HONOLULU — State officials have sent cease-and-desist notices to four major hotels and five commercial vendors for allegedly presetting commercial beach equipment on Waikiki beaches.
The Hawaii Department of Land and Natural Resources said under state law, this is prohibited for certain beaches under state jurisdiction.
The DLNR sent notices to the Outrigger Waikiki Beach Resort, the Moana Surfrider, a Westin Resort & Spa, The Royal Hawaiian and the Sheraton Waikiki Beach Resort, saying immediate compliance is required.
Notices were also sent to vendors including the Waikiki Beach Beachboys at the Sheraton Waikiki LLC, Waikiki Beach Services at the Royal LLC, Aqualani, Faith Hawaii Surf School LLC and Aloha Beach Services.
The DLNR said last July, that initial notices were already sent out to the same parties informing them of Act 227 (HRS Section 200-3.5), which explicitly prohibits presetting beach equipment, such as beach chairs, on these beaches without a customer being physically present.
Additionally, DLNR said, the law requires equipment to be removed as soon as a customer is finished using it.
Since the law went into effect, state staff have conducted site visits, DLNR said, and observed the continued presetting of commercial beach equipment.
Staff last month documented “rows upon rows of chairs” being set up in the morning on Waikiki Beach fronting the Moana Surfrider, Outrigger Waikiki, Royal Hawaiian and Sheraton Waikiki.
“The statute applies to beaches under the jurisdiction of the DLNR, including private beaches for which the state has an easement or other property interest,” said DLNR in a news release. “This jurisdiction includes the beach area in the Royal Hawaiian Sector where the state has an easement for foot passage and sunbathing.”
In addition to the cease-and-desist order letters, officers served notices in person to hotel management and vendors to ensure reasonable notice was provided
The DLNR said continued violations will result in enforcement actions, including but not limited to the imposition of fines, revocation of commercial use permits and the inability to obtain future commercial use permits.
Fines for violations are $5,000 for the first offense; $10,000 for the second offense; and $15,000 for the third and subsequent offenses.
The Star-Advertiser reached out to the Outrigger and the Marriott, which manages the Royal Hawaiian and Sheraton Waikiki, but has not heard back yet.
