County Right of Way Vending Permit

I.  All vending engaged within any County right-of-way must have a revocable permit pursuant to Kauai County Code Chapter 20, Article 5, unless the commercial activities are authorized or controlled by concession, contract or are part of a County-sponsored program, other than that described herein, or are exempt under Kauai County Code §23- 3.4, as amended.

1. Permit applications shall be obtained from the Office of Economic Development (OED) at 4444 Rice Street, Suite 200, Lihue, HI 96766.

2. A complete application and all application requirements stated under subsection II.B. of these Rules shall be submitted to OED a minimum of ninety (90) calendar days prior to any proposed vending event. Applications submitted after the ninety (90) calendar day minimum requirement may not be accepted. Applicants are encouraged to submit permit applications more than ninety (90) days prior to any proposed vending event to accommodate agency review, potential bidding procedures, and public outreach.

3. The Director of Finance will make every effort to issue a determination on any complete application a minimum of thirty (30) calendar days prior to any proposed vending event.

II.   Application Requirements.  The following shall be required to apply for a revocable permit for commercial activities in the County right-of-ways:

  1. A non-refundable filing and processing fee in the amount of $100.
  2. A complete application form that contains all the information required by the Director of Finance, which may include, but is not be limited to:
  3. Experience in managing events of a similar nature.
  4. Ability to provide required insurance.
  5. Financial and organizational ability to meet permit conditions.
  6. Site plan, schematic diagram of the vendor or stand layout, and map.
  7. Description of the event.
  8. Number of vendors or stands.
  9. Promotion of Kaua'i Made and Kaua'i Grown products.

Applicants shall notify adjacent property business owners within a fifty (50) feet radius from the vending area. Property owners within a fifty (50) feet radius from the vending area shall be afforded a minimum of thirty (30) calendar days to provide comments on the application.

For the purposes of this subsection, if there are multiple owners for any given parcel of real property, notice to one (1) co-owner shall be sufficient notice to all other co-owners of the same parcel of real property. At minimum, the notice shall include the following information:

  1. Date(s) and time(s) of the proposed vending activity and event.
  2. Description of the proposed vending event and the event's location.
  3. Number of vendors or stands.
  4. Site plan and map.

Along with the application requirements that are specified in this subsection, applicants shall submit to OED the following:

  1. An affidavit that confirms the mailing or delivery of the notice to the required property owners.
  2. A list of persons to which notices were sent.
  3. All comments received as a result of the notices.
  4. Applicants' responses to any and all comments received.
  5. Applicants' plans to adjust the permit application based on the comments received.

For additional help, please see below.

Permit Applications are available online only at ROW Permit Link.

Permit Help Documents:

ROW-Certificate-of-Insurance-Sample.pdf(PDF, 84KB)

Revocable ROW Permit Ordinance(PDF, 985KB)

Sample-Notification-Letter.pdf(PDF, 125KB)

Sample-Notification-List.pdf(PDF, 41KB)

County-ROW-Permit-Checklist-for-Client.docx(PDF, 95KB)