(a) Except for §§ 6-76.1-21,
6-76.1-22(b), 6-76.1-30, and 6-76.1-32, subchapters 3 and 4 do not apply to
shared tenant service provided by a premises owner or to shared tenant service
provided to the following entities (whether provided by a premises owner or by
a commercial shared tenant service provider):
(1) A hotel, where the shared tenant service
is provided to hotel transient residents, hotel administrative offices, and
hotel facilities, but not to permanent residents at the hotel or to entities,
businesses, or enterprises located within the hotel that are not affiliated
with the hotel. "Hotel" includes a hotel/condominium; it also includes a hotel
or hotel/condominium complex that is commonly-owned or commonly managed and
operated as a single entity. To be a hotel, the establishment must:
(A) Furnish transient lodging accommodation,
have a centralized front desk, and provide one or more customary hotel
services, such as room attendant service, bell service, linen laundering,
restaurant, and use of furniture and fixtures;
(B) Be subject to the Transient
Accommodations Tax as provided in chapter 237D,HRS;
(C) Be registered and certificated to engage
in the business of furnishing transient accommodations pursuant to §237D
4, HRS;and
(D) Be situated on a
single, continuous piece of property or on two or more pieces of property that
would be a single, continuous piece of property, but for separation by public
thoroughfare(s);
(2) A
hospital licensed pursuant to rules promulgated under §
321-11,
HRS, where the shared tenant service is provided to hospital patients, hospital
administrative offices, and hospital-affiliated facilities, but not to
physicians or others occupying offices in the hospital who are engaged in the
private practice of medicine or private business or to other medical or non
medical entities, businesses, or enterprises located at the hospital that are
not affiliated with the hospital;
(3) A nursing home licensed pursuant to
chapter
457B, HRS, where the shared tenant
service is provided to nursing home patients, nursing home administrative
offices, and facilities affiliated with the nursing home, but not to entities,
businesses, or enterprises located in the nursing home that are not affiliated
with the home;
(4) A continuing
care facility licensed pursuant to §
321-15.6,
HRS, where the shared tenant service is provided to the care facility patients,
care facility administrative offices, and other offices affiliated with the
care facility, but not to entities, businesses, or enterprises located at the
care facility that are not affiliated with the facility; and
(5) An airport complex under the jurisdiction
of the department of transportation where the department of transportation
provides shared tenant services to non-affiliates as well as
affiliates.
(b) The
exclusion of shared tenant service to permanent residents (in the case of
hotels) and to entities, businesses, or enterprises located within any of the
establishments enumerated in subsection (a) that are not affiliated with the
establishment is to require each of them to obtain telecommunications service
directly from a telecommunications carrier for originating calls to and
receiving calls from persons outside the establishment; provided that the
shared tenant service provider at any of these establishments may extend its
service to permanent residents (in the case of hotels) and to entities,
businesses, and enterprises located within the establishment but not affiliated
with the establishment, provided such extended service is only for the purpose
of providing communications solely within the confines of the
establishment.
