Rules and Regulations - Liquor Commission (Amended 2024)

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M. Pursuant to Section 281-39.5, Hawaii Revised Statutes, as amended, an application for a license which allows the sale, service and consumption of liquors on the premises within 500 feet of a public or private elementary, intermediate or high school or public playground utilized extensively by minors shall be automatically refused if. - 1. 40% of owners or lessees of record of real estate, or owners of record of shares in a cooperative apartment situated within a distance of 500 feet from the nearest point of the premises for which a license is asked have filed protests against the granting of the license; or 2. 40% of the registered voters within a distance of 500 feet from the nearest point of the premises for which a license is asked have filed protests against the granting of the license. N. The protest list shall be available to the applicant and any protestor for review. All applicants and protestors may submit corrections, additions, and subtractions to the master list and the protest list at the public hearings, provided that additions or corrections to the voter registration list shall be certified by the clerk of the county. The Commission shall rule on proposed corrections, additions, and subtractions and give reasons for the ruling upon sufficient proof thereof. RULE 1-8 VOTING. All matters shall be determined by an affirmative vote of the majority of the membership to which the Commission is entitled. If the Commission is unable to approve, deny or render a decision on any item and no other motions regarding the matter are passed, the matter shall be considered to be denied. Unless a member is disqualified or excused from voting, their silence or refusal to vote shall be recorded as an affirmative vote for the motion on the floor. RULE 1-9 PETITION FOR REHEARING. A. An applicant desiring a rehearing after an application for a license, permit or other request has been refused by the Commission, may file a petition for rehearing. Said petition shall be filed within 15 days from the date on which the notice of refusal is sent to said applicant and/or licensee. B. The petition shall allege facts and grounds for consideration which are newly discovered or mistake of facts, or any other matter of fact which may in the judgment of the Commission, be deemed sufficient to warrant a rehearing. C. The petition shall be in writing and submitted in 12 copies to the office of the Department. D. If the Commission decides in favor of the petitioner, it shall fix a day for a public hearing of the petition. Notice of the hearing shall be given to the petitioner. The Commission shall determine to whom and the manner in which notice shall be provided and petitioner shall be responsible for the cost of mailing. The notice shall be mailed at least 30 days prior to the public hearing and the petitioner shall 10