For purposes of this chapter, unless it is plainly evident by the context that a different meaning is intended, certain words and phrases used in this chapter are defined herein below:

“Department” means the department of public works and waste management, County of Maui.

“Director” means the director of the department of public works and waste management, County of Maui, or an authorized representative.

“Licensed liquor establishment” means a business establishment that has a liquor license issued by the liquor control commission of the County of Maui in which liquor is consumed or disposed of on the premises. For purposes of this chapter, the following shall be excluded from this definition: class 4. retail dealers licenses and class 10. special licenses.

“Licensee” means the holder of a liquor license for a licensed liquor establishment issued by the liquor control commission of the County of Maui, including all agents, servants, or employees thereof.

“Refuse” means all discarded and disposable matter, including garbage and rubbish as defined in Maui County Code section 8.04.010, as amended, except glass containers. (Ord. 2940 § 2 (part), 2001)

A. All licensees shall arrange or provide for the recycling of all glass containers discarded by the licensee’s licensed liquor establishment.

B. Licensees shall not mix glass containers with refuse or place glass containers in a manner which causes or is intended to cause the disposal of glass containers with refuse.

C. All licensees shall register with the department using forms provided by the department. Any licensee issued a liquor license after the effective date of this ordinance, shall register with the department within one month after being issued a liquor license. All licensees shall immediately notify the department of any changes to the registration information provided.

D. All licensees shall maintain records reflecting the recycling of glass. The records shall be made available, upon request, for inspection by the department.

E. Licensees may petition the director to suspend the requirements of this chapter if the licensee demonstrates that recycling pick-up service or drop-off facilities for glass containers are unavailable to the licensee’s licensed liquor establishment. All suspensions shall be subject to periodic review by the director, and shall be revoked by the director upon a finding that a recycling pick-up service or drop-off facility becomes available to the licensee’s licensed liquor establishment. The director may revoke a suspension at any time by providing written notice to the licensee by certified mail, which notice shall further state that the licensee shall comply with the provisions of this chapter within thirty days from the date of said notice. (Ord. 2940 § 2 (part), 2001)

The director is authorized to adopt rules to implement this chapter. (Ord. 2940 § 2 (part), 2001)

A. Any licensee violating any provision of this chapter shall be fined not more than $1,000.

B. Fines collected pursuant to this subsection shall be deposited into the solid waste fund. (Ord. 2940 § 2 (part), 2001)