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Honolulu County Unincorporated
City Zoning Code

ARTICLE 2A

HOSTING PLATFORMS

§ 21-2A.10 Booking services.

(a)   It is unlawful for a person acting as, or on behalf of, a hosting platform to provide and collect, or receive a fee for, booking services in connection with any bed and breakfast home or transient vacation unit located within the city if such bed and breakfast home or transient vacation unit is not lawfully registered, permitted, or otherwise allowed as a bed and breakfast home or transient vacation unit pursuant to this chapter at the time the bed and breakfast home or transient vacation unit is booked. A hosting platform shall exercise reasonable care to confirm that a bed and breakfast home or transient vacation unit located within the city is lawfully registered, permitted, or otherwise allowed as a bed and breakfast home or transient vacation unit prior to providing, and collecting or receiving a fee for, booking services.
(b)   Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a bed and breakfast home or transient vacation unit in the city that is not lawfully registered, permitted, or otherwise allowed pursuant to this chapter, including but not limited to insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the residential property or unit.
(c)   Booking services provided by hosting platforms for hotel units or timeshare units must include an identifying tax map key number for the property on which the hotel unit or timeshare unit is located.
(Added by Ord. 19-18; Am. Ord. 22-7)

§ 21-2A.20 Registration.

(a)   It is unlawful for any hosting platform to provide booking services to owners or operators of bed and breakfast homes or transient vacation units located within the city without first registering with the department. In order to register, a hosting platform shall provide a hosting platform registration statement to the director, in a form prescribed by the director, pay a registration fee of $100, and agree in writing:
(1)   To obtain written consent from all owners or operators of bed and breakfast homes or transient vacation units located within the city for the disclosure of the information required under § 21-2A.30; and
(2)   To furnish such information to the city in accordance with § 21-2A.30.
(b)   A hosting platform may cancel its registration under this section by delivering written notice of cancellation to the director. The director may cancel a hosting platform's registration under this section for cause, including any violation of this article, by delivering written notice of cancellation to the hosting platform no later than 90 days prior to the effective date of cancellation. Nothing in this section relieves the owner or operator of a bed and breakfast home or transient vacation unit located within the city from the requirements set forth in § 21-5.730.
(Added by Ord. 19-18)

§ 21-2A.30 Reporting.

(a)   Subject to applicable laws, all hosting platforms registered pursuant to § 21-2A.20 shall report to the director on a monthly basis, on the date and in the electronic format specified by the director, for each bed and breakfast home and transient vacation unit located within the city for which the hosting platform provided booking services in the preceding month. The report must include:
(1)   The names of the persons responsible for each listing;
   (2)    The address of each listing;
(3)   The transient accommodations tax identification number of the owner or operator of the bed and breakfast home or transient vacation unit;
   (4)    The length of stay for each listing; and
(5)   The price paid for each stay.
(b)   The director may disclose such information to the appropriate State or city officials to ensure compliance with this article, State tax laws, and county tax ordinances, and any applicable land use laws and ordinances.
(Added by Ord. 19-18)

§ 21-2A.40 Penalties.

   If the director determines that a hosting platform is violating any provision of this article, notwithstanding the civil fines specified in §§ 21-2.150-2(e)(2)(C) and 21-2.150-2(e)(2)(D), the violator is subject to a civil fine of not less than $1,000 and not more than $10,000 for each day that the violation continues.
(Added by Ord. 19-18; Am. Ord. 22-7)