HANMI backs bill proposing regulation of ‘shobai’ activities

The Hotel Association of the Northern Mariana Islands wants the government to limit the number of beach concessions fronting hotels, expressing its support for a proposed legislation that would regulate solicitations for marine sports activities.

HANMI president Lynn Knight expressed the hotel industry’s concern against “shobai” activities—the overly aggressive solicitation by watersports operators or their agents for tourists to avail of their services—that have intimidated many of these guests.

The association told the House of Representatives’ Judiciary, Government and Law Committee that the number of concessionaires at each beach site fronting hotels should be limited to two. HANMI also wants beach concessions to be situated at least 50 feet away from the hotel premises.

The hotel group generally expressed its support for House Bill 14-52, the proposed Beachside Concessionaires Act of 2004, which seeks to criminalize shobai activities.

“We really hope that the sites will be improved through this piece of legislation once and for all,” Knight said. “A lot of people came here to enjoy the beach and relax. They don’t want to be harassed.”

HANMI also suggested that the government include liability insurance, background checks and police clearance for operators and employees as requirements for permitting concessions.

The bill proposes a criminal penalty of up to one-year imprisonment or $1,000 fine or both for conviction due to shobai activities.

Particularly, the bill seeks to require concessionaires or their employees to limit commercial activities within the concession area as designated in their respective permits.

It seeks to prevent concessionaires and their employees from engaging in “over[ly] aggressive consumer solicitation” and to require them not to trespass or “disturb the peace or quiet enjoyment and use of adjacent property, lessees, businesses and beachside hotels and their invitees.”

HANMI also supported the proposal for the revocation of concession permits of repeat offenders.

The measure also seeks to empower the Coastal Resources Management Office to issue notices of violations, which could entail up to $300 in monetary fines. An alleged violator, however, may request the CRMO for an administrative hearing under the proposed law.

Introduced by House Rep. Arnold Palacios and co-introduced by six other lawmakers, the bill notes that shobai activities cast doubt on the credibility of the Northern Marianas as a tourist destination.

“The unregulated and uncontrolled conduct of solicitation has caused disruption and threatens the safety of tourists as they are relentlessly pursued and pestered to purchase a multitude of marine sports-related and other services when relaxing on a public beach,” it states.

Sometime last year, the Marianas Visitors Authority spearheaded a task force to curtail shobai activities on beach concessions. Task force members included the CRMO, HANMI, Department of Public Safety, Marianas Public Lands Authority, and the Attorney General’s Office. Lt. Gov. Diego T. Benavente also joined the interagency group.