A 28-year-old businessman allegedly drugged an intoxicated woman and raped her after bringing her back to his penthouse in Waikiki.

Jack R. Mellon III, who has no criminal record in Hawaii, was charged yesterday with first- and second-degree sexual assault.

He was released from the main police station after posting $100,000 bail.

Mellon is the owner of Epic Tours HI, according to state business records. The company could not be reached for comment.

According to court documents, the 28-year-old woman told police she was celebrating her birthday in Chinatown with Mellon and a group of friends on Oct. 30. She got drunk and vomited outside a bar, and Mellon suggested they go back to Waikiki.

The woman vomited again inside a taxicab before getting out with Mellon at 300 Wai Nani Way in Waikiki.

Inside his penthouse, Mellon undressed, showered and placed the woman, who told police she was drunk but aware of what was happening, on the bed.

Mellon suggested three times that she take cocaine to feel better and touched her lips after she refused the last time.

The woman’s lips became numb, and Mellon had oral and vaginal sex with her without her permission.

The woman got up after passing out for several hours and left the apartment at about 4 a.m.

An officer who was with the woman found Mellon at his apartment on Tuesday. The woman identified Mellon and he was arrested.

He is expected to appear in court today.