How the City Can Close a Business Used for Prostitution

(a) This article shall not affect the authority of the prosecuting attorney or a county organization under HRS Chapter 712, Part V, to bring a suit to enjoin, abate, and prevent a prostitution-related public nuisance. If, however, the prosecuting attorney or a county organization does not bring such a suit within 30 days of the date the premises of a business becomes a prostitution-related public nuisance, the department of the corporation counsel shall take action in accordance with subsection (b). The “date the premises of the business becomes a prostitution-related public nuisance” means the date of the third conviction or court deferred acceptance of guilty or nolo contendere plea counted under § 41-17.2 (a)(3) for prostitution or promoting prostitution necessary to make the premises a public nuisance. (b) When required to take action pursuant to subsection (a), the department of the corporation counsel shall either: (1) Seek to enjoin, abate, and prevent the prostitution-related public nuisance by suit brought as a county organization pursuant to HRS Chapter 712, Part V; or (2) Seek to enjoin and prohibit the prostitution-related public nuisance under HRS § 603-23. Within 60 days of the day this subsection becomes applicable, the department of the corporation counsel shall initiate the necessary action for an injunction to immediately close the prostitution-related public nuisance for up to one year. The “day this subsection becomes applicable” means the 31st day following the date the premises of the applicable business becomes a prostitution-related public nuisance. It shall not be a defense to an action brought by the corporation counsel that the action was initiated on the 60th day after this subsection becomes available, or thereafter. When the department of the corporation counsel brings an action under HRS Chapter 712, Part V, or HRS § 603-23 against a prostitution-related public nuisance, the proceedings, including proof required, and remedies shall be subject to that part or section, as applicable.