No 9 Waikīkī Neighborhood Board Legislative Engagement Committee Meeting July 2026
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9 Waikiki Neighborhood Board Meeting – July 14, 2026
Regulating Street Performers and Busking
The committee held an extensive discussion about regulating, rather than banning, street performers on Kalākaua Avenue because performances and solicitation may be protected by the First Amendment. A proposed city ordinance would establish designated performance locations, permits, time limits, and a lottery to assign performers to spaces without favoritism. The lottery would primarily determine where and when approved performers could appear, not necessarily who would be allowed to perform. The preliminary proposal calls for at least eight locations, with the possibility of eventually expanding to approximately 20 to 25. Members discussed starting with eight to ten key locations and limiting each performer to one- or two-hour periods so that different performers could rotate through during the day. This system could provide visitors and residents with a changing selection of entertainment rather than leaving the same performer in one location every day. Santa Monica, Fremont Street in Las Vegas, Nashville, and other cities were cited as models; Fremont reportedly uses marked performance circles with defined time slots.
Performer Qualifications, Auditions, and Cultural Programming
The committee considered whether applicants should first qualify for the permit lottery through an audition, interview, or similar review. Supporters said a screening process could improve performance quality, distinguish genuine entertainers from people who merely create noise, and give the community more influence over the entertainment offered in Waikīkī. Santa Monica was praised for presenting accomplished musicians, including symphonic-level performers and skilled young vocal and guitar groups, whose participation reportedly involved a city interview process. Members acknowledged, however, that choosing performers based on perceived talent could create constitutional or favoritism concerns and would require legal review. The broader concept was to showcase Hawaiʻi’s culture through local hula dancers, ʻukulele players, musicians, magicians, visual artists, and other entertainers. Bruno Mars was cited as an example of a successful entertainer who began as a Waikīkī street performer. Members suggested using terms such as “entertainment” or “live public art,” although they recognized that broad definitions must clearly distinguish permitted performances from other First Amendment activity.
Illegal Solicitation, Peddling, and Progressive Penalties
Members discussed how a permit system could help police and Waikīkī ambassadors distinguish legitimate performers from aggressive or unlawful operators. Examples included a person dressed as Spider-Man who allegedly harasses Japanese tourists, individuals posing as monks and pressuring visitors for donations, and operators selling unauthorized tours from carts near ABC Stores. The legal challenge is that requests for donations, religious speech, amplified preaching, photography, and some expressive activity may be constitutionally protected. A transaction in which a costumed character asks for a $25 “donation” after posing for a photograph may be unpleasant or aggressive without necessarily constituting robbery or coercion. Participants suggested that unauthorized commercial activity might instead be addressed as illegal vending. The draft busking proposal was described as including progressive enforcement similar to a three-strike system: a first-time violator who did not know the rules might receive a warning or small fine, while repeat offenders who knowingly evade the law would face increasingly serious penalties. The committee treated its separate agenda item on street peddlers as substantially overlapping with the busking proposal.
Performance Hours and Amplified Sound
A key element of the proposed ordinance is a nighttime cutoff, tentatively set at 10 p.m., for amplified performance noise. Hotels, businesses, guests, and residents have complained about performers playing loud music or singing as late as 1 a.m. A uniform 10 p.m. cutoff could allow the Honolulu Police Department to conduct a predictable sweep, similar to enforcement associated with the midnight beach closure, and direct all performers to stop amplified activity at once. The current draft reportedly prohibits amplified sound entirely and allows only naturally produced sound. Another option would be for the city to install small, approximately one-foot performance stages with integrated speakers whose maximum volume is mechanically controlled. Members said a clear end time would preserve daytime and evening entertainment while addressing sleep disruption and late-night noise.
Noise Law and Enforcement Limitations
The committee examined whether existing state and city noise laws are practical to enforce. Hawaiʻi’s noise restrictions were described as relying on decibel thresholds generally administered by the state Department of Health, but HPD reportedly lacks decibel meters and therefore has difficulty proving violations. The Department of Health also is not normally available to respond to disturbances at 2 or 3 a.m. Members contrasted this with laws in other jurisdictions that prohibit sound a reasonable person would consider unreasonably loud, allowing officers to act without technical measurements. They suggested reviewing whether Honolulu could amend its disorderly-conduct or noise ordinances to use a reasonableness standard, particularly when sound from a distant property resembles a nearby concert. The committee also sought clarification on whether existing law already establishes a 10 p.m. quiet period, whether rules differ in the Waikīkī Special District, and whether the proposed busking cutoff should match existing residential or statewide standards. Participants noted that condominium quiet hours are private rules and do not necessarily give HPD or the Department of Health enforcement authority.
Waikīkī Ambassadors and Civilian Enforcement
Members asked whether Waikīkī ambassadors could monitor permits, provide warnings, or issue citations to performers. Representatives said the ambassador program could assist and is already working with HPD on a process resembling Honolulu’s civilian parking-enforcement or “meter maid” model. A limited number of highly trained ambassadors who pass background checks may eventually be authorized to cite large buses and delivery trucks that illegally occupy loading zones. Approval has reportedly been obtained for several loading-zone enforcement positions, although the program has not yet launched and training remains pending. A similar framework might allow ambassadors to warn or cite unpermitted performers, particularly because District 6 HPD was reported to be only 69% staffed and calling 911 for an unlicensed saxophone player would be an inefficient use of sworn officers. Members cautioned that citations can create additional work for clerks, prosecutors, and judges when contested, and any civilian authority must therefore have a sound legal foundation. Even without citation powers, ambassadors could continue educating people, documenting violations, and coordinating with HPD.
Busking Ordinance Timeline and Neighborhood Board Review
The busking measure is intended to be a city ordinance and therefore can be introduced outside the state legislative calendar. No firm introduction date was set. The drafters expected to refine the proposal through the end of the year or possibly into early the following year, although Council Chair Tommy Waters reportedly wants a solution sooner because of ongoing street conditions. August 2026 was discussed as a possible introduction period if the draft is ready. Members favored involving the neighborhood board early so councilmembers can see that the affected community helped shape the measure. At the same time, several members were uncomfortable endorsing only a general concept before reviewing the actual bill language. The committee agreed it could update the full board on the ongoing work, then place a completed introductory draft on a later agenda for support, opposition, or specific recommended amendments. Because council committees generally meet after neighborhood board meetings, members believed there would be opportunities to provide testimony during the legislative process. A walk-through with Chair Waters, staff, committee members, and other stakeholders was proposed to assess the eight or more possible performance sites, potentially within six weeks. A caricature artist had already contacted the council office in strong support, saying regulation and permits would legitimize serious performers and artists.
Garbage-Truck Noise
A remote participant asked about continuing garbage-truck noise in Waikīkī and referenced a state bill associated with Senator Sharon Moriwaki that did not advance but could be reintroduced in the next legislative session. The participant also asked about a reported moratorium on a particular street and whether Chair Waters had taken city action. Representatives responded that the city managing director’s office has been working with affected Waikīkī residents and has taken the lead on the issue. The mayor held a town hall on the subject roughly a year earlier, with Chair Waters participating. The committee did not provide details about a current moratorium or new city legislation and said it would need to follow up with the managing director’s office.
Additional Tax Tier for Homes Above $10 Million
The committee considered a proposal to create an additional residential property-tax tier for properties valued above $10 million, with a proposed marginal rate of 1.5%. The concept was presented as a way to generate revenue while the city faces service reductions and rising bus and sewer charges. Under the example discussed, a $15 million home would continue to be taxed at the existing rate on its first $10 million of value, while only the remaining $5 million would be taxed at the new rate. Hawaiʻi County was cited as already using a similar approach. Members also noted that the state recently increased conveyance taxation on high-value properties. The jurisdiction was not entirely clarified during the discussion: one response identified it as a state proposal, while later comments characterized it as a city revenue measure. The committee planned to include the idea in its update to the full neighborhood board.
Low-Income Rental Housing and a 20% Rent Cap
Another proposal would amend Honolulu’s low-income rental housing exemption rules so that qualifying rents are limited to 20% of a tenant’s gross income rather than the commonly used 30% standard. The proponent argued that the 30% benchmark appears arbitrary and does not adequately reflect taxes, rising living costs, or the limited net income left after rent. Current low-income rental programs were described as generally serving households at or below 80% of area median income; an example given was a three-person family earning less than approximately $90,000 annually. The relevant provisions were identified as Revised Ordinances of Honolulu Chapter 32, including the definition of affordable housing. Members distinguished this proposal from programs that price units according to a percentage of area median income rather than the actual household’s gross income, including Bill 7 developments. They also asked whether a lower cap could discourage tenants from accepting higher-paying jobs to avoid losing eligibility, but the proponent said that issue had not yet been researched. This was described as a city proposal that had not yet been brought to the City Council and would be reported to the neighborhood board.
Digital Information Kiosks and Billboard Law
The committee revisited Senate Bill 2353 from the prior legislative session, which the Waikīkī Neighborhood Board had opposed without first receiving a full explanation of its purpose. The proposal arose from efforts to replace underused green publication racks that often contain little material, attract trash and graffiti, and remain in place because city rules require continued availability. The alternative would be freestanding digital kiosks similar to systems used in Japan, Korea, Seattle, Berkeley, Oakland, Miami, Houston, and other cities. A vendor called IKE Smart City was discussed as one possible operator, although representatives emphasized that the city would need a competitive process and was not committed to one company. The units would be approximately five to six feet tall and could provide maps, neighborhood board notices, wayfinding, multilingual visitor information, free public Wi-Fi, and security cameras connected to HPD. If roughly 20 kiosks were distributed around Waikīkī, proponents said they could potentially create broad public Wi-Fi coverage.
Emergency Alerts, Advertising, and Kiosk Revenue
The kiosks could also display tsunami, earthquake, evacuation, and disaster-preparedness information in multiple languages, making them useful for visitors unfamiliar with emergency procedures. Advertising would finance the system through a public-private partnership in which the vendor sells ad space and shares revenue with the city and potentially the Waikīkī Business Improvement District. Seattle was cited as an example where a business district could receive approximately $200,000 annually while the city received several million dollars, although no specific Honolulu estimate was provided. Members said advertising content would have to be regulated and questioned how inappropriate ads would be excluded. Current Hawaiʻi law reportedly prohibits advertising on public property and does not authorize this type of digital kiosk, so both state legislation and a subsequent city ordinance may be necessary. The committee emphasized that the proposal is not intended to permit conventional billboards, large elevated signs, flashing Las Vegas-style displays, or signage on Diamond Head.
Kiosk Design Standards and Community Review
Members recommended defining “digital outdoor signage device” with exact limits on height, total surface area, placement, brightness, and proximity to residences so the measure cannot be interpreted as a broad billboard authorization. They also suggested a preamble explicitly stating the intended public uses and clarifying that existing billboard protections remain intact. Photographs and demonstrations could help the public understand that the units resemble interactive directory displays at Ala Moana Center rather than highway billboards. Zoning review, pedestrian clearance, approval of advertising, and maintenance obligations also require further study. A vendor presentation to the neighborhood board was suggested once legislative progress makes such an investment worthwhile. The Outdoor Circle was expected to oppose any relaxation of signage restrictions, but members believed proactive framing and clear design parameters could address broader public concern. Staff planned to study ordinances from Berkeley, Oakland, Seattle, and other cities and return with a preliminary draft.
Earlier Waikīkī Kiosk Experience
Participants recalled a blue or purple HPD-related kiosk once placed near the Duke Kahanamoku statue, along with a similar unit in Chinatown. According to the account shared, a kiosk company donated it after a municipal conference in the early 2000s. It operated for approximately one or two years, then broke, was not repaired by the vendor, and remained unused for nearly a decade before being removed. Members said this earlier example should be researched to determine how it was legally approved and to ensure any future agreement includes reliable maintenance, repair, and replacement requirements.
Sit-Lie Ordinance and Disability Exceptions
The committee discussed people allegedly using wheelchairs or seated walkers to avoid Waikīkī’s sit-lie ordinance while remaining on sidewalks for hours, soliciting money, obstructing pedestrian access, or accumulating property. Members emphasized that enforcement should not target visitors or residents who genuinely need mobility devices, but they questioned whether a disability exception should protect prolonged obstruction or loitering. A woman regularly seated in a wheelchair outside McDonald’s was cited as an example of someone who allegedly blocks the public right-of-way. The prosecutor’s office was said to be aware of the concern and researching possible changes. Members also noted that failing to maintain clear sidewalks can itself create Americans with Disabilities Act exposure because blocked routes prevent wheelchair users from passing. San Diego was mentioned as a city that faced litigation from disability advocates over obstructed sidewalks.
Geographic Scope and Enforcement of Sit-Lie Rules
There was uncertainty over whether Waikīkī’s sit-lie ordinance applies only to Kalākaua Avenue, throughout the Waikīkī Special District, or on other side streets and promenades. Some participants recalled HPD describing a narrow enforcement area, while former ambassadors said they had enforced the rule on side streets such as Uluniu Avenue and in residential portions of Waikīkī. Members observed that enforcement limited to Kalākaua merely pushes people onto Kūhiō Avenue, side streets, the promenade, and areas near small businesses and homes. Others suggested a citywide rule or a standard covering all congested urban business districts. Downtown Honolulu, which launched a separate pink-shirt ambassador program on July 1, was believed to have its own sit-lie coverage. The committee asked for a definitive legal map and clearer instructions for HPD, prosecutors, ambassadors, and residents before considering amendments.
Trash, Dumping, and Fishing in the Ala Wai Canal
The committee discussed fishing lines tied to trees along the Ala Wai Promenade, pedestrians having to avoid fishing gear, trash being thrown directly into the canal, and refuse being removed from public bins and dumped. Members repeatedly encounter uncertainty over whether HPD, the Department of Parks and Recreation, the Department of Facility Maintenance, the Department of Land and Natural Resources, or another agency is responsible. Dumping is already prohibited under the state Hawaiʻi Water Pollution Control Act and city illegal-dumping laws, so the immediate deficiency appears to be enforcement and interagency coordination. Fishing in the canal, however, remains legal. The Department of Health has issued advisories against consuming fish from the Ala Wai, but there is reportedly no outright ban on catching, eating, or selling those fish. Members suggested pursuing state legislation to prohibit fishing in the canal rather than relying on advisories that some fishers may ignore.
Canal and Stream Cleanup Responsibilities
Heavy rains carry substantial quantities of upstream trash through feeder streams into the Ala Wai, where debris collects near bridges. Participants said the city’s Department of Facility Maintenance generally handles trash in feeder streams, while responsibility shifts to the state once debris enters the canal. This division has led agencies to blame one another: the state argues that better city stream maintenance would prevent canal pollution, while the city argues that the state must clean material once it reaches the Ala Wai. Cleanup is further complicated where streams cross private property. A specialized city cleanup team was described as having only about four workers for the entire island, contributing to delays and repeated cycles in which large accumulations are removed only after community complaints. Representative Adrian Tam had introduced a bill that would have allowed large objects in streams or waterways to be removed within 24 hours of being identified, but it did not pass. Members supported reconsidering that measure and consulting Senator Moriwaki, who has convened stakeholder discussions and is described as strongly committed to Ala Wai cleanup.
Long-Term Ala Wai Filtration
The Waikīkī Beach Special Improvement District is exploring a longer-term project, potentially five years away, to improve Ala Wai water quality through a filtration or flushing system. The concept would be modeled on the Duke Kahanamoku Lagoon near Hilton Hawaiian Village, where brackish water is circulated and replaced with clean ocean water. Preliminary discussions suggest similar technology could periodically flush or filter the Ala Wai, but an estimated cost of approximately $100 million was mentioned, with participants joking that it could ultimately become a $200 million project. Potential partners include the state and Hawaiʻi Green Growth. Members also remarked that Genki Ball treatments appear not to have worked as well as some had hoped.
Shopping Carts on Sidewalks and in Public Spaces
The committee examined abandoned and stolen retail shopping carts used to carry large quantities of belongings and trash through Waikīkī. Carts obstruct sidewalks and bus stops, are abandoned around the neighborhood, and sometimes end up in the Ala Wai Canal. Members connected the issue to illegal dumping, public health, commercial theft, and consumer prices. Individual carts were said to cost from approximately $300 to as much as $700, with replacement costs ultimately passed on to shoppers. The Waikīkī Business Improvement District currently removes unattended carts, attempts to return identifiable carts to retailers such as Walmart, and otherwise disposes of them as abandoned trash. Honolulu already prohibits shopping carts in public parks, but that does not address carts on sidewalks and promenades.
Prior Shopping-Cart Bills and Proposed Enforcement
House Bill 1636, introduced by Representative Scot Matayoshi, would have required counties to impound and dispose of carts, establish a buyback system, return carts to retailers, and fine businesses whose carts left their property. Members described the proposal as cumbersome, although some supported it because it at least attempted to address the issue. An earlier city measure was reportedly opposed by the ACLU and did not advance. Chair Waters has met with the Retail Merchants of Hawaiʻi, which is said to support some form of legislation, and his office is drafting language that would prohibit retail carts outside the owner’s property. Dallas was cited as a model: possession of a retail shopping cart away from the owner’s premises can result in a fine of up to $500, with exceptions for authorized delivery, retrieval, or return.
Defining and Securing Shopping Carts
Drafting challenges include distinguishing commercial shopping carts from personal rolling baskets, luggage, and small carts used by kūpuna. The definition may also need to include flatbed carts from stores such as Home Depot. Members noted that some people remove wheels, scrape off store names, cover carts with tarps, or otherwise alter them to evade enforcement. Suggested solutions included stronger wheel-locking systems, embedded electronic chips or barcodes that HPD could scan to identify the owner, and clearer duties for retailers to secure carts. Don Quijote was cited as a store that uses security measures but still loses carts. A participant cautioned against further criminalizing homelessness, while others maintained that the proposal should focus on stolen commercial property, obstruction, and retailer responsibility. Waikīkī and Ala Moana representatives expressed interest in collaborating because both neighborhoods experience the problem.
Increasing Waikīkī’s Floor-Area Ratio
The committee considered increasing Waikīkī’s floor-area ratio, or FAR, which determines how much total building floor space may be constructed relative to the size of a lot. A FAR of 1 permits total floor area equal to the lot area; for example, a 1,000-square-foot lot could contain 1,000 square feet of building space. A FAR of 4 would permit 4,000 square feet. Because Waikīkī has little room to expand horizontally, a higher ratio generally enables taller or denser buildings. Waikīkī’s base FAR was described as approximately 1, while downtown Honolulu was said to be moving from 4 to 7. The proposal suggested exploring an increase from 1 to 4, although resort properties may already operate under exemptions, variances, or special permits. Many existing high-rise condominiums were built decades ago under different standards and are now grandfathered.
Workforce Housing and Redevelopment
Supporters said a higher FAR could create more housing, commercial space, restaurants, shops, and opportunities for small and medium-sized businesses. It could also make it financially feasible to redevelop deteriorated or boarded-up properties on side streets off Kūhiō Avenue. A vacant two-story property across from Duke’s Lane was cited as a site that could potentially support ground-floor commercial uses and workforce housing above. Developers reportedly are willing to invest but say height, density, zoning, and Waikīkī Special District restrictions make projects economically impractical. Members distinguished workforce housing for hotel and restaurant employees, managers, and other local workers—roughly described as households earning around $60,000 to $100,000—from deeply subsidized housing or voucher programs. More workers living near their Waikīkī jobs could reduce long bus commutes, daily driving, and congestion at the neighborhood’s limited entrances and exits.
Development and Zoning Working Group
A representative of the Waikīkī business community proposed creating an informal working group of neighborhood board members, Council Chair Waters’ staff, developers, residents, and business representatives. Over approximately one year, the group could review FAR, height limits, zoning, housing definitions, and other Waikīkī Special District regulations before submitting recommendations to the legislative committee and City Council. The stated goal would not be to eliminate development rules but to identify restrictions that prevent investment while preserving neighborhood character and addressing resident concerns. Members supported bringing technical experts and developers into future subject-focused meetings rather than attempting to resolve complex zoning issues in a single session.
Vacant Lots, Empty Buildings, and Tax Incentives
The discussion broadened to vacant lots and buildings whose values appreciate more rapidly than annual property taxes, allowing owners to hold undeveloped land for 10 to 15 years and later sell at a substantial profit. One proposal would impose a progressively higher tax rate on lots or buildings vacant for more than one year, encouraging owners to develop or sell. Members described this as the “stick,” while zoning flexibility and higher FAR would provide the “carrot” by making redevelopment more feasible. The concept was distinguished from an empty-homes tax, which applies to habitable residences left unoccupied. A participant employed by the city’s real-property office, speaking as a private citizen, cautioned that constitutional restrictions may prohibit explicitly punitive or coercive taxation. Others responded that taxes can be calibrated to influence behavior without becoming legally punitive, comparing the approach to cigarette taxes.
Empty Homes Versus Owner-Occupancy Taxation
Members discussed practical difficulties in administering an empty-homes tax, including defining when a residence is truly empty and identifying reliable evidence of occupancy. Hawaiian Electric reportedly would not provide electricity-use data for enforcement, and water consumption does not always correspond accurately with occupancy. An alternative used by other counties would create different tax classifications for owner-occupied and non-owner-occupied properties, which may be simpler to administer. Participants noted that a vacant-land or vacant-building tax, an empty-homes tax, and an owner-occupancy classification address different problems and could produce diminishing returns if layered together, because owners would likely place tenants in empty homes after the first assessment.
Committee Next Steps
The meeting was described as a productive inaugural session lasting approximately two hours. The committee planned to brief the full Waikīkī Neighborhood Board on the busking ordinance, tax proposals, housing proposal, kiosk legislation, sit-lie questions, Ala Wai enforcement, shopping carts, and development issues. Members favored organizing future meetings around narrower themes, such as land use and development, so experts and affected stakeholders can provide more detailed information. Immediate follow-up items included refining the busking draft, confirming noise and sit-lie law boundaries, arranging a possible tour of performance locations, consulting the managing director’s office about garbage-truck noise, researching kiosk laws and prior installations, coordinating with Senator Moriwaki on Ala Wai cleanup, reviewing model shopping-cart ordinances, and exploring a Waikīkī zoning and workforce-housing working group.