HONOLULU - Four hotels and five commercial vendors are receiving official cease-and-desist notices from the Division of Boating and Ocean Recreation (DOBOR), for alleged continued violations of a Hawai'i Revised Statute (HRS) prohibiting presetting of commercial beach equipment on certain beaches under state jurisdiction.

In July 2023, DOBOR sent notices to vendors to inform them that Act 227 (codified as HRS Section 200-3.5), explicitly prohibits presetting of equipment, such as beach chairs, without a customer being physically present. In addition, the law requires that equipment be removed as soon as a customer is finished using it.

Staff from DOBOR and the DLNR Division of Conservation and Resources Enforcement (DOCARE) have conducted site visits since the law went into effect and have observed continued presetting of commercial beach equipment. During the latest visit, rows upon rows of chairs were photographed and videotaped after being set up in the morning on lands under the management of DLNR specific to the area of Waikiki Beach fronting the Moana Surfrider Hotel, the Outrigger Waikiki Hotel, the Royal Hawaiian Hotel, and the Sheraton Waikiki Beach Resort.

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. 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 mailing the cease-and-desist orders, DOCARE officers served the notices in person to vendor and hotel management to ensure reasonable notice was provided.

DLNR informed the vendors and hotels that immediate compliance is required.  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.

The vendors put on notice are, Waikiki Beach Beachboys at the Sheraton Waikiki LLC, Waikiki Beach Services at the Royal, LLC, Aqualani, Faith Hawai'i Surf School LLC, and Aloha Beach Services.

Violations of HRS Section 200-3.5 are subject to administrative fines as follows:
- $5,000 for a first offense,
- $10,000 for a second offense,
- and $15,000 for a third and subsequent offenses.