NEW PROPOSED `IOLANI PALACE RESTRICTIONS

Subchapter 5 ‘lolani Palace State Monument.

§ 13-146-69 Purpose. The purpose of this subchapter is to provide rules specific to the ‘lolani Palace State Monument in order to recognize, protect, and preserve the historic and cultural significance of the Monument and to meet the Monument’s educational mission to preserve the character of the era of Hawaii’s monarchy.

‘lolani Palace State Monument (‘lolani Monument) consists of ‘lolani Palace, Barracks, Coronation Pavilion, Kanaina Building (Old Archives Building), Kekauluohi Building (State Archives Building) and Grounds consisting of 11 acres of land, including the perimeter wall and wrought iron fence bordered by King Street, Likelike Street, Hotel St. Mall and Richards Street.

‘lolani Monument is one of the most important historical and cultural resources in Hawaii. Before the arrival of the missionaries in the 1820’s, a Hawaiian temple or heiau, known as “Kaahimauili,” was sited in this area. Later, a small mausoleum was built on the grounds to house the remains of King Liholiho and Queen Kamamalu.

While the remains of these Royalty were moved to their new resting place in 1865, accounts state that the bones of certain chiefs remain on the site. King Kalakaua, out of respect for this sacred and hallowed place, raised a mound over it. Hawaiian culture demands great respect and care for the location of ancient burial sites of Hawaiian chiefs.

In 1882, ‘lolani Palace was built and served to house Hawaii’s last Monarchs, King Kalakaua and Queen LiIi’uokalani. This is the only palace in the United States. It is listed in the National Register of Historic Places and designated a National Historic Landmark. The State designated the area a Monument in recognition of its historic importance, and to utilize these unique resources to educate and promote awareness of the historic and cultural character of the era of the Hawaiian monarchy.

The Friends of ‘Iolani Palace, a non-profit organization which acts as the State’s steward of the Palace under a lease agreement, holds the official designation as the State of Hawaii Museum of Monarchy History. Their mission is, “To preserve, restore, interpret, share and celebrate the unique cultural, historic and spiritual qualities of ‘lolani Palace and its Grounds for the benefit of Native Hawaiians, the People of Hawaii and the world.”

‘lolani Monument also includes the Kekauluohi Building, the Hawaii State Archives Building. The Archives houses thousands of priceless and irreplaceable records generated by the State and the former territorial government and monarchy.

‘lolani Monument is a public gathering site. People are welcome to gather on the Grounds and to have limited and managed access to the Palace, Archives, Barracks and Coronation Pavilion. However, the sacred cultural sites, the rare historic resources, and the mission of the entire ‘lolani Monument to maintain the historic character of the Monarchy era, requires specific rules dedicated to protect and preserve the character, buildings, cultural sites and grounds for future generations.

These rules serve the significant government interest of protecting the Monument and the safety of the persons who visit it. The Monument and the valuable historic property and records it holds must be preserved for the use and enjoyment of all of the people of Hawaii and visitors to the islands for generations to come.

§ 13-146-70 ‘lolani Palace State Monument restrictions.

(a) All other rules in this chapter shall apply to ‘Jolani Palace State Monument except as provided herein. These rules do not infringe upon any rights or privileges to gather and express opinion as provided by Chapter 13-7.

However, these rules govern the time, place and manner in which such activities may occur for the purposes stated herein.
(b) The following shall be prohibited:
1) obstructing public access to the grounds, buildings, or structures;
2) access on or in the Burial Mound located in the Diamond Head-Makai quadrant, as designated on the map attached as Exhibit 1;
3) unauthorized occupation of any structure on the grounds, including but not limited to, ‘lolani Palace, Coronation Pavilion, Kanaina Building, ‘Iolani Barracks Building and the Kekauluohi (Archives) Building;
4) entering or remaining on the grounds during the hours they are closed, provided that persons with parking permits issued by the state Department of Accounting and General Services may enter and exit during the hours the grounds are closed for the purposes of parking and removing their cars;
5) engaging in any activity so as to obstruct or impede pedestrians or vehicles, or harass or intimidate visitors, volunteers or employees traversing or on the premises either verbally or with physical contact or barriers; including but not limited to hindering or interfering with the public’s use of one or more of the entry gates to the premises or building entrances;
6) interference with the public’s use of the premises or facilities, including but not limited to, the interpretive services, visitor services, government activities, enjoyment of the premises and programs by the general public;
7) signs or flags of a size greater than twelve (12) square feet;
8) signs or flags left in place on the grounds for duration of greater than eight (8) hours;
9) taking showers or bathing;
10) sale or consumption of alcoholic beverages, with the sole exception that the Friends of Jolani Palace may allow alcohol at permitted events for the purpose of meeting their mission, subject to the conditions and insurance requirements established by the department under a lease agreement or permit;
11) gathering or collecting any material, natural or man-made, on the grounds or within the buildings;
12) weapons of any type.
13) climbing, trimming or cutting any tree.
14) washing and polishing vehicles.
(c) The following activities and items shall be permitted but only with a permit issued by the department and subject to the limitations contained in this Subchapter:

1) activities with permits issued under chapter 13-7. Chapter 13-7 permits for the use of an area of the ‘Jolani Monument shall be subject to all of the provisions of section §13-146-71 and section §13-146-72.
2) amplified music, amplified noise, or any kind of loudspeaker in excess of the noise limits of this Subchapter;
3) barbeques and cooking;
4) constructing, manufacturing, or repairing anything on the premises;
5) animals, including animals on leashes, except for service, guide, or signal animals;
6) weddings;
7) overnight parking, unless the person has a parking permit for the area issued by the Department of Accounting and General Services;
8) use of an artificial light source on the grounds;
9) tents, awnings or similar structures;
10) operating a generator;
11) signs, flags or bunting applied to any building, wall, fence, or gate provided that the department may require insurance prior to authorizing posting on any historical structure;
12) portable toilets.
(d) The department shall issue permits for the Monument on a first come first serve basis. In the event multiple permits are requested, the department shall accommodate the requests provided space is available and the historic structures and their contents are hot jeopardized. The department shall issue permits without unreasonable delay, but no more than two business days after receipt of any permit application for a HAR 13-7 activity at ‘lolani Monument, and no more than forty-five days for other permits.
(e) Entry to ‘lolani Palace shall be only by:
1) paid admission ticket issued by the Friends of ‘lolani Palace.
2) permit issued by the department.
3) a representative of the department or an authorized representative of the Friends of ‘lolani Palace.
(f) Public parking on the grounds of ‘lolani Palace State Monument may be restricted by the department due to activities on the grounds or by the Department of Accounting and General Services for maintenance purposes.

§ 13-146-71 ‘lolani Monument Permit Limits. Permits for items or activities listed under subsection 13-146-70(c) and any permits issued for the ‘lolani Monument under Title 13, Chapters 7 and 146, Hawaii Administrative Rules, shall be subject to the following limitations:
(a) Time Limits: permits shall not exceed a period of three (3) days in any seven (7) day period, with the sole exception that the Friends of ‘lolani Palace may allow signs, flags or bunting to be applied to the historic structures for longer periods as permitted by the department for the purpose of meeting their mission, subject to the conditions and insurance requirements established by the department under a lease agreement or permit. An individual or group may be limited in the number of permits issued in a given month based on the ability to accommodate multiple permit requests. Permits shall not be granted during the hours the Monument is closed, with the exception of state holidays and Sundays when permits may be issued for educational and commemorative activities;
(b) Noise Limits: Amplified music or noise may be limited to no more than 60 dba (decibels “A” weighted) during the period of tours of ‘lolani Palace and the Royal Hawaiian Band concerts on the premises, and no more than 75 dba (decibels “A” weighted) at any other time period;
(c) Location Limits: Permits issued for the ‘lolani Monument shall be limited to an area designated by the department. Permits issued under Title 13 Chapter 7 for the ‘lolani Monument shall be limited to the two Ewa quadrants on Monday-Thursday, and to the Ewa-Mauka quadrant on Fridays, as designated on the map attached as Exhibit 1, in order to avoid interference with the lolani Palace tours and the Royal Hawaiian Band concerts;

§13-146-72 Penalties. Permits issued under Title 13, Chapters 7 and 146, Hawaii Administrative Rules, for ‘lolani Monument may be subject to permit revocation if the terms and conditions of the permit are violated. Persons who have violated permit conditions or the rules may be ordered by the department to leave the Monument. Permittees who have violated permit conditions or the rules may be denied future permits for ‘lolani Monument or subject to the imposition of additional permit restrictions.

Approved for Public Hearing
Department of Attorney General