L i q u o r
L aw s
Of
H awa i i
Chapter 281, Hawaii Revised Statutes
City and County of Honolulu
Revised April 2016 ● Printed April 2017
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TITLE 16 INTOXICATING LIQUOR
CHAPTER 281 INTOXICATING LIQUOR
PART I. GENERAL PROVISIONS .................................................................................................... 1
§281-1 Definitions .......................................................................................................................... 1
§281-2 Excepted articles; penalty ............................................................................................ 5
§281-3 Illegal manufacture, importation, or sale of liquor. .................................................. 6
§281-4 Liquor consumption on unlicensed premises prohibited, when ............................ 6
[§281-5] Powdered alcohol ......................................................................................................... 8
PART II. LIQUOR COMMISSIONS .................................................................................................. 8
§281-11 County liquor commissions and liquor control adjudication boards;
qualifications; compensation ....................................................................................... 8
§281-11.5 Liquor commission and board attorney ..................................................................... 9
§281-12 Commission and board office .................................................................................... 10
§281-13 Meeting ........................................................................................................................... 10
§281-14 Records ........................................................................................................................... 10
§281-15 Reports, accounts, audit. ............................................................................................ 11
§281-16 County liquor commission and liquor control adjudication board funds;
disposition of realization; payment of expenses ..................................................... 11
§281-17 Jurisdiction and powers ............................................................................................... 11
§281-17.5 Fees; justified, method of change, limitation .......................................................... 14
§281-18 REPEALED ........................................................................................................................ 15
§281-19 Hearings, attendance, examinations ....................................................................... 15
§281-20 General right of inspection ......................................................................................... 15
§281-21 Service of subpoenas by investigators, police officers, or
other law enforcement officers; witnesses' fees ..................................................... 15
§281-22 Political activities of commission employees ........................................................... 16
PART III. LICENSES AND PERMITS, GENERAL PROVISIONS ....................................................... 16
§281-31 Licenses, classes ............................................................................................................ 16
§281-32 Licenses, temporary ...................................................................................................... 28
This is an unofficial version of Chapter 281, Hawaii Revised Statutes, as amended. Every attempt has been
made to ensure the accuracy and the completeness of the laws contained herein. No express or implied
guarantees or warranties are made. For the official version of the current law, please consult the 1993
Replacement volume of the Hawaii Revised Statutes, and all amendments and cumulative supplements
thereto published by the Revisor of Statutes in written form as authorized by law.
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§281-33 Special powers, privileges, and rights ....................................................................... 29
§281-32.3 REPEALED ........................................................................................................................ 28
§281-32.5 Permits for trade shows or other exhibitions ............................................................. 29
§281-33.1 Individual permits to receive shipments of liquor ................................................... 29
§281-33.5 REPEALED ........................................................................................................................ 30
§281-33.6 Direct shipment of wine by wineries .......................................................................... 30
§281-34 Sham operation under club license; supervision .................................................... 32
§281-35 Special conditions; club licenses ............................................................................... 32
[§281-35.5] Special conditions; condominium hotel licenses.................................................... 32
§281-36 REPEALED ........................................................................................................................ 33
§281-37 Sales of alcohol ............................................................................................................. 33
§281-38 Conditions of licenses ................................................................................................... 33
§281-39 Place of business; exception; solicitors' and representatives' permits ................ 34
§281-39.5 Liquor license prohibited; where ................................................................................ 35
§281-40 Unlicensed liquor ........................................................................................................... 35
§281-41 Transfer of licenses; notice of change in officers, directors,
and stockholders of corporate licenses, partners of a partnership
license, and members of a limited liability company license; penalty .............. 36
§281-42 Manufacturers and wholesale dealers, special restrictions .................................. 39
§281-43 REPEALED ........................................................................................................................ 40
§281-44 Advertisements and signs upon licensed premises ................................................ 40
§281-45 No license issued, when. No license shall be issued under this chapter: .......... 40
§281-46 Pool buying ..................................................................................................................... 41
§281-47 Standard bar; music and dancing available .......................................................... 42
PART IV. PROCEDURE FOR OBTAINING LICENSE ....................................................................... 42
§281-51 Prior inspection .............................................................................................................. 42
§281-52 Public hearing ................................................................................................................ 42
§281-53 Application; penalty for false statements ................................................................ 43
[§281-53.5] County liquor commissions; criminal history record check ................................... 44
§281-54 Filing fees with application .......................................................................................... 45
§281-55 Reference to investigator ............................................................................................ 45
§281-56 Report by investigator .................................................................................................. 45
§281-57 Preliminary hearing; notice of public hearing ......................................................... 46
§281-58 Protests ............................................................................................................................ 49
§281-59 Hearing; rehearing ........................................................................................................ 49
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§281-60 Further application ....................................................................................................... 51
§281-61 Renewals ......................................................................................................................... 52
§281-62 Reduction or increase in area of licensed premises .............................................. 53
PART V. DUTIES OF AND SUPERVISION OVER LICENSEE .......................................................... 53
§281-71 Posting of license ........................................................................................................... 53
§281-72 Condition of premises .................................................................................................. 53
§281-73 Quality of liquor; penalty ............................................................................................. 53
§281-74 Labels on containers .................................................................................................... 53
§281-75 Analyses .......................................................................................................................... 54
§281-76 Tampering with samples; penalty .............................................................................. 55
§281-77 Refusal of samples; penalty ........................................................................................ 55
§281-78 Prohibitions ...................................................................................................................... 55
[§281-78.5] Practices to promote excessive consumption of liquor; prohibited ................... 57
§281-79 Entry for examination; obstructing liquor commission operations; penalty ....... 57
§281-80 Arrest ................................................................................................................................ 58
§281-81 REPEALED ........................................................................................................................ 58
§281-82 No action for debt ........................................................................................................ 58
§281-83 REPEALED ........................................................................................................................ 59
§281-84 Exclusion of intoxicated person from premises; penalty ....................................... 59
§281-85 Prize, gift, premium, and other inducement ............................................................ 59
PART VI. REVOCATION OF LICENSE ............................................................................................ 59
§281-91 Revocation or suspension of license; hearing. ........................................................ 59
§281-92 Appeals ........................................................................................................................... 61
§281-93 Reports to prosecuting officers ................................................................................... 61
§281-94 Forfeiture of fee paid .................................................................................................... 61
§281-95 Bankruptcy, insolvency, death ................................................................................... 62
§281-96 Cancellation .................................................................................................................. 62
§281-97 When sale without license authorized ...................................................................... 62
PART VII. GENERAL VIOLATIONS AND PROSECUTIONS ............................................................. 63
§281-101 Manufacture or sale without license; penalty ......................................................... 63
§281-101.4 Hearing, illegal manufacture, importation, or sale of liquor ................................. 63
§281-101.5 Prohibitions involving minors; penalty. ...................................................................... 65
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§281-102 Other offenses; penalty ............................................................................................... 66
§281-102.5 Purchasing from other than primary source of supply; penalty........................... 66
§281-103 REPEALED ........................................................................................................................ 67
§281-104 Investigators, employees, counsel for ....................................................................... 67
§281-105 Determination whether acts were in scope of duty .............................................. 67
§281-106 Prosecutions not to exclude other remedies affecting license or goods .......... 68
§281-107 Presumptive evidence ................................................................................................. 68
§281-108 Search warrants; seizure .............................................................................................. 69
§281-109 Seizure without warrant. ............................................................................................... 69
§281-110 Arrest; abetters .............................................................................................................. 70
§281-111 Condemnation of property or liquor; disposition .................................................... 70
§281-112 REPEALED ........................................................................................................................ 71
§281-113 Claims .............................................................................................................................. 71
§281-114 Appeals ........................................................................................................................... 72
PART VIII. PRICE DISCRIMINATION IN SUPPLYING LIQUOR--REPEALED ................................... 72
§§281-121 to 124 REPEALED ........................................................................................................................ 72
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PART I. GENERAL PROVISIONS
§281-1 Definitions. Whenever used in this chapter, unless
otherwise apparent from the context:
"Addicted to the excessive use of intoxicating liquor"
refers to one who has acquired the habit of using intoxicating
liquor excessively to deprive oneself of reasonable self-
control, a common drunkard, or a habitual drunkard.
"Alcohol" means the product of distillation of any
fermented liquid, whether rectified or not, whatever may be the
origin thereof, and includes synthetic ethyl alcohol, but not
denatured or other alcohol which is considered nonpotable under
the customs laws of the United States.
"Beer" means any beverage obtained by the alcoholic
fermentation of any infusion or decoction of barley or other
grain, malt, and hops in water.
"Club" means any organization for objects of a social,
patriotic, political, or athletic nature, or the like, but not
for pecuniary gain, having a regular membership to all of whom
is charged monthly or quarterly dues, employing a full-time
steward, and from which organization no person is entitled to or
takes, directly or indirectly, any share of the profits
thereof. "Club" also means the establishment so operated and
the premises thereof; provided the word "club" shall not apply
to any organization not in existence for at least one year prior
to its application for a license.
"Commission" means the liquor commission for the county
within which such commission has jurisdiction under this
chapter.
"Condominium hotel" means an establishment consisting of
one or more buildings that includes:
(1) Guest rooms that are apartments, as defined in section 514A-3, or units, as defined in
section 514B-3, which are used to provide transient lodging for periods of less than thirty days
under a written contract with the owner of the apartment or unit in the condominium hotel
operation; and
(2) Guest rooms that are units, owned or managed by the condominium hotel operator
providing transient lodging for periods of less than thirty days, which are offered for adequate
pay to transient guests.
A "condominium hotel" does not include a hotel that may be part
of a condominium property regime established under chapter 514A
or 514B, that does not have guest rooms that are separate
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apartments, as defined in section 514A-3, or units, as defined
in section 514B-3.
"Condominium hotel operator" means any person who operates
a condominium hotel, including but not limited to, a condominium
hotel operator registered under section 467-30.
"County" means the county in respect of which each
commission has jurisdiction under this chapter; provided that in
the county of Kalawao liquor may be sold only by such persons
and only under such conditions as may be permitted or prescribed
from time to time by the department of health.
"Elected executive head" means the mayor of each county or
the mayor's duly appointed or elected successor.
"Gross sales" means the total receipts actually received
from the sale of liquor for which the license has been issued
without deduction on account of the cost of property sold or
expenses of any kind.
"Hotel" means an establishment consisting of one or more
buildings which contain such total number of rooms as may be
prescribed by the commission and in which rooms sleeping
accommodations are provided and offered for adequate pay to
transient or permanent guests.
"Investigator" means any investigator of the commission in
each case for the county wherein the commission has
jurisdiction.
"License" means any license granted under this chapter.
"Licensee" includes also all agents, servants, and
employees of the holder of a license.
"Liquor" or "intoxicating liquor" includes alcohol, brandy,
whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine;
and also includes, in addition to the foregoing, any spirituous,
vinous, malt or fermented liquor, liquids, and compounds,
whether medicated, proprietary, patented, or not, in whatever
form and of whatever constituency and by whatever name called,
containing one-half of one per cent or more of alcohol by
volume, which are fit for use or may be used or readily
converted for use for beverage purposes.
"Liquor control adjudication board" or "board" means a
board established by county charter, within a county, that shall
have the jurisdiction to hear and determine complaints or
violations of liquor laws and to impose penalties as may be
provided in this chapter.
"Minibar" means a specified area of a hotel or condominium
hotel guest room where a selection of liquors in their original
package are kept for sale or consumption in the hotel or
condominium hotel guest room.
"Minor" means any person below the age of twenty-one years.
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"Original package" means a package or container as it
existed at the time of its delivery by the manufacturer or the
wholesale dealer for convenience in transportation and sale.
"Partner" means a partner in a general partnership, limited
partnership, or limited liability partnership.
"Person" means and includes natural persons, associations,
copartnerships, limited liability companies, and corporations,
and also includes any agent, servant, and employee of such
person.
"Premises" or "licensed premises" means the building and
property that houses the establishment for which a license has
been or is proposed to be issued; provided that in the case of
class 12 hotel license, "premises" includes the hotel premises;
provided further that in the case of a class 15 condominium
hotel license, "premises" includes apartments, as defined in
section 514A-3, or units, as defined in section 514B-3, that are
used to provide transient lodging for periods of less than
thirty days under a written contract with the owner or owners of
each unit in, and common elements for access purposes as
established by the declaration of condominium property regime
of, the condominium hotel; and provided further that if an
establishment is in a retail shopping complex the businesses of
which have formed a merchants association, "premises" means the
establishment. As used in this definition, "establishment"
means a single physical location where the selling of liquor
takes place.
"Public place" means any publicly owned property or
privately owned property open for public use or to which the
public is invited for entertainment or business purposes.
"Regulation" means any regulation prescribed by the
commission with the approval of the elected executive head of
the county for carrying out this chapter.
"Restaurant" means a place which is regularly and in a bona
fide manner used and kept open for the serving of meals to
patrons for compensation and which has suitable kitchen
facilities connected therewith, containing the necessary
equipment and supplies for cooking an assortment of foods which
may be required for ordinary meals. Additionally, at least
thirty per cent of the establishment's gross revenue must derive
from the sale of foods.
"Retail licensee" means any licensee holding a class 2,
class 4 through class 16, or class 18 license.
"Sell" or "to sell" includes to solicit and receive an
order for; to have or keep or offer or expose for sale; to
deliver for value or in any other way than purely gratuitously;
to peddle; to keep with intent to sell; to traffic in; and the
word "sale" includes every act of selling as herein
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defined. Notwithstanding the provisions above, the delivery of
liquor by a licensee's vehicle or the vehicle of a licensee's
agent shall be deemed delivery for value.
"Seller" includes the agents and employees of a seller;
provided that any person shall be deemed to be a seller, who in
the State, whether acting as agent or representative of a
nonresident principal or otherwise, solicits the placing of or
takes, receives, or forwards orders for liquor to be shipped
into the State from any place without the State to be delivered
to customers, by direct shipment or otherwise.
"Standard bar" means any establishment licensed to sell
liquor for consumption on the premises, except:
(1) Premises in which a person performs or entertains unclothed or in attire restricted to use
by entertainers pursuant to commission regulations; or
(2) Premises in which live entertainment or recorded music is provided. Facilities for
dancing by the patrons may be permitted as provided by commission rules; or
(3) Premises in which employees or entertainers consume nonalcoholic beverages while in
the company of patrons or sit with patrons pursuant to commission rules.
"Under the influence of liquor" means that the person
concerned has consumed intoxicating liquor sufficient to impair
at the particular time under inquiry the person's normal mental
faculties or ability to care for oneself and guard against
casualty, or sufficient to substantially impair at the time
under inquiry that clearness of intellect and control of oneself
which the person would otherwise normally possess.
"Wine" means any wine coming within the definition of wine
contained in the United States Revenue Act of 1918 (Act of
February 24, 1919), and includes sake.
"Written" or "writing" includes printing and typewriting.
[L Sp 1933, c 40, §1; RL 1935, §2570; am L 1935, c 105, §1; am L
1937, c 211, §2; RL 1945, §7221; am L 1945, c 144, §1; am L
1951, c 223, §1; am L 1955, c 263, §3; RL 1955, §159-1; am L
1957, c 321, §1(a); am L Sp 1959 2d, c 1, §19; am L 1961, c 91,
§1; am L 1963, c 172, §2(a), (f); HRS §281-1; am L 1972, c 2,
§5; am L 1976, c 87, §1; am L 1980, c 256, §1; gen ch 1985; am L
1986, c 342, §2; am L 1987, c 283, §70; am L 1990, c 171, §1; am
L 1991, c 206, §2; am L 1992, c 207, §2; am L 1997, c 57, §1; am
L 1998, c 90, §1 and c 249, §1; am L 2001, c 257, §2; am L 2007,
c 53, §2; am L 2008, c 28, §22 and c 168, §1; am L 2009, c 184,
§2; am L 2014, c 31, §1, c 57, §2, and c 211, §2]
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§281-2 Excepted articles; penalty. The articles enumerated in
this section shall not, after having been manufactured and
prepared for the market, be subject to this chapter if they
correspond with the following descriptions and limitations,
namely:
(1) Denatured alcohol or denatured rum produced and used as provided by laws and
regulations now or hereinafter in force;
(2) Medicinal preparations manufactured in accordance with formulas prescribed by The
Pharmacopoeia of the United States of America or The National Formulary that are unfit for use
for beverage purposes;
(3) Patented, patent and proprietary medicines that are unfit for use for beverage purposes;
(4) Toilet, medicinal, and antiseptic preparations and solutions, that are unfit for use for
beverage purposes;
(5) Flavoring extracts and syrups that are unfit for use as a beverage or for intoxicating
beverage purposes;
(6) Vinegar and preserved sweet cider;
(7) A food which is a confectionery and contains alcohol of five per cent or less by weight.
Any person who manufactures any of the articles mentioned
in this section may purchase and possess alcohol for that
purpose, but the person shall not sell, use, or dispose of any
alcohol otherwise than as an ingredient of the articles
authorized to be manufactured therefrom. No more alcohol shall
be used in the manufacture of any extract, syrup, or article
named in paragraphs (2), (3), and (4) of this section which may
be used for beverage purposes than the quantity necessary for
extraction or solution of the elements contained therein and for
the preservation thereof.
Any person who knowingly sells any of the articles
mentioned in paragraphs (1), (2), (3), and (4) of this section
for beverage purposes or any extract or syrup for intoxicating
beverage purposes or who sells any of the same under
circumstances from which the seller might reasonably deduce the
intention of the purchaser to use them for such purposes shall
be guilty of a misdemeanor and upon conviction thereof shall be
punished as provided in section 281-102.
Whenever it is believed that any article mentioned in this
section does not correspond with the descriptions and
limitations herein provided, the liquor commission or any
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inspector or any prosecuting officer may cause an analysis
thereof to be made, and if, upon such analysis, it is found that
the article does not so correspond, the person who manufactures
or sells the same may be prosecuted as a manufacturer or seller
of liquor contrary to this chapter. [L Sp 1933, c 40, §74; RL
1935, §2642; RL 1945, §7294; RL 1955, §159-2; HRS §281-2; am L
1972, c 177, §1; gen ch 1985; am L 1988, c 402, §4]
§281-3 Illegal manufacture, importation, or sale of liquor. It
shall be unlawful for any person not having a valid license to
manufacture or sell any liquor except as otherwise provided in
this chapter; provided that the head of any family may produce
for family use and not for sale an amount of wine not exceeding
two hundred gallons a year, and an amount of beer not exceeding
one hundred gallons a year.
It shall also be unlawful for any person, not having a
valid wholesale license or a valid manufacturer's (including
rectifier's) license, to import any liquor from without the
State, except as otherwise provided in this chapter. Liquor
imported into this State shall come to rest at the warehouse of
the manufacturer (including rectifier) or the wholesaler
importing the liquor, shall be unloaded into such warehouse, and
shall be held in such warehouse for at least forty-eight hours
before further sale by such manufacturer (including rectifier)
or wholesaler.
It shall also be unlawful for any person to label,
designate, or sell any liquor using the word "Hawaii",
"Hawaiian", "Aloha State", "50th State", "Kauai", "Maui",
"Oahu", or "Honolulu" unless such liquor is wholly or partially
manufactured in the State, and all of the primary ingredients
are wholly rectified or combined in the State of Hawaii in
compliance with the Alcohol and Tobacco Tax and Trade Bureau
standards.
A license shall constitute authority for the licensee to
sell only the liquor thereby authorized to be sold by the
licensee. [L Sp 1933, c 40, §2; RL 1935, §2571; am L 1935, c
105, §2; am L 1937, c 211, §3; RL 1945, §7222; am L 1951, c 223,
§1(2); RL 1955, §159-3; am L 1963, c 50, §1; HRS §281-3; am L
1972, c 95, §1; am L 1980, c 57, §1 and c 199, §1; am L 1981, c
182, §2; am L 1982, c 76, §1; gen ch 1985; am L 1986, c 344,
§12; am L 1987, c 141, §1; am L 1990, c 171, §2; am L 2009, c
184, §3]
§281-4 Liquor consumption on unlicensed premises prohibited,
when. (a) It shall be unlawful for any person who keeps or
maintains any restaurant or other premises where food,
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beverages, or entertainment are provided or brought in by
patrons or guests, whether for compensation or not, or to which
members of the public or members of an organization resort for
food, refreshment, or entertainment and who is not a licensee of
the commission under this chapter, to promote, encourage, aid,
or permit the consumption of liquor on the premises, except
during the hours between 6:00 a.m. and 12:00 a.m. Any premises
that desires to operate after 12:00 a.m. until 2:00 a.m. shall
obtain a class 17 liquor license under section 281-31(q), and
shall be subject to the requirements of this chapter and the
rules adopted by the liquor commission of the county in which
the premises are located during all hours of operation, except
as otherwise provided by law.
(b) It shall be unlawful for any person who is present at
any restaurant or other premises where food, beverages, or
entertainment are sold, provided, or brought in by patrons or
guests, or to which members of the public, or members of an
organization, resort for food, refreshment, or entertainment,
and which premises are not licensed by the commission under this
chapter, to consume any liquor on the premises, except during
the hours between which licensed premises of dispensers are
permitted to be open for the transaction of business in the
county where the premises are located.
(c) It shall be unlawful for any person who keeps or
maintains any restaurant or other premises where food,
beverages, or entertainment are provided, or brought in by
patrons or guests, whether compensated or not, to sell or
provide or allow the consumption of liquor to or for any of the
following persons knowing that such person has, or is about to
obtain, liquor for consumption by the person on the premises, to
wit:
(1) Any minor;
(2) Any person at the time under the influence of liquor;
(3) Any disorderly person;
(4) Any person known to be addicted to the excessive use of liquor; or
(5) Any person, for consumption in any vehicle on the premises;
provided that the providing of liquor to or for a minor who has
or is about to obtain liquor for consumption by the minor on the
premises or allowing the consumption of liquor by a minor shall
not be deemed to be a violation of this subsection if, at the
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time, the person providing or allowing the consumption of liquor
was misled by the appearance of the minor and the attending
circumstances into honestly believing that such minor was of
legal age and the person acted in good faith, and it shall be
incumbent upon the person to prove that the person so acted in
good faith.
(d) Within the meaning of this section, the word
"premises" includes any vessel as well as any place, with or
without a structure thereon, and the hours between which
licensed premises of dispensers are permitted to be open for the
transaction of business shall be deemed to be those during which
such dispensers are permitted to keep open their premises for
the sale, service, and consumption of liquor, or any of them. [L
1949, c 147, §1; RL 1955, §159-4; HRS §281-4; am L 1972, c 177,
§2; gen ch 1985; am L 2008, c 168, §2; am L 2010, c 198, §1]
[§281-5] Powdered alcohol. (a) No person shall consume,
purchase, possess, sell, offer for sale, or otherwise distribute
powdered alcohol in the State.
(b) Any person who violates this section shall be guilty
of a misdemeanor and upon conviction shall be punished as
provided in section 281-102.
(c) As used in this section, "powdered alcohol" means a
powdered or crystalline substance that contains any amount of
alcohol for either direct use or reconstitution.
(d) This section does not apply to the use of powdered
alcohol for legal commercial uses or bona fide research purposes
by:
(1) A health care provider who uses powdered alcohol for the purpose of conducting
scientific research;
(2) A state institution;
(3) The University of Hawaii, or other accredited educational or research institution; or
(4) A pharmaceutical or biotechnology company. [L 2015, c 186, §1]
PART II. LIQUOR COMMISSIONS
§281-11 County liquor commissions and liquor control
adjudication boards; qualifications; compensation. (a) A
liquor commission or liquor control adjudication board,
consisting of not less than five members, no more than the
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minimum required for a quorum of whom shall belong to the same
political party at the time of appointment, may be created for
each of the counties. The elected executive head of each county
may nominate, and by and with the advice and consent of the
legislative body of the county, shall appoint the members of the
commissions and boards. The elected executive head of each
county, by and with the advice and consent of the legislative
body of the county, may remove from office any of the
members. The commission or board shall designate one of its
members as chairperson. Each member shall be a citizen of the
United States and shall have resided in the county for which
appointed for at least three years immediately preceding the
date of the member's appointment.
(b) Upon the expiration of the term of each commissioner
or board member, the commissioner's or board member's successor
shall be appointed for a term to expire five years from the date
of the expiration of the preceding term.
The tenure in office of every commissioner or board member
shall be for the terms provided and until their successors are
duly appointed and qualified.
Any vacancy shall be filled by appointment for the
remainder of the unexpired term. No person shall be a member of
any commission or board who is or becomes engaged, or is
directly or indirectly interested in any business for the
manufacture or sale of liquor or who advocates or is or becomes
a member of, or is identified or connected with, any
organization or association which advocates prohibition, or who
is an elected officer of the state or county government or who
presents oneself as a candidate for election to any public
office during the term of the person's appointment
hereunder. This provision shall be enforced by the elected
executive head of the county by the removal of the disqualified
member whenever such disqualifications shall appear.
(c) The amount of compensation and reasonable expenses for
travel and other costs necessarily incident to the discharge of
the members' duties shall be established by each county. [L Sp
1933, c 40, §3; RL 1935, §2572; am L 1935, c 105, §3; am L 1937,
c 211, §4; am L Sp 1941, c 79, §§1, 2; RL 1945, §7223; RL 1955,
§159-10; am L 1963, c 172, §2(b); am L 1967, c 127, §1; HRS
§281-11; gen ch 1985; am L 1988, c 383, §2; gen ch 1992; am L
1998, c 249, §2; am L 2006, c 48, §5]
§281-11.5 Liquor commission and board attorney. The liquor
commission or liquor control adjudication board may hire
attorneys to assist it in carrying out its administrative
functions under this chapter. The assistance may include
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providing legal advice and prosecuting and defending legal
claims under this chapter or arising in connection with this
chapter. [L 1988, c 383, §1; am L 1990, c 171, §3; am L 1998, c
249, §3]
§281-12 Commission and board office. The council of each
county shall furnish the liquor commission and the liquor
control adjudication board of the county suitable quarters for
its meetings, the transaction of its business, and the keeping
of its records. The office of the commission and board shall at
all times be open for the transaction of its business during its
prescribed business hours. [L Sp 1933, c 40, §4; RL 1935, §2573;
RL 1945, §7224; RL 1955, §159-11; HRS §281-12; am L 1998, c 249,
§4]
§281-13 Meetings. Meetings of the liquor commission or the
liquor control adjudication board may be held at any time and as
often from time to time as the commission or board deems
necessary for the proper transaction of its business, upon call
of the chairperson or by any other two members of the commission
or board. The administrator shall give notice of the meetings
as the commission or board may prescribe to the several members,
and give any other notice thereof directed by the commission or
board.
A majority of all the members of the commission or board
shall constitute a quorum for the transaction of business, but
the affirmative vote of a majority of all of the members shall
be necessary to determine any matter before it. [L Sp 1933, c
40, §5; RL 1935, §2574; RL 1945, §7225; am L 1951, c 223, §1(3);
RL 1955, §159-12; HRS §281-13; am L 1990, c 171, §4; gen ch
1992; am L 1998, c 249, §5]
§281-14 Records. The liquor commission and liquor control
adjudication board shall ensure that complete records are kept
of all commission and board meetings, proceedings, and acts with
reference to all business pertaining to licenses issued,
suspended, and revoked, moneys received as license fees and
otherwise, and disbursements by the commission or board or under
its authority. Unless otherwise prohibited by law, these
records shall be open for examination by the public. The
records may be destroyed as provided in section 46-43. [L Sp
1933, c 40, §6; RL 1935, §2575; am L Sp 1941, c 89, §1(a); RL
1945, §7226; RL 1955, §159-13; HRS §281-14; am L 1976, c 55, §1;
am L 1990, c 171, §5; am L 1998, c 249, §6]
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§281-15 Reports, accounts, audit. On or before September 30 of
each year the chairperson of the liquor commission shall submit
to the elected executive head of the county a full report upon
the business and operations of the commission during the
preceding year, which year shall be coterminous with the fiscal
year of the county, with such other matters of information and
comment as the elected executive head may deem appropriate. The
elected executive head shall furnish copies thereof to the
legislative body of the county and to the fiscal officer of the
county.
The accounts of the commissions for the several counties
shall be regularly examined by the fiscal officer who shall
report thereon in writing to the legislative body of the several
counties. [L Sp 1933, c 40, §7; RL 1935, §2576; RL 1945, §7227;
RL 1955, §159-14; am L 1963, c 172, §2(c); am L 1967, c 171, §1;
HRS §281-15; gen ch 1993]
§281-16 County liquor commission and liquor control
adjudication board funds; disposition of realization; payment of
expenses. All fees and other moneys collected or received by
each liquor commission or liquor control adjudication board
under this chapter shall be paid not less than weekly into the
general fund of the respective county or a special fund as
provided by ordinance. All expenses of the commission or board,
including any expenses and compensation of its members and
expenses and salaries of its subordinates, shall be paid in the
manner provided by ordinance. [L Sp 1933, c 40, §19; RL 1935,
§2588; am L 1937, c 211, §11; RL 1945, §7240; RL 1955, §159-15;
am L 1959, c 265, §9(d); am L 1963, c 78, §1 and c 172, §2(d);
HRS §281-16; am L 1981, c 108, §1; am L 1998, c 249, §7]
§281-17 Jurisdiction and powers. (a) [Repeal and reenactment
on May 5, 2017. L 2012, c 297, §4.] The liquor commission,
within its own county, shall have the jurisdiction, power,
authority, and discretion, subject only to this chapter:
(1) To grant, refuse, suspend, and revoke any license for the manufacture, importation, and
sale of liquors;
(2) To take appropriate action against a person who, directly or indirectly, manufactures,
sells, or purchases any liquor without being authorized pursuant to this chapter; provided that in
counties that have established by charter a liquor control adjudication board, the board shall have
the jurisdiction, power, authority, and discretion to hear and determine administrative complaints
of the director regarding violations of the liquor laws of the State or of the rules of the liquor
commission, and impose penalties for violations thereof as may be provided by law;
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(3) To control, supervise, and regulate the manufacture, importation, and sale of liquors by
investigation, enforcement, and education; provided that any educational program shall be
limited to the commission staff, commissioners, liquor control adjudication board members, and
licensees and their employees, and shall be financed through the money collected from the
assessment of fines against licensees; provided that fine moneys, not to exceed ten per cent a
year of fines accumulated, may be used to fund public liquor-related educational or enforcement
programs;
(4) From time to time to make, amend, and repeal rules, not inconsistent with this chapter, as
in the judgment of the commission are deemed appropriate for carrying out this chapter and for
the efficient administration thereof, and the proper conduct of the business of all licensees,
including every matter or thing required to be done or which may be done with the approval or
consent, by order, under the direction or supervision of, or as prescribed by the commission;
which rules, when adopted as provided in chapter 91 shall have the force and effect of law;
(5) Subject to chapter 76, to appoint and remove an administrator, who may also be
appointed an investigator and who shall be responsible for the operations and activities of the
staff. The administrator may hire and remove hearing officers, investigators, and clerical or
other assistants as its business may from time to time require, prescribe their duties and fix their
compensation, and engage the services of experts and persons engaged in the practice of a
profession, if deemed expedient. Every investigator, within the scope of the investigator's duties,
shall have the powers of a police officer;
(6) To limit the number of licenses of any class or kind within the county, or the number of
licenses of any class or kind to do business in any given locality, when in the judgment of the
commission such limitations are in the public interest;
(7) To prescribe the nature of the proof to be furnished, the notices to be given, and the
conditions to be met or observed in case of the issuance of a duplicate license in place of one
alleged to have been lost or destroyed, including a requirement of any indemnity deemed
appropriate to the case;
(8) To fix the hours between which licensed premises of any class or classes may regularly
be open for the transaction of business, which shall be uniform throughout the county as to each
class respectively;
(9) To prescribe all forms to be used for the purposes of this chapter not otherwise provided
for in this chapter, and the character and manner of keeping of books, records, and accounts to be
kept by licensees in any matter pertaining to their business;
(10) To investigate violations of this chapter, chapter 244D and, notwithstanding any law to
the contrary, violations of the applicable department of health's allowable noise levels, through
its investigators or otherwise, to include covert operations, and to report violations to the
prosecuting officer for prosecution and, where appropriate, the director of taxation to hear and
determine complaints against any licensee; provided that a liquor commission in a county with a
population of seven hundred thousand or greater may establish a pilot program that employs both
April 2016
13
a dBA and a dBC sound level measurement system for the purpose of community noise control;
provided further that the dBC sound level measurements shall be in accordance with the
following maximum permissible sound levels in dBC:
(A) Zoning districts that include all areas equivalent
to lands zoned residential, conservation,
preservation, public space, open space, or
similar type shall have a maximum dBC sound level
of fifty-five from 7:00 a.m. to 10:00 p.m. and a
maximum dBC level of forty-five from 10:00 p.m.
to 7:00 a.m.;
(B) Zoning districts that include all areas equivalent
to lands zoned for multi-family dwellings,
apartment, business, commercial, hotel, resort,
or similar type shall have a maximum dBC sound
level of sixty from 7:00 a.m. to 10:00 p.m. and a
maximum dBC level of fifty from 10:00 p.m. to
7:00 a.m.; and
(C) Zoning districts that include all areas equivalent
to lands zoned in agriculture, country,
industrial, or similar type shall have a maximum
dBC sound level of seventy from 7:00 a.m. to
10:00 p.m. and a maximum dBC level of seventy
from 10:00 p.m. to 7:00 a.m.;
(11) To prescribe, by rule, the terms, conditions, and circumstances under which persons or
any class of persons may be employed by holders of licenses;
(12) To prescribe, by rule, the term of any license or solicitor's and representative's permit
authorized by this chapter, the annual or prorated amount, the manner of payment of fees for the
licenses and permits, and the amount of filing fees;
(13) To prescribe, by rule, regulations on dancing in licensed premises; and
(14) To prescribe, by rule, the circumstances and penalty for the unauthorized manufacturing
or selling of any liquor.
(b) Subject only to this chapter, the commission or board
and each member thereof shall have the same powers respecting
the administering of oaths, compelling the attendance of
witnesses and the production of documentary evidence, and
examining the witnesses as are possessed by a circuit court,
except that the commission or board and each member thereof
shall not be bound by the strict legal rules of evidence. In
addition, the commission or board shall have the power to
require the production of, and to examine any books, papers, and
records of any licensee which may pertain to the licensee's
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business under the license or which may pertain to a matter at a
hearing before the commission or board or to an investigation by
the commission or board.
The exercise by the commission or board of the power,
authority, and discretion vested in it pursuant to this chapter
shall be final and shall not be reviewable by or appealable to
any court or tribunal, except as otherwise provided in this
chapter or chapter 91. [L Sp 1933, c 40, §8; RL 1935, §2577; am
L 1935, c 105, §§4, 5; am L 1937, c 211, §5; am L Sp 1941, c 41,
§2; RL 1945, §7228; RL 1955, §159-16; am L 1961, c 92, §1; am L
1963, c 172, §2(e); am L 1965, c 31, §1(3) and c 96, §96; HRS
§281-17; am L 1969, c 225, §1(a), (b); am L 1973, c 31, §21; am
L 1985, c 109, §1; am L 1986, c 344, §13; am L 1987, c 223, §1;
am L 1990, c 171, §6; am L 1998, c 249, §8; am L 2000, c 253,
§150; am L 2002, c 111, §3; am L 2003, c 3, §8 and c 69, §4; am
L 2009, c 184, §4; am L 2012, c 297, §2; am L 2015, c 136, §1]
§281-17.5 Fees; justified, method of change,
limitation. (a) Any liquor license fee or any increase in an
existing liquor license fee sought to be implemented by any
commission shall have, as its justification, a direct and
proportionate relationship to costs and expenses of the
commission in its control, supervision, or regulation of the
manufacture, importation, and sale of liquors, or otherwise
directly relate to actual costs and expenses of administration
of the commission as is set forth in this chapter.
(b) Any such liquor license fees or any moneys collected
or received by any liquor commission under this chapter may only
be used for costs and expenses directly relating to operational
and administrative costs actually incurred by the liquor
commission collecting or receiving such liquor license fees or
moneys. Such fees or moneys shall not be used for any costs or
expenses other than those directly relating to its operation and
administration, except as otherwise provided by law.
(c) Any increase in the liquor license fee structure shall
only be initiated by the liquor commission seeking the change
with the approval of the county's legislative body and mayor.
(d) Any liquor commission seeking a change in liquor
license fee structure shall notify all licensees under this
chapter affected by the change of the proposed change and shall
notify each such licensee of the outcome and resolution of the
change.
(e) Any liquor commission which currently receives a
license fee from a licensee in excess of the amount prescribed
by this section shall immediately revise its liquor license fee
structure to conform with the requirements of this section. Any
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funds in excess of twenty per cent of the commission's current
budget shall be returned or credited annually to existing
licensees. [L 1980, c 304, §2; am L 1987, c 252, §2; am L 1996,
c 96, §1; am L 1997, c 5, §1; am L 2008, c 168, §3]
§281-18 REPEALED. L 1979, c 192, §1.
§281-19 Hearings, attendance, examinations. If any person
subpoenaed as a witness to attend before the liquor commission
or liquor control adjudication board, or to produce any books,
papers, or records called for by the process of the commission
or board, fails or refuses to respond thereto, or refuses to
answer questions propounded by any member of the commission or
board or its counsel material to the matter pending before the
commission or board, the circuit court of the circuit within
which the licensed premises involved are situated, upon request
of the commission or board, shall have power to compel obedience
to any process of the commission or board and require the
witness to answer questions put to the witness, and to punish,
as a contempt of the court, any refusal to comply therewith
without good cause shown therefor.
False swearing by any witness before the commission or
board, shall constitute perjury and be punished as such, and
whenever the commission or board is satisfied that a witness has
sworn falsely in any hearing or investigation before the
commission or board, it shall report the same to the prosecuting
officer for prosecution. [L Sp 1933, c 40, §9; RL 1935, §2578;
RL 1945, §7229; RL 1955, §159-18; HRS §281-19; gen ch 1985; am L
1998, c 249, §9]
§281-20 General right of inspection. Any investigator may, at
all times, without notice and without any search warrant or
other legal process, visit and have immediate access to every
part of the premises of every licensee for the purpose of making
any examination or inspection thereof or inquiry into the books
and records therein, to ascertain whether all of the conditions
of the license and all provisions of this chapter and chapter
244D are being complied with by the licensee. [L Sp 1933, c 40,
§10; RL 1935, §2579; RL 1945, §7230; RL 1955, §159-19; HRS §281-
20; am L 1986, c 344, §14; am L 1990, c 171, §7]
§281-21 Service of subpoenas by investigators, police officers,
or other law enforcement officers; witnesses' fees. Any
investigator, police officer, or other law enforcement officer
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may serve any subpoena issued by the liquor commission, liquor
control adjudication board, or administrator.
Every witness attending or testifying at any hearing of the
commission or board in response to a subpoena issued by it or
the administrator shall be paid as provided for in section 621-
7. If a witness is subpoenaed by direction of the commission,
board, or administrator, the witness' fees shall be paid out of
any funds which may be set aside for the expenses of the
commission or board and, if the witness is subpoenaed on behalf
of any interested party, the witness' fees shall be paid by that
party. [L 1941, c 105, §1; RL 1945, §7231; RL 1955, §159-20; am
L 1967, c 104, §1; HRS §281-21; gen ch 1985; am L 1990, c 171,
§8; am L 1998, c 249, §10; am L 2008, c 168, §4]
§281-22 Political activities of commission employees. (a) A
commission employee may support, advocate, or aid in the
election or defeat of any candidate for public office, or run
for public office; provided the employee:
(1) Notifies the commission in writing of the employee's intent to support, advocate, or aid in
the election or defeat of a candidate for public office; and
(2) If a candidate for public office, takes a leave of absence in accordance with section 78-23
for a period beginning prior to the initiation of political activities related to the candidacy and
ending the day following the general election for the office.
(b) Notwithstanding chapter 11 or any other law to the
contrary, no commission employee shall solicit or receive
contributions, or receive or transfer money or anything of value
from a licensee for the purpose of supporting, advocating, or
aiding in the election or defeat of a candidate for public
office. Violation of this subsection shall be:
(1) Punishable by summary dismissal of the employee; and
(2) Subject to fines in accordance with section 11-410. [L 2002, c 111, §1; am L 2009, c 184,
§5; am L 2010, c 211, §6]
PART III. LICENSES AND PERMITS, GENERAL PROVISIONS
§281-31 Licenses, classes. (a) Licenses may be granted by the
liquor commission as provided in this section.
(b) Class 1. Manufacturer license. A license for the
manufacture of liquor shall authorize the licensee to:
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(1) Manufacture the liquor therein specified;
(2) Sell it in original packages to any wholesaler who holds a license to resell it; and
(3) Sell beer, wine, or other specified liquor manufactured or distilled on the licensee's
premises from fruits or other products grown in the State, in any quantity:
(A) At wholesale in original packages to any person
who holds a license to resell it; and
(B) To any person for private use and consumption.
Under this license, no liquor shall be consumed on the
premises, except as authorized by the commission. Of this
class, there shall be the following kinds:
(1) Beer;
(2) Wine;
(3) Alcohol; and
(4) Other specified liquor.
It shall be unlawful for any holder of a manufacturer
license to have any interest whatsoever in the license or
licensed premises of any other licensee. This subsection shall
not prevent the holder of a manufacturer license under this
chapter or under the law of another jurisdiction from
maintaining any interest in the license or licensed premises of
a wholesale dealer licensee under this chapter.
(c) Class 2. Restaurant license.
(1) A license under this class shall authorize the licensee to sell liquor specified in this
subsection for consumption on the premises; provided that a restaurant licensee, with
commission approval, may provide off-premises catering of food and liquor; provided further
that the catering activity shall be directly related to the licensee's operation as a restaurant. A
license under this class shall also authorize the licensee to sell beer, malt beverages, or cider for
off-premises consumption; provided that the licensee has the appropriate kind of license pursuant
to paragraph (3); and provided further that the beer, malt beverage, or cider is sold in a securely
sealed or covered glass, ceramic, or metal container that is sold to or provided by the patron, and
each sealed or covered glass, ceramic, or metal container does not exceed a maximum capacity
of one-half gallon. A licensee under this class shall be issued a license according to the category
of establishment the licensee owns or operates. The categories of establishment shall be as
follows:
(A) A standard bar; or
(B) Premises in which live entertainment or recorded
music is provided. Facilities for dancing by the
April 2016
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patrons may be permitted as provided by
commission rules.
(2) If a licensee under class 2 desires to change the category of establishment the licensee
owns or operates, the licensee shall apply for a new license applicable to the category of the
licensee's establishment.
(3) Of this class, there shall be the following kinds:
(A) General (includes all liquor except alcohol);
(B) Beer and wine; and
(C) Beer.
Notwithstanding section 281-57, the commission may approve at
one public hearing and without notice the change to a class 2
restaurant license of a licensee holding a class 5 dispenser
license who meets the requirements of a class 2 license.
(d) Class 3. Wholesale dealer license. A license for the
sale of liquor at wholesale shall authorize the licensee to
import and sell only to licensees or to others who are by law
authorized to resell the liquor specified by the license but are
not by law required to hold a license; provided that a class 3
licensee may sell samples of liquor back to the
manufacturer. Under a class 3 license, no liquor shall be
consumed on the premises except as authorized by the
commission. Of this class, there shall be the following kinds:
(1) General (includes all liquor except alcohol);
(2) Beer and wine; and
(3) Alcohol.
If any wholesale dealer solicits or takes any orders in any
county other than that where the dealer's place of business is
located, the orders may be filled only by shipment direct from
the county in which the wholesale dealer holds the dealer
license. Nothing in this subsection shall prevent a wholesaler
from selling liquor to post exchanges, ships' service stores,
army or navy officers' clubs, or similar organizations located
on army or navy reservations, or to any vessel other than
vessels performing a regular water transportation service
between any two or more ports in the State, or to aviation
companies who operate an aerial transportation enterprise
subject to chapter 269 and engaged in regular flight passenger
services between any two or more airports in the State for use
on aircraft, or aviation companies engaged in transpacific
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flight operations for use on aircraft outside the jurisdiction
of the State.
(e) Class 4. Retail dealer license. A license to sell
liquor at retail or to class 10 licensees shall authorize the
licensee to sell the liquor therein specified in their original
packages. A license under this class shall also authorize the
licensee to sell beer, malt beverages, or cider in non-original
packages; provided that the beer, malt beverage, or cider is
sold in a securely sealed or covered glass, ceramic, or metal
container that is sold to or provided by the patron, and each
sealed or covered glass, ceramic, or metal container does not
exceed a maximum capacity of one half-gallon. Under a class 4
license, no liquor shall be consumed on the premises except as
authorized by the commission. Of this class, there shall be the
following kinds:
(1) General (includes all liquor except alcohol);
(2) Beer and wine; and
(3) Alcohol.
(f) Class 5. Dispenser license.
(1) A license under this class shall authorize the licensee to sell liquor specified in this
subsection for consumption on the premises. A licensee under this class shall be issued a license
according to the category of establishment the licensee owns or operates. The categories of
establishments shall be as follows:
(A) A standard bar;
(B) Premises in which a person performs or entertains
unclothed or in attire restricted to use by
entertainers pursuant to commission rules;
(C) Premises in which live entertainment or recorded
music is provided; provided that facilities for
dancing by the patrons may be permitted as
provided by commission rules; or
(D) Premises in which employees or entertainers are
compensated to sit with patrons, regardless of
whether the employees or entertainers are
consuming nonalcoholic beverages while in the
company of the patrons pursuant to commission
rules.
(2) If a licensee under class 5 desires to change the category of establishment the licensee
owns or operates, the licensee shall apply for a new license applicable to the category of the
licensee's establishment.
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(3) Of this class, there shall be the following kinds:
(A) General (includes all liquor except alcohol);
(B) Beer and wine; and
(C) Beer.
(g) Class 6. Club license. A club license shall be
general only but shall exclude alcohol and shall authorize the
licensee to sell liquor to members of the club and to guests of
the club enjoying the privileges of membership for consumption
only on the premises kept and operated by the club; provided
that the license shall also authorize any club member to keep in
the member's private locker on the premises a reasonable
quantity of liquor owned by the member for the member's own
personal use and not to be sold that may be consumed only on the
premises. A club licensee shall be authorized to host
charitable functions that are open to the general public only
pursuant to commission rules.
The categories of establishment shall be as follows:
(1) A standard bar; or
(2) Premises in which live entertainment or recorded music is provided. Facilities for
dancing by the patrons may be permitted as provided by commission rules.
(h) Class 8. Transient vessel license. A general license
may be granted to the owner of any vessel for the sale of liquor
other than alcohol on board the vessel while en route within the
jurisdictional limits of the State and within any port of the
State. Sales shall be made only for consumption by passengers
and their guests on board the vessel. The license shall be
issuable in each county where the sales are to be made; provided
that the application for the license may be made by any agent
representing the owner.
(i) Class 9. Tour or cruise vessel license. A general
license may be granted to the owner of any tour or cruise vessel
for the sale of liquor other than alcohol on board the vessel
while in the waters of the State; provided that sales be made
only for consumption by passengers on board while the vessel is
in operation outside the port or dock of any island of the
State, unless otherwise approved by the county where the license
has been issued. The license shall be issuable in the county
where the home port of the vessel is situated. If, on any
vessel for which no license has been obtained under this
chapter, any liquor is sold or served within three miles of the
shore of any island of the State, it shall constitute a
violation of this chapter.
The categories of establishment shall be as follows:
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(1) A standard bar; or
(2) Premises in which live entertainment or recorded music is provided. Facilities for
dancing by the patrons may be permitted as provided by commission rules.
(j) Class 10. Special license. A special license may be
granted for the sale of liquor for a period not to exceed three
days and pursuant to commission rule may be approved by the
administrator for fundraising events by nonprofit organizations,
political candidates, and political parties; provided that any
registered educational or charitable nonprofit organization may
sell liquors in their original packages for off-premises
consumption. Of this class, there shall be the following kinds:
(1) General (includes all liquor except alcohol);
(2) Beer and wine; and
(3) Beer.
Liquor sold under a class 10 license shall be consumed on the
premises.
(k) Class 11. Cabaret license. A cabaret license shall
be general only but shall exclude alcohol and shall authorize
the sale of liquor for consumption on the premises. This
license shall be issued only for premises where food is served,
facilities for dancing by the patrons including a dance floor
are provided, and live or amplified recorded music or
professional entertainment except professional entertainment by
a person who performs or entertains unclothed is provided for
the patrons; provided that professional entertainment by persons
who perform or entertain unclothed shall be authorized by:
(1) A cabaret license for premises where professional entertainment by persons who perform
or entertain unclothed was presented on a regular and consistent basis immediately prior to June
15, 1990; or
(2) A cabaret license that, pursuant to rules adopted by the liquor commission, permits
professional entertainment by persons who perform or entertain unclothed.
A cabaret license under paragraph (1) or (2) authorizing
professional entertainment by persons who perform or entertain
unclothed shall be transferable through June 30, 2000. A
cabaret license under paragraph (1) or (2) authorizing
professional entertainment by persons who perform or entertain
unclothed shall not be transferable after June 30, 2000, except
upon approval by the liquor commission and pursuant to rules
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adopted by the commission. Notwithstanding any rule of the
liquor commission to the contrary, cabarets in resort areas may
be opened for the transaction of business until 4 a.m.
throughout the entire week.
(l) Class 12. Hotel license. A license to sell liquor in
a hotel shall authorize the licensee to provide entertainment
and dancing on the hotel premises and to sell all liquor except
alcohol for consumption on the premises; provided that a hotel
licensee, with commission approval, may provide off-premises
catering of food and liquor if the catering activity is directly
related to the licensee's food service.
Procedures such as room service, self-service no-host
minibars or similar service in guest rooms, and service at
parties in areas that are the property of and contiguous to the
hotel are permitted with commission approval.
Any licensee who would otherwise fall within the hotel
license class but holds a different class of license may be
required to apply for a hotel license.
If the licensee applies for a change of classification
prior to July 30, 1992, the licensee shall not be subject to the
requirements of sections 281-52, 281-54, and 281-57 through
281-59.
Any licensee holding a class 12 license on May 1, 2007 who
would otherwise qualify for a class 15 license may apply to the
liquor commission of the county in which the licensee is seeking
a change in liquor license for a change to a class 15 license;
provided that the licensee shall not be subject to the
requirements of section 281-54 and sections 281-57 to 281-60.
If a licensee holding a class 12 license on May 1, 2007
applies for a change to a class 15 license, the respective
liquor commission shall hold a public hearing upon notice. On
the day of hearing or any adjournment thereof, the liquor
commission shall consider the application, accept all written or
oral testimony for or against the application, and render its
decision granting or refusing the application. If the
application is denied, the class 12 license shall continue in
effect in accordance with law.
(m) Class 13. Caterer license. A general license may be
granted to any applicant who serves food as part of their
operation for the sale of liquor other than alcohol while
performing food catering functions off the premises.
No catering service for the sale of liquor shall be
performed off the licensee's premises unless prior written
notice of the service has been delivered to the office of the
liquor commission of the county concerned. The notice shall
state the date, time, and location of the proposed event and
shall include a written statement signed by the owner or
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representative of the property that the function will be subject
to the liquor laws and to inspection by investigators.
(n) Class 14. Brewpub license. A brewpub licensee:
(1) May sell malt beverages manufactured on the licensee's premises for consumption on the
premises;
(2) May sell malt beverages manufactured by the licensee in brewery-sealed packages to
class 3 wholesale dealer licensees pursuant to conditions imposed by the county by ordinance or
rule;
(3) May sell intoxicating liquor purchased from a class 3 wholesale dealer licensee to
consumers for consumption on the licensee's premises. The categories of establishments shall be
as follows:
(A) A standard bar; or
(B) Premises in which live entertainment or recorded
music is provided. Facilities for dancing by the
patrons may be permitted as provided by
commission rules;
(4) May, subject to federal labeling and bottling requirements, sell malt beverages
manufactured on the licensee's premises to consumers in brewery-sealed kegs and sell malt
beverages manufactured on the licensee's premises or purchased from a class 1 manufacturer
licensee, a class 3 wholesale dealer licensee, a class 14 brewpub licensee, or a class 18 small
craft producer pub licensee to consumers in growlers for off-premises consumption; provided
that for purposes of this paragraph, "growler" means a glass, ceramic, or metal container, not to
exceed one half-gallon, which shall be securely sealed;
(5) May, subject to federal labeling and bottling requirements, sell malt beverages
manufactured on the licensee's premises in recyclable containers provided by the licensee or by
the consumer which do not exceed one gallon per container and are securely sealed on the
licensee's premises to consumers for off-premises consumption;
(6) Shall comply with all regulations pertaining to class 4 retail dealer licensees when
engaging in the retail sale of malt beverages;
(7) May, subject to federal labeling and bottling requirements, sell malt beverages
manufactured on the licensee's premises in brewery-sealed containers directly to class 2
restaurant licensees, class 3 wholesale dealer licensees, class 4 retail dealer licensees, class 5
dispenser licensees, class 6 club licensees, class 8 transient vessel licensees, class 9 tour or cruise
vessel licensees, class 10 special licensees, class 11 cabaret licensees, class 12 hotel licensees,
class 13 caterer licensees, class 14 brewpub licensees, class 15 condominium hotel licensees,
class 18 small craft producer pub licensees, and consumers pursuant to conditions imposed by
county regulations governing class 1 manufacturer licensees and class 3 wholesale dealer
licensees; and
April 2016
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(8) May conduct the activities under paragraphs (1) to (7) at one location other than the
licensee's premises; provided that:
(A) The manufacturing takes place in Hawaii; and
(B) The other location is properly licensed under the
same ownership.
(o) Class 15. Condominium hotel license. A license to
sell liquor in a condominium hotel shall authorize the licensee
to provide entertainment and dancing on the condominium hotel
premises and to sell all liquor except alcohol for consumption
on the premises; provided that a condominium hotel licensee,
with commission approval, may provide off-premises catering;
provided further that the catering activity is directly related
to the licensee's operation as a condominium hotel.
Procedures such as room service, self-service no-host
minibars or similar service in apartments, and service at
private parties in areas that are the property of and contiguous
to the condominium hotel are permitted with commission approval.
A condominium hotel licensee shall not sell liquor in the
manner authorized by a class 4 retail dealer license.
Any licensee who would otherwise meet the criteria for the
condominium hotel license class but holds a different class of
license may be required to apply for a condominium hotel
license.
(p) Class 16. Winery license. A winery licensee:
(1) Shall manufacture not more than twenty thousand barrels of wine on the licensee's
premises during the license year;
(2) May sell wine manufactured on the licensee's premises for consumption on the premises;
(3) May sell wine manufactured by the licensee in winery-sealed packages to class 3
wholesale dealer licensees pursuant to conditions imposed by the county by ordinance or rule;
(4) May, subject to federal labeling and bottling requirements, sell wine manufactured on the
licensee's premises in winery-sealed kegs and magnums to consumers for off-premises
consumption; provided that for purposes of this paragraph, "magnum" means a glass container
not to exceed one half-gallon, which may be securely sealed;
(5) May, subject to federal labeling and bottling requirements, sell wine manufactured on the
licensee's premises in recyclable containers provided by the licensee or by the consumer which
do not exceed one gallon per container and are securely sealed on the licensee's premises to
consumers for off-premises consumption;
(6) Shall comply with all rules pertaining to class 4 retail dealer licensees when engaging in
the retail sale of wine; and
April 2016
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(7) May sell wine manufactured on the licensee's premises in winery-sealed containers
directly to class 2 restaurant licensees, class 3 wholesale dealer licensees, class 4 retail dealer
licensees, class 5 dispenser licensees, class 6 club licensees, class 8 transient vessel licensees,
class 9 tour or cruise vessel licensees, class 10 special licensees, class 11 cabaret licensees, class
12 hotel licensees, class 13 caterer licensees, class 14 brewpub licensees, class 15 condominium
hotel licensees, and class 18 small craft producer pub licensees pursuant to conditions imposed
by county planning and public works departments and rules governing class 3 wholesale dealer
licensees.
(q) Class 17. Bring-your-own-beverage license. In
counties having a population in excess of 500,000, there is
established a class 17 license; provided that in a county having
a population of 500,000 or less, the respective commission may
establish a class 17 license to which this subsection shall
apply.
(1) A general license of this class shall authorize the licensee to permit patrons to bring their
own liquors for consumption on the premises between the hours of 6:00 a.m. to 2:00 a.m. the
following day. A licensee under this class shall be issued a license according to the category of
establishment the licensee owns or operates. The categories of establishments shall be as
follows:
(A) Premises in which recorded music and live
entertainment, including karaoke, are provided;
or
(B) Premises in which recorded music and live
entertainment, including karaoke and dancing, are
provided.
(2) If a licensee under this class desires to change the category of establishment the licensee
owns or operates, the licensee shall apply for a new license applicable to the category of the
licensee's establishment.
(3) A licensee under this class shall not be subject to liquor commission rules relating to
percentage fees.
(r) Class 18. Small craft producer pub license. A small
craft producer pub licensee:
(1) Shall manufacture not more than:
(A) Sixty thousand barrels of malt beverages;
(B) Twenty thousand barrels of wine; or
(C) Seven thousand five hundred barrels of alcohol on
the licensee's premises during the license year;
April 2016
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provided that for purposes of this paragraph, "barrel" means a container not exceeding
thirty-one gallons or wine gallons of liquor;
(2) May sell malt beverages, wine, or alcohol manufactured on the licensee's premises for
consumption on the premises;
(3) May sell malt beverages, wine, or alcohol manufactured by the licensee in producer-
sealed packages to class 3 wholesale dealer licensees pursuant to conditions imposed by the
county by ordinance or rule;
(4) May sell intoxicating liquor purchased from a class 3 wholesale dealer licensee to
consumers for consumption on the licensee's premises. The categories of establishments shall be
as follows:
(A) A standard bar; or
(B) Premises in which live entertainment or recorded
music is provided. Facilities for dancing by the
patrons may be permitted as provided by
commission rules;
(5) May, subject to federal labeling and bottling requirements, sell malt beverages
manufactured on the licensee's premises to consumers in producer-sealed kegs and sell malt
beverages manufactured on the licensee's premises or purchased from a class 1 manufacturer
licensee, a class 3 wholesale dealer licensee, a class 14 brewpub licensee, or a class 18 small
craft producer pub licensee to consumers in growlers for off-premises consumption; provided
that for purposes of this paragraph, "growler" means a glass, ceramic, or metal container, not to
exceed one half-gallon, which shall be securely sealed;
(6) May, subject to federal labeling and bottling requirements, sell malt beverages, wine, or
alcohol manufactured on the licensee's premises in recyclable containers provided by the licensee
or by the consumer which do not exceed:
(A) One gallon per container for malt beverages and
wine; and
(B) One liter for alcohol; and
are securely sealed on the licensee's premises to consumers for off-premises consumption;
(7) Shall comply with all regulations pertaining to class 4 retail dealer licensees when
engaging in the retail sale of malt beverages, wine, and alcohol;
(8) May, subject to federal labeling and bottling requirements, sell malt beverages, wine, and
alcohol manufactured on the licensee's premises in producer-sealed containers directly to class 2
restaurant licensees, class 3 wholesale dealer licensees, class 4 retail dealer licensees, class 5
dispenser licensees, class 6 club licensees, class 8 transient vessel licensees, class 9 tour or cruise
vessel licensees, class 10 special licensees, class 11 cabaret licensees, class 12 hotel licensees,
April 2016
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class 13 caterer licensees, class 14 brewpub licensees, class 15 condominium hotel licensees,
class 18 small craft producer pub licensees, and consumers pursuant to conditions imposed by
county regulations governing class 1 manufacturer licensees and class 3 wholesale dealer
licensees; and
(9) May conduct the activities under paragraphs (1) to (8) at one location other than the
licensee's premises; provided that:
(A) The manufacturing takes place in Hawaii; and
(B) The other location is properly licensed under the
same ownership.
(s) Restaurants, retail dealers, dispensers, clubs,
cabarets, hotels, caterers, brewpubs, condominium hotels, bring-
your-own-beverage establishments, and small craft producer pubs
licensed under class 2, class 4, class 5, class 6, class 11,
class 12, class 13, class 14, class 15, class 17, and class 18
shall maintain at all times liquor liability insurance coverage
in an amount not less than $1,000,000; provided that convenience
minimarts holding a class 4 license shall not be required to
maintain liquor liability insurance coverage in that
amount. Proof of coverage shall be kept on the premises and
shall be made available for inspection by the commission at any
time during the licensee's regular business hours. In the event
of a licensee's failure to obtain or maintain the required
coverage, the commission shall refuse to issue or renew a
license or shall suspend or terminate the license as
appropriate. No license shall be granted, reinstated, or
renewed until after the required insurance coverage is obtained.
(t) It shall be unlawful for any retail licensee except a
class 10 licensee to purchase or acquire liquor from any person
other than a wholesaler licensed pursuant to this chapter,
except as otherwise provided in this section.
(u) Any provision to the contrary notwithstanding, a
patron may remove from any class of licensed premises any
portion of wine, liquor, or beer that was purchased on or
brought onto the premises of the licensee engaged in meal
service for consumption with a meal; provided that it is
recorked or resealed in its original container.
(v) Sections 281-57 to 281-60 shall not apply to classes
8, 9, 10, and 13. [L Sp 1933, c 40, §11; RL 1935, §2580; am L
1935, c 105, §§6 to 8; am L 1937, c 211, §6; am L 1939, c 71,
§§1, 2 and c 205, pt of §1; RL 1945, §7232; am L 1947, c 148,
§1; am L 1955, c 263, §2; RL 1955, §159-30; am L 1961, c 89, §1
and c 90, §1; am L 1965, c 181, §1; am L 1967, c 172, §1; HRS
§281-31; am L 1969, c 133, §1 and c 198, §1; am L 1970, c 5, §2;
am L 1976, c 87, §2; am L 1978, c 25, §1; am L 1980, c 199, §2;
am L 1981, c 60, §1; am L 1982, c 183, §1; am L 1983, c 292, §1;
April 2016
28
am L 1984, c 269, §1; gen ch 1985; am L 1988, c 383, §3; am L
1990, c 171, §9; am L 1991, c 196, §1; am L 1994, c 174, §2; am
L 1995, c 38, §2; am L 1996, c 55, §1; am L 1997, c 57, §2; am L
1998, c 75, §2; am L 1999, c 69, §1; am L 2001, c 55, §11; am L
2002, c 16, §12 and c 49, §2; am L 2004, c 200, §1; am L 2005, c
145, §1; am L 2007, c 53, §§3, 7; am L 2008, c 163, §1 and c
168, §5; am L 2009, c 177, §1 and c 184, §6; am L 2010, c 198,
§2; am L 2011, c 138, §1; am L 2012, c 302, §1; am L 2014, c
211, §3; am L 2015, c 227, §1]
§281-32 Licenses, temporary. A temporary license of any class
and kind specified in section 281-31 may be granted under the
following conditions:
(1) The premises shall have been operated under a license of the same class, kind, and
category issued by the liquor commission at least one year immediately prior to the date of filing
of the application for a temporary license, except as otherwise approved by the commission;
(2) The license of the same class, kind, and category then in effect for the premises shall be
surrendered in such manner and at such time as the commission shall direct;
(3) The applicant for a temporary license shall have filed with the commission an application
for a license of the same class, kind, and category currently or previously in effect for the
premises;
(4) The application for a temporary license shall be accompanied by a license fee in such
amount as may be prescribed by the commission. If the application is denied or withdrawn, the
fee which accompanied the application shall become a realization of the county;
(5) A temporary license shall be for a period of not in excess of one hundred and twenty
days. The license may be renewed at the discretion of the commission for not more than one
additional one hundred twenty-day period upon payment of such additional fee as may be
prescribed by the commission and upon compliance with all conditions required in this section
and section 281-31. When a temporary license has expired and no permanent license has been
issued, the sale and service of liquor shall cease until the permanent license is issued; provided
that, when applicable, the license shall be properly renewed;
(6) A temporary license shall authorize the licensee to purchase liquor only by payment in
currency, check, or certified check for the liquor before or at the time of delivery of the liquor to
the licensee, except as otherwise provided by commission rule; and
(7) Sections 281-52 and 281-54 and sections 281-56 to 281-61 shall not apply to any
application for a temporary license. [L 1967, c 105, §1; HRS §281-32; am L 1972, c 177, §3; gen
ch 1985; am L 1988, c 383, §4; am L 2008, c 168, §6]
§281-32.3 REPEALED. L 2008, c 168, §18.
April 2016
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§281-32.5 Permits for trade shows or other
exhibitions. Notwithstanding any other provision to the
contrary, any trade exhibitor, trade organization or other
exhibitor shall apply to the liquor commission or agency
administrator for the issuance of a permit, without hearings,
fees, notarizing of documents, submission of floor plans, and
other requirements, to receive liquor from within or outside the
State for display and sampling on a not-for-sale basis at trade
exhibitions, shows or other exhibitions, subject to such terms
and conditions as may be set by the commission. [L 1979, c 37,
§1; am L 1990, c 171, §11; am L 1991, c 236, §3]
§281-33 Special powers, privileges, and rights. The following
special powers, privileges, and rights are hereby granted,
anything in this chapter to the contrary notwithstanding:
(1) Any person arriving in the State may bring with the person for private use and
consumption and not for resale, any liquor not exceeding one gallon, and two cases of beer not
exceeding six gallons without securing a license;
(2) Any religious organization may import or receive into the State sacramental wine for use
in the religious rites of the religious organization without securing a license;
(3) Any consul general, consul, or vice-consul of any foreign country may import or receive
into the State, for private use and consumption, any liquor without securing a license. [L 1939, c
205, pt of §1; RL 1945, §7234; RL 1955, §159-32; HRS §281-33; am L 1978, c 27, §1; gen ch
1985]
§281-33.1 Individual permits to receive shipments of
liquor. (a) Notwithstanding any other provisions of law, any
unlicensed adult person may apply to the liquor commission and
be issued, for a nominal fee, except as hereinafter provided, a
permit to receive a single shipment of liquor from outside the
State, not to exceed five gallons, (19 liters), for use and
consumption by the applicant and the applicant's household and
not for sale in any form.
(b) In the case of a shipment that the applicant shows is
an unsolicited gift, the quantities permitted to be received
under subsection (a) shall be limited to 3.2 gallons (12 liters)
in total of all kinds of liquor.
(c) In the case of a shipment in respect of which the
applicant shows to the liquor commission that the liquor was
prior to the date of the application the personal property of
the applicant, formed a part of the applicant's household goods,
was used and stored outside the State, and was originally
April 2016
30
acquired (or made by the applicant) outside the State, the
quantity of wine, or other liquor capable of aging and
originating from grapes or other fruit, which shall be permitted
to be received under subsection (a) may exceed the limit there
stated if the commission finds that it is reasonable to do so
consistent with the intent of this statute to allow persons
taking up residency in the State the free movement of their
household goods into this State.
(d) In the case of a shipment of wine or beer that is
otherwise available in the State, the permit shall not be issued
unless the applicant pays a fee equal to the tax that would be
imposed by section 244D-4 upon the use of liquor having a
wholesale price equal to the price paid or to be paid by the
applicant for the wine or beer being shipped, and such fee shall
be in lieu of the imposition by section 244D-4 of any tax upon
the use of the wine or beer.
(e) Except in the case of applications meeting the
requirements of subsection (b), (c), or (d), the permit shall
not be issued unless the applicant demonstrates to the
satisfaction of the liquor commission that each of the brands to
be brought in under the permit is otherwise unavailable in the
State.
(f) No more than one permit may be issued pursuant to
subsection (a) in respect of any one household in any calendar
year, and each applicant shall be required to affirm, under
penalty of perjury, that no member of the applicant's household
has previously received such a permit in the applicable calendar
year.
(g) All such applications and shipments shall be in
accordance with regulations promulgated by the liquor
commission.
(h) A common carrier to whom the permit is presented is
authorized to make delivery of the described shipment to the
person named in the permit. Delivery of such a shipment
pursuant to the permit shall not be deemed to constitute a sale
in this State.
(i) An unlicensed adult shall not be required to obtain a
permit under this section to receive shipments of liquor
pursuant to section 281-33.6. [L 1976, c 190, §2; am L 1984, c
269, §2; am L 1985, c 16, §10; gen ch 1985; am L 2003, c 153,
§1; am L 2006, c 227, §2]
§281-33.5 REPEALED. L 2006, c 227, §3.
§281-33.6 Direct shipment of wine by wineries. (a) Any person
holding:
April 2016
31
(1) A general excise tax license from the department of taxation; and
(2) Either:
(A) A class 1, class 16, or class 18 license to
manufacture wine under section 281-31; or
(B) A license to manufacture wine issued by another
state,
may pay any applicable fees and obtain a direct wine shipper
permit from the liquor commission of the county to which the
wine will be shipped authorizing the holder to directly ship
wine to persons in the county pursuant to this section.
(b) The holder of a direct wine shipper permit may sell
and annually ship to any person twenty-one years of age or older
in the county that issued the permit, no more than six nine-
liter cases of wine per household for personal use only and not
for resale, and shall:
(1) Ship wine directly to the person only in containers that are conspicuously labeled with the
words:
"CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER
REQUIRED FOR DELIVERY.";
(2) Require that the carrier of the shipment obtain the signature of any person twenty-one
years of age or older before delivering the shipment;
(3) Report no later than January 31 of each year to the liquor commission in each county
where a direct wine shipper permit is held, the total amount of wine shipped to persons in the
county during the preceding calendar year;
(4) Pay all applicable general excise and gallonage taxes. For gallonage tax purposes, all
wine sold under a direct wine shipper permit shall be deemed to be wine sold in the State; and
(5) Be subject to audit by the liquor commission of each county in which a permit is held.
(c) The holder of a license to manufacture wine issued by
another state may annually renew a direct wine shipper permit by
providing the liquor commission that issued the permit with a
copy of the license and paying all required fees. The holder of
a class 1, class 16, or class 18 license to manufacture wine
under section 281-31 may renew a direct wine shipper permit
concurrently with the class 1 license by complying with all
applicable laws and paying all required fees.
(d) The sale and shipment of wine directly to a person in
this State by a person that does not possess a valid direct wine
April 2016
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shipper permit is prohibited. Knowingly violating this law is a
misdemeanor.
(e) The liquor [commission] in each county may adopt rules
and regulations necessary to carry out the intent and purpose of
this section. [L 2006, c 227, §1; am L 2008, c 163, §2; am L
2014, c 211, §4]
§281-34 Sham operation under club license;
supervision. Whenever the liquor commission is of the opinion
that any holder of a club license is not conducting the business
under such license in good faith, or that the premises thereof
are not continuously kept suitably arranged, furnished,
equipped, and actually and reputably operated as a club, or that
the apparent or claimed manner of operation of the club as such
is only nominal or pretended or amounts to a sham or subterfuge
under which liquor is being sold as the principal object of the
club, the license may be summarily suspended pending a hearing
why it should not be revoked. [L Sp 1933, c 40, §14; RL 1935,
§2583; am L 1937, c 211, §9; RL 1945, §7235; RL 1955, §159-33;
HRS §281-34]
§281-35 Special conditions; club licenses. No liquor shall be
sold under a club license to any person not a member of the club
nor a guest thereof enjoying the privileges of membership, but a
member or a guest enjoying the privileges of membership may
purchase liquor for consumption on the premises by the person's
own guests.
The liquor commission may by rule require the keeping and
posting of lists of the members of a club, and the keeping and
production of records as to membership and the registration of
guests enjoying the privileges of membership.
No liquor shall be sold or kept for sale at any club except
by the club itself pursuant to its license. If any liquor is
sold or kept on the club premises for sale or barter by any
member, employee, or person other than the club itself, the club
shall be deemed to be selling without a license. [L Sp 1933, c
40, §16; RL 1935, §2585; RL 1945, §7237; RL 1955, §159-34; HRS
§281-35; am L 1990, c 171, §12; am L 2006, c 44, §1; am L 2008,
c 168, §7]
[§281-35.5] Special conditions; condominium hotel licenses. A
condominium hotel operator shall submit to the commission a copy
of the information on the initial application for registration
of the condominium hotel operator approved by the real estate
commission pursuant to section 467-30, if the condominium hotel
April 2016
33
operator is required to be registered with the real estate
commission. The condominium hotel operator shall maintain for
inspection at the condominium hotel by any authorized employee
of the commission a list of the units being utilized for
transient lodgings from time to time as part of the condominium
hotel. [L 2007, c 53, §1]
§281-36 REPEALED. L 1997, c 34, §1.
§281-37 Sales of alcohol. No alcohol shall be sold, bartered,
or otherwise furnished by any person whether holding a license
to manufacture or sell the same under this chapter or not,
except to a person holding a license to resell the same, or to a
person holding a purchase permit from the liquor commission to
purchase the same.
Permits to purchase alcohol may be issued by the
commission, without fee or charge therefor, to any person
holding a license under the laws of the State to sell poisonous
drugs, or to any person who in the opinion of the commission
requires the use thereof for pharmaceutical or other purposes in
the bona fide treatment of patients of such person, or for
rubbing, cleansing, or as a preservative, or for any bona fide
scientific purpose, but in no case for use for beverage
purposes.
On every sale of alcohol the seller, after first being
satisfied that the person presenting a permit is the person
therein named, shall make a record on the permit and sign the
same showing the name of the purchaser, the date, the quantity
sold, and the purpose declared as to the intended use
thereof. The seller shall also keep a separate record of the
same matters. If in any permit there is a prescribed limit as
to the quantity purchasable thereunder at any one time or in the
aggregate in any given period of time, the permit shall not be
honored beyond its terms.
The commission, by rules and regulations, where deemed
appropriate, may provide for the sale of alcohol upon
prescriptions of duly licensed physicians in lieu of the permits
above mentioned. [L Sp 1933, c 40, §17; RL 1935, §2586; RL 1945,
§7238; RL 1955, §159-36; HRS §281-37; gen ch 1985; am L 1986, c
339, §29]
§281-38 Conditions of licenses. Every license issued under
this chapter shall contain the condition that it is subject to
this chapter and any other laws applicable to the business of
the licensee, whether in existence at the time of issue of such
license or enacted or amended from time to time thereafter, and
April 2016
34
to all applicable rules and regulations of the liquor commission
as the same may exist or be adopted or changed from time to
time. [L Sp 1933, c 40, §20; RL 1935, §2589; RL 1945, §7241; RL
1955, §159-38; HRS §281-38]
§281-39 Place of business; exception; solicitors' and
representatives' permits. (a) A license issued under this
chapter shall authorize the doing of the business licensed only
at the place described in the license, which shall be known as
the licensed premises, except:
(1) In case of a removal with the prior written consent of the liquor commission indorsed on
the license, or outside warehousing which may be located off the licensed premises with prior
written consent of the liquor commission; and
(2) That the units that are used to provide transient lodging under a class 15 license may
change from time to time; provided that the condominium hotel operator shall submit quarterly
to the commission the list of units being utilized as part of the condominium hotel and maintains
a current list pursuant to section 281-35.5 at a condominium hotel for inspection by any
authorized employee of the commission.
(b) Except for a condominium hotel operator under a class
15 license, no change of premises under any issued license shall
be allowed unless the doing of business on the new premises is
authorized in the same manner as provided by this chapter for
approval of any original premises; provided that the holder of
any manufacturer's license or a wholesale dealer's license
issued by the commission of any county may, through authorized
solicitors or representatives, solicit and take orders for
direct shipment of liquor in permitted quantities in any other
county.
(c) Any person desiring to act as the authorized solicitor
or representative of a manufacturer or wholesale dealer in any
county shall make application to the commission of such county
in which the person proposes to act for a permit to act as such.
(d) The application shall state the name of the applicant,
the applicant's age, residence, and place of business, the name
and address of the manufacturer or wholesale dealer the
applicant represents and shall be accompanied by a statement
from the manufacturer or wholesale dealer to the effect that the
applicant has been appointed as its solicitor or
representative. All sales and all orders taken for liquor by
any such solicitor or representative shall be subject to the
rules and regulations of the commission for the county within
which the sales are made or orders taken. No solicitor or
representative shall be permitted to have, own, or control any
April 2016
35
liquor for sale. [L Sp 1933, c 40, §21; RL 1935, §2590; am L
1939, c 205, pt of §1; RL 1945, §7242; RL 1955, §159-39; am L
1957, c 321, §1(c); am L 1965, c 31, §1(5); HRS §281-39; am L
1969, c 225, §1(c); am L 1972, c 177, §4; am L 1979, c 4, §1;
gen ch 1985; am L 2007, c 53, §4; am L 2008, c 168, §8]
§281-39.5 Liquor license prohibited; where. (a) The liquor
commission or agency of each county may deny or restrict the
issuance of a liquor license for on-site sale and consumption by
the drink to any applicant whose establishment is or would be
located within five hundred feet of a public or private
elementary, intermediate, or high school, or public playground
utilized extensively by minors, as determined by the liquor
commission of each county; provided that the liquor commission
or agency of each county shall deny the issuance of a liquor
license if forty per cent of the:
(1) Registered voters for the area within five hundred feet of the nearest point of the premises
for which the license is asked; or
(2) Owners and lessees of record of real estate and owners of record of shares in a
cooperative apartment within five hundred feet of the nearest point of the premises for which the
license is asked;
have duly filed or caused to be filed their protests against
granting the license. The distance of five hundred feet shall
be measured from the boundary of the school or public playground
to the boundary of the applicant's premises. Public or private
beaches, and public or private day care centers located in or
adjacent to commercial areas shall not be deemed schools or
public playgrounds for purposes of this section. The provisions
of this section shall not apply to establishments located within
areas designated by the appropriate counties for resort
purposes, or to hotel or condominium hotel liquor license
applicants.
(b) This section shall apply only to the issuance of new
liquor licenses for on-site sale and consumption by the drink
and not to any renewal of such licenses. [L 1991, c 236, §2; am
L 2001, c 257, §3; am L 2007, c 53, §5]
§281-40 Unlicensed liquor. No licensee shall have or keep any
liquor whatever, for sale or consumption, on or in connection
with the licensee's licensed premises except as authorized by
the licensee's license. Any unauthorized liquor found thereon
shall be subject to summary seizure, confiscation, and
forfeiture, and may be disposed of as hereinafter provided. [L
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Sp 1933, c 40, §22; RL 1935, §2591; RL 1945, §7243; RL 1955,
§159-40; HRS §281-40; gen ch 1985]
§281-41 Transfer of licenses; notice of change in officers,
directors, and stockholders of corporate licenses, partners of a
partnership license, and members of a limited liability company
license; penalty. (a) No license issued under this chapter to
an original applicant or to any transferee shall be transferable
or be transferred within one year of the issuance or transfer,
except for good cause shown to the satisfaction of the liquor
commission. A transfer of license shall be for the same class,
kind, and category of license. No license issued under this
chapter shall be transferable or be transferred except upon
written application to the commission by the proposed
transferee, and after prior inspection of the premises,
reference to, and report by an inspector, and a public hearing
held by the commission not less than fourteen days after one
publication of notice thereof, but without sending notice of the
hearing by mail to persons being the owners or lessees of real
estate situated within the vicinity of the premises and without
the right to the owners or lessees to protest the transfer of a
license. Exceptions are class 5 and 11 licensees who must
comply with the requirements as set forth in sections 281-57 to
281-60.
(b) A county may increase the requirements for transfers
of class 5, category (1)(B) and (D), and class 11 licenses by
ordinance designating one or more areas within the county as
special liquor districts and specifying the requirements
applicable to transfers of any of these licenses within each
district.
(c) For the purpose of this section, "special liquor
district" means an area designated by a county for restoration,
reservation, historic preservation, redevelopment, rejuvenation,
or residential protection, in which development is guided to
protect or enhance the physical and visual aspects of the area
for the benefit of the community as a whole.
(d) Where a license is held by a partnership, the
commission may, notwithstanding this section, approve the
transfer of the partnership interest upon the death or
withdrawal of a member of the partnership to any remaining
partner or partners without publication of notice at a public
hearing.
(e) Where a license is held by a partnership, limited
partnership, limited liability partnership, or a limited
liability company, the admission or withdrawal of a limited
partner, partner of a limited liability partnership, or a member
of the limited liability company shall not be deemed a transfer
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37
of the license held by the partnership or limited liability
company, but the licensee shall, prior to such admission or
withdrawal, so notify the commission in writing, stating the
name of the partner, partners, member, or members who have
withdrawn, if such be the case, and the name, age, and place of
residence of the partner, partners, member, or members who have
been admitted, if that be the case. If the commission finds a
partner or a member to be an unfit or improper person to hold a
license in the partner's or member's own right pursuant to
section 281-45, it may revoke the license or suspend the license
of the partnership or the limited liability company until the
unfit or improper partner or member is removed or replaced.
(f) Except as otherwise provided in this section, the same
procedure shall be followed in regard to the transfer of a
license as is prescribed by this chapter for obtaining a
license. Sections 281-51 to 281-60, except where inconsistent
with any provision hereof, are hereby made applicable to such
transfers. The word "applicant", as used in such sections,
shall include each such proposed transferee, and the words,
"application for a license or for the renewal of a license", as
used in such sections, shall include an application for the
transfer of a license.
(g) Upon the hearing, the commission shall consider the
application and any objections to the granting thereof and hear
the parties in interest. It shall inquire into the propriety of
each transfer and determine whether the proposed transferee is a
fit person to hold the license. It may approve a transfer or
refuse to approve a transfer and the refusal by the commission
to approve a transfer shall be final and conclusive, unless an
appeal is taken as provided in chapter 91.
(h) If any licensee without such approval transfers to any
other person the licensee's business for which the licensee's
license was issued, either openly or under any undisclosed
arrangement, whereby any person, other than the licensee, comes
into possession or control of the business or takes in any
partner or associate, the commission may in its discretion
suspend or cancel the license.
(i) If the licensee is a corporation, a change in
ownership of any outstanding capital stock shall not be deemed a
transfer of a license; provided that in the case of a change in
ownership of twenty-five per cent or more of the stock or in the
case of change in ownership of any number of shares of the stock
that results in the transferee thereof becoming the owner of
twenty-five per cent or more of the outstanding voting capital
stock, the corporate licensee shall, prior to the date of the
transfer, apply for and secure the approval of the transfer from
the commission in writing. If the commission finds that the
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proposed transferee is an unfit or improper person to hold a
license in the proposed transferee's own right pursuant to
section 281-45, it shall not approve the proposed transfer. If
any transfer is made without the prior approval of the
commission, the commission may in its discretion revoke or
suspend the license until it determines that the transferee is a
fit and proper person, and if the commission finds that the
transferee is not a fit and proper person, until a retransfer or
new transfer of the capital stock is made to a fit and proper
person pursuant to section 281-45. In addition, the corporate
licensee shall, within thirty days from the date of election of
any officer or director, notify the commission in writing of the
name, age, and place of residence of the officer or director;
provided that if the licensee is a publicly-traded company, or
an entity ultimately solely owned by a publicly-traded company,
the licensee shall, within thirty days from the date of election
of any replacement of an officer designated as a primary
decisionmaker regarding the purchase and sale of liquor, notify
the commission in writing of the name, age, and place of
residence of the officers. If the commission finds the
transferee, officer, or director an unfit or improper person to
hold a license in the transferee's, officer's, or director's own
right pursuant to section 281-45, it may in its discretion
revoke the license or suspend the license until a retransfer or
new transfer of the capital stock is effected to a fit or proper
person pursuant to section 281-45 or until the unfit or improper
transferee, officer, or director is removed or replaced by a fit
and proper person pursuant to section 281-45.
(j) If a licensee closes out the business for which the
license is held, during the term for which the license was
issued, the licensee shall, within five days from the date of
closing the same, give the commission written notice thereof and
surrender the licensee's license for cancellation.
(k) The conversion of an entity into any other form of
entity or the merger of any entity with any other entity shall
not be deemed a transfer of the license; provided that the
licensee, prior to the date of the conversion or merger, shall
apply for and secure the approval of the commission without any
requirement for publication of notice. The foregoing shall not
preclude compliance with subsection (d) upon a change in any of
the partners or members, or with subsection (i) upon change of
any shareholders, officers, or directors of any entity occurring
concurrently with a conversion or merger.
As used in this subsection, "entity" means a corporation,
partnership, limited partnership, limited liability partnership,
or limited liability company. [L Sp 1933, c 40, §23; RL 1945,
§7244; am L 1949, c 301, §1(c); am L 1951, c 223, §1(4); RL
April 2016
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1955, §159-41; am L 1957, c 321, §1(d); am L 1965, c 96, §97; am
L 1967, c 119, §1; HRS §281-41; am L 1969, c 207, §1; am L 1971,
c 76, §1; am L 1972, c 96, §1; am L 1980, c 256, §2; gen ch
1985; am L 1995, c 142, §1; am L 1998, c 90, §3; am L 2001, c
257, §4; am L 2002, c 120, §2; am L 2006, c 44, §2; am L 2009, c
184, §7; am L 2016, c 12, §1]
§281-42 Manufacturers and wholesale dealers, special
restrictions. (a) It shall be unlawful for any person holding
a manufacturer's license or a wholesale dealer's license to
induce the purchases of a retail licensee by:
(1) Acquiring or holding any interest in any license of a retail licensee;
(2) Acquiring any interest in the real or personal property owned, occupied, or used by a
retail licensee in the conduct of its business, unless the holding of such interest is permitted
under the regulations of the liquor commission or statement thereof has been filed with the
commission and has not been disapproved by it;
(3) Furnishing, giving, renting, lending, or selling to a retail licensee any equipment, fixtures,
signs, supplies, money, services or other thing of value, subject to the exceptions contained in
Subpart D of the "tied house" regulations of the Bureau of Alcohol, Tobacco and Firearms of the
United States Treasury Department, 27 Code of Federal Regulations Part 6 (1988) as the same
may change from time to time;
(4) Paying or crediting a retail licensee for any advertising, display or distribution service,
whether or not the advertising, display or distribution service received is commensurate with the
amount paid by the retail licensee; provided that this paragraph shall not prohibit representatives
of manufacturers and wholesalers from creating and maintaining displays and point of purchase
sales materials, or from stocking shelves and cold boxes;
(5) Guaranteeing any loan or the repayment of any financial obligation of a retail licensee;
(6) Extending credit to the retail licensee for a period of time in excess of thirty days from the
date of invoice;
(7) Requiring a retail licensee to take and dispose of any quota of liquor; or
(8) Requiring a retail licensee to purchase one product in order to purchase another
product. This includes combination sales if one or more products may be purchased only in
combination with other products and not individually, provided that a manufacturer or wholesale
dealer is not prohibited from selling at a special combination price, two or more kinds or brands
of products to a retail licensee, if (A) the retail licensee has an option of purchasing either
product at the usual price, and (B) the retail licensee is not required to purchase any product it
does not want.
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(b) It shall be unlawful for any person holding a
manufacturer's or wholesale dealer's license:
(1) To sell any liquor at wholesale prices without invoicing the vendee's license number,
except where the vendee, although authorized to resell, is not required by law to hold a license,
in which case the invoice shall fully indicate the vendee's identity; or
(2) To sell any liquor, except for cash or by receiving payment in advance of delivery, to any
retail licensee who has not paid in full for all previous purchases of liquor from such
manufacturer or wholesaler by the expiration of the thirtieth day from the date of the invoice for
such liquor.
(c) In construing subsection (a), the courts and the
liquor commission shall follow the rules, regulations, and
decisions of the Bureau of Alcohol, Tobacco and Firearms of the
United States Treasury Department and the federal courts in
interpreting section 5(b) of the Federal Alcohol Administration
Act, as the same may be changed from time to time. [L Sp 1933, c
40, §24; RL 1935, §2593; am L 1937, c 211, §12; am L 1939, c
205, pt of §1; RL 1945, §7245; am L 1949, c 301, §1(d); am L
1951, c 223, §1(5); RL 1955, §159-42; HRS §281-42; am L 1971, c
175, §1; gen ch 1985; am L 1990, c 171, §13]
§281-43 REPEALED. L 1979, c 192, §3.
§281-44 Advertisements and signs upon licensed
premises. (a) All licensed premises shall post a sign in or
about the premises containing and notifying all customers and
other persons of the possible sanctions that may be imposed for
operating a vehicle under the influence of an intoxicant under
sections 291E-41 and 291E-61. The sign shall be conspicuously
positioned in order to be seen by an ordinarily observant
person.
(b) The liquor commission may prescribe the character and
extent of all other advertisements, posters, or signs which may
be posted or maintained in or about the licensed premises. [L Sp
1933, c 40, §25; RL 1935, §2594; am L 1937, c 211, §13; RL 1945,
§7246; am L 1949, c 301, §1(e); RL 1955, §159-44; HRS §281-44;
am L 1977, c 121, §1; am L 1984, c 143, §1; am L 2001, c 157,
§5]
§281-45 No license issued, when. No license shall be issued
under this chapter:
(1) To any minor or to any person who has been convicted of a felony and not pardoned, or
to any other person not deemed by the commission to be a fit and proper person to have a
April 2016
41
license; provided that the commission may grant a license under this chapter to a corporation that
has been convicted of a felony where the commission finds that the corporation's officers and
shareholders of twenty-five per cent or more of outstanding stock are fit and proper persons to
have a license;
(2) To a corporation the officers and directors of which, or any of them, would be
disqualified under paragraph (1) from obtaining the license individually, or a stockholder of
which, owning or controlling twenty-five per cent or more of the outstanding capital stock, or to
a general partnership, limited partnership, limited liability partnership, or limited liability
company whose partner or member holding twenty-five per cent or more interest of which, or
any of them would be disqualified under paragraph (1) from obtaining the license individually;
(3) Unless the applicant for a license or a renewal of a license, or in the case of a transfer of a
license, both the transferor and the transferee, present to the issuing agency a tax clearance
certificate from the department of taxation and from the Internal Revenue Service showing that
the applicant or the transferor and transferee do not owe the state or federal governments any
delinquent taxes, penalties, or interest; or that the applicant, or in the case of a transfer of a
license, the transferor or transferee, has entered into an installment plan agreement with the
department of taxation and the Internal Revenue Service for the payment of delinquent taxes in
installments and that the applicant is or the transferor or transferee is, in the case of a transfer of
a license, complying with the installment plan agreement;
(4) To an applicant for a class 2, class 4 except for convenience minimarts, class 5, class 6,
class 11, class 12, class 13, class 14, class 15, class 17, or class 18 license unless the applicant
for issuance of a license or renewal of a license, or in the case of a transfer of a license, both the
transferor and the transferee, present to the issuing agency proof of liquor liability insurance
coverage in an amount of $1,000,000; or
(5) To any applicant who has had any liquor license revoked less than two years previous to
the date of the application for any like or other license under this chapter. [L Sp 1933, c 40, §26;
RL 1935, §2595; RL 1945, §7247; RL 1955, §159-45; am L 1957, c 293, §1 and c 321, §1(e);
am L 1965, c 121, §1; HRS §281-45; am L 1982, c 65, §1; am L 1985, c 155, §2; am L 1987, c
223, §2; am L 1990, c 171, §14; am L 1991, c 101, §1; am L 2008, c 168, §9; am L 2009, c 177,
§2 and c 184, §8; am L 2010, c 198, §3; am L 2014, c 211, §5; am L 2016, c 12, §2]
§281-46 Pool buying. (a) No holder of a wholesale dealer's or
manufacturer's license shall refuse to sell liquor to two or
more licensees pursuant to any pool buying agreement between the
licensees which has been filed with the commission having
jurisdiction over the licensees; provided that:
(1) The pool buying agreement is in writing and designates one of the licensees as the agent
of the others for the purpose of pool buying;
(2) Any order for pool buying from the holder of a manufacturer's or wholesale dealer's
license shall be placed by the agent and payment for that order shall be made by the agent;
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(3) The holder of a manufacturer's or wholesale dealer's license in selling to the agent shall
follow invoice, record keeping, and delivery procedures which are in compliance with this
chapter and the rules of the commission of each county having jurisdiction over the seller; and
(4) Each pool buying transaction shall be completed on the day transacted, and where the
pool buying agreement is between or among licensees from different counties, the transaction
shall be deemed completed when the product has been delivered to a freight forwarder, water
carrier or private trucking firm for delivery to the licensees.
(b) As used in this section, "pool buying" means two or
more licensees sharing the cost of a single purchase of liquor.
(c) Nothing in this section shall be deemed to exempt any
licensee entering into any pool buying agreement from any
antitrust laws. [L 1980, c 21, §1; am L 1983, c 229, §1]
§281-47 Standard bar; music and dancing available. Any
standard bar establishment may provide facilities for dancing by
patrons, including a dance floor and live or recorded music, if
the establishment is located in a commercial district and
obtains the approval of the commission to provide such services
on a one time trial basis not to exceed ninety days; provided
that the music and dancing shall be allowed only during the
trial period. [L 1983, c 292, §2; am L 1984, c 269, §3]
PART IV. PROCEDURE FOR OBTAINING LICENSE
§281-51 Prior inspection. No license shall be issued under
this chapter unless and until the liquor commission has caused
to be made a thorough inspection of the premises upon which the
proposed business is to be conducted and is satisfied as to its
fitness and that all other general conditions and proposed
methods of operation under the license are such as are suitable
for carrying on the business in a reputable way. "In a
reputable way" includes among other considerations operating in
such a manner that activities within the premises or in such
adjacent related outdoor areas such as parking lots or lanais
will not create noise in excess of standards contained in state
or county noise or vibration codes which intrudes into nearby
residential units. [L Sp 1933, c 40, §27; RL 1935, §2596; RL
1945, §7248; RL 1955, §159-50; HRS 281-51; am L 1975, c 55, §2]
§281-52 Public hearing. No license shall be granted except
after a public hearing by the liquor commission upon notice as
prescribed in this chapter; provided that sections 281-57 to
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281-60 shall not apply to the holder of a restaurant general
license, a wholesale general license, a retail general license,
or a dispenser's general license, who applies for a different
kind of license within the class of the holder's existing
license, on the same premises, or to the holder of a cabaret
license who applies for a dispenser license of any kind, on the
same premises, or to the holder of a dispenser's beer and wine
license who applies for dispenser's beer license, on the same
premises, or to a licensee whose licensed premises have been
demolished and replaced by another building on the same premises
and who applies for the same or lesser kind of the same class of
liquor license previously held by the licensee on said premises.
[L Sp 1933, c 40, §28; RL 1935, §2597; am L 1939, c 205, pt of
§1; RL 1945, §7249; RL 1955, §159-51; am L 1967, c 62, §1; HRS
§281-52; am L 1969, c 197, §1; am L 1972, c 149, §1; gen ch
1985; am L 2008, c 168, §10]
§281-53 Application; penalty for false statements. Every
application for a license or for the renewal of a license or for
the transfer of a license shall be in writing, signed and,
except for the renewal of a license, verified by the oath of the
applicant, or in the case of a corporation or unincorporated
association by the proper officer or officers thereof, or if a
partnership by a general partner thereof, or if a limited
liability partnership by a partner thereof, or if a limited
liability company by a member thereof, made before any official
authorized by law to administer oaths, and shall be addressed to
the liquor commission, and set forth:
(1) The full name, age, and place of residence of the applicant; if a copartnership, the names,
ages, and respective places of residence of all the partners; if a limited liability company, its full
name and the names of all its members; if a corporation or joint-stock company, its full name and
the names of its officers and directors, and the names of all stockholders owning twenty-five per
cent or more of the outstanding capital stock; if a publicly-traded company, or an entity
ultimately solely owned by a publicly-traded company, the names of the officers designated as
the primary decisionmakers regarding the purchase and sale of liquor; and if any other
association of individuals, the names, ages, and respective places of residence of its officers and
the number of its members;
(2) A particular description of the place or premises where the proposed license is to be
exercised, so that the exact location and extent thereof may be clearly and definitely determined
therefrom;
(3) The class and kind of license applied for; and
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(4) Any other matter or information pertinent to the subject matter which may be required by
the rules of the commission.
If any false statement is knowingly made in any application
which is verified by oath, the applicant, and in the case of the
application being made by a corporation, limited liability
company, association, or club, the persons signing the
application, shall be guilty of perjury, and shall be subject to
the penalties prescribed by law for such offense. If any false
statement is knowingly made in any application which is not
verified by oath, the person or persons signing the application
shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as in section 281-102 provided. [L Sp 1933, c
40, §29; RL 1935, §2598; am L 1937, c 211, §14; RL 1945, §7250;
RL 1955, §159-52; am L 1957, c 321, §1(f); am L 1959, c 100, §1;
am L 1967, c 167, §1; HRS §281-53; am L 1972, c 177, §5; am L
1990, c 171, §15; am L 1998, c 90, §4; am L 2008, c 168, §11; am
L 2016, c 12, §3]
[§281-53.5] County liquor commissions; criminal history record
check. (a) The respective county liquor commissions may
request a criminal history record check of an applicant for a
liquor license in accordance with section 846-2.7. The criminal
history record check, at a minimum, shall require the applicant
to disclose whether:
(1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate
the applicant may be unsuited for obtaining a liquor license; and
(2) The judgment of conviction has not been vacated.
For the purpose of this section, the criminal history
disclosure made by the applicant may be verified by the liquor
commission by means of information obtained through the Hawaii
criminal justice data center. The applicant shall provide the
Hawaii criminal justice data center with personal identifying
information which shall include but not be limited to the
applicant's name, social security number, date of birth, and
gender. This information shall be secured only for the purpose
of conducting the criminal history record check authorized by
this section.
(b) The applicant shall submit to the liquor commission:
(1) A statement signed under penalty of law as to whether the applicant has ever been
convicted of a crime other than a minor traffic violation;
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45
(2) Written consent to request and obtain criminal history record information for verification;
and
(3) Permission to be fingerprinted.
(c) The liquor commission shall obtain criminal history
record information through the Hawaii criminal justice data
center on the applicant. The information obtained shall be used
exclusively for the stated purpose for which it was obtained and
shall be subject to applicable federal laws and regulations
currently or hereafter in effect. [L 2003, c 95, §3]
§281-54 Filing fees with application. A filing fee in such
amount as shall be established by the respective liquor
commission shall be paid with any application for an initial
issuance of a license or for a transfer of a license.
Where a license is granted, the filing fee deposited with
the application shall become part payment of the fee required
for such license. Where an application is denied or withdrawn,
the filing fee paid shall become a realization of the county. [L
1951, c 223, §1(7); RL 1955, §159-53; am L 1965, c 31, §1(4) and
c 181, §1; HRS §281-54; am L 1988, c 383, §5]
§281-55 Reference to investigator. Upon the filing of any
application the administrator of the liquor commission shall
indorse thereon the date of filing thereof. If no patent
disqualification of the applicant or certain valid objection to
the granting of the application is apparent initially and if all
requirements relative to the filing of the application appear to
have been complied with, the application shall be referred to
the investigator for investigation. [L Sp 1933, c 40, §30; RL
1935, §2599; RL 1945, §7251; RL 1955, §159-54; HRS §281-55; am L
1975, c 55, §3; am L 1990, c 171, §16]
§281-56 Report by investigator. (a) On every application
referred to the investigator under section 281-55, the
investigator shall report in writing to the liquor commission
and, if the application is for a license of any class other than
class 8, class 9, or class 10, such report shall include:
(1) A description of the premises intended to become the licensed premises, and the
equipment and surrounding conditions, including the relationship to surrounding residences
which may share a common boundary or a common structure with the premises proposed for
licensing;
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(2) If the application is made by a person who has held a prior license for the same or any
other premises within two years past, a statement as to the manner in which the premises have
been operated and the business conducted under the previous license;
(3) The locality of any church, chapel, or school, if any, within a distance of five hundred
feet from the nearest point of the premises for which the license is asked to the nearest point of
the church, chapel, or school grounds;
(4) The number, position, and distance from the premises, in respect of which a license is
applied for, of any other licensed premises of the same class in the neighborhood;
(5) The number of licenses of the same class or kind already issued and being lawfully
exercised within the county;
(6) Whether or not in the opinion of the investigator the applicant is a fit and proper person to
have a license;
(7) Whether or not the applicant is for any reason disqualified by this chapter from obtaining
or exercising a license; and whether or not the applicant has complied with all the requirements
of this chapter relative to the making and filing of the applicant's application;
(8) For the next application for a license that was previously denied, refused, or withdrawn,
evidence, to be provided by the applicant, of a substantial change in the circumstances that
caused the previous denial, refusal, or withdrawal; and
(9) Any and all other matters and things, that in the judgment of the investigator pertain to or
affect the matter of the application, or the issuance or the exercise of the license applied for;
provided that when the license application is for premises within a county with a population of
five hundred thousand residents or more, the report shall specify the possible adverse effects the
premises, after licensing, may have on the surrounding community.
(b) A copy of the report shall be furnished to the
applicant not less than forty-eight hours before any hearing is
had upon the application. Upon written request, a copy of the
report shall be furnished to any requester.
(c) The applicant and any protester may challenge findings
contained in the investigator's report before or at any hearing
on the application. [L Sp 1933, c 40, §31; RL 1935, §2600; am L
1937, c 211, §15; am L 1939, c 205, pt of §1; am L Sp 1941, c
89, §1(c); RL 1945, §7252; am L 1945, c 217, §1; RL 1955, §159-
55; HRS §281-56; am L 1971, c 113, §1; am L 1975, c 55, §4; gen
ch 1985; am L 1990, c 171, §17; am L 2001, c 257, §5; am L 2002,
c 120, §3; am L 2008, c 168, §12]
§281-57 Preliminary hearing; notice of public
hearing. (a) Upon the filing of the investigator's report upon
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any application the liquor commission may hold a preliminary
hearing and upon such preliminary hearing it may deny the
application. A notice of preliminary hearing on a previously
denied, refused, or withdrawn application shall be given seven
days before the preliminary hearing to any person who submitted
a written request for notice.
(b) If no preliminary hearing is had or if the application
is not denied upon a preliminary hearing, the commission shall
fix a day for the public hearing of the application (other than
an application for an alcohol license or a license in classes 8
to 10 and 13) and shall give public notice of the hearing at
least once in each of two consecutive weeks, in the county, the
date of the hearing to be not less than forty-five days after
the first notice. The notice shall require that all protests or
objections against the issuance of the license applied for shall
be filed with the administrator of the commission at or before
the time of hearing. Before giving the notice the commission
shall collect from the applicant the cost of giving the public
notice or require a deposit to cover the same.
(c) Immediately upon the commission's fixing a day for the
public hearing of the application, the applicant shall mail a
notice setting forth the time and place of the hearing on the
application to each of the following:
(1) Not less than two-thirds of the owners and lessees of record of real estate and owners of
record of shares in a cooperative apartment or to those individuals on the list of owners as
provided by the managing agent or governing body of the shareholders association situated
within a distance of five hundred feet from the nearest point of the premises for which the license
is asked to the nearest point of such real estate or cooperative apartment; provided that in
meeting this requirement, the applicant shall mail a notice to not less than three-fourths of the
owners and lessees of record of real estate and owners of record of shares in a cooperative
apartment situated within a distance of one hundred feet from the nearest point of the premises
for which the license is asked. Notice by mail may be addressed to the last known address of the
person concerned or to the address as shown in the current real property tax record of the person
or the person's agent or representative;
(2) In counties with a population of five hundred thousand or more, not less than two-thirds
of the registered voters residing within, and small businesses situated within, a distance of five
hundred feet from the nearest point of the premises for which the license is asked; provided that
in meeting this requirement, the applicant shall mail notices to not less than three-fourths of the
registered voters residing within, and small businesses situated within, a distance of one hundred
feet from the nearest point of the premises for which the license is asked. This paragraph shall
not apply to applications for class 2, class 4, class 12, and class 15 licenses. A notice sent
pursuant to this paragraph shall be addressed to the "occupant" of the residential unit or small
business; and
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(3) For each condominium project and cooperative apartment within the five hundred-foot
area, one notice of the hearing shall be sent by mail addressed "To the Residents, Care of the
Manager", followed by the name and address of the condominium or cooperative apartment
involved.
The notices required under this subsection shall be mailed at
least forty-five days prior to the date set for the hearing. No
promotional information shall be allowed on, or accompany the
notice. Before the hearing, and within seven business days of
having mailed the notices, the applicant shall file with the
commission an affidavit that the notices have been mailed in
compliance with this subsection. In addition to the affidavit
(which shall be made available within the same seven-business-
day period with proof of having mailed the notices), the
applicant shall include both a master list of one hundred per
cent of addressees and addresses required by paragraphs (1),
(2), and (3), and another mailing list consisting of the portion
of addressees and their respective addresses who were mailed the
notice purposely needed to meet the requirements of paragraphs
(1), (2), and (3). The affidavit, master list, and mailing list
shall be made available within seven business days (of the
mailing of the notice by the applicant) by the commission for
public review upon request. For purposes of this section,
"master list" means every owner and lessee who would otherwise
be required to receive notice of the public hearing according to
the requirement of paragraphs (1), (2), and (3), even if they
were not actually included in the two-third or three-fourths
requirement (as the case may be) of paragraph (1) or (2), and
every condominium project and cooperative apartment qualifying
in paragraph (3). When the requirements of this section have
not been met, the commission may cancel the hearing or continue
the public hearing subject to the provisions of this section.
(d) For purposes of this section, notice to one co-owner
and one co-lessee of real estate shall be sufficient notice to
all co-owners and all co-lessees of that real estate; and one
notice is sufficient to an owner or lessee of multiple parcels;
except that one notice shall be sent to each individual unit of
a cooperative apartment as provided in this section. [L Sp 1933,
c 40, §32; RL 1935, §2601; am L 1935, c 105, §11; RL 1945,
§7253; RL 1955, §159-56; am L 1965, c 181, §1 and c 258, §1; HRS
§281-57; am L 1975, c 55, §5; am L 1979, c 105, §27; am L 1980,
c 256, §3; am L 1982, c 39, §1 and c 296, §1; am L 1984, c 123,
§1 and c 269, §4; gen ch 1985; am L 1990, c 171, §18; am L 1994,
c 227, §1; am L 1998, c 2, §83; am L 2001, c 257, §6; am L 2007,
c 53, §6; am L 2008, c 168, §13; am L 2009, c 184, §9]
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§281-58 Protests. Protests against the granting of a license
may be filed by any person. Protests against the granting of a
license upon such application, which qualifies for an automatic
refusal pursuant to section 281-39.5 or 281-59, may be so filed
by any registered voter for the area within five hundred feet of
the nearest point at which the applicant proposes to establish
or continue the applicant's business under the license applied
for, or by any owner or lessee of record of real estate or by
any owner of record of a share in a cooperative apartment
situated within a distance of five hundred feet from the nearest
point of the premises for which the license is asked to the
nearest point of such real estate or cooperative apartment. [L
Sp 1933, c 40, §33; RL 1935, §2602; RL 1945, §7254; RL 1955,
§159-57; HRS §281-58; am L 1972, c 177, §6; am L 1984, c 123,
§2; gen ch 1985; am L 2008, c 168, §14]
§281-59 Hearing; rehearing. (a) Upon the day of hearing, or
any adjournment thereof, the liquor commission shall consider
the application and any protests and objections to the granting
thereof, and hear the parties in interest. The liquor
commission shall accept all written or oral testimony for or
against the application whether the application is denied,
refused, or withdrawn. Within ninety days after the hearing, or
within one hundred twenty days thereafter if in its discretion
the commission extends the ninety days to one hundred twenty
days, and gives public notice of same, the commission shall give
its decision granting or refusing the application; provided that
if a majority of the:
(1) Registered voters for the area within five hundred feet of the nearest point of the premises
for which the license is asked; or
(2) Owners and lessees of record of real estate and owners of record of shares in a
cooperative apartment within five hundred feet of the nearest point of the premises for which the
license is asked,
have duly filed or caused to be filed their protests against the
granting of the license, or if there appears any other
disqualification under this chapter, the application shall be
refused. Otherwise, the commission may in its discretion grant
or refuse the same.
For purposes of defining "a majority of the owners and
lessees of record of real estate and owners of record of shares
in a cooperative apartment", each property counts only once;
provided that roadways shall not be included. A protest
April 2016
50
submitted by the majority of the co-owners or the majority of
the co-lessees of a property shall constitute a protest by all
the owners or lessees of record of that property. A protest
filed by owners or lessees who own more than one property shall
be counted for each property.
(b) The liquor commission shall make available to the
applicant and any protester for review before the public
hearing, the protest list of those persons who filed a protest
or objection to the application; provided that the applicant
shall not use the protest list to attempt to influence in any
way any protester to withdraw the protest or objection. All
applicants and protesters may submit corrections, additions, and
subtractions to the master list and the protest list at the
public hearing; provided that additions or corrections to the
voter registration list shall be certified by the clerk of the
county. The liquor commission shall rule on proposed
corrections, additions, and subtractions and give reasons for
the ruling.
(c) The commission may also, with like discretion:
(1) Grant a license to one person in preference to another, without reference to any priority in
the order of filing of the applications; and
(2) Of its own motion, or on the suggestion of any member, or of the investigator take notice
of any matter or thing which in the opinion of a majority of its members would be a sufficient
objection to the granting of a license; but in such case if the objection is one to which the
applicant should be given a reasonable time to answer, a continuance may be granted in the
discretion of the commission;
provided that in any case where any person affected by such
decision petitions the commission for a rehearing of the
application and on oath alleges facts and grounds for
consideration which were not formerly presented or considered,
or any other matter of fact which in the judgment of the
commission seems sufficient to warrant a rehearing, such
rehearing may be granted by the commission in its discretion
upon the publication of notice of rehearing at least seven days
before the date of the rehearing. When a rehearing is allowed
notice shall be given to the applicant and to the applicant's
opponents, by publication or otherwise as the commission shall
direct. [L Sp 1933, c 40, §34; RL 1935, §2603; RL 1945, §7255;
RL 1955, §159-58; am L 1957, c 321, §1(g); HRS §281-59; am L
1972, c 177, §7; am L 1984, c 123, §3; gen ch 1985; am L 1990, c
171, §19; am L 1995, c 142, §2; am L 2001, c 257, §7; am L 2008,
c 168, §15; am L 2009, c 184, §10]
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§281-60 Further application. (a) Except as provided for in
section 281-13, if an applicant has at any time been denied or
refused a license, no further application from the applicant
pertaining to the same premises or building location shall be
considered for one year from the denial or refusal.
(b) If an application pertaining to a particular premises
or building location is denied, refused, or withdrawn, the next
application from any applicant for that premises or building
location shall include a report prepared by the applicant
evidencing a substantial change in the circumstances that caused
the previous denial, refusal, or withdrawal. The commission
shall deny the application at the preliminary hearing unless the
applicant submits evidence of a substantial change in the
circumstances that previously caused the denial, refusal, or
withdrawal of an application pertaining to that premises or
building location. The commission may consider the following
factors in deciding whether to grant an application pertaining
to a premises or building location for which an application has
previously been denied, refused, or withdrawn:
(1) Whether a majority of the registered voters residing within five hundred feet of the
nearest point of the premises or building location for which the license is asked, or a majority of
the owners and lessees of record of real estate and owners of record of shares in a cooperative
apartment within five hundred feet of the nearest point of the premises or building location for
which the license is asked, no longer oppose the granting of the license;
(2) Whether plans for the construction, building design, use, or operation of the proposed
establishment have been altered such that they will not conflict with the character of the
surrounding area. In evaluating the character of an area for the purposes of this section, the
commission may consider the following factors:
(A) The usual and existing types of business,
residential, and recreational uses and activities
within the area;
(B) The proximity of residential areas;
(C) The population density of the area;
(D) The typical or ambient noise levels of the area;
(E) The motor vehicle traffic volume, congestion, and
noise; and
(F) Any other factors that the commission finds
relevant;
(3) Whether the neighborhood board for the area where the premises is located has rendered
a decision on the granting of the license;
(4) Whether the applicant is a fit and proper person to have a license; and
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(5) Any other considerations deemed by the commission to affect the matter of the
application, the issuance, or the exercise of the license applied for. [L Sp 1933, c 40, §35; RL
1935, §2604; RL 1945, §7256; am L 1951, c 223, §1(8); RL 1955, §159-59; HRS §281-60; gen
ch 1985; am L 1986, c 67, §1; am L 1990, c 171, §20; am L 1996, c 62, §2; am L 2001, c 257,
§8]
§281-61 Renewals. (a) Other than for good cause, the renewal
of an existing license shall be granted upon the filing of an
application; provided that if:
(1) Complaints from the public;
(2) Reports from the commission's investigators; or
(3) Adjudications of the commission or the liquor control adjudication board,
indicate that noise created by patrons departing from the
premises disturbs residents on the street or of the neighborhood
in which the premises are located, or that noise from the
premises or adjacent related outdoor areas such as parking lots
or lanais exceed standards contained in state or county noise
codes or intrudes into nearby residential units, the commission
may deny the renewal application or withhold the issuance of a
renewed license until corrective measures meeting the
commission's approval are taken.
(b) The commission or board, pursuant to section 281-17,
at the time of renewal or at any time, may revoke, suspend, or
place conditions or restrictions on any license issued under
this chapter for the purpose of preventing activities within the
licensed premises or adjacent areas that are potentially
injurious to the health, safety, and welfare of the public and
neighborhood including but not limited to criminal activity,
including assault, drug dealing, drug use, or prostitution, upon
proper notice to the licensee, and a hearing before the
commission pursuant to chapter 91.
(c) The commission or board shall deny renewal of a class
2, class 4, class 5, class 6, class 11, class 12, class 13,
class 14, class 15, class 17, or class 18 license if the
applicant for renewal fails to present proof of the liquor
liability insurance required by section 281-31(s). [L Sp 1933, c
40, §36; RL 1935, §2605; am L 1935, c 105, §12; am L 1937, c
211, §16; am L 1939, c 205, pt of §1; am L Sp 1941, c 89, §1(c);
RL 1945, §7257; RL 1955, §159-60; HRS §281-61; am L 1975, c 55,
§6; am L 1987, c 256, §1; am L 1990, c 171, §21; am L 1995, c
192, §1; am L 1999, c 39, §1; am L 2008, c 168, §16; am L 2009,
c 177, §3; am L 2010, c 198, §4; am L 2014, c 211, §6]
April 2016
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§281-62 Reduction or increase in area of licensed
premises. The liquor commission may, in its discretion, permit
the reduction or the increase in the area of the licensed
premises of any licensee without publication of notice at a
public hearing; provided that, where an increase in premises may
significantly impact the public, the commission may require
hearings pursuant to sections 281-39.5 and 281-57 to 281-
60. Whenever any reduction or increase is permitted, the same
shall be endorsed in some appropriate manner upon the license.
[L 1937, c 211, §17; am L 1939, c 205, pt of §1; RL 1945, §7258;
RL 1955, §159-61; HRS §281-62; am L 2008, c 168, §17]
PART V. DUTIES OF AND SUPERVISION OVER LICENSEE
§281-71 Posting of license. Every license issued and in effect
under this chapter shall at all times be conspicuously posted
and exposed to view, convenient for inspection, on the licensed
premises. For failure thereof the license may be suspended or
revoked by the liquor commission or liquor control adjudication
board. [L Sp 1933, c 40, §37; RL 1935, §2606; RL 1945, §7259; RL
1955, §159-70; HRS §281-71; am L 1998, c 249, §11]
§281-72 Condition of premises. All premises licensed or
proposed to be licensed shall be constructed, arranged,
furnished, equipped, maintained, and operated in such manner as
may be prescribed by the liquor commission. [L Sp 1933, c 40,
§38; RL 1935, §2607; RL 1945, §7260; RL 1955, §159-71; HRS §281-
72]
§281-73 Quality of liquor; penalty. No liquor at any time
manufactured or sold in the State shall be other than of a pure
quality, according to any applicable legal standard therefor
under the laws of the United States, unadulterated with any
mixture of noxious, deleterious, or poisonous substance.
Any person who manufactures or sells any liquor of a
quality or character contrary to this section, shall be guilty
of a misdemeanor and upon conviction shall be punished as in
section 281-102 provided. [L Sp 1933, c 40, §39; RL 1935, §2608;
RL 1945, §7261; RL 1955, §159-72; HRS §281-73]
§281-74 Labels on containers. All persons manufacturing any
liquor for sale under this chapter shall securely and
permanently attach to every container thereof, as the same is
April 2016
54
manufactured, a label stating the name of the manufacturer or,
in lieu thereof, if the manufacturer does business under another
name, stating such name, and stating the kind and quantity of
liquor contained therein. Every container containing liquor for
sale by any person holding a wholesale or retail license shall
have securely and permanently attached to it such a label. In
addition to the foregoing requirements, all such labels shall
conform in all respects to the then existing federal laws and
regulations regarding such labels.
Before attaching any label containing the name by which the
manufacturer does business, in lieu of the manufacturer's name,
the manufacturer shall first register such business name under
chapter 482. The manufacturer shall furnish to the liquor
commission written confirmation of such registration and such
other information as may be deemed necessary or appropriate by
the liquor commission to enable it to establish and maintain
records to properly identify the manufacturer, its name or names
by which it does business and the liquor manufactured. The
records so established and maintained shall be available for
public inspection. [L Sp 1933, c 40, §40; RL 1935, §2609; am L
1937, c 211, §18; RL 1945, §7262; RL 1955, §159-73; am L 1965, c
94, §1; HRS §281-74; gen ch 1985]
§281-75 Analyses. Whenever the liquor commission or
investigator thereof has reason to believe or suspect, on
complaint or otherwise, that any liquor being manufactured or
which is possessed or kept for sale by any licensee is or may be
impure or adulterated or otherwise not conformable to any lawful
requirement, the commission or investigator thereof or other
person authorized in writing by the commission or by the
investigator may secure a sample thereof for analysis. Upon
such sample being obtained, as though by ostensible purchase or
otherwise, the person procuring the same shall immediately
disclose to the licensee the person's office or authority and
purpose, and in case the procurer is a person other than the
commission or the investigator the procurer shall then deliver
to the licensee a copy of the written order for the procurement
of the sample. The bottle or other container containing the
sample shall then and there be sealed by the procurer thereof
before being taken from the premises of the licensee and the
licensee may also attach the licensee's seal thereto.
The investigator shall cause the sample so obtained to be
immediately delivered with the seal or seals unbroken to the
state department of health or some competent analyst employed by
the commission who shall make an analysis of the liquor and
April 2016
55
shall send a certified report thereof to the investigator, who
shall immediately file the same with the commission's
administrator.
If the sample analyzed is found pure and unadulterated and
conformable with all legal requirements for such liquor, the
certificate referred to in the preceding paragraph shall so
state, and the commission shall pay to the licensee a sum equal
to the value of the sample, and if requested by the licensee the
administrator shall furnish the licensee a copy of the analysis.
If the certificate of analysis shows the sample to be
impure or adulterated or contrary to any legal requirement the
licensee shall be prosecuted for selling, or offering for sale,
or furnishing forbidden liquor in violation of this chapter. [L
Sp 1933, c 40, §41; RL 1935, §2610; RL 1945, §7263; RL 1955,
§159-74; am L Sp 1959 2d, c 1, §19; HRS §281-75; gen ch 1985; am
L 1990, c 171, §22]
§281-76 Tampering with samples; penalty. Any person who
tampers with any sample of liquor taken for analysis under this
chapter shall be fined not more than $2,000 or imprisoned not
more than one year, or both. [L Sp 1933, c 40, §42; RL 1935,
§2611; RL 1945, §7264; RL 1955, §159-75; HRS §281-76; am L 1990,
c 171, §23]
§281-77 Refusal of samples; penalty. Any licensee who refuses
to deliver or accede to the taking of any sample of liquor for
analysis upon disclosure of the procurer's authority as provided
by section 281-75 shall be fined not more than $2,000. [L Sp
1933, c 40, §43; RL 1935, §2612; RL 1945, §7265; RL 1955, §159-
76; HRS §281-77; am L 1990, c 171, §24]
§281-78 Prohibitions. (a) No person shall:
(1) Consume any liquor on any public highway, except as permitted in section 291-3.4;
(2) Consume any liquor on any public sidewalk, including any sidewalk within a public
housing project;
(3) Consume any liquor on any common area of a public housing project; or
(4) Possess or keep, while on any sidewalk or common area within a public housing project,
any bottle, can, or other receptacle containing any intoxicating liquor that has been opened, that
has a broken seal, or the contents of which have been partially removed.
For purposes of this subsection:
April 2016
56
"Common area" means roofs, halls, corridors, lobbies,
stairs, stairways, fire escapes, entrances and exits of the
building or buildings, basements, yards, gardens, recreational
facilities, parking areas, storage spaces, and other parts of
the project normally in common use or other areas designated by
the Hawaii public housing authority.
"Public housing project" means any state or federal public
housing project as defined in section 356D-1 or 356D-91 or a
state low-income housing project as defined in section 356D-51.
(b) At no time under any circumstances shall any licensee
or its employee:
(1) Sell, serve, or furnish any liquor to, or allow the consumption of any liquor by:
(A) Any minor;
(B) Any person at the time under the influence of
liquor;
(C) Any person known to the licensee to be addicted to
the excessive use of intoxicating liquor; or
(D) Any person for consumption in any vehicle that is
licensed to travel on public highways;
provided that the consumption or sale of liquor to a minor shall not be deemed to be a
violation of this subsection if, in making the sale or allowing the consumption of any liquor by a
minor, the licensee was misled by the appearance of the minor and the attending circumstances
into honestly believing that the minor was of legal age and the licensee acted in good faith; and
provided further that it shall be incumbent upon the licensee to prove that the licensee so acted in
good faith;
(2) Permit any liquor to be consumed on the premises of the licensee or on any premises
connected therewith, whether there purchased or not, except as permitted by the terms of its
license;
(3) Permit any liquor to be sold or served by any person eighteen to twenty years of age
except in licensed establishments where selling or serving the intoxicating liquor is part of the
minor's employment, and where there is proper supervision of these minor employees to ensure
that the minors shall not consume the intoxicating liquor;
(4) Permit any liquor to be sold or served by any person below the age of eighteen years upon
any licensed premises, except in individually specified licensed establishments found to be
otherwise suitable by the liquor commission in which an approved program of job training and
employment for dining room waiters and waitresses is being conducted in cooperation with the
University of Hawaii, the state community college system, or a federally sponsored personnel
development and training program, under arrangements that ensure proper control and
supervision of employees;
April 2016
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(5) Knowingly permit any person under the influence of liquor or disorderly person to be or
remain in or on the licensed premises;
(6) Fail to timely prevent or suppress any violent, quarrelsome, disorderly, lewd, immoral, or
unlawful conduct of any person on the premises;
(7) Sell any draught beer unless upon the faucet, spigot, or outlet wherefrom the beer is
drawn there is attached a clear and legible notice, placard, or marker which in the English
language indicates and declares the name or brand adopted by the manufacturer of the draught
beer, so situated as to be clearly legible for a distance of at least ten feet from the spigot, faucet,
or outlet, to a purchaser with normal vision; or
(8) Receive from a person, as payment or as a consideration for liquor, any personal or
household goods, including clothing and food, or any implements of trade. Any person violating
this paragraph shall be guilty of a misdemeanor and upon conviction shall be punished as
provided in section 281-102. [L Sp 1933, c 40, §48; RL 1935, §2617; am L 1935, c 105, §§13,
14, 15; am L 1937, c 211, §19; am L Sp 1941, c 89, §1(d); RL 1945, §7266; am L 1951, c 223,
§1(9); RL 1955, §159-77; am L 1957, c 274, §1; am L 1967, c 184, §1; HRS §281-78; am L
1969, c 228, §1; am L 1976, c 3, §1; gen ch 1985; am L 1986, c 342, §3; am L 1987, c 283, §70;
am L 1988, c 350, §1 and c 383, §6; am L 1990, c 171, §25; am L 1991, c 206, §2; am L 1992, c
207, §2; am L 1996, c 101, §1; am L 2008, c 34, §1; am L 2012, c 88, §2; am L 2013, c 150, §1]
[§281-78.5] Practices to promote excessive consumption of
liquor; prohibited. (a) No person licensed to sell liquor for
consumption on the premises shall engage in practices which
promote excessive consumption of liquor.
(b) The liquor commission shall adopt rules pursuant to
chapter 91 to prohibit specific liquor promotion practices which
promote excessive consumption of liquor.
(c) Any person who violates this section or any rule
adopted by the commission pursuant to this chapter shall be
guilty of a violation for each separate offense. Each date of
violation shall constitute a separate offense. [L 1987, c 137,
§1]
§281-79 Entry for examination; obstructing liquor commission
operations; penalty. Every investigator shall, and any officer
having police power may, at all reasonable times, and at any
time whatsoever if there is any reasonable ground for suspicion
that the conditions of any license are being violated, without
warrant enter into and upon any licensed premises and inspect
the same and every part thereof, and any books or records
therein, to ascertain whether or not all conditions of the
license and all provisions of this chapter and chapter 244D are
being complied with by the licensee.
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If any investigator or officer, or any person called by the
investigator or officer to the investigator's or officer's aid,
is threatened with the use of violence, force, or physical
interference or obstacle, or is hindered, obstructed, or
prevented by any licensee, the licensee's employees, or any
other person from entering into any such premises, or whenever
any investigator or officer is by any licensee, the licensee's
employees, or any other person opposed, obstructed, or molested
in the performance of the officer's duty in any respect, the
licensee, the licensee's employee, or any other person shall be
fined not more than $2,000 or imprisoned not more than one year,
or both.
Whenever any investigator or officer, having demanded
admittance into any licensed premises and declared the
investigator's or officer's name and office, is not admitted by
the licensee or the person in charge of the premises, it shall
be lawful for the investigator or officer to forcibly and in any
manner to break into and enter the premises. [L Sp 1933, c 40,
§49; RL 1935, §2618; RL 1945, §7267; RL 1955, §159-78; HRS §281-
79; gen ch 1985; am L 1986, c 344, §15; am L 1990, c 171, §26]
§281-80 Arrest. Any investigator or police officer who
observes any violation by any person of this chapter or of any
rule or regulation of the liquor commission, may forthwith
arrest the person without a warrant. Whenever any violation of
this chapter or of the regulations of the commission occurs in
the presence of any licensee, or any investigator or police
officer, upon request of the licensee the police officer or
investigator may assist the licensee in arresting any patron for
violation thereof. [L Sp 1933, c 40, §50; RL 1935, §2619; am L
1939, c 205, pt of §1; RL 1945, §7268; RL 1955, §159-79; HRS
§281-80; am L 1990, c 171, §27]
§281-81 REPEALED. L 1988, c 383, §7.
§281-82 No action for debt. No person except a licensed
manufacturer or licensed wholesale or retail dealer or his
heirs, personal representatives, trustees, or assigns with
respect to sales regularly made under his license shall recover
by any process of law any debt or demand on account of the sale
on credit of any liquor, nor on any note or like obligation
given in payment for liquor. [L Sp 1933, c 40, §52; RL 1935,
§2621; RL 1945, §7270; RL 1955, §159-81; HRS §281-82; am L 1976,
c 200, pt of §1]
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§281-83 REPEALED. L 1986, c 344, §16; L 1989, c 149, §1.
§281-84 Exclusion of intoxicated person from premises;
penalty. Every person who, being under the influence of liquor,
enters any premises licensed for the sale of liquor, or being
under the influence of liquor there remains after having been
requested by the licensee or any person in the licensee's employ
to leave the premises, shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as in section 281-102
provided. [L Sp 1933, c 40, §53; RL 1935, §2622; RL 1945, §7272;
RL 1955, §159-83; HRS §281-84; gen ch 1985]
§281-85 Prize, gift, premium, and other
inducement. (a) Unless otherwise provided by this chapter, it
shall be unlawful for any person to offer or to provide any
intoxicating liquor as a prize or inducement at any public
amusement, public gathering or place open to the public.
(b) It shall be unlawful for any person acting as agent or
representative of a nonresident principal or for any licensee
directly or indirectly, or through any subsidiary or affiliate,
to give any premium or free goods of intoxicating liquor or
other merchandise in connection with the sale of any
intoxicating liquor; or to offer or to provide any premium or
free goods of intoxicating liquor in connection with the sale of
other merchandise.
(c) No retail dealer and no licensee who is authorized to
sell liquor for consumption on the licensee's premises shall
solicit or accept, either directly or indirectly, a premium or
free goods of any nature in connection with the retail dealer's
or licensee's purchase of liquor from a manufacturer or
wholesale dealer. [L 1937, c 211, §20; RL 1945, §7274; am L
1951, c 223, §1(11); RL 1955, §159-84; HRS §281-85; am L 1971, c
122, §1; gen ch 1985; am L 1990, c 171, §28; am L 2009, c 184,
§11]
PART VI. REVOCATION OF LICENSE
§281-91 Revocation or suspension of license; hearing. The
liquor commission or liquor control adjudication board may
revoke any license at any time issued, or suspend the right of
the licensee to use the licensee's license, or assess and
collect a penalty, or reprimand the licensee, either for the
violation of any condition of the license or of any provisions
of this chapter or of any rule or regulation applicable thereto,
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or upon the conviction in a court of law of the licensee of any
violation of this chapter or of any other law relative to the
licensee's license or the proper exercise thereof, or of any
violation of law in any other respect on account whereof the
commission or board may deem the licensee to be an unfit or
improper person to hold a license, or for any other cause deemed
sufficient by the commission or board.
In every case where it is proposed to revoke or suspend the
exercise of any license or assess and collect a penalty for any
cause other than a conviction at law of the licensee as above
specified, the licensee shall be entitled to notice and hearing
in conformity with chapter 91, the notice to be given at least
five days before the hearing, except that any special license
shall be subject to summary revocation for any violation of or
evidence of intent to violate the proper exercise thereof,
without hearing before the commission or board.
At the hearing, before final action is taken by the
commission or board, the licensee shall be entitled to be heard
in person or through counsel and shall be given a full and fair
opportunity to present any facts showing that the alleged cause
or causes for the proposed action do not exist, or any reasons
why no penalty should be imposed. The testimony taken at the
hearing shall be under oath and recorded stenographically, or by
machine, but the parties shall not be bound by the strict rules
of evidence; certified copies of any transcript and of any other
record made of or at the hearing shall be furnished to the
licensee upon the licensee's request and at the licensee's
expense.
Any order of revocation, suspension, fine, or reprimand
imposed by the commission or board upon the licensee shall be in
addition to any penalty that might be imposed upon the licensee
upon the licensee's conviction at law for any violation of this
chapter. No licensee shall be subject to both the penalty
assessed and collected by the commission or board and to
revocation or suspension of license. The amount of penalty
assessed and collected by the commission or board from any
licensee for any particular offense shall not exceed the sum of
$2,000.
Whenever the service of any order or notice shall be
required by this section, the service shall be made in the
following manner: in the case of any violation based upon the
personal observation of any investigator, a written notice of
the violation shall be given to the licensee or the licensee's
registered manager in active charge of the premises, or by
serving a certified copy of the notice or order upon the holder
of the license wherever the holder may be found in the circuit
wherein the holder is licensed, or, if the holder cannot be
April 2016
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found after diligent search, by leaving a certified copy thereof
at the holder's dwelling house or usual place of abode with some
person of suitable age and discretion residing therein; and if
the holder of the license cannot be found after diligent search,
and service cannot be made, then service may be made by posting
a certified copy of the notice or order in a conspicuous place
on the licensed premises and depositing another certified copy
thereof in the certified mail of the United States post office,
postage prepaid, addressed to the holder of the license at the
holder's last known residence address; provided that in the case
of a partnership, corporation, unincorporated association, or
limited liability company, service may be made upon any partner,
officer, or member thereof. [L Sp 1933, c 40, §55; RL 1935,
§2624; am L Sp 1941, c 89, §1(f); RL 1945, §7275; am L 1949, c
314, §1; RL 1955, §159-90; am L 1957, c 321, §1(h); am L 1965, c
96, §98; HRS §281-91; am L 1976, c 87, §5; gen ch 1985; am L
1987, c 223, §3; am L 1990, c 171, §29; am L 1998, c 90, §5 and
c 249, §12]
§281-92 Appeals. Any licensee aggrieved by any order assessing
or providing for the collection of a penalty, or by any order
suspending or revoking any license, may appeal therefrom in the
manner provided in chapter 91 to the circuit court of the
circuit in which the liquor commission or liquor control
adjudication board making the order has jurisdiction and the
judgment of the court shall be subject to review, subject to
chapter 602, in the manner provided for civil appeals from the
circuit courts. [L Sp 1941, c 41, §1; RL 1945, §7276; am L 1951,
c 280, §1; RL 1955, §159-91; am L 1965, c 96, §99; HRS §281-92;
am L 1979, c 149, §2; am L 1980, c 232, §11; am L 1998, c 249,
§13; am L 2004, c 202, §35; am L 2006, c 94, §1; am L 2010, c
109, §1]
§281-93 Reports to prosecuting officers. When the revocation
or suspension of any license is by reason of any violation of
law the liquor commission or the administrator shall report the
facts to the prosecuting officer for prosecution. [L Sp 1933, c
40, §56; RL 1935, §2625; RL 1945, §7277; RL 1955, §159-92; HRS
§281-93; am L 1998, c 249, §14]
§281-94 Forfeiture of fee paid. If any license is revoked or
canceled by the liquor commission or liquor control adjudication
board, the fee paid for the license or any unexpended portion
thereof shall be forfeited to the county. [L Sp 1933, c 40, §57;
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RL 1935, §2626; RL 1945, §7278; RL 1955, §159-93; HRS §281-94;
am L 1998, c 249, §15; am L 2006, c 44, §3]
§281-95 Bankruptcy, insolvency, death. If a licensee becomes a
legally adjudicated bankrupt, or makes an assignment for the
benefit of the licensee's creditors, or dies, before the
expiration of the term of the licensee's license, the licensee's
trustee in bankruptcy, assignee, or personal representative, as
the case may be, may, with the consent of the liquor commission,
continue to exercise the license for the purpose of closing the
affairs of the estate; but if not so continued within forty-five
days the commission shall cancel the license.
If a mortgage on the premises covered by a license is
foreclosed before the expiration of the term of the license, the
mortgagee, or the mortgagee's authorized representative or a
duly appointed commissioner of sale may, with the consent of the
commission, continue to exercise the license or continue it in
effect for the purpose of completing a sale of the premises
under the foreclosure proceedings. Notwithstanding any rule or
regulation of the commission to the contrary, the payment of any
renewal fee for a license issued for the premises involved in
foreclosure proceedings or additional fee accrued on the basis
of gross sales made under such a license may be withheld until
sale of the premises has been completed. [L Sp 1933, c 40, §58;
RL 1935, §2627; RL 1945, §7279; RL 1955, §159-94; am L 1959, c
207, §1; HRS §281-95; am L 1976, c 87, §6 and c 200, pt of §1;
gen ch 1985]
§281-96 Cancellation. If the use of the premises covered by
any license becomes lost to the licensee by reason of being sold
under foreclosure proceedings, or a civil execution, or other
legal process, or for any other cause, which shall force a
cessation of the business of the licensee thereon under the
license (other than by a revocation or suspension of the
licensee's license), the liquor commission may cancel or suspend
the license. [L Sp 1933, c 40, §59; RL 1935, §2628; RL 1945,
§7280; RL 1955, §159-95; HRS §281-96; am L 1976, c 87, §7; gen
ch 1985; am L 1990, c 171, §30]
§281-97 When sale without license authorized. In case a
license is revoked or canceled or not renewed, the licensee may
with the permission of and upon the conditions set by the liquor
commission sell intoxicating liquors then in the licensee's
possession within sixty days, or within such additional time
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allowed by the commission, unless under this chapter the same
are seized or forfeited.
Any bank, trust company, or financial institution owning or
possessing intoxicating liquor which was acquired by the bank,
trust company, or financial institution in the ordinary course
of its business, may sell the intoxicating liquor with the
permission of and upon conditions set by the commission.
Any person acting as personal representative, or guardian
of a licensee's estate, or any receiver, assignee for benefit of
creditors, trustee in bankruptcy, may sell the stock of
intoxicating liquor with the permission of and upon conditions
set by the commission, except as otherwise provided in this
chapter.
Any insurance company, or any common carrier acting as an
insurer for losses to persons shipping intoxicating liquor, may
take possession of and sell the intoxicating liquor, the
containers of which have been damaged by fire or otherwise, with
the permission of and upon conditions set by the commission.
Any person in possession of a stock of lawfully acquired
intoxicating liquor under a foreclosure proceeding, proceedings
for enforcement of a lien, civil execution, or under any other
proceeding or process, may sell such intoxicating liquor with
the permission of and upon conditions set by the commission. [L
Sp 1933, c 40, §60; RL 1935, §2629; RL 1945, §7281; am L 1951, c
223, §1(12); RL 1955, §159-96; HRS §281-97; am L 1972, c 177, 8;
am L 1976, c 200, pt of §1; gen ch 1985]
PART VII. GENERAL VIOLATIONS AND PROSECUTIONS
§281-101 Manufacture or sale without license; penalty. If any
person, acting in person or by or through any agent, servant, or
employee, manufactures or sells any liquor, either directly or
indirectly, or upon any pretense or by any subterfuge, except as
authorized pursuant to this chapter, the person shall be fined
not more than $2,000 or imprisoned not more than one year, or
both. [L Sp 1933, c 40, §62; RL 1935, §2630; RL 1945, §7282; RL
1955, §159-100; HRS §281-101; gen ch 1985; am L 1990, c 171,
§31]
§281-101.4 Hearing, illegal manufacture, importation, or sale
of liquor. The liquor commission or liquor control adjudication
board may assess and collect a penalty, or reprimand a person
for not having a valid license to manufacture or sell any liquor
in violation of this chapter or of any rule or regulation
applicable thereto.
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In every case where the administrator elects to conduct
proceedings under this section where it is proposed to assess
and collect a penalty from a person for not having a valid
license to manufacture or sell any liquor in violation of this
chapter or of any rule or regulation applicable thereto, that
person shall be entitled to notice and hearing in conformity
with chapter 91.
At the hearing, before final action is taken by the
commission or board, the person shall be entitled to be heard in
person or through counsel and shall be given a full and fair
opportunity to present facts showing that the alleged cause or
causes for the proposed action do not exist, or any reason why
no penalty should be imposed. The testimony taken at the
hearing shall be under oath and recorded stenographically, or by
machine, but the parties shall not be bound by the strict rules
of evidence; certified copies of any transcript and of any other
record made of or at the hearing shall be furnished to a person
upon that person's request and at that person's expense.
Any order, reprimand, or penalty imposed by the commission
or board upon a person for not having a valid license to
manufacture or sell any liquor in violation of this chapter or
of any rule or regulation applicable thereto shall be in
addition to any penalty that might be imposed upon that person's
conviction in a court of law for any violation of this
chapter. The amount of penalty assessed and collected by the
commission or board from any person under this section for not
having a valid license to manufacture or sell any liquor shall
not exceed the sum of $2,000 for each charge.
Whenever the service of any order or notice shall be
required by this section, the service shall be made in the
following manner: in the case of any violation based upon the
personal observation of any investigator, a written notice of
the violation shall be given to the person charged with a
violation within a reasonable period of time after the alleged
violation occurred, the person charged shall be requested to
acknowledge receipt of the alleged violation, or, if the person
cannot be found after diligent search, by leaving a certified
copy thereof at the person's dwelling house or usual place of
abode with some person of suitable age and discretion residing
therein; and if the person cannot be found after diligent
search, and service cannot be made, then service may be made by
depositing another certified copy thereof in the certified mail
of the United States post office, postage prepaid, addressed to
the person at the person's last known residence address;
provided, that in the case of a partnership, corporation,
unincorporated association, or limited liability company,
service may be made upon any partner, officer, or member
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thereof. [L 1990, c 171, §39; am L 1998, c 90, §6 and c 249,
§16]
§281-101.5 Prohibitions involving minors; penalty. (a) Any
adult who provides or purchases liquor for consumption or use by
a person under twenty-one years of age shall be guilty of the
offense under section 712-1250.5.
(b) No minor shall consume or purchase liquor and no minor
shall consume or have liquor in the minor's possession or
custody in any public place, public gathering, or public
amusement, at any public beach or public park, or in any motor
vehicle on a public highway; provided that notwithstanding any
other law to the contrary, this subsection shall not apply to:
(1) Possession or custody of liquor by a minor in the course of delivery, pursuant to the
direction of the minor's employer lawfully engaged in business necessitating the delivery;
(2) Possession, custody, or consumption of liquor by a minor in connection with the minor's
authorized participation in religious ceremonies requiring such possession, custody, or
consumption; or
(3) Any person between the ages of eighteen and twenty, who is participating in a controlled
purchase as part of a law enforcement activity or a study authorized by the department of health
to determine the level of incidence of liquor sales to minors.
(c) No minor shall falsify any identification or use any
false identification or identification of another person or of a
fictitious person for the purpose of buying or attempting to buy
liquor or for the purpose of obtaining employment to sell or
serve liquor on licensed premises.
(d) Any person under age eighteen who violates this
section shall be subject to the jurisdiction of the family
court. Any person age eighteen to twenty-one who violates
subsection (b) or (c) shall be guilty of a petty
misdemeanor. The court shall order that any person under
twenty-one years of age found to be in violation of this section
shall have, in addition to any other disposition or sentencing
provision permitted by law, the person's license to operate a
motor vehicle, or the person's ability to obtain a license to
operate a motor vehicle, suspended as follows:
(1) For licensed drivers, the driver's license shall be suspended for not less than one hundred
and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and
from school, school-sponsored activities, and employment;
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(2) For persons with a provisional license, the provisional license shall be suspended for not
less than one hundred and eighty days with exceptions to allow, at the discretion of the
sentencing court, driving to and from school, school-sponsored activities, and employment;
(3) For persons with an instruction permit, the instruction permit shall be suspended for not
less than one hundred and eighty days with exceptions to allow, at the discretion of the
sentencing court, driving to and from school, school-sponsored activities, and employment; or
(4) For persons not licensed to drive, eligibility to obtain a driver's license, provisional
license, or instruction permit shall be suspended until the age of seventeen or for one hundred
and eighty days, at the discretion of the court; and
(5) Chapter 571 notwithstanding, in any case where a person under the age of eighteen
violates this section, the family court judge may suspend the driver's license, provisional license,
or instruction permit, or suspend the eligibility to obtain a driver's license, provisional license, or
instruction permit in accordance with this section;
provided that the requirement to provide proof of financial
responsibility pursuant to section 287-20 shall not be based
upon a sentence imposed under paragraphs (1) and (2). In
addition, all persons whether or not licensed, found to be in
violation of this section shall be sentenced to seventy-five
hours of community service work, and an eight to twelve hour
program of alcohol education and counseling the costs of which
shall be borne by the offender or the offender's parent or
guardian.
(e) As used in this section, "consume" or "consumption"
includes the ingestion of liquor. [L 1971, c 79, §1; gen ch
1985; am L 1987, c 207, §1; am L 1999, c 228, §1; am L 2003, c
69, §2; am L 2006, c 202, §2 and c 203, §1]
§281-102 Other offenses; penalty. If any person violates this
chapter or any rule or regulation in effect by authority of this
chapter, whether in connection therewith a penalty is referred
to or not, for which violation no penalty is specifically
prescribed, the person shall be imprisoned not more than six
months or fined not more than $1,000, or both. [L Sp 1933, c 40,
§63; RL 1935, §2631; am L Sp 1941, c 89, §1(g); RL 1945, §7283;
RL 1955, §159-101; am L 1957, c 164, §1; HRS §281-102; am L
1971, c 79, §2; gen ch 1985; am L 1990, c 171, §32]
§281-102.5 Purchasing from other than primary source of supply;
penalty. (a) No licensee authorized to import liquor into this
State shall order, purchase, or receive liquor for resale unless
the licensee orders, purchases or receives it from the primary
source of supply for the brand of liquor sought to be sold. No
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licensee authorized to import liquor into this State may sell
liquor purchased or received by the licensee to any person if
the liquor has not been purchased or received by the licensee
from the primary source of supply.
(b) No supplier shall solicit, accept or fill any order
for any liquor from any licensee authorized to import liquor
into this State unless the supplier is the primary source of
supply for the brand of liquor sold or sought to be sold.
(c) The commission or board shall revoke for a period of
not less than six months the license of any manufacturer,
rectifier, wholesaler, retailer, or other licensee who violates,
directly or indirectly, the provisions of this section. The
penalty prescribed in this section is cumulative and in addition
to any other penalties prescribed in this chapter.
(d) For purposes of this section, "primary source of
supply" means:
(1) The manufacturer of the liquor, if the liquor can be secured directly from the
manufacturer by United States wholesalers, or
(2) The rectifier, the owner of the liquor at the time it becomes a marketable product, the
bottler, the importer, or the exclusive agent of any such person, who, if the liquor cannot be
secured from the manufacturer by United States wholesalers, is the source closest to the
manufacturer in the chain of distribution from whom the product can be secured by the United
States wholesalers. [L 1983, c 293, §1; am L 1998, c 249, §17]
§281-103 REPEALED. L 1988, c 383, §8.
§281-104 Investigators, employees, counsel for. Whenever any
investigator or other employee of the liquor commission shall be
prosecuted for any crime or sued in any civil cause for acts
done in the performance of the investigator's or employee's duty
as such investigator or employee, the investigator or employee
shall be represented and defended (1) in any such criminal
proceeding by an attorney to be employed and paid by the
commission and (2) in any such civil cause by the corporation
counsel or county attorney, of the county in which the
investigator or employee is serving or if permitted under the
appropriate county charter, by an outside attorney to be
employed and paid for by the commission. [L 1957, c 321, pt of
§1; Supp, §159-102.01; HRS §281-104; gen ch 1985; am L 1990, c
171, §33]
§281-105 Determination whether acts were in scope of duty. The
determination of whether the acts of an investigator or other
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employee of the liquor commission, when the investigator or
other employee is being prosecuted or sued, were done in the
performance of the investigator's or other employee's duty, so
as to entitle the investigator or other employee to be
represented by the county attorney or corporation counsel of the
county or city and county of the commission in question, or by
an attorney employed and paid by the commission shall be made by
the commission of the county after consultation with the county
attorney or corporation counsel who may make a recommendation to
the commission in respect thereof if the county attorney or
corporation counsel so desires, and such determination shall be
conclusive for such purpose only. [L 1957, c 321, pt of §1;
Supp, §159-102.02; HRS §281-105; gen ch 1985; am L 1990, c 171,
§34]
§281-106 Prosecutions not to exclude other remedies affecting
license or goods. The provisions in this chapter for the
imposition upon any licensee of the penalties by fine or
imprisonment for any violation of this chapter or of any rule or
regulation made hereunder having the force of law shall be in
addition to and independent of any other right of the liquor
commission or the liquor control adjudication board under this
chapter to effect a suspension or revocation of the license of
the licensee and shall also be in addition to and independent of
any proceeding to effect the forfeiture of any liquor or other
property belonging to the licensee as contemplated by this
chapter. [L Sp 1933, c 40, §65; RL 1935, §2633; RL 1945, §7285;
RL 1955, §159-103; HRS §281-106; am L 1998, c 249, §18]
§281-107 Presumptive evidence. In any prosecution under this
chapter, the fact that any person engaged in any kind of
business holds or is required to hold, a license from the
government of the United States to manufacture or sell
intoxicating liquors or that the person has or keeps in or about
the person's place of business or is required to have or keep in
or about the person's place of business, a receipt or a stamp
showing payment of a special tax levied under the laws of the
United States upon the business of manufacturing or selling
intoxicating liquors shall be held and deemed competent evidence
that such person is manufacturing or selling such liquors or is
keeping the same for sale. [L Sp 1933, c 40, §66; RL 1935,
§2634; RL 1945, §7286; RL 1955, §159-104; HRS §281-107; gen ch
1985; am L 1987, c 144, §1]
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§281-108 Search warrants; seizure. If any person makes
complaint, supported by oath, before any district or circuit
judge, setting forth facts sufficient to show probable cause
that any liquor is being manufactured or kept or deposited for
sale or distribution contrary to law within the judge's
jurisdiction in any house, premises, or place, or that any such
liquor is lodged or contained in any vehicle for transportation
by land, water, or air, the judge shall issue a warrant,
directed to any sheriff, chief of police, police officer, or
investigator, commanding the sheriff, chief of police, police
officer, or investigator to search the premises, place, or
vehicle described in the complaint. If any intoxicating liquor
is found therein under circumstances warranting the belief of
the officer that it is being manufactured or is intended for
sale or distribution contrary to law, the officer acting under
the warrant shall seize and convey the liquor and any land
vehicle in which the same is found to some place of security and
keep the same until final action is had thereon. When, in case
of any entry, it is found that liquor is there being
manufactured contrary to this chapter the officer may likewise
seize and convey the same to some place of security and keep it
until final action is had thereon. [L Sp 1933, c 40, §67; RL
1935, §2635; RL 1945, §7287; RL 1955, §159-105; HRS §281-108; am
L 1970, c 188, §39; gen ch 1985; am L 1989, c 211, §10; am L
1990, c 171, §35 and c 281, §11]
§281-109 Seizure without warrant. (a) If any investigator or
police officer has information which causes the investigator or
police officer to believe that liquor is kept or deposited in
any place mentioned in section 281-108, except a dwelling house,
or is kept or concealed in any conveyance, container, baggage,
or clothing which is in course of transportation along any
highway, for sale or distribution contrary to law, and if the
investigator or police officer has reason to believe that the
delay which would be necessitated by the procurement of a search
warrant would result in the loss, destruction, or concealment of
the evidence of the violation of law, the investigator or police
officer may forthwith, without such warrant, search the
suspected place, vehicle, or container; and if the investigator
or police officer there finds liquor and other evidence under
circumstances warranting the belief that it is intended for sale
or distribution contrary to law, the investigator or police
officer shall seize and convey the same, including any vehicle
in which the same is found, to some place of security, and keep
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the same until final action is had thereon. The investigator or
police officer shall forthwith, after the seizure, make written
complaint under oath, setting forth the facts before a judge
having competent jurisdiction.
(b) Any evidence seized and conveyed may be kept until
final action is had thereof. Should the introduction of a copy
or picture of the seized evidence be permitted under the Hawaii
rules of evidence, the original evidence may be returned to the
appropriate party after such evidence is copied or photographed.
[L Sp 1933, c 40, §68; RL 1935, §2636; RL 1945, §7288; RL 1955,
§159-106; HRS §281-109; am L 1970, c 188, §39; gen ch 1985; am L
1990, c 171, §36]
§281-110 Arrest; abetters. The owner, keeper, and any person
having the custody of any liquor or property seized as provided
in sections 281-108 and 281-109 shall be forthwith arrested
without necessity of warrant and brought before the judge having
jurisdiction in the premises. If the owner or keeper of the
liquor seized is unknown to the investigator or police officer
making the seizure, or if no person is found in the apparent
possession or custody of the same, the investigator or police
officer may arrest and bring before the court the owner or
occupant of the building, place, or premises, or the driver,
operator, or other person in charge of the conveyance in which
the liquor is found, if such person is known or can be
ascertained. Any person who has knowingly engaged in, aided,
assisted, or abetted the manufacture, obtaining, keeping, or
sale of such liquor contrary to law, or has been privy thereto,
or has knowingly permitted the use of any place, building,
premises, or conveyance for such unlawful purpose, shall be
guilty of a misdemeanor and be punished as provided in section
281-102. [L Sp 1933, c 40, §69; RL 1935, §2637; RL 1945, §7289;
RL 1955, §159-107; HRS §281-110; am L 1970, c 188, §39; am L
1990, c 171, §37]
§281-111 Condemnation of property or liquor; disposition. Any
still, plant, or other equipment shown to have been used for the
manufacture of liquor in violation of this chapter and any
liquor manufactured or sold in violation of this chapter shall
be subject to summary seizure as herein provided or to
subsequent seizure, and may be condemned and adjudged forfeited
to the State, in addition to any penalty separately provided for
the violation, the same to be enforced by appropriate legal
proceedings in the name of the State. All such property and
liquor so condemned and forfeited may be ordered by the court
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71
having jurisdiction (1) to be wholly or partially destroyed, or
(2) to be sold, wholly or partially, for the account of the
county wherein the same were seized; provided that the court may
order any such liquor, if suitable, to be delivered to the
department of health for distribution to any public institution
for use therein for medicinal purposes. The order of the court
with respect to such property or liquor shall be effectively
executed by the sheriff or the sheriff's deputy, or by the chief
of police or the chief of police's deputy, or by any police
officer, or by the commission's administrator, or by any
investigator, within such time as may be fixed in the order but
not exceeding sixty days. If any person, whether or not an
officer or employee of the State or any county, takes, disposes
of, or uses in any manner or to any extent, any of such property
or liquor otherwise than as herein provided, the person shall be
guilty of a misdemeanor and upon conviction thereof shall be
punished as provided in section 281-102. [L Sp 1933, c 40, §70;
RL 1935, §2638; RL 1945, §7290; RL 1955, §159-108; am L Sp
1959 2d, c 1, §19; HRS §281-111; am L 1970, c 188, §39; gen ch
1985; am L 1989, c 211, §10; am L 1990, c 171, §38 and c 281,
§11]
§281-112 REPEALED. L 1988, c 383, §9.
§281-113 Claims. If the owner or possessor of any property or
liquor seized under this chapter appears and makes claim to the
same, the owner or possessor shall file with the court, before
whom the proceedings are pending, the owner's or possessor's
claim in writing, setting forth the owner's or possessor's
interest therein, and the reason why it should not be adjudged
forfeited. The owner or possessor shall also give bond in favor
of the State sufficient in amount and sureties, approved by such
court, conditioned that such claim will be diligently prosecuted
and that if it is decided against the owner or possessor the
owner or possessor will pay the costs awarded against the owner
or possessor. If the judgment is against the claimant, the
property and liquor and all containers thereof shall be adjudged
forfeited and disposed of as provided in this chapter and
judgment shall be rendered against the claimant for all costs of
the proceedings incurred after the filing of the claimant's
claim. [L Sp 1933, c 40, §72; RL 1935, §2641; RL 1945, §7292; RL
1955, §159-110; HRS §281-113; am L 1970, c 188, §39; gen ch
1985]
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§281-114 Appeals. An appeal shall be allowed to any claimant
of property or liquor seized as aforesaid from the judgment of
the court in the same manner as appeals are allowed in other
cases before such tribunals. If the claimant fails to appear
and prosecute diligently the claimant's appeal, or fails to
secure a reversal of the judgment in the appellate court, the
judgment appealed from shall be carried out. [L Sp 1933, c 40,
§73; RL 1935, §2642; RL 1945, §7293; RL 1955, §159-111; HRS
§281-114; am L 1970, c 188, §39; gen ch 1985]
PART VIII. PRICE DISCRIMINATION IN SUPPLYING LIQUOR--REPEALED
§§281-121 to 124 REPEALED. L 1988, c 314, §1.
