Haw. Rev. Stat. § 445-1
Definition: "Treasurer"
Whenever used in this chapter "treasurer" means the treasurer or director of finance of any county of the State.
Hawaii Revised Statutes Chapter 445 — County Licenses
Hawaii · statute · Haw. Rev. Stat. ch. 445 · 72 active provisions
Haw. Rev. Stat. § 445-2
Treasurer to issue
The treasurer, upon the application of any person, shall issue to the applicant any license in this chapter upon the terms and conditions in this chapter set forth, provided that the county shall have the option to license those businesses enumerated in section 445-15(1).
Haw. Rev. Stat. § 445-3
Signed by whom
Every license shall be signed by the treasurer of the county, within which the license is to be operative.
Haw. Rev. Stat. § 445-4
Fees in advance
No license shall be issued under this chapter until the full fee required therein has been paid in advance for the term of one year. Each treasurer shall account for all fees collected by the treasurer as county realizations.
Haw. Rev. Stat. § 445-5
Fees; date when due and payable
All fees for licenses prescribed by any law of the State, except as otherwise specifically provided, shall be due and payable at times to be established by the county within which the license is to be operative.
Haw. Rev. Stat. § 445-6
Place of business
Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license, except in case of removal, and upon the written consent of the treasurer indorsed thereon. The place of business is where business transactions are m…
Haw. Rev. Stat. § 445-9
Canceled on transferring, etc., business; penalty
If any licensee closes out, transfers, or assigns the business for which a license is held, during the term for which the same was issued, the licensee shall within thirty days from the date of such closing out, transfer, or assignment, notify the treasurer of such fact in writing and return the license to the treasure…
Haw. Rev. Stat. § 445-10
Term of license
(a) Subject to section 445-5, all licenses issued for carrying on the several businesses or doing the acts specified in this chapter shall be issued by the treasurer in accordance with the terms and conditions and for the fees specified in this chapter, for the respective terms of one year from the several dates of iss…
Haw. Rev. Stat. § 445-11
Exposed to view; penalty
All persons holding a license for any class or kind of business shall keep the license exposed to view, in some prominent place, convenient for inspection, on the premises for which the same is granted. Any person failing to comply with the requirements of this section shall be fined not less than $10 nor more than $50…
Haw. Rev. Stat. § 445-12
Business without license forbidden; not transferable; penalty
(a) Where a county requires a license for the conduct of any business, or the performance of any act in this chapter enumerated, that business or act, except upon obtaining a license from the appropriate county, is forbidden. (b) No license required and issued by a county under this chapter shall be transferable. (c) A…
Haw. Rev. Stat. § 445-13
License inspectors
The deputy sheriff of Kalawao, any police officer, or any authorized representative of the county director of finance duly authorized by a chief of police shall be ex officio license inspectors of the counties for which they are appointed or authorized, and as such, they shall from time to time report to the county dir…
Haw. Rev. Stat. § 445-14
Limits of license
Except as otherwise in this chapter provided, a license granted thereunder authorizes the carrying on of the business licensed only at the place indicated in the license. A license granted to carry on a business from place to place shall be limited to the county in which the business is to be conducted.
Haw. Rev. Stat. § 445-15
Control by ordinance
Each council has the power by ordinance: (1) To require, or eliminate the requirement for, the licensing of auctions under part II of this chapter, secondhand dealers under part VII of this chapter, and scrap dealers under part X of this chapter; (2) To impose annual license fees; (3) To increase, decrease, or waive ef…
Haw. Rev. Stat. § 445-21
Fee
The annual fee for a license to sell goods, wares, merchandise, or other property at auction, shall be $100 for each taxation district.
Haw. Rev. Stat. § 445-22
Public auction unlawful when
It shall be unlawful for any person to sell, offer for sale, or expose for sale at public auction, any personal property at any place other than in a public auction room, except: (1) Household furniture, vehicles, automobiles, machinery, livestock, and such bulky articles as are usually sold in warehouses or places oth…
Haw. Rev. Stat. § 445-23
Hours for auctions
No auction sale of goods, wares, and merchandise shall be conducted between the hours of 9:00 o'clock in the evening and 8:00 o'clock in the morning, and no such auction of any nature or description shall be conducted during the months of November and December of any year; provided that this section shall not apply to:…
Haw. Rev. Stat. § 445-24
Fictitious bids
At any auction sale it shall be unlawful for any person to procure any person to make fictitious bids, or to conspire with any person to make any fictitious bid, or knowingly to permit any person to make a fictitious bid; or for any auctioneer fictitiously to raise any bid oneself; or for any person to act as a by-bidd…
Haw. Rev. Stat. § 445-25
Description of goods sold considered warranties
Any person selling, disposing of, or offering for sale at public auction any stock of merchandise for the purpose of closing out the same as provided in section 445-22, shall, in describing the same, be truthful with respect to the cost, character, quality, kind, and description of the same, and such descriptions shall…
Haw. Rev. Stat. § 445-26
Auction at places other than auction room; mock auctions
It shall be unlawful for any person, other than a licensed auctioneer to hold, conduct, carry on, or maintain any auction room or place for holding public auction sales, or to advertise or hold oneself out to the public as an auctioneer, or to conduct, carry on, or maintain any sale of goods by public auction; and it s…
Haw. Rev. Stat. § 445-27
Penalty
Any person violating any of the provisions of sections 445-22 to 445-26, shall be fined not more than $500 and the person's auctioneer's license shall be subject to forfeiture at the discretion of the court. Each day that any of the above specified sections are violated constitutes a separate offense, punishable as in…
Haw. Rev. Stat. § 445-28
Place of public auction room
It shall be unlawful for any licensed auctioneer, for the purpose of selling, or exposing for sale, property other than the property duly listed in the statement filed with the county treasurer, as required by section 445-22, to establish a public auction room if a closing-out sale has been conducted on the place, or i…
Haw. Rev. Stat. § 445-29
Designation of place for business
Every licensed auctioneer shall file with the treasurer of the county in which the auctioneer is licensed, a statement in writing signed by the auctioneer designating the auctioneer's place for holding auction in the county. Upon any change in location, the auctioneer shall immediately file a new designation.
Haw. Rev. Stat. § 445-30
Record books
Every auctioneer shall keep and preserve a record book in which shall be entered: (1) A detailed list and description of the property received for sale; (2) The name of the person from whom, or on account of whom the same is received; (3) The date upon which the same is received; (4) The date upon which the same is sol…
Haw. Rev. Stat. § 445-31
Bond
Every person, upon receiving an auction license, shall give a bond to the treasurer in the penal sum of $3,000, if the license is for the district of Honolulu, and in the penal sum of $500 for other districts, with good and sufficient surety or sureties to be approved by the treasurer, conditioned: (1) That the person…
Haw. Rev. Stat. § 445-32
Suit to enjoin violation and action for damages
Any person, firm, private corporation, incorporated or unincorporated trade association, may maintain a suit to enjoin a continuance of any act in violation of sections 445-22 to 445-31 and, if injured thereby, have recovery of damages. If in any such suit the court finds that the defendant is violating or has violated…
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