (2), the directormay allow the placement of redemption centers at greater than prescribeddistances to accommodate geographical features while ensuring adequate consumerconvenience.

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

(d)  If there is no redemption center withinthe 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 aredemption center in that area.  If a redemption center is deemed necessary,then the State, with assistance from the county, shall establish the redemptioncenter with funding from the deposit beverage container deposit special fund.

(e)  Businesses that sell deposit beverages foron-premises consumption, such as hotels, bars, and restaurants, shall collectused deposit beverage containers from the patron and either use a certifiedredemption center for the collection of containers or become a certifiedredemption center. [L 2002, c 176, pt of §2; am L 2004, c 241, §7; am L 2005, c206, §3]