Section 6-76.1-46 - Exemptions - shared tenant service provided by premises owner; shared tenant service provided to hotel, hospitals, and other establishments(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.[Eff ] (Auth: HRS §§ 269-6, 269-16.9) (Imp: HRS §§ 269-6, 269-16.9)