Rules and Regulations - Liquor Commission (Amended 2024)

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provided further that in the case of a Class 15 Condominium Hotel license, premises includes apartments or units as defined in Section 514A-3 and Section 51413-3, Hawaii Revised Statutes, as amended, 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. "Primary Liquor Service Area" means an area where the preponderance of sales is derived from intoxicating liquors or is otherwise dominated by the presence of liquor. "Product" includes distilled spirits, wine or malt beverages as defined in the Federal Alcohol Administration Act. "Property Owner" shall mean any owner and co-owner of record of real estate, lessee and co -lessee of record, and/or any owner of record of shares in a cooperative apartment situated within a distance of 500 feet of the proposed licensed premises. "Public Hearing" is used as an agenda subtitle to mean the second and/or final public hearing held by the Commission on an application for a liquor license, at which a decision shall be made on the application. "Resell or Authorized to Resell" means the authorization to sell liquors obtained from valid holders of a manufacturer or wholesale dealer license to the general public, which authorization is granted to retail licensees holding a Class 2, Class 4 through 6, 8 through 16, or Class 18 liquor license as related to its retail operation. "Retail Licensee" means any licensee holding a Class 2, 4 through 6, 8 through 13, or 15 license, and to a Class 1, 14, 16 and 18 license applicable only to its retail operations. "Rule" or "Rules" means the Rules and Regulations of the Liquor Commission which have the force and effect of law. "State" means the State of Hawaii. "Tour or Cruise Vessel" means any boat, tour or cruise boat which is home ported in the county. "Transient Vessel" means any cruise ship which temporarily docks within the county. "Valid License" means a liquor license that has been issued in accordance with Chapter 281 and has not been cancelled or revoked. 4