Free use of city venues for disaster fundraisers

(a) Any other provision of this chapter notwithstanding, the director of enterprise services shall waive any and all rental fees and related charges, including service charges, for the use of the Neal S. Blaisdell Center and the Tom Moffatt Waikiki Shell for persons wishing to use such facilities to hold a fundraising event for victims of a major disaster occurring within the city. (b) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. Fundraiser. An event planned within six months of the occurrence of a major disaster wherein any and all proceeds collected, with the exception of all customary expenses for the production of such an event and the actual expenses for items which are sold to raise additional proceeds at the event, are to be used to aid the victims of the major disaster. The director of enterprise services shall adopt rules pursuant to subsection (d) establishing and defining “customary expenses” as used in this section. Major Disaster. Any hurricane, tornado, storm, flood, high water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mud slide, drought, fire, explosion, or other catastrophe occurring in any part of the city which causes damage, suffering, and loss to such a degree that: (1) The president of the United States has declared, pursuant to the Disaster Relief Act of 1974, P.L. 93-288, that a major disaster exists such that the city or any part thereof is eligible for federal disaster assistance programs; (2) The governor of the State has declared pursuant to HRS Chapter 209 that a major disaster has occurred; (3) The mayor has issued a proclamation declaring the existence of a major disaster; or (4) The council has adopted a resolution declaring the existence of a major disaster. (c) Any person making application to the director of enterprise services to use the facilities at the Neal S. Blaisdell Center or Tom Moffatt Waikiki Shell pursuant to this section shall certify in writing that all the proceeds shall be used in conformity with the requirements of this section. (d) The director of enterprise services is authorized to adopt rules pursuant to HRS Chapter 91 not inconsistent with this section, to administer and implement this section.