HomeMy WebLinkAboutCOMM. 012 HERBERT T. MATAYOSHI *id %�� * HIDEO KUNIYOSHI
MAYOR Jw� DIRECTOR
DEPARTMENT OF LIQUOR CONTROL
COUNTY OF HAWAII
25 AUPUNI STREET
HILO, HAWAII 96720
PRESENTATION TO THE CHARTER COMMISSION
DATE: January 16 , 1979
TIME: 3 :15 P.M.
Mr. Chairman and Members of the Charter Commission:
My name is Hideo "Lefty" Kuniyoshi . I am the Director of the
Department of Liquor Control.
Mr. Chairman, before ,I make my presentation on the organizational
and functional makeup of our department I would like your permission to
give the commission a brief overview of why our department exists .
Simply put, the question is: "What are we here for?"
What is the purpose of the existence of our department? The product
is liquor. Liquor is a drug. A drug can be good and it can be bad.
Since it can be bad, and it can get out of hand, legal controls are
instituted through the machinery of government.
Therefore, the existence of our department is based upon our
preamble (the preamble represents the goals and objectives) of liquor
control. The preamble of the liquor commission' s rules and regulations
reads as follows: "The rules and regulations are adopted to protect
the health, safety and welfare of the people of the County of Hawaii
and to promote and foster temperance in the consumption of alcoholic
beverages by sound and prudent control and regulations of the manufacture,
sale and distribution of alcoholic beverages. "
As you are aware, the federal government once attempted to legislate
morality by enacting a law (the 18th amendment to the Constitution of
the United States) prohibiting the manufacture, sale and consumption of
liquor. The law did not work. Therefore, through the repeal of the
21st amendment, the federal government delegated its powers of liquor
control to the respective states.
For your information, there are two laws which govern liquor control
in Hawaii-- Chapter 281, HRS, which is the State Intoxicating Liquor Law,
and the Rules and Regulations of the Hawaii Liquor Commission.
Now, I would like to explain the organizational and functional
makeup of our department.
COMM, _
LIQUOR COMMISSION LIQUOR CONTROL ADJUDICATION BOARD
s
•
PRESENTATION TO THE CHARTER COMMISSION
Page 2
(Explain by chart powers and responsibilities of
Commission, Adjudication Board and Director of Department. )
As far as recommendations are concerned, I would like to make the
following comments.
I have worked under the two existing systems of liquor control in
the State of Hawaii (explain Kauai and Honolulu vs. Hawaii and Maui) .
Having worked under both systems, I would like to recommend that the
present organizational system be retained, that is, the separation of
the liquor commission and the liquor control adjudication board. My
reasons are three-fold:
1. The principle of the separation of powers .
I have a strong preference for the principle of the separation
of powers namely, the executive, legislative and judicial branches
of government. I believe in a system where the legislative body
makes the laws, where the executive body carries out the laws ,
and where the judicial body decides whether the laws have been
violated or not. Such a division prevents a concentration of
powers in any one body. Our department deals with one special group--
the liquor licensees. The department through its liquor commission
decides who is able to receive a liquor license and the department
through its adjudication board metes out punishment to any licensee
who violates our laws.
A liquor license involves a right to make a living. Therefore,
a licensee should have the right to defend himself before an
impartial body separate from a body which enacts the laws. An
adjudication board, separate in itself, incorporates the principle
of the separation of powers and the system of check and balance.
2 . The factor of cost.
As far as cost is concerned, the cost of operating the
adjudication board is , in my opinion, minimal. The average cost
of a meeting is less than $80, and the cost is mostly in mileage
payments. Also, the number of hearings has been reduced by half
because the present board has set up a system which reduces two
hearings into one. Formerly, the board set up an arraignment
hearing where the licensee appeared to admit or deny the charge of
an alleged violation. If the licensee denied the charge, another
hearing was scheduled--a contested hearing. The new system of
filing an Accusation and Complaint permits a licensee to have
three alternatives: (1) To admit to the charge and presence not
required at hearing, (2) To admit to the charge but request an
informal hearing to explain the circumstances which led to the
violation, and (3) to deny the charge and request a formal hearing.
PRESENTATION TO THE CHARTER COMMISSION
Page 3
3 . Commingling of agenda--Liquor Commission and Adjudication Board.
For one body to commingle an agenda, to act upon legislative and
judicial matters, on the same hearing date is, in my opinion, a
disservice to those applying for liquor licenses and to those who
are awaiting their adjudication hearing. The time constraint
placed upon one body acting as a legislative and judicial body
will become a burden. Matters such as granting liquor licenses
and adjudicatory functions should require much deliberation in a
decision-making process.
Mr. Chairman and Members of the Commission, this concludes my
presentation. If there are any questions, I will be happy to answer
them.
ORGANIZATION CHART
` . • MAYOR COUNCIL
1. Appoint , confirm, remove
commission -board members
2. Approve rules - regulations
3 . Appropriate funds •
DEPARTMENT 0 LIQUOR CONTROL
LIQUOR COMMISSION T,TQILOR C NTROT, ADJUDTCATTON ROAM)
1. Appoint , remove Director 1
1. Hear and determine complaints of
2. Grant , renew, refuse liquor violations - liquor laws and
license rules and regulations
.
3 . Adopt rules - regulations 2. Impose fines or punishment
4. Other. duties provided by law not
inconsistent with Charter
DIRECTOR-DEPARTMENT OF LIQUOR CONTROL
___________J . 1
1. Administrative Head
2. Personnel - recruit, train, remove
3 . Administrative services to:
Liquor Commission
Liquor Control Adj . Board
4. Fiscal (Budget)
5 . Enforcement and Licensing