Bill 19 & how it affects the industry:
There are a few bills currently in place (Bill 38, for example, bans all commercial activity in Waimanalo) that completely ban commercial activity, including commercial weddings and photography. Bill 19 has the opportunity to reverse that and allow restricted access to all city and county parks and beaches. Currently the C&C Parks Department has made suggestions to revamp their Rules & Regulations with regards to Commercial Activity at Beaches & Parks. They are proposing a unified blanket process to issue permits for Commercial use for businesses such as Recreational stops by Tour buses, Commercial Film (photo & video for life events such as weddings, graduation, maternity and family holiday photos) and Commercial instruction (like surf schools, swimming, tennis, etc).
We encourage you to follow the progress as the changes in the language for the Bill as it is discussed during public sessions of the Parks Committee at the City Council may have broad effects on your ability to do business in these spaces. There are current bans at some City beach parks that you need to be aware of.
Page and Information updated as of 6/1/2023
How do I follow what is happening with this Bill?
You can get a current copy of the Bill here: https://hnldoc.ehawaii.gov/hnldoc/measure/2469
The site is updated with the current version of the Bill along with public testimony.
How to read the Bill? (We’re not lawyers!)
Language suggestion changes are underlined: this means the underlined wording is new to the Ordinance.
Language that has strikethrough: this means that this is currently how the Ordinance (Rule) is written and the proposal is to eliminate it.
More information about lawmaking: LAWMAKING 101
What is the history of Bill 19?
In 2010, Councilman Ikaika Anderson pushed forth Bill 5 (2011-2012) that banned commercial activity (specific to his Community of Kailua, Lanikai, Aikahi beaches) because the Kayak and wind surf rental companies had taken over the Kailua Beach Park parking lot. But allowing Commercial filming to be allowed from ‘1:00pm Saturday to 6:30am Monday’ provided the necessary permits were obtained.
*We believe the intent was to allow Commercial filming Monday - Friday instead of only the weekends and leave the weekend use of the Park(s) to the local community and that this was a typo when they re-wrote the proposed changes.
In 2022, Bill 38 banned Commercial filming for all small businesses EXCEPT for Movie & TV filming from Makapu’u to Bellows Beach AND all public right of ways (public shoreline access) to ALL beaches from Makapu’u to Kapoho Point (Castle Point). The ban covers Maternity/Baby, Graduation, Family, Celebrations of Life and Weddings from being FILMED at any City owned beach along that East/Windward shoreline (except 1:00pm Saturday to 6:30am Monday at Kailua or Kalama beach parks)
Another legislative initiative on the North Shore, Bill 34, passed to ban other Commercial Activities such as Tour stops and Surf instruction. Filming is still currently allowed.