Note
Sections 445-91 to 445-96 designated and amended as Part III by L 1990, c 164, §28.
Revision Note
In the designation of new parts by L 1990, c 164, §§445-90 and 445-90.5 are unaccounted for. The revisor classified these sections to this Part.
§445-95 Conditions for conditional operation. The owner or operator of a lodging or tenement house, group home, group residence, group living arrangement, hotel, or boardinghouse shall:
(1) Not permit noisy or disorderly conduct in the building or buildings;
(2) Not allow any person engaging in acts of prostitution to reside therein or resort thereto;
(3) Not allow intoxicating liquor or other intoxicating substance to be furnished or sold therein, except as authorized by law;
(4) Keep the building or buildings and premises in good sanitary condition, in accordance with law and with the orders of the agent of the department of health;
(5) At all times allow the police and agents of the state department of health and agents of the appropriate county agencies responsible for compliance with the county's building and zoning codes access for purposes of inspection to enforce or administer this chapter and other applicable laws or rules;
(6) Not allow any gaming;
(7) If a lodging or tenement house, group home, group residence, group living arrangement, or boardinghouse, keep records identifying its tenants, lodgers, or boarders; and
(8) Not deliver or purport to deliver health care services or treatment unless it is licensed, certified, or contracted for by the State or other governmental agencies to do so. [L 1896, c 64, §71; RL 1925, §2056; RL 1935, §2478; RL 1945, §7081; RL 1955, §155-62; am L Sp 1959 2d, c 1, §19; HRS §445-95; am L 1986, c 149, §5; am L 1987, c 333, §6; am L 1990, c 164, §17; am L 2001, c 35, §5]
Cross References
Liquor license, see chapter 281.
Case Notes
Building does not lose character as restaurant because portion occupied as dwelling. 11 H. 363 (1898). "Furnish" may include gifts. Id. Subdivision (3) constitutional. Id.
Cited: 11 H. 57, 60 (1897).
Section: Previous 445-81-and-445-82 445-90 445-90.5 445-91 445-92 445-93 445-94 445-95 445-95.1 445-95.2 445-95.3 445-95.4 445-95.5 445-95.6 445-95.7 NextLast modified: October 27, 2016