Section 19-44-36 - Fees for use of facilities for private gain(a) The charges per vessel per month for utilizing state commercial harbor property or facilities for private gain other than solely for the taking of fish as a principal source of livelihood, unless under a lease arrangement, shall be as follows: (1) Cruise boats possessing a valid mooring permit shall be assessed: (A) two times the appropriate mooring fee indicated in section 19-44-31; or(B) two times the appropriate dockage rate indicated in section 19-44-20 (depending on the length of vessel); or(C) two per cent of the vessel's monthly gross receipts, whichever is greatest.(2) A common carrier, operating a passenger transportation system under the authority of a certificate of public convenience and necessity issued by the public utilities commission of the State shall be assessed two times the designated mooring fee as indicated in section 19-44-31, or two times the designated dockage rate as indicated in section 19-44-20 (depending on the length of vessel), or two per cent of the vessel's gross receipts, whichever is greatest.(3) Charter boats possessing a valid mooring permit shall be assessed two times the designated mooring fee as indicated in section 19-44-31, or two times the designated dockage rate as indicated in section 19-44-20 (depending on the length of vessel), or two per cent of the vessel's monthly gross receipts, whichever is greatest.(4) Vessels possessing a valid commercial permit and which use state commercial facilities as a pick-up or drop-off site for commercial purposes, shall be assessed $158.13 per month or two per cent of the vessel's monthly gross receipts, whichever is greater, when dockage is not charged.(5) Holders of a valid miscellaneous permit shall be assessed fees as detailed in the permit.(6) Percentage rates in sections 19-44-36(a) (1), (2), (3), and (4) will increase as follows: (A) Effective July 1, 2011, the percentage rate will increase to 2.25%; and(B) Effective July 1, 2013, the percentage rate will increase to 2.50%.(b) A monthly report (DOT 3-167) showing the gross receipts and charges and the total number of passengers carried during the month by the vessel shall be submitted by the permittee to the department within thirty days after the last day of the month being reported and the net charges due shall be remitted along with the report for cruise boats in subsection (a)(1).(c) A monthly report (DOT 3-171) showing the gross receipts derived during the month by the vessel on a form provided by the department shall be submitted by the permittee or passenger common carrier authorized by the public utilities commission to the department within thirty days after the last day of the month being reported and the net charges due will be remitted along with the report. [Eff 5/20/82; am 12/5/83; am 12/20/85; am 11/7/91; am and comp 2/26/96; am 3/10/97; am and comp FEB 01 2010] (Auth: HRS § 266-2) (Imp: HRS § 266-2)