County Council passes pilot program to allow mobile vendors along a stretch of highway in Kona

The Hawaiʻi County Council on Wednesday voted for a pilot program that would authorize special activity permits for commercial vendors on the ocean side of Ane Keohokālole Highway in Kailua-Kona.

Council Chair Holeka Inaba introduced the measure that changes the permitting to allow small, mobile businesses to apply to operate within a 200-yard stretch between the West Hawaiʻi Civic Center and Allied Quarry Access Road.

Inaba said commercial activity already is occurring on the side of the highway and on several other roadways in Kailua-Kona. He said they have no legal places along roads in the county for mobile vendors to do business.

“A lot of work has been spent working with the Hawaiʻi Police Department and the Department of Public Works to find a safe, legal place for these businesses to operate,” Inaba said. “Any folks who are set up along any road in the county are doing so illegally, so having a dedicated area for this kind of activity will help police who are stretched thin.”

Catie Anderson owns Sugars Hawaiʻi BBQ and Desserts food truck and also organizes Food Truck Friday in the Target parking lot each week. This is the only time food trucks can operate for free and without a permit in Kailua-Kona.

“I know that some of the foods trucks were parking on the highway and other roads and would get in trouble because we arenʻt allowed to do that,” Anderson said. “I think it would be helpful to some of us who are trying to open more, but canʻt because there is no where to park. We are thankful for Fridays, but unfortunately, we have hit the max amount of vendors we can fit in here.”

Anderson said she could help the county get the word out since she organizes the Food Truck Fridays and can help ensure that everyone has a fair shot at operating from the new location.

This corridor of Ane Keohokālole Highway was partly selected because it has a large shoulder that makes it safer.

Laura Mallery-Sayre and Frank Sayre, co-founders of the Sayre Foundation, were the only testifiers to speak against the resolution due to concerns about public safety and its location in an established exercise corridor.

“The law that prevents vendors from setting up on the side of county or state highways is there to protect and save lives, and this may put the community in danger,” Mallery-Sayre said. “A major thoroughfare is not conducive to pulling off the side of the road.”

She said if food trucks are needed for the Civic Center, they should operate in the parking lot where it is less dangerous for the public.

Mallery-Sayre also spoke about the decades of time and effort community members put into establishing a trail for pedestrians and bikers that runs both mountain and ocean sides of Ane Keohokālole Highway.

Both Sayre and Mallery-Sayre worked with People for Active Transportation Hawaiʻi (PATH Hawaiʻi) to establish the “Queens’ Lei Trail Path,” which is now a 6.75-mile loop completed in 2016.

“It was an honor to create the first exercise corridor for the community, and after all the work, it was not meant to be a strip mall,” Mallery-Sayre said during her testimony. “No one I have spoken to was consulted prior to the bill being introduced, and our 40 years of effort will now have to deal with unheeded vending trucks.”

While Inaba understood the Sayres’ concerns, he made it clear that the Department of Public Works is committed to posting clear signage and ensuring that vendors are parked away from the highway and bike path.

He also said that if there are safety or environmental concerns, the Department of Planning can revoke permits at any time.

Councilmembers Matt Kanealiʻi-Kleinfelder and James Hustace asked a few clarifying questions but ultimately agreed on the bill to see how the pilot program goes.

“This is a pilot program looking into economic development while also balancing safety for residents and visitors to these sites,” Inaba said.

He also said that the permits are for individual businesses; there will be daily hours that have not yet been set; and vendors will be responsible for cleaning their trash each day.

However, fellow west-side councilmember Rebecca Villegas was not in support of the bill, reiterating her stance that public roadways did not need to be used because there are shopping centers and other areas to host mobile businesses.

Councilmember Jenn Kagiwada changed her original support of the measure after hearing from the Sayres and other community groups that had not been consulted.

“Since decades of work have been put into gearing space toward recreation and being a safe place for families to walk and exercise, I would love to take more time and get more input from community members over here,” Kagiwada said.

The County Council passed the measure 5-2, with Kagiwada and Villegas voting no. Councilmembers Michelle Galimba and Heather Kimball were excused.

After the vote, Inaba said he would reach out to the community for feedback before putting out the application for vendors.