Rules and Regulations - Liquor Commission (Amended 2024)

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The Commission may amend its rules as originally presented after a public hearing. However, if the amendments to the rules amount to substantial changes as presented at the public hearing, then a new public hearing may be required. A rule which has been adopted, amended or repealed, upon the approval of the Mayor of the County, shall become effective 10 days after the fling with the County Clerk; provided that where there is an adoption or amendment to the liquor license fee structure, the approval of the County Council of the County of Hawaii shall also be required. RULE 1-12 DECLARATORY RULING BY COMMISSION. A. Any interested person may petition the Commission for a declaratory order as to the applicability of any statute, ordinance or of any rule or order of the Commission. The petitioner shall be assessed a fee equal to the cost of publishing the notice of public hearing in a newspaper of general circulation. B. The petition shall be typewritten and submitted in 12 copies and shall contain: 1. The name, residence address, and telephone number of the petitioner. 2. A statement of the nature of petitioner's interest, including reasons for the submission of the petition. 3. A designation of the specific statute, ordinance, rule or order in question. 4. A complete statement of facts. 5. A statement of the position or contention of the petitioner. 6. A memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position or contention. 7. The signature of the petitioner. C. Any petition which does not conform to the foregoing requirements may be rejected. D. The Commission may, for good cause, refuse to issue a declaratory ruling. Without limiting the generality of the foregoing, the Commission may so refuse where: 1. The question is speculative or purely hypothetical and does not involve existing fact or facts which can reasonably be expected to exist in the near future. 2. The petitioner's interest is not of the type which would give the petitioner standing to maintain an action if the petitioner were to seek judicial relief. 3. The issuance of the declaratory ruling may adversely affect the interests of the State and/or County of Hawaii, the Commission or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. 4. The matter is not within the jurisdiction of the Commission. 13