HONOLULU — The Department of Land and Natural Resources Division of Boating and Ocean Recreation issued cease-and-desist notices to four hotels and five commercial vendors for repeatedly violating the state prohibition against presetting commercial beach equipment on certain beaches under state jurisdiction. 

What You Need To Know

  • The notices cite Act 227 (HRS Section 200-3.5), which explicitly prohibits presetting of equipment, such as beach chairs, without a customer being physically present. The law also requires that equipment be removed as soon as a customer is finished using it
  • The statute applies to beaches under the jurisdiction of the DLNR, including private beaches for which the state has an easement or other property interest
  • DLNR personnel observed beach chairs being preset on Waikiki Beach fronting the Moana Surfrider Hotel, the Outrigger Waikiki Hotel, the Royal Hawaiian Hotel, and the Sheraton Waikiki Beach Resort
  • In addition to the four hotels, cease-and-desist orders were also sent to Waikiki Beach Beachboys at the Sheraton Waikiki LLC, Waikiki Beach Services at the Royal, LLC, Aqualani, Faith Hawaii Surf School LLC, and Aloha Beach Services

The notices cite Act 227 (HRS Section 200-3.5), which explicitly prohibits presetting of equipment, such as beach chairs, without a customer being physically present. The law also requires that equipment be removed as soon as a customer is finished using it.

The statute applies to beaches under the jurisdiction of the DLNR, including private beaches for which the state has an easement or other property interest. This jurisdiction includes the beach area in the Royal Hawaiian Sector where the state has an easement for foot passage and sunbathing.

The notices were sent after personnel from DOBOR and the DLNR Division of Conservation and Resources Enforcement conducted site visits and observed continued presetting of commercial beach equipment.

“During the latest visit, rows upon rows of chairs were photographed and videotaped after being set up in the morning on lands under the management of DLNR specific to the area of Waikiki Beach fronting the Moana Surfrider Hotel, the Outrigger Waikiki Hotel, the Royal Hawaiian Hotel, and the Sheraton Waikiki Beach Resort,” DOBOR stated in a release issued on Friday.

In addition to the four hotels, orders were also sent to Waikiki Beach Beachboys at the Sheraton Waikiki LLC, Waikiki Beach Services at the Royal, LLC, Aqualani, Faith Hawaii Surf School LLC, and Aloha Beach Services.

DOCARE officers served the notices in person to vendor and hotel management to ensure reasonable notice was provided.

Continued violations will result in enforcement actions, including but not limited to the imposition of fines, revocation of commercial use permits and the inability to obtain future commercial use permits, according to DLNR.

Fines are set at $5,000 for a first offense, $10,000 for a second offense and $15,000 for third and subsequent offenses.

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.