SCR220

WHEREAS, numerous predatory cosmetics stores have continued to operate on Front Street in Lahaina, Maui, and continue to engage in marketing techniques that are considered to be disrespectful, inconsiderate, and aggressive in nature, thus creating an intimidating atmosphere for residents and visitors alike; and

WHEREAS, there have been numerous ongoing complaints by residents and visitors that they have been accosted and harassed by the personnel of these predatory cosmetics stores, who persistently use aggressive sales techniques; and

WHEREAS, these predatory cosmetics stores also engage in unscrupulous behavior in the production of their products and in the aggressive and unsolicited physical application of these products on the faces of unsuspecting passersby; and

WHEREAS, the previous administration of the County of Maui entered into a settlement agreement with the parent company of several of these cosmetics stores, but the terms of the agreement have been repeatedly and egregiously violated by the stores in the course of doing business because the county does not appear to be actively enforcing the agreement; and

WHEREAS, cosmetics store salespeople have recently been observed engaging in even more flagrant and combative sales tactics, including following people down the street; harassing and aggressively marketing to uninterested people along the seawall and other locations far from the salespeople's own storefronts; calling out to and approaching occupants of nearby vehicles; and confronting people gathered at the entrance of nearby businesses, which deters customers from entering those businesses; and

WHEREAS, the people of Lahaina have repeatedly demanded that the county take action against these predatory businesses that violate state laws and county ordinances prohibiting harassment and soliciting business on a sidewalk located in a historic district; and

WHEREAS, the community has demanded that the cosmetics stores be penalized for their repeated violations of the settlement agreement and that the underlying county ordinance be properly enforced; and

WHEREAS, previous attempts by the Legislature to address this issue have proven futile because the Legislature enacts laws of general applicability, rather than specifically targeting violations of county ordinances that occur at a particular location within a county; and

WHEREAS, the Maui County Charter was successfully amended in 2022 to remove the generally applicable $1,000 cap on civil fines, thereby allowing the County to substantially increase the amount of fines that may be levied against these cosmetics stores, for the purpose of imposing fines in amounts that represent a realistic financial deterrent to future violations; and

WHEREAS, significant increases in the fine amounts imposed on violators would also provide the County of Maui with more funding to establish additional inspector positions to consistently enforce county ordinances; and

WHEREAS, significantly higher fines could also be levied against property owners who continue to rent retail space to predatory cosmetics stores, which would incentivize these owners to exercise more diligence in ensuring that their tenants abide by all applicable laws and ordinances; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that the County of Maui is urged to immediately and substantially increase the fines assessed against predatory cosmetics establishments for violating the Maui County Historic Districts Ordinance, which specifically prohibits any person from carrying on or soliciting business on any street or sidewalk in the historic district of Lahaina; and

BE IT FURTHER RESOLVED that the County of Maui also pursue all applicable judicial remedies, including fines and punitive damages, against predatory cosmetics stores for repeatedly and flagrantly violating the terms of the settlement agreement that was put into place; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Mayor of Maui County, Chairperson of the Maui County Council, Chairperson of the Planning and Sustainable Land Use Committee of the Maui County Council, West Maui Representative of the Maui County Council, Director of the Planning Department of Maui County, Executive Director of the Lahaina Restoration Foundation, President of the LahainaTown Action Committee, and President of the West Maui Taxpayers Association.

	OFFERED BY:	_____________________________

Report Title:

Maui County; Predatory Cosmetics Stores; Applicable Fines

THE SENATE	S.C.R. NO.	220
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII