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HomeMy WebLinkAbout2015-09-03 and 2015-10-01 Liquor Commission Agenda - RULE AMENDMENTS July 16, 2015 PUBLIC HEARING NOTICE PROPOSED AMENDMENTS TO RULES AND REGULATIONS LIQUOR COMMISSION OF THE COUNTY OF HAWAI‘I Pursuant to Chapter 91, Hawai‘i Revised Statutes, the County of Hawai‘i Liquor Commission will hold public hearings regarding proposed amendments to its Rules and Regulations. Public hearings to be held on: Thursday, September 3, 2015 1:30 p.m. Hilo Lagoon Centre, Liquor Control Conference Room 101 Aupuni Street, Unit 230 Hilo, Hawai‘i Thursday, October 1, 2015 1:30 p.m. West Hawai‘i Civic Center, Liquor Control Conference Room 74-5044 Ane Keohokālole Highway, Building B, 2nd Floor Kailua-Kona, Hawai‘i to accept public testimony on the proposed amendments. Written testimony may be mailed or delivered to the Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawai‘i 96720; faxed (961-8684); or e-mailed to cohdlc@hawaiicounty.gov, and received no later than September 28, 2015. All written, e-mailed, and oral testimony will be included in the record of the hearing. The significant changes are summarized as follows: RULE 1-13 D – Appeal to the Liquor Commission – Notice to appellant of hearing extended to 15 days. Commission’s decision shall be given within 90 days. RULE 3-1 B-1 – Class 1 Manufacturer License – Adds liquor manufactured from fruits or other locally grown products. Allows manufacturer licensee to hold an interest in a wholesale dealer licensee to comply with State law. C-2 – Restaurant License – Authorizes restaurants to sell beer, malt beverages or cider for off-premises consumption under certain conditions. Allows Director to establish perimeter and consumption area. Provides for Commission approval of a Class 5 dispenser licensee who meets the requirement of a Class 2 restaurant license to change without notice. E-1 – Retail Dealers’ License – Authorizes retail dealers to sell beer, malt beverages or cider in non-original packages (growlers) under certain conditions. Adds provision to charge for product tasting. G-2 – Class 6 Club License – Clarification that allows club licensees to host charitable functions open to the general public. M – Class 12 Hotel License – Specifies catering to include food and liquor. Eliminates need for dining and kitchen facilities as adopted by the Hawai‘i Revised Statutes. N – Class 13 Caterer License – Applies to any qualified applicant. Licensee to provide copy of executed catering contract. P – Class 15 Condominium Hotel – Adds Class 15 Condominium Hotel as adopted by the Hawai‘i Revised Statutes. Q – Class 16 Winery License – Adds Class 16 Winery as adopted by the Hawai‘i Revised Statutes. R – Class 18 Small Craft Producer Pub License – Adds Class 18 Small Craft Producer Pub as adopted by the Hawai‘i Revised Statutes. W – Allows any class of licensee to have patrons remove alcohol purchased or brought onto the premises provided recorked or resealed in original container. RULE 3-2 D-12 - Teen Event – Amends definition of teen permit to events sponsored by licensees or is open to the public. Eliminates prohibition of games or contests from teen events. Adds provision of no commingling of minors and adults. RULE 3-3 A - Basic Fee – Deletes fee for Class 7 Vessel which was repealed. Increases Caterer's fees. Creates basic fees for Class 15 Condominium Hotel, Class 16 Winery, and Class 18 Small Craft Producer Pub. Adds biennial fee for direct shippers selecting 2-year permit. RULE 3-7 C - Direct Wine Shipper’s Permit – Shippers may select a 2-year permit with a corresponding licensing fee of $96.00, thereby reducing paperwork for the department and licensees. RULE 4-2 D - Application Requirements – Eliminates requirement of financial statement. Recognizes tax clearance certificates from the State-run Hawai‘i Compliance Express to ease application requirements for licensees. RULE 4-3 D - Temporary License – Allows additional term of 120 days. Provides that if temporary license expired and no permanent license issued, sale/service of liquor must cease. RULE 4-7 A - Requirements – Allows tax clearances from Hawai‘i Compliance Express. Eases compliance requirements for licensees. RULE 5-6 Stacking of Liquor – Amends beer size to 24 oz. and pitcher size to 100 oz. Consumption directly from pitcher not allowed. Copies of the proposed rule amendments are available at the Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawai‘i; online at http://www.hawaiicounty.gov/liquor-control/, or by mail before the hearing upon request. Copies cost $1.00 for the first page and 10¢ for each additional page, plus postage. Copies will be mailed to interested persons after payment of fees for copy and postage is received. Please call 961-8218 to request copies. The meeting rooms are accessible to persons with disabilities. If special accommodations for the public hearings are needed, please make all requests at least 10 business days prior to the hearings by calling 961-8218. Persons using TTYs may call the same number. Duly Submitted: GERALD TAKASE Director, Department of Liquor Control