Park and recreation facility permits: application, fees, and rules

A. Application. Any person, entity, or organization seeking a permit pursuant to this chapter shall submit a completed application form available from the department in compliance with department administrative rules. An applicant shall be twenty-one years of age for the consumption of intoxicating liquor to be authorized at a park or recreational facility. The application shall include the following: 1. The name of the person or organization proposing to conduct such activity. 2. If the activity is proposed to be conducted for, on behalf of, or by an organization, the name, address, email address, and telephone number of headquarters of the organization, and of the authorized agent of such organization. 3. The name, address, email address, and telephone number of the person who will organize such activity and who will be responsible for its conduct. 4. The name, address, email address, and telephone number of the person or organization to whom the permit is to be issued. 5. The nature of the activity to be engaged in by the person or organization. 6. The date when such activity is to be conducted. 7. The hours when such activity will start and terminate. 8. The park or recreational facility or portion thereof for which the permit is requested. 9. An estimate of the anticipated attendance. 10. A statement of equipment and facilities to be used in connection with the activity. 11. Certification of payment in full of all required fees and deposits by the date due as set forth in section 13.04A.100 (C). 12. Any other information which the director may require in making the determination as to whether the permit should be granted. B. Application review. Upon submission, the permit application shall be reviewed and any adjustments or additional information shall be obtained from the applicant's contact listed on the application. C. Fees and deposits. Schedules for fees and deposits for permits are set forth in the annual budget ordinance of the County. All required fees or deposits shall be paid by the applicant prior to any permit being issued. 1. Payment required. Fees and deposits must be paid within the time frame identified in Table 1. Failure to pay fees and deposits will result in the removal of the application request from the reservation system. Table 1 Fee and Deposit Due Dates per Permit Type Government N/A Community Class Within 15 days from notice of approved application General Use At time of permit issuance Special Events Department Sponsored Within 15 days from notice of approved application Department Sponsored w/ Revenue Non-profit or Political Fundraiser Commercial     2. Deposits, forfeitures, and refunds. Custodial deposits shall serve as security for cleaning and restoring the permitted property. Key deposits serve as security to ensure all keys are accounted for when provided in conjunction with the permit. Deposits will be refunded provided the permit holder fully complies with deposit requirements. a. Custodial deposits shall be forfeited to the department if cleaning and restoration is not completed within the time provided by the permit. If the permit holder does not satisfactorily clean and restore the recreational facility or park, the department shall perform the necessary cleaning and restoration, withhold the custodial deposit, and recover by any legal means available, any cost in excess of the deposit. b. Key deposits shall be forfeited to the department in the event that any key is not returned to the department within two business days, after termination of the activity. If it is necessary for a recreational facility to be re-keyed and that cost exceeds the key deposit, any excess amount shall be recovered from the permit holder by any legal means necessary including forfeiture of the permit holder's custodial deposit. D. Duration. Other than Maui County legacy festivals and leagues, permits must not exceed five consecutive days, unless authorized by the council by resolution. For purposes of this subsection, "Maui County legacy festival" means a festival that has been held in the County for at least fifteen consecutive calendar years and takes place around the same time of the year at the same or a nearby park or recreation facility. To maintain legacy status, the festival must be held every calendar year after attaining legacy status, except that a festival may maintain legacy status if the consecutive-year streak is broken because of an event beyond the festival organizers' reasonable control, including an epidemic, pandemic, disaster, catastrophe, or restrictions imposed by governmental authorities. E. Display of permit. The permit holder shall, upon request, show the permit to any law enforcement officer, park caretaker, or any department personnel. F. Denial. The director may deny the issuance of a permit upon determination that: 1. The requested park or recreational facility is not suitable for the proposed use. 2. The proposed use for the requested park or recreational facility is not in the best interest of the general public. 3. A scheduling conflict exists. 4. In previously using any park or recreational facility, the applicant has: a. Received a parks citation within the previous year which citation was related to or associated with the use of any park or recreational facility. b. Used a park or recreational facility in a manner inconsistent with any of the information provided in the application or permit. c. Conducted an event requiring a permit without properly obtaining a permit. d. Violated any applicable federal, state or county laws or regulations, such as the prohibitions listed in sections 13.04A.070 or 13.04A.080 . e. Failed to satisfactorily clean or restore any park or recreational facility. f. Failed to pay any cost in excess of the custodial deposit or key deposit if the department had to clean and restore the premises or re-key the premises due to the permittee's failure. G. Revocation. The director shall have the authority to revoke an issued permit upon determining that the permit holder, in using the park or recreational facility, will: 1. Allow or create an illegal, dangerous, or intolerable situation to occur. 2. Deviate from the use as provided in the application or permit. 3. Engage in illegal or disorderly behavior. 4. Violate any applicable federal, State or County laws or regulations, such as the prohibitions listed in sections 13.04A.070 or 13.04A.080 . H. Cancellation. Once permit fees and deposits have been paid, notice of cancellation must be received by the department in writing as listed in Table 2. Late notice of cancellation shall incur a cancellation fee equivalent to the custodial deposit. Failure to use the facility as permitted shall result in forfeiture of the custodial deposit and rental fee. Table 2 Notice of Cancellation Required Before the Scheduled Event Per Permit Type (If the cancellation date falls on a weekend or holiday notification must be received on the business day prior to the weekend or holiday.) Government N/A Community Class 7 days General Use 7 days Special Events Department Sponsored 7 days Department Sponsored w/ Revenue 7 days Non-profit or Political Fundraiser 21 days Commercial 30 days   I. Nontransferable. Unless specifically authorized by the director in writing, all permits shall be used by the permit holder and shall not be transferable. ( Ord. No. 5712 , § 2, 2024; Ord. No. 4302, § 1, 2016 )