Hawaii Revised Statutes 468m. Activity Providers and Activity Desks

• 468m-1 Definitions.
  Whenever used in this chapter, unless the context otherwise requires: "Activity desk" means any sole proprietorship, organization, trust, group, association, partnership, corporation, society, or...
• 468m-2 Registration Required.
  (a) Activity desks shall register with the director prior to engaging in the business of selling, contracting for, arranging, or advertising that it can...
• 468m-2.5 Activity Desk Principal; Responsibilities.
  (a) Each activity desk shall designate a principal who shall have direct management and supervision of the activity desk, including but not limited to compliance...
• 468m-3 Prohibited Acts.
  No activity desk shall engage in any of the following practices: (1) Covering, concealing, or obscuring the name, address, or telephone number of an...
• 468m-4 Payment Provision.
  Unless the express written contract has a provision to the contrary, payment shall be due and payable thirty days from the date of invoice....
• 468m-5 Legal Rate; Computation.
  Except as otherwise permitted by existing written contract, any activity desk that directly or indirectly receives any interest on the payment due to the...
• 468m-6 Injunctive Relief; Suits.
  (a) Any activity provider may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit...
• 468m-7 Action for Damages.
  Any activity desk shall be liable to the activity provider for a violation of this chapter for any damages which result from a violation....
• 468m-8 Requirements for Offering Discounts.
  When a discount offered for any activity is contingent upon any requirement that the recipient of the discount first attend a sales presentation of...
• 468m-9 Client Trust Accounts; Maintenance of and Withdrawal From Accounts.
  (a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer for excursions or activities offered by...
• 468m-9.5 Record Keeping Requirements for Client Trust Accounts.
  (a) An activity desk shall maintain all books and records necessary to comply with this chapter and any rules adopted pursuant to this chapter...
• 468m-10 Performance Bond and Irrevocable Letter of Credit As Alternative to Client Trust Account Required of Activity Desks; Coverage Amount and Computation; Annual Report and Option; Adjustments; Coverage Upon Transfer.
  (a) If a client trust account is not established and maintained as required under section 468M-9, no activity desk shall be permitted to operate...
• 468m-11 Violations; Fraud.
  Any violations by an activity desk of any law relating to client trust accounts or the bond or letter of credit pursuant to section...
• 468m-12 Restitution.
  Any person who engages in an act or practice that violates any provision of this chapter or rules adopted pursuant hereto may be ordered...
• 468m-13 Injunctions.
  In any civil proceeding brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter. [L 1992, c 231,...
• 468m-14 Consumer Right of Action.
  Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and...
• 468m-15 Remedies Cumulative.
  Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under...
• 468m-16 Criminal Penalties.
  A person commits the criminal offense of theft if the person, being an activity desk or an agent, employee, or independent contractor of an...
• 468m-17 Rules.
  Subject to chapter 91, the director may adopt such rules as the director deems necessary for the effective administration and enforcement of this chapter....

Last modified: October 27, 2016