HomeMy WebLinkAboutCOM 0897.000 2010-2012 DOMINIC YAGONG �?• .+, FRED BLAS
Chair&Presiding Officer
BRENDA FORD
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PETE HOFFMANN
K. ANGEL PILAGO -' - ' DONALD IKEDA
Vice Chair •
.,�r ;r DENNIS"FRESH"ONISHI
ATE BRITTANY SMART
J YOSHIMOTO
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
October 26, 2012
•
Memo To: Members of the Hawai`i County C cil
■ ‘./"N 01\60..
From: Dominic Yagong, Chairperson "
Hawai`i County Council
Re: Hawai`i State Association of Counties (HSAC)
Letter Dated October 15, 2012 For Council's Review and Comments
Regarding State Bill Authorizing County Liquor Commissions to
Provide Funding for Alcohol Abuse Treatment and Prevention.
Attached please find copy the above-referenced letter for the Council's review and comments
on the subject matter.
Please place this item on the Council agenda meeting scheduled for November 9, 2012.
Thank you.
DY/la
Comm.No. F9 7
Ref.To• W c ►.cca
Ref.Date, OCT 2 6 2012
Serving the Interests of the People of Our Island
Hawaii State Association of Counties (HSAC)
Counties of Kaua`i, Maui, Hawai`i & City & County of Honolulu
October 15, 2012
COUNTY CLERIC
COUNTY OF HAWAII
The Honorable Dominic Yagong, Council Chair RECEIVED
and Members of the Hawai`i County Council Time 12:o3 By
k
Hawai`i County Building T "`
25 Aupuni Street, Suite 1402
Hilo, HI 96720
Dear Council Chair Yagong and Members of the Hawai`i County Council:
SUBJECT: STATE BILL AUTHORIZING COUNTY LIQUOR
COMMISSIONS TO PROVIDE FUNDING FOR ALCOHOL
ABUSE TREATMENT AND PREVENTION
The HSAC Executive Committee is in receipt of the enclosed correspondence
dated October 5, 2012, from Councilmember G. Riki Hokama, Chair of the Maui
County Council's Policy Committee. As noted in Councilmember Hokama's
correspondence, the Policy Committee is requesting comments from the counties on
a proposed State bill entitled "A BILL FOR AN ACT RELATING TO
INTOXICATING LIQUOR" that the Maui County Council is considering for its
2013 Legislative Package.
The purpose of the proposed State bill is to authorize County Liquor
Commissions to provide funding for alcohol abuse treatment and prevention.
If you are able to assist Councilmember Hokama, please submit your
County's comments directly to him as requested in the October 5, 2012
correspondence.
Sincerely,
AitALC(*(zari
MEL RAPOZO
HSAC President
Attachment.
cc: K. Angel Pilago, HSAC Vice President
AB:V:\MichalNakashima\mr 2011-2012\2012-1426 HSAC Alcohol Abuse Treatment and Prevention.doc
4396 Rice Street, Suite 209, Lihu`e, Kaua`i, Hawai`i 96766, (808) 241-4188
Council Chair a.o: , Director of Council Services
Danny A.Mateo Ken Fukuoka
Vice-Chair e I
Joseph Pontanilla • ,'
Council Members
Gladys C.Baisa COUNTY COUNCIL
Robert Carroll COUNTY OF MAUI ;_ r::" 7 t h
Elle Cochran
Donald G.Couch,Jr. 200 S. HIGH STREET
G.Riki Hokama WAILUKU, MAUI, HAWAII 96793
Michael P.Victorino www.mauicounty.gov/council 7 OCT ��
Mike White .12 I 1 0� 1 •n_..,
October 5, 2012
Councilmember Mel Rapozo, President
Hawaii State Association of Counties
4396 Rice Street, Suite 209
Lihue, Hawaii 96766
Dear Mr. Rapozo:
SUBJECT: 2013 MAUI COUNTY LEGISLATIVE PACKAGE (STATE
BILL AUTHORIZING COUNTY LIQUOR COMMISSIONS TO
PROVIDE FUNDING FOR ALCOHOL ABUSE TREATMENT AND
PREVENTION) (POL-4(2))
The Maui County Council's Policy Committee met on October 3, 2012, to consider the
enclosed proposed resolution, transmitted by Councilmember Gladys C. Baisa, entitled
"APPROVING FOR INCLUSION IN THE 2013 MAUI COUNTY LEGISLATIVE PACKAGE
A STATE BILL AUTHORIZING COUNTY LIQUOR COMMISSIONS TO PROVIDE
FUNDING FOR ALCOHOL ABUSE TREATMENT AND PREVENTION".
The purpose of the proposed resolution is to approve for inclusion in the 2013 Maui
County Legislative Package a State bill authorizing the County liquor commissions to provide
funding for alcohol abuse treatment and prevention.
At the meeting, the Committee requested that the proposal be transmitted to the Hawaii
State Association of Counties ("HSAC") Executive Committee. The Policy Committee asked
that the HSAC Executive Committee consider soliciting comments from our sister counties on
the proposed State bill. If the HSAC Executive Committee is amenable to such action, the
Policy Committee would appreciate receiving comments directly from the Hawaii County
Council, Honolulu City Council, and Kauai County Council on this proposed measure.
I currently anticipate scheduling this measure for further consideration by the Policy
Committee at its meeting of either October 31, 2012, or November 14, 2012.
To ensure efficient processing, may I please request that any comments include the
relevant Committee item number referenced above in the subject line.
Resolution
No.
APPROVING FOR INCLUSION IN THE 2013 MAUI
COUNTY LEGISLATIVE PACKAGE A STATE BILL
AUTHORIZING COUNTY LIQUOR COMMISSIONS TO
PROVIDE FUNDING FOR ALCOHOL ABUSE TREATMENT
AND PREVENTION
WHEREAS, the need for treatment and prevention programs to combat alcohol
abuse remains a constant despite ebbing social service program resources; and
WHEREAS, early and persistent intervention through treatment and prevention
programs assist not only the at-risk individual, but can reduce long-term societal costs;
and
WHEREAS, county liquor commission revenues collected through fines against
licensees and license fees should be available to benefit the general public through
alcohol abuse treatment and prevention, in addition to education and enforcement
programs, and without the current 10 percent limitation; and
WHEREAS, enactment of State legislation authorizing county liquor
commissions to provide funding for alcohol abuse treatment and prevention would
provide the counties with a resource to address the problem through revenues generated
by the very industry from which the problem stems; now,therefore,
BE IT RESOLVED by the Council of the County of Maui:
1. That the proposed State bill, attached as Exhibit "A", to authorize county
liquor commissions to provide funding for alcohol abuse treatment and
prevention, is approved for inclusion in the 2013 Maui County Legislative
Package; and
2. That a certified copy of this resolution be transmitted to the Mayor of the
County of Maui.
paf cmn:12-164d
•
Exhibit "A"
paf cmn:12-164a
. B . NO .
A BILL FOR AN ACT
RELATING TO INTOXICATING LIQUOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Section 281-17, Hawaii Revised Statutes, is
2 amended to read as follows:
3 "§281-17 Jurisdiction and powers. (a) The liquor
4 commission, within its own county, shall have the sole
5 jurisdiction, power, authority, and discretion, subject only to
6 this chapter:
7 (1) To grant, refuse, suspend, and revoke any licenses for
8 the manufacture, importation, and sale of liquors;
9 (2) To take appropriate action against a person who,
10 directly or indirectly, manufactures, sells, or purchases any
11 liquor without being authorized pursuant to this chapter;
12 provided that in counties which have established by charter a
13 liquor control adjudication board, the board shall have the
14 jurisdiction, power, authority, and discretion to hear and
15 determine administrative complaints of the director regarding
16 violations of the liquor laws of the State or of the rules of
12-164a.doc
•
. B . NO .
1 the liquor commission, and impose penalties for violations
2 thereof as may be provided by law;
3 (3) To control, supervise, and regulate the manufacture,
4 importation, and sale of liquors by investigation, enforcement,
5 alcohol abuse treatment, prevention, and education; provided
6 that any alcohol abuse treatment, prevention, or educational
7 program shall be [limited to the commission staff,
8 commissioners, liquor control adjudication board members,
9 licensees and their employees and shall be] financed through the
10 money collected from the assessment of fines against licensees
11 and license fees; [provided that fine moneys, not to exceed ten
12 per cent a year of fines accumulated, may be used to fund public
13 liquor related educational or enforcement programs; ]
14 (4) From time to time to make, amend, and repeal such
15 rules, not inconsistent with this chapter, as in the judgment of
16 the commission seem appropriate for carrying out this chapter
17 and for the efficient administration thereof, and the proper
18 conduct of the business of all licensees, including every matter
19 or thing required to be done or which may be done with the
20 approval or consent or by order or under the direction or
21 supervision of or as prescribed by the commission; which rules,
12-164a.doc
• B • NO .
1 when adopted as provided in chapter 91 shall have the force and
2 effect of law;
3 (5) Subject to chapter 76, to appoint and remove an
4 administrator, who may also be appointed an investigator and who
5 shall be responsible for the operations and activities of the
6 staff . The administrator may hire and remove hearing officers,
7 investigators, and clerical or other assistants as its business
8 may from time to time require, to prescribe their duties, and
9 fix their compensation; to engage the services of experts and
10 persons engaged in the practice of a profession, if deemed
11 expedient. Every investigator, within the scope of the
12 investigator' s duties, shall have the powers of a police
13 officer;
14 (6) To limit the number of licenses of any class or kind
15 within the county, or the number of licenses of any class or
16 kind to do business in any given locality, when in the judgment
17 of the commission such limitations are in the public interest;
18 (7) To prescribe the nature of the proof to be furnished,
19 the notices to be given, and the conditions to be met or
20 observed in case of the issuance of a duplicate license in place
21 of one alleged to have been lost or destroyed, including a
22 requirement of any indemnity deemed appropriate to the case;
12-164a.doc
• B • NO .
1 (8) To fix the hours between which licensed premises of
2 any class or classes may regularly be open for the transaction
3 of business, which shall be uniform throughout the county as to
4 each class respectively;
5 (9) To prescribe all , forms to be used for the purposes of
6 this chapter not otherwise provided for in this chapter, and the
7 character and manner of keeping of books, records, and accounts
8 to be kept by licensees in any matter pertaining to their
9 business;
10 (10) To investigate violations of this chapter, chapter
11 244D and, notwithstanding any law to the contrary,, violations of
12 the applicable department of health' s allowable noise levels,
13 through its investigators or otherwise, to include covert
14 operations, and to report violations to the prosecuting officer
15 for prosecution and, where appropriate, the director of taxation
16 to hear and determine complaints against any licensee;
17 (11) To prescribe, by rule, the terms, conditions, and
18 circumstances under which persons or any class of persons may be
19 employed by holders of licenses;
20 (12) To prescribe, by rule, the term of any license or
21 solicitor' s and representative ' s permit authorized by this
22 chapter, the annual or prorated amount, the manner of payment of
12-164a.doc
. B • NO .
1 fees for the licenses and permits, and the amount of filing
2 fees; and
3 (13) To prescribe, by rule, the circumstances and penalty
4 for the unauthorized manufacturing or selling of any liquor.
5 (b) Subject only to this chapter, the commission or board
6 and each member thereof shall have the same powers respecting
7 the administering of oaths, compelling the attendance of
8 witnesses and the production of documentary evidence, and
9 examining the witnesses as are possessed by a circuit court,
10 except that the commission or board and each member thereof
11 shall not be bound by the strict legal rules of evidence.. In
12 addition, the commission or board shall have the power to
13 require the production of, and to examine any books, papers, and
14 records of any licensee which may pertain to the licensee ' s
15 business under the license or which may pertain to a matter at a
16 hearing before the commission or board or to an investigation by
17 the commission or board.
18 (c) The commission shall also have the power to provide
19 funding to the county for public and private programs that are
20 intended to prevent and treat alcohol abuse within that county.
21 (d) The exercise by the commission or board of the power,
22 authority, and discretion vested in it pursuant to this chapter
12-16.4a.doc
. B • NO .
1 shall be final and shall not be reviewable by or appealable to
2 any court or tribunal, except as otherwise provided in this
3 chapter or chapter 91 . "
4 SECTION 2 . Section 281-17 . 5 , Hawaii Revised Statutes, is
5 amended by amending subsection (b) to read as follows :
6 " (b) Any [such] liquor license fees or any moneys
7 collected or received by any liquor commission under this
8 chapter may only be used for alcohol abuse education,
9 prevention, and treatment programs and costs and expenses
10 directly relating to operational and administrative costs
11 actually incurred by the liquor commission collecting or
12 receiving [such] those liquor license fees or moneys . [Such]
13 The fees or moneys shall not be used for any costs or expenses
14 other than those directly relating to its operation and
15 administration, except as otherwise provided by law. "
16 SECTION 3 . Statutory material to be deleted is bracketed
17 and in strikethrough. New statutory material is underscored.
18 SECTION 4 . This Act shall take effect upon its approval .
19
20 INTRODUCED BY:
21
12-164a.doc
4,tY OF ,
DOMINIC YAGONG :'gyp:'•�� ' .+,, FRED BLAS
Chairperson ' ." \ lee BRENDA FORD
•
- •c am S..fr:•t PETE HOFFMANN
K.Angel Pilago ""_ DONALD IKEDA
Vice Chair okt a 0).t,i>`, DENNIS"FRESH"ONISHI
�°`"0 - BRITTANY SMART
J YOSHIMOTO
HAWAI`I COUNTY COUNCIL
County of Hawai`i
Hawai`i County Building
25 Aupuni Street
Hilo, Hawai`i 96720
October 26, 2012
Dominic Yagong, Chairperson
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i 96720
SUBJECT: COMMUNICATION NO. 897 : STATE BILL AUTHORIZING
COUNTY LIQUOR COMMISSIONS TO PROVIDE FUNDING FOR
ALCOHOL ABUSE TREATMENT AND PREVENTION.
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawai`i, this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Governmental Relations to the full Council for immediate action.
In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is
granted and the matter be placed onto the next Council agenda for review. However, in the event
this request is denied, for whatever reason, I understand the matter shall be referred to the
Committee on Governmental Relations for placement on its future agenda.
Since 1
•
rj/K. Angel Pilago, air
Committee on Governmental Relations
Appro d/Date/Waive`o
k ,L(5e/N6
Council: Disapproved/Date/Refer to GRC:
(/yw.,wc.
t�J
Dominic Yagong, Chairp on Dominic Yagong, Chairperson
Hawai`i County Council Hawai`i County Council
KAP/jks
Serving the Interests of the People of Our Island
Hawaii County Is an Equal Opportunity Provider And Employer