Rules for store merchants selling on sidewalks and malls

(a) A merchant of a store may peddle on a portion of an abutting sidewalk or mall only goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property or services of the same or a similar character as available in the merchant’s store; provided that a merchant shall not peddle any liquor as defined in HRS § 281-1 on a sidewalk or mall. (b) (1) A merchant of a store shall not place any empty box, trash can, or debris on the portion of a sidewalk usable by the merchant for peddling. This prohibition shall not apply to the portion of a mall usable by a merchant for peddling. (2) A merchant of a store shall be subject to Article 4 with respect to littering on the portion of a sidewalk or mall usable by the merchant for peddling. (c) A merchant of a store shall not install any permanent structure on the portion of a sidewalk or mall usable by the merchant for peddling. (d) A merchant of a store or other person on behalf of such a merchant may stand beyond the portion of a sidewalk usable by the merchant for peddling when the merchant or person peddles goods, wares, merchandise, foodstuffs, or other kinds of property that are displayed on the sidewalk by the merchant. This subsection shall not apply: (1) When a merchant is prohibited under § 13-6A.2 (b)(1) from peddling on any portion of a sidewalk abutting the merchant’s store; or (2) To a merchant of a store abutting a mall or a person peddling on the mall on behalf of the merchant. Such a merchant or person shall stand and peddle only on the portion of the mall usable by the merchant for peddling. (e) A merchant of a store shall not cook, cut, trim, or otherwise prepare food for sale or consumption on the portion of a sidewalk or mall usable by the merchant for peddling. A merchant who uses a portion of a sidewalk or mall to peddle food shall comply with all relevant State laws and rules relating to food preparation, sale, and sanitation.