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L�,,MAIL*o COHDLC"*@'H.AK W.A.-Ilkwo
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, Introduction: Department of Liquor Control
Rules and Regulations
Hawai'i Revised Statutes, Chapter 281w Intoxicatin#
%Wff
Liquors
MZY o� H�
C. Kimo Alameda, Ph.D. �• yin 4�i,i1���,�
Mayor
William V. Brilhante, Jr. - •
Managing Director +r•:; �: ten':•*�`
�TE~af: -i+�•�
Merrick Nishimoto
Deputy Managing Director County of Hawal"i
Department of Liquor Control
Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii 96720-4261
(808) 961-8218 • Fax (808) 961-8684
E-Mail: cohdlc(�i}.hawaiicounty.gov
DEPARTMENT of LIQUOR CONTROL
Stacie T. Waltjen
Director
Department of Liquor Control: The Department is a regulatory agency of the County of Hawaii
consisting of the Liquor Commission, the Liquor Adjudication Board, a Director and necessary staff.
Its primary function is to regulate the manufacture, importation, sale and consumption of intoxicating
liquors. Liquor license applications and enforcement of the liquor laws are principal activities of the
Department.
The Director is the Administrative Head of the Department which provides clerical and administrative
services to the Commission and the Board, processes license applications, investigates violations of
the liquor laws and assists Licensees.
Liquor Commission: section 7-3.2 of the County Charter, County of Hawaii, establishes the Liquor
Commission consisting of nine members, who shall be appointed by the [Mayor and confirmed by the
Council. one member shall be a resident of each council district. The Liquor Commission has the
authority to adopt rules and regulations having the effect of law in the County and to carry out the
provisions of the liquor control laws of the state; grant, renew or refuse applications for liquor licenses;
and has such other powers and duties as may be provided by law, not in conflict with County Charter
provisions.
Liquor Control Adjudication Board: section 7-3.3 of the County Charter, County of Hawaii, provides
that there shall be a Liquor Control Adjudication Board consisting of five members, who shall be
appointed by the Mayor and confirmed by the Council. The Adjudication Board shall hear and
determine all complaints regarding violations of the liquor control laws of the state or of the Rules and
Regulations of the Liquor Commission and shall impose fines or punishment as provided by law upon
the conviction of a violation.
How it Works: A person decides to open a convenience store selling liquor or to open a restaurant
serving liquor. This person contacts the Department. The Department, through its staff, will review the
licensing procedure with the person and provide the person with the appropriate forms to be completed.
After the forms and required documents are submitted, the Department will prepare a report for the
Liquor Commission. The Liquor Commission will then hold a preliminary hearing to review the
application and the person applying for the liquor license. Later, a public hearing is held to receive
public input. The Liquor Commission, within its discretion, will approve or deny the application.
After the person has a license (now referred to as a "Licensee") and is in business, staff investigators
will make periodic checks on the premises. Perhaps it is uncovered that the Licensee sold liquor to a
minor. A report is prepared by the investigator. Charges are brought against the Licensee and a
hearing is scheduled before the Liquor Adjudication Board. The Board, acting as judge and jury, will
listen to the parties and will determine whether the charges have been substantiated. If yes, the Board
will choose either to a reprimand, impose a fine not exceeding $5,000 per violation, suspend the license
for a certain period of time or revoke the license.
Hawaii County is an Equal Opportunity Provider and Employer
����������������~0�����������������R���������S0���
�EPAR�NIEN����IQ�OR���������F TI-11�
�A.WAV0`S"FATT OF IIAWAPN
F)&RZ'L RD-IS(}1" Plk.ACl-k�E
l-)
���uidmo�----------............. -------...... --------------..l
\-�
/\uUmdty....... ........ ...... -----------------....... -----------..6
l-�
("011sU'uc0.011 ...... --_---_............... ---.............. ---
h
l-4
L.iroita4iono[}ur sdiodmn-------------------------------6
1-5
����'
�
l45D6eadngs----------_---_----
........ ........ -------...... ----7
A. N'n\ice ............ -----........ --...... ---............... --------........ —.7
B. Fi)ingA,pp}ica1ions` When ......... —................. ......... --............ .......................
7
[`. Nodce, Annlcadooa,Adjudications ---------------------.7
D. Separate Dear ous ------------------------------..7
F`�'. S t i Pula1ioos........... ...... .......... --...... ....... --....... -----................ —.8
F. JudioicaLR.evie-w..... ------................. ----.... —....... .......... —......
8
1-7
IInotests-----.......... -------......... --- ................. ---- ........ .......... --..0
1.-8
Voting ......... --............. .................................................. ----...... ................ —.
l0
)-9
Petition t"ox Bebearng--------------------------------.
iO
1.-10
11ub\icln1"booadoo....... —........ ....... -------................... ---------
)]
i-1 |
A.d-opdoo, Arne-tx(ownt orKepeal ofRu\cS----........... -----................... —.
l�
A.. I'Ietb\on.................. —....... ...... ---........ ------...... --............. —_
lZ
B. Procedurea......... --------................................ ---............ ---.
l�
[ec\ao/tmryRuUoghv............. -------....... —....... ................
13
Appeal to the isstmm...... ----...... ---------------..
14
1-14
Fili1--igCun4p}uicty—..... ------...... —......... --....... —.... -----......... .
15
1-15
('.'uu,Se t'*01- [}isC' lioC---------------------------------
15
1-18
l-JcZoiocys, Aroan/Uncy Coodidoos... ....... ----......... ............... ...... —........ ....... ..
15
1-17
/\uffim-1zec Reoreseztatives—...... ----.............. ----.................. --........
18
1-18
Furdner Annioc,-iti(HIS ----------....... --------------------
l7
PART D.C."OMMISS[ON,BOARD, Dl�C"FO8
�-� �iqu�r(�onoojssiom---------------------------------.}7
�-� Li�uor(�onUml/�diudic��ion%�azd-------------------------lg
-2`3 Director ofthe Luf[iguor('on1rol... ------............................... --..i4
��1,11.LICENSES, ��M.1of S,FEES, IJOURS
3-1 Licenses, Classes ....................................................................................... -----..�0
A.
General ............ .................................................. ..................... ......................
2U
B.Ckssl.
Manufacturer License .... —..................... ................................ —..2O
C t.(�b���2.����aurumLL�ouse-------------------------.21
D.("kass
3.Wholesale Dealer License ----------------__---.2Z
E.
Class 4.Retail. [)eaberLiceose...................... ......... ........... ............. ............ 23
l.General ----------------------------------23
2.[)�' .................. --------------------------24
I(""itift Baskets ...... --.................. ---------------------..25
F.(."lass
5.[)isnenmerL i cez,se------------------__-----..25
}.G'eueru—................... ........................... ................... ........................
..... 25
2. Relating toCategory C---.......... ............................. ............... ............ 26
3.Relating bm Category [)--........... ..... —...... ............................ ...... —..2b
(�.Class
8.Club KJoersc........ ................... ................. —.... ............................
.27
B.
Class 7.Reserved ............ --................. —............................. ...............
—.20
L
Class 0.Transient Vessel License ............... ----.................. ....................
28
J.
Class g.Tour ozCndse'Vessel License ........ ............... ................ ...............
20
K.
Class l0.Special. —............... —............ ....... ............ ......... —.......
........ 20
11,,.
Ckzss}L................................ ------------3O
��.
(�bxssl2.K&o�\Kjc��c---------------------------.�O
N'.
Ckams}3.Caterer I.J.cense...... —........ ...... -----------------.31
l.Apn�a1bon--------------------------------3l
Z�u��ng ' --------------------------3l
(}.
Class l4. Brewpub License -------------------------.32
P.
('Iassl5.{]ondot-niu.i.tuu}lotel.License.... ................................ ........
---35
Q.
Classl6. Winery License ............................................. .......................
—..... 35
El.
("basI8.Small Craft Producer Pub License .............. ......... --...... ..........
37
S.
Re1alerPurohsses------------------------------4U
T.
Vessel ____________________----------..40
U.
No ' io'UoUoeosedAreas ...... ................ ............ .................
.4U
V.Entertainment-
.... —........ ---.... ... ....... .................... .......... --............
40
VV.Resealed Ijqoor—...... ................ ............................. ....... ............................
4U
.X.
ries................ —......... ........... ....... ... ---................... —.....
........ .4i
3'2 Permits ----------------------------------------4l
A.
(�eoeroProv��u�-----------------------------..4\
B.
Restrictions on ' Activities .... ......... ................. .............. ................. 4l
C.
Application ..................... —.................................... ............. ................ .... ..4l
Dv
Types of Permits ---........................ ---........ .............. ....... ............... 4l
LA\teraftooPeoni...................... ....... —.......................... ............... --4l
�.Entertainment and Consumption Peunft for Classes l,3and 4
3.Gaoze Pen -nit ...... ....... ....................... ....................................... ............. 42
4.Solicitor FenDd................. ............ ........................................................ ..42
I
6.A!cobm\PurohasePeoriL------------------------43
7.lndividuu 'ouof�' Pernib.................................................. 43
8.Minor EntertabnrnrntPermit ................................ .................................... 43
g.Trude Show ................. .................................... ............. ....................
—..44
\O.Private lost ........... .................... —....................................
.................... 44
\).Pnoduct]astiog................... ...........................................
—..................... 44
112W.T'een'Event.............. .... —................ ... ..... —.......................
............ --45
_3-3
License Fees, Pcrnd1Fees, Schcdule.---......................... ............................
... —45
A.
Basic Fee .... ............................. ............................. ....... .................
........... 45
B.
Fee ....... ....................................... ..........................
............... ..47
C 1.
Cmn��u��ion---------------------------------47
3-4
Licoise Fees; When Due:,low Receh^ed--....................... --......
........... —......... 47
A.
Fees Due, When ................... ................................. .........................
........... 47
B.
Change ioHigher Kind orDifferent Class ....................................................
48
(�".
Change to[znwerClass nrKind. ---........... —... .............
.................. —48
D.
Forl"eitureofFees; Wbeii—.......................... ...... ...................
..................... 48
3-5
Final of Fees Upon 1'ronat-erof License ......................
............. .... 48
A.
Final Report and Percentage Fee hv'Fraus[erur............................
............... 48
[l.
FInal Report and Percentage Fee hvTraosfieree-Wben........
...... —............ 48
3-6
("Tn/ssLiquor Sales Report, Percentage Fee, Records, Paynients..---------4g
A.
Filing ......... ......... ................................................. ............ .......
................... 4g
B.
Adze-nts ............................... ......... ----......... ................
................ 49
C.
Percentcage Fee Due�When ............................. ........................................
—.49
[}.
Records and Accounts .......................... ....................... ..... ..........................
4V
E.
Payri.i.ents ........ ................. ...... ........... ......... __.................
.............. ..... 5O
3-7
Direct
Shlprnen.t o[Whne byVVineries—............................... ......... .........................
5O
3-8
1lourso[.Busioess
..... ...................... ...................... —....... ..................................
--.5l
A.
Rotaj\Deu}er ............... .............. ............. ....................................................
5}
B.
C`|ubs,Dispensers, ReStuurauts,and Tow- orCruise Vessels
................ --5l
(�.
Gobar�s-----------------------------------.52
D.
��,C',tou'f.*aut"LocNt,sand Wholesalers ................ —................ .........
—................ 52
F. Caterers ...... ........................................ .... ...................................................... �2
G. Special ....... ......... ...... ..................... ........ ....... ....................................... .... 52
8. 'BWineries and Small ("ral"tPubs ......... .................. ..................... 52
PARTIV. PROCEDURE FOR A LDCENSE
4-1 License ReqUired ................................. ...................................................................... 52
4-2 License Application .............. ........ ........................ —...................................... ......... 5 2
A. Forms ........ ................................... ................ ......................... ...................... 52
B. Fi\hnrFee ................................. .................... ......... ..................... ---.—..53
C. License Yem�--------------------------------..53
D. Requirenients ... .............. _—................. .................... .......... —53
It
�.
Tr��t�rAnn)ica1om--........ ...................... -----............. -----..54
(].
Tmuror ('.".'ruiSC Vessel C,',-trud, Tratisiera Vessel f ioe t'i s e Aopl�t,-t ti. t s -----..5 5
H
With Federal, State �,tn.(I Cou���iret'rieti-ts.......... ........... .55
(.
Ac�iidcms,�Vitu6�wa1s---------------------------5�
I
�nv e r simns,M erg ec................. --........ ----------.......... —_-156
'K.
Notice uf"Majliugio ()wrez .... --------........ ............... .56
L
Final, b.snecdoo......... ................... .... --.... ---- .............. ........ -----57
M.
Approval aocKssuatweol"[iuose—.......... --........... —.......... ....... --..57
N'.
fSSuaoCCofC'er&zinL,1CLI'lzseshv1".)izector—...... ................ .......... -----58
(�.
[)udbUoadon('.'os-t[)cxosi1s....... ---.......... ...... ----................... ---58
P.
1"Iu|lic............................. ...... —........ --.58
Q.
DcensedPremdses.... --...... --...... ---........... --.......... —........ —58
R..
Cmtiditions...................................... ...... ......................... ........... ........ --58
S.
Manage men ... ---............ ........... ............ ---.................
58
l[
I.,iubi/ityInsuruoce.... ......... ........... ----------------..58
4-3
ruryI.icemse................. —.............. ....... ...... ----............... ...... ----..5
9
4-4
Reserved
----......... --................. —....... ....................... ---.... —........ ---6O
4-5
Reserved ----..... ----------------------------....... .......
W]
4-6
ions, Partnerships mu[Li.roitedI.iohiU {�N-npan.-'es...... —........... --..6O
A.
TrZttzfermf Stocks or Memhutezest---...... ---_—............ --60
Q
of, ('..""orporate,O[f�icer l)ireckx, Meober iger........... --.6l
(�.
Part,uersb.......... ........ ....... ----...... ........... --.......... ......... --6|
}. Death or Wid(frow-a\of par-t-ner--....... ----........ .............. .............
6\
2. ��rna��nzo��ar�x�--------------------------..6}
0.
Adro1. s sionmrVYithdhawe|n[L�boitec 1)urtu.cr--.......... —.......... -----..6l
E
Rccndreoen.ts...... ......... --- ......... ............ ------6Z
4-7
Renewal
--------...... ........ ------......... —_--........ —............ ----.62
A.
KCou����it'.s......... ...... ........ _________............. ___........... __..62)
B.
('."'mn�bkons.... .......... -----------------------------62
5-1. Reuords—_--------------.............. ----............ —....... 64
A. Reglstrtiou................. ........... —..................... ......... —..d4
B. Records -----........... ................. -------------..... --........ .64
( i. nn----....... ....... ........... ............ --.............. —..................... 65
5-2 Pel,smoioActive oI" Preruises...... ........ —........ ......... ...... --....... —.......... 65
�-3 Ni:otml ufPersonsinActive ofPrerzises--........ ---........... --66
5-4 (..'(".)mduCtoffmxd Persons in Pretmisee Li.certsed �n
C Or1S'urrI' ".1"bereuo--.... ......... ....... ................. ---............ —................. ........... 66
5-5 Preparation ofI)rinks........................ ......... ------................... —.......... ........ 66
A. Locadun.......... ... -----... --------............ ....... --.............. —.66
�.)t I " - I ty
�-� Stack ---------------_-------------------.�7
�w'm��' r------_---------------------_-----67
5-7
0ui-bLV,o1.:,L\(1umr......... ----....... _----_--------...... --...............
('�7
5-8
1")rcnn/ses, ....... .... -----------..... —... —_------..67
A. En{rc,--tnccs—........ ---- ... —.... ---------...... ---------.......
67
B. Access cmCertaio[/o\icenscd,Pretziscs—...... ........... ............. ---_-67
-----......... ... -----------------...... —.67
�-4
Enm')l^ycc R-CcuirCj\oNfi,-Ainraio()r(-.1ec........ ........... ------------.........
60
5-10
Pmssessiunof."U rI.....,cawsuo(t Otbff�C('uirCc f'.)oCVumucutS......... ----....... —68
Fetopmra-rY("'tosinao[Liccn. S edPrcn'liaC S—...... ---_............. --........... ..........
b8
Suroetidermf," License i/pooRevmco1boior("|osingufBuSHoC-as.lo',ictiVC_----.h8
A d v c t-tIsCoI.Cocs-------------------_—_............ ___----__..64
.A. ...... -----...... ______________6(--
B. Li�uorn��--------------------------------�A
��o
�-l4
�r����an��s�0nuu1bnr��dLJse--------------------------.b9
Sale ofLiguurVVithomLoL<c����--------------------------.6g
5-16
.----------... ------- -----------.... --7Q
/\. [)ISmruuis—............... ---.......... —....... ----............... —... ..... --7U
13' QUC"111.t1't'y ........ 144-k-4- ....... -...
70
C". C000biuuimo13ack.oges......... --------...... --..... ........................ ..70
[). C mzsuoierPnuundons—......... ---...................... .... --........... ----7O
E. Stock,Rmui1e, 1)dcing......... -----.......... ---------........ ---.7i
E BC.tu ([icensce,�oUci��ioo�-----.-------------------7l
(�. RLC t.ul Uceo.see Solicitation F"Xet,111' S-------.......... -----_—.7i
5'17
Licemsos,Su or1,zacti��............. ----............... --.... .............. ......
71
h-1
(iencraiPno61hbious........... —....... —.......................... --...... ------.........
7|
A. [iguorShall Not Be Sold or FurnisbC-d--.................. .................. ............
7l
13. [[n|m/t"ul.......... ----...... —_—............ --...... ----
7)
(�. [)i�or�edy Per�u�s- Persons lJnc�r the ln�oence o[[i4umc--------.72
D. Minors III Licensed. yrenoises....... ........ —............ -----.............. --.7-2
l.F,1,ogpioyees—...... .......... —......................... —........ ............ --72
�.MiuorPatron inR.etC,--,-tUI)eutcr~sPreouises................. ----................
72
oio9...... ----.................. -------......... -----........ ----
73
4.�u��oinro�o�am]C)a�in�------------------------7�
5.C.ouc e rts---...... --....... ....... --....... ---....... --------..73
6.Games ........... —.......... -------....... —......... ----------..73
7.(.-,'.'oot-ests-----------------..... -----........ -----..73
8........... ---------......... --.73
q.ProbibitiooS----......... ----............. -----------..........
73
E. BuSinCSsPracdoes�, Exceptioo------...... ....... --- ....... ...... --.........
7.3
6-)
Drive -In Retaj]SaJes Permitted ............. ................. ---....... —_-----...... .74
6-3
Procdcesto Prouiote('.."onstonpiion o[L,.,iq.uocNohibit-ec.............. ------.... ..74
�-4
Niise-------------------_--------_-------4 ..----74
A. Noise Prohibited- ----................... ............. —.... .......... —... -------74.
v
'B. {)e-ftibons—.................... ....... --................................................ —......... 75
C,. Zonitig [)istckcts---............ ................... ...... --.......................... ---.75
[). Noi.seLevels ... —....... .............. —... ..................... .............. ...................... 75
'E. 'Violations', D�aud/FbxedPremises............. ................................ ........ —...... 75
F. Viotations, Vessels bz17ruo.sb—................ .......... ---..................... ........ 75
(}. �uibor1ytoAr�cnd��ViscI�ve�---------------------..76
PART \/I . SE\7ERAB0L[TY
7 SeverubiUxv............. ...................................... ............... ...... .................................... 76
vi
'11"t LJ t, E S k N D R E ("I'. I � 1-, A "1" 1. 0 N'S () 114"T 14 E I, I Q LJ 0 R. 'ONEMISSION
DEPAR"UMEN"I" 0F'LAQ1J0R. ("'ON"'i"ROL, OF "I't-IL,
S'TATTJ OF [JANVAH
Pursu,C-iti,t to cat-i.d by vi't-114C t.110 �-`Mdl()rlty set tZ.-m-th I'l.-I '281 (,--trid C'."hapter 91 of'the lla\,valwl
R
w C"har--ter- of" the 1. 7 f t I .ev1,,,;ed Statutes, (,,,is arnetu'led C11"Id At ide V11 C"hapte,- 3', and, Sectiot
C.'OL111ty' ('A" Hawai%i, the t.,1quor co I'll 1--n i SS] (-m of' t-11C 01"' LACILKI)r' C'(--,mtr-(.)1 ot."the of:
Suatc of 1, ad,(.1% the rt-d.cs and ms of" the Liquor as hercc-tftct,
pr(.--)v)dcd-
Pat-t L RLI.,ES OF PRAC.1.1"ICE
4 DEFINT"I'lONS. W(-(Is-(.Is i.iscd iti tl-wse rt,dcs atu] re-gtilatiotis iti thC SM0111c"ll-, InClUde
'R Ul..� I1 -1 C .
the P1. 11-c'11, C,--uid vice versa, words of any gender include any other act-uler. W'(-A-ds
defined in Sectk-m 128 1 .- I of." the I k-,iwal"l Revised Statutes, as ati,-iended, shill hl,c-,ive the
sat tim-miti.o, whereVff Llsed hereill.
"Adjudleafion lleating" t-rieatls �.,i pr(.)cee(1in.g 1'w1d j)UrSL1-.',,-1t1t' U) SCCti-011 2-81-9-1-1
�,.l "i Revised Sta,tutes, as --u-neiided, , itl wi-lich it is proposed to rev(,-)kc Of- SUS1.)CIld
ce CCrany CCIISe ISSLIed, of- assess and collect a pet.i.alty, Or reprmmi id fin.see. ...I"
he
he
sutiat,tic,'-iry revou--itloi-i of" any specicd license is not included wld-,i.in the scope of this
tet'rtl,
A -ib'eiit Noke" t,neari-s the t(--)t�cd "M)LItids M C,-:t aiven pk-tce a-t-id, un-w
n I I ItV 01
Of the SOL111d, c(:)ntribUt10,11 ONIAC SpCCIfiC SOLH-Ce being tneaSUI-Cd.
AplAicat- ft" tneat-is a persori who I'm filed, C-u-ly cipl..flicatior-i 11(1uor 11(lel'Isel
1:1(-Yreet'rient, per,n,ilt or its like, for coti.sidenc-tuoti 'by t1w I".) i rec u.-) r (..)r
o 1-,1-1 Ill. i S s i 0 11
"APPIlicatlon" tlwans die apphcat'1011 (")I' the reqUired f6l"ITIS Llsed. M. rrr.�� �:irrthe
tI
reqt.test a,"r).Cl ariv C(Altaltie(-:1 therein t'()r a, hqt,-tor 11cense., rulewal. or ti-anst" -I-
thereof, per-t-nit or the of" cot-I.Altions pk,wed (-.)n a, 11consc or a perrnit ca-tiy
othet- request or petition, atid ari,v 4:)t1ler foriil.s or docuri--ietits w1ilch tnc-iy be prescribed
from tu'lle to tin -le by the C"'Ol'Tunissioll.
1.) yr t ].-I C
"Authorl*zed Agent" tn-e�,--uis a persoti \Vrl,l() is autt-lortzed, iti. writin(:), or iti. pers(-..-)n
licen.sce or applicatit tC) ClIct, I.."or be t[ic represetlt,,,:it1ve ofth.e hceti.see (--)r capphc�a,nt ill.
Corritrdssloti or 13o(,--ird, proccedings.
dcoh.(--)Hc (1i:'nks * r-d a ti c c
artendet" n.-waris a Persoti, wh.o prcpC,-tr-cs (-)r ti,iixes I 'I in acco
with established recipes atld, procedur-es.
Bward" niewisthe I..iCILIOI'C"(')n,tt'-ol,A,(Ijtidicatioi.i Board of the Couti.ty ofllmvc�-wl.
f %mises liquor service in,
"Caterer" n-ieanic s any lensee who provides of -pre
I
connectiot . with the service of food at catered finctions as provided in
Section 281-3 1, f-lawai'i'Revised Statutes, as amended.
"Commission" means the '[,,Iq'Ll()r (,'.,'otn.rnission of the ("OUTI-ty of Ilawai'i.
"County" means the C'OUtIty of 1-1a,wai'i.
"'Dancing" means to triove YOUr body in a way that goes with the rhythlil and style of
Music that, is being played.
"dBA" means a unit or met"ISUrcuient of decibels at the "A" level. The ".W'v level is
the total level of all noise as measured with a sound level meter using the "A"
weighing network.
"dBC" means a 'unit Or MCC"ISUrement of decibels at. the "C" level. The "C... levcl is
the totc-il level of all. noise as t'Yie(aSUred with a sound level meter using the "C"
weighing -network.
"Decibels" 013) nicatis the Unit. I"('.)r ineaSUring the volume Of SOU,nd equal to 20 tinier
the log-arithtil. to the bt,,,tse 1.0 of thc ratio of the pressure of the sound meaSUred, to the
reference presSUre, which is 20 rnicrop,,C,iscals (o.0002) dynes per sqUare centirneNter.
"Department" means the Department of Liquor Control ofthe County of flawai'l.
"Direct Shipment" mearis the transport of intoxicatina liquors fro-ai a valid holder of-.'
Ln
a inanuf<WtUrerls or wholesaler's license within the State but not within the County of
Flawai`i, 'to the holder of a valid hqUor license authorized to resell SLICh liquors ill. this
county, T)Irect shipment is appt.icable to shipments on orders placed by those holding
valid solicItor's Permits; to pool buying agreements pursuant to -law- which provides
that liquor shipped me-iy be retrieved by the licensee or a, licensed common carrier Cor
delivery to the retail licensee.
"Director" means the Director of the Department of Liquor Control of the County of
I lawai'i..
"'Draught" or "Draft" beer means a product which has been packed in containers of
one gallon or more and is drawn from a tap or spigot, whether pasteurized or not, or
beer which is bottled or canned, and, if not pasteurized, has been sterile filtered.
"Gratuitous or Purely (J'rrafttitous" means costing nothing; free; not involving a
return benefit or compensation or consideration For anything.
"Growler" means a recyclable or reusable container that does not exceed one gallon
which shall be securely sealed."
"'Host or 'Hostess" means a person who is either compensated or not colT.Ipensated
and allowed to sit with patrons, whether or not the individual, employee or entertainer
2
is consuming nonalcoholic beverages while ir . the company ot'patrons. The host or
hostess shall only be allowed, to be employed or utilized under a Class 5 Dispenser,
C."ategory D, liquor license. In other classes licensed for conSUMptlon thereon, a host
or hostess shall be described as the person who greets and seats the plet),trons.
'41ndustry Member"' means any person engaged in business as a, distiller, brewer,
rectifier, blender or other producer, or is an importer, wholesaler, or retailer.
44 0
1.,icensee" includes the holder of a license and all, agents, servants, and employees of
the holder of a, license.
44. Liquor C.ard" ni.eans a card issued by the Department to a person, in active charge
of the ficensed premises, or to a person 1.8-20 years of age, who is dcerned, qUalified
. an examinadon on liquor laws.
by the Department upon successful completion of' I
4 i "Meeting" mcans the conventng of the ("ornmisson or Board for which a quorun-i is
required in order to deliber�tte and niake decisions on ttiatters over which the
Commission or Board. -has Supervision, control, Jitrisdiction, or advisory power.
"Minibar" means an enclosed Ullit Off.'erincy a selection of intoxicating liqUors in its
original packages whIch is located in Cr hotel or condominium hotel guest room. with
(a) access restricted by ti-i,eans of -(-i locking device requiring the use of a key, magnetic
card or similar device; or (b) if there is no locking device installed, stocking of HqUors
shall be perinitted only at the specific request, of the adult gUeSt.
"Ne-w License Or Original Ucse" nicans a license which iissued f0
r the first
time. The reference in, fiqUor laws pertaining to applications for a new or original
license requires that the applicant follow application procedures pUrsuant to Sections
281-51 to 281-60 of the U-1awai"I. Revised Statutes, as arnended.
�4-Noise" means the presence Of SOUnd, as measured by standard testing devices, of a
volume or in qu-antities and for durations which endangers human health, welfare or
safety, or property, or which unreasonably interferes with the comfortable enjoyment
oflife and property in the county.
4abl'shment" means
"Off -Premises License, I icensee, or st I Eany license, licensee or
business authorized to sell, liquors in, their- original package For consumption off the
premises.
0
"On-Pre-mises License, L4 leensee, or Establishment" means any license, licensee or
business authorized to sell 11+101-S 'for consUnIption on the premises.
"Preliminary Hearing" is used as an agenda subtitle to mean the first cif" two pLIbliC
n corn. an, application for a liquor license.
hearings held by the Cornmissio
i 1$ 1 -ica property that houses the "Premises or III.Acensed Premises" n ns the Wilding and pr(,
establish,nient for Much a license has been or is proposed to be issued; provided that
in the case of a Class 12 Hotel license, "'premises" inclUdes the hotel premises;
K
pr(-)vided further that in the case of a ('.,:"lass 15 ("'ond(I'u'ni1IiLI11.1 110tCl. license, premises
ilICIU,des ,:tpart-n-ients or units as det"ned in Section 5 14A-3 and, Section 5 1413-314
tlawai."i Revised Stauttes, as 4,tt-ncnded, that C"I'l-C LIScd t,('.) provIdc tran,sient lodging fior
periods of less thcan thirty days under Ca written contnc,,ict with the own,er or owners of
cach uriit in, and con-inion, elements for caccess PUrposes as established by- dic
declanc-ttion ofcon dotuiniurn. property regit-ric oftlic cotidotnilliAH11 hotel . . ..... provided
t :4. Urther tt if ' ni establislinen -it is in a retail shopping complex -the businesses of
hca(,
which hZ-t\!!,e formed a merchants associatioti., ""premises means the estZiblishm e n. t. A s
used, in this defitnition, k,a.estabhshn-iem TI rneans a single physical location where dic
selfiti,g offiquor ulkes place.
44,Prixuary I.Aquor Service Area" i-nears an C-"trea NArtiere the preponderance of'sales is
derived from intoxicating liqUors or is otherN%rise don-iinc-ited by the presence ofliquor.
64 r . 1
Product" includes distilled spirits, wine or nu,- beverages as de.fined, in the F4 "edertal
Alcohol Adrn.inistrafiot-i. Act.
'Troperty Owner" slit,,-d.1 ni.can. any owner mid co-owner of record of rea] esu-tte,
lessee and co-Jesseof record, and/or anv owner of record, of shares in a cooperative
ap'C'UtITICIlt Sitb'ited wiffiin a, distance of" 500 fect of the proposed lie ci-iscd, pretnises.
"Public I-learing" is used, as an agendt,,"i SLIbtitle to niecan ttw second, �a,nd/or filtial
public 1-waring field by the (',,'otumissiori. on a-pplica,tion tor ca liqLIM license, at
wfiich (-t decision. shall bc niade on the application.
Ile ell or Authorized to Resell" tneans tile aUti'mrizc,'ition to sell liqtiors obtained
frot-n v,alid holdet -s of a t-n4a n u 1:1--ic t u r r (--) r w Ii o I c s a I e deal. e r I i c e ri. s C to t h e ge I.I.0 r( 11.) -u b I I. C I
WhiCh d'Llthorization is gnCiii.ted to retail licensees holding a Class .2. (::;:"la ss 4 tfuOLIgti 6,
8 through 1. 6, or Class 18 liquor I icense. as related to its retail operaijot.).
"Retail I Jicellsee,41 n1eatis atiy licetisee holding a Class 2., 4 tfi.rough 6, 8 through 13,
or 1.51, ficense, and to a Class 1, 1.4� 16 and 18 license applicable oi�i.ly -t(-.) its retail
(-.)peratioris.
"Rule" (..)r '"Rules" n,-wcatis the RUICS and RegUlations of the, L,iquor o I'll. III. i S s i o n
Much hliv-e the. Force and effect oflaw,
O"Stat: e" rneails Itie State off.-Jawa,iI.
Four or Crulise Vessel" meat'is any boat, tOUr or cruise boat is hotne ported
irt the count-y.
"Transient Vessel" nicans any CrUiSe Silip WhiCII. temporarily docks within the
COLM.ty.
I'ValId License" mean s a IiqLR')I- fiCCTISC thta,t has been issued in �;tccordzai,ice with
(::"lip pter 2_8 1. C,--md luts not been cancelled or revoked.
E
I t t e I'l 0 1." 1" 1 tj 1-1. g I IIC I Ll.('..'ICS J,) 1" I I'l. t I 11. puter t J..) U. t
Rt�LE 1-2 AU"I"HORITY. "these rules governing practices and procedures bet.(.)re the [,.,i.Cl.L,Ior
C."orntnission of the County off-lawaiwi, are proniulgc,"ited pUrsuant to ("hapters 91, 9A2
and 281 of the Hawaii Revised Statutes, as amended, and the Charter of the County
of tlawai'i.
RULE 1-3 CONSrI,,R1JCTI0N OFR'U'L.ES. 1"he rules shall be liberally construed to secure the
jLlSt:, speedy and inexpetisive deterniinatlon of every proceeding.
'RULE 14 LIMITATION OF JURISDICTION. The Jurisdiction of the C"'ornmission is limited
to those matters covered Under the provisions of Chapters 91, 92, 2441 , and 281 of
the I lawai'i Revised Statutes, cis amended. the (...'harter Of the County of.1-1awai'i and
the'RIlles and Regulations of the l...Iquor Coixitnission of the (.".'Minty of Hawaiwi.
RULE 1-5 MEET IN'GS. Regular ni.eetings or rescheduled meetings of the Commission shall be
held on the fiji-st ThUrsday of each ni.onth in the Meeting Room of the Department of
L..iqLl(')I- (,`ontrol., 1--fi10 t,agoon C"entre, 101 ALIPUni Street, UnIt 230, Hilo, 11awai'i, or
at the West 11awai'i ( ivic ('."enter, 74-5044 Ane Keohokalole flighway, Building B,
2nd Floor, Kailura-Kona, Hawal'i, or other public place announced in advance-,
provided, however, that the date and time may be changed for the convenience of the
public if an.nminced at a regular tneetlnor. All meetings shall. be condticted according
Ln
to (.'.'licapter 91, flawai'i, lZevised Stattites, as arnended, and, Robert's Rtiles of Order
Newly 'Revlsed.
A quorum is reqUired in order for the ("onimission to take any action. A quoruni is
defined as the majority of the ri.-ietn.bers to which the Cornn--i.lssion is etititled. OU0ru111
can be obtained by the nuni.ber of ixierribers present C-it the hearing o
locatin or if
properly noticed, thrOLIgh electronic video rneetings as -well, or as set forth in (."'hapter
91. and 92 of" the flawai'i Revised Stattites.
Meeting agendas shall. include all, of the iten-is to be considered by the Cornniission..
S,Ctid agendz,i sha11 'be on file at the office of the ("aunty Clerk or its designated notice
site cis well. as at the off"Ice of the Department of Liqt.101- Control f)r inspection at,
least 6 clays before the meeting, Additionally, agendas for meetings held at locations
other than the office of the 'Department shall be posted at the meeting site on the day
of the meeting. The Commission shall not add items to the agenda, once filed,
without a 2/3 recorded vote of all members to which the Con i-nissio-n. is entitled,
provided that no item shall be added -to the agenda in the manner provided herein if
the item is Of substantial and, significant interest which may affect the Public.
A special. meeting may be called when the date, time and place are announced prior to
adjourntn.ent of a regular meeting; otherwise a special. meeting can be called only
upon PLIblication of a notice of such meeting in a ne-wspaper of general. circulation in.
this County at least 24 hours in advance of such meeting. If the requirement for
publication of notice cannot be met because of insufficient time, the meeting notice
shall be made by broadcasting a minis ium. of three announceti.i.ents in the English
language over FCC licensed public radio stations in this County or television stations
with local audience. Such announcements shall. be 'broadcast 24 hours in. advance of
such meeting and shall be programmed to be heard between the hours of 7:00 A.M. to
6
5. 0 R. M N o t I C e S t. I C h S I..) C ci �a I 111 CC t.. n cy S I. S e s t e d o n t [i e b t. I c t. I i 1 1.-) 1 r (.1 o t'
thC 0 Ll I I t V' 13 L I I I d I t-i. g I n s t i t i. d W c s Li 1" 1.
'S. A.H. parties (,-)f" shall be all opportunit�, 1`( Y
Rt E I - 6 F1 E A. R. I NCY r 1.1 C �:.l r 11.1. (
'"I"he nonce shc-ill IncluAc a st,catcrnctit cat" the date, urnc, and
n.ature of the hecarincl, ttie le al C`111thorlty L111dCr which the he,cu.-Inc.r is held. �,�,,herc
appl"c-ibic, anci thc Ions ot., stc,ttute or rule 'tivolved or sj.,)cc'1`
C I C PcM`t1CL.Ilar` SCCO' 1 1. 1 C
(.Atile �applic(,..Itfon n .,I n') I S S 10 11 ..
B'Or 11ce,11SCS and per-ri--lits or . F1LAN(..'.'%` WHEN. A.11 "Applic�-ItKn-i's t
other rCCj.L1,eStS reCjUi1A1'l(Y C0lT1I'YHSSik.)n appt-OV'cAl S11<`111. I)e SL1b1'M-ttCd 'cAt' I -Ca 30 dc-tys
prior to th.c desircd n-wettn.g elate, t(:)gethe-r with all reqtured CIOCLAnients, except, *C",is
oth.erwise provid,ed. Such (,ipp11'u--ai(,.)tis stic,'-di be processed in tfic order ot"I.-Cce-1pt
I ' ' 'IS Ot' 111iS t111C 1`11.1-Y C",111SC '(A
by tfle F";,-.61ure t(--) con--iply %'Ith ptx)vISK)l C
ill. Scheduling t-tic applicatl(")TI. (a. hec"tring or (MC, i,y obtalkill'Ag 'Cipprov,c.d (..)t,
the applicatioti. by a PC`1rt1CL1'k'1,.r dcate�
CO NO"I"I.C.T, Al"),ft 1"') K"' A T 10 N S. 1"."xCept (,,,Is otherwise
Provided by, tmk, in ("..'i-liv procce(Jing involvi.lig C`ttl f"(.-n'the issum"ice ('A'
r ot' (:t hcense b ri:lri,i.ission. or tfie re-vocati(--)n M SLISPCIASR)II 01"' a
y tile ("."o 1.
license Or Other disciplimary, action by the Cortiti--iission or Board, which by law i's
req.ulred to be Clete I-1.11 I ned al"ter an opportUrlity C,--t hez,trincy, the 1`61k.m.1111.
a p I.-.) I y
L 11w applicant or licellsee sli�ffl be riont-iod. In \vr1t,1n(:Y of t1w hecarin(y C"11"KI SLI-Ch
L" zn
n.otice slull corit(.)rrti with ("'hapter 91. Cr ld C'Jicapter 2-81, 1 lawai"i Revised
Stc"ItUteS, (EIS �'A I'll C11-C-1-cC-1, and shall be t"urnishe(] t(..,.) the applicc,",'Int not less ttiati. 48
11OUrs bel"ore StIC11 11CCE1.1-th"Ig Ut'lless. ot-1.1el-w-ise m--tived h�,, the Ca1)1.)11Cq'ra.rlt or
IV'
liceri.sec in cases related to L,,Ite (,--tpp1..1cat1()l"IS.
"I"he Sh'111 bC SLIN - to Such. hti.liuit' st,u-lclu-ds -is rtic"'iy be
C ject I I C 10 1.1 S 0 1' C C C
prescribed by law.
It" the 011,1111ISSIO11 Or Boc-Ird decides in 1:'L1vor (.A` th-e app1-Icc,"111t or license-C, t11e
a 1,,) 1) 1. 1 C Id. I"It i c e n. s c c S 1.1 a I I he rI o t If I e d o I., S 1, 1 C 11 d C I s I o 1.]. 1) r(..) Ill p t 1. Y
-iciverse decisi(:)rl, to Zin.y Z tp_ IC("."u'll or
4, If' the Con-u-nissi.011 (,.)I* B () a r d r c ri, d c r s a n p
11cel"Isee, said decision shc,-d.1 be iti. NAT'Itillg M. the 1`01.111 Ot'<,,-1 FIndinus of'F`C,,-.wt and
tn
C0.11CILISIMIS of L,aw-,. ("AlAd the applicant or hcensee shell be ser�,ed with a
1'eason'tble tirlie,
cern ted Copy 01"Sall.-Ic W'. t [I' C
10
I). SE11ARA"FE 11E)k-RIM"Y"S. Except, as other -wise pl`oVided by k..1w,
t,or 11cl1..1or licen.ses shall. be. heard, C-:tt 2 separate he,c-.,triflgs� C,A p1.*eHr1.1mC,'1ry lwariticy- Zi.rid
Zn
a PUNic and are noted on the agenda as SUCK. f3oth licarincys are open to
t I..) e p 1'.) 1) 11 C.
7
E. S'"I"I P Utj A r I ,.I( ^S. Except as otherwise pro-vIded by law, any of the foregoing
.1
procedures may be i-no,dified or waived by stipulation of the par -ties and, int.orill,al
dispositions may be niade of any contested case by stipulation, agreed settlement,
consent order, or default.
'F. JUDICIAL, REVIEW. Judicial review shall be as provided by law.
RULE 1-7 PROTESTS. No protest against the granting of a liqUor license shall be considered
by the Commission unless such protest is filed in accordance with this rule.
A. Oral or written protests shall. be filed -with. the Co-airnission at or bef.:ore the
preliniin,c-,try hearing and/or the pu,blic heari.n.g.
B. The protest shall designate the application for -which the protest is being filed.
C Each per -son whose written protest, is to be considered shall date, print narne and
Sigil SUCII protest. Separate signatures are required, for each spouse, co-owner or
co -lessee filing a protest. Protests by owners or lessees of real estate or owners of
record of shares in a cooperative apartment shall Include the tax map key(s) and
Unit nitmber(s), when appliecable, on the letter or petition of protest.
1). The protest shall contain the ril,(--trne and address of each person su'brn.itting a
Protest.
E. Each per -SOIL. StIbIllitting a protest shall. indicate whether such person is a registered
voter for the area within f'lv'e hundred 6cet of the ne(,",trest point at which ttw
applicant proposes to establish or COIIIinUC the business Uticter the license applied
for, or whether such person is Can owner or lessee of record of real estate, or is the
owner ofrecord of shares in a, cooperative apartment Situated within a distance of
�O
500 -feet, fr(�)m the nearest point of the premises t' r which, a license is asked, or
both.
F. A protest filed by a person, who is not a property owner or :is not a registered voter
within 500 feet of the proposed licensed prernises shall indicate the nature of the
protestor's interest. These protests shall not, be included in the calculation of Ca
40 percent protest aft."ecting an automatic refusal pursuant to Section 28 1-39.51
1.,-Iawai'*i 'Revised Statutes, as arnended, or in. the calculation of a tnckjor-ity protest
affecting an. automatic refusal of an application pursuant to Section 281-59,
Hawaii Revised Statutes, as amended.
G. 'When (-t protest against, an application, for a liquor license is duly filed by a
p roperty owner w.ho owns niore than one parcel. of real estate within 500 Feet or
the proposed licensed premises, such protest shall be applicable and counted for
each parcel held within 500 feet of the proposed premises.
H. When the property within 500 feet or the proposed premise s is held by a trust,
protests may be filed by the named trustee of record.
0
Pr(.)tests to ITI(Ily be st,ibn.--il"tted, Ii-i the k.)nvi PCtItI(-)I`I PI'Ovicle(l thc-o-
the shall be f-iled, H-i. its 1`(.,)n n. shall clec-irly 1(-.--Ici,,itII,'y tl--ie
application 1`6r which the protest is being I'dekI, ITICILICIC stat-einci-it i rld teat, i ilg
opposition, to the C-ipjflication, z.-Ind the rc.--,-t,son.s I`or the Protests. '11--ic lictition st-iall
1'.)c lcoltflc �:Ind Sh".1-11 inc1t.u1c. d.-IC f'ollow 111
�n-
"I"tie pi-Inted n.4:u-ne, signature am. -I �'i,(J(Iress f t h e p n t ' estor.
In r- n-i a t 1 o n w h e t h e. r t h c p -r o t e s t o r is 'a, tI o W 11 C t, or" I e s s e c r c c (-.) r d o f r e(a I e s t C-i t c
or mwr of rec o rd of shares in Z-i coop ct-C-it i ve a-pi,C--1rtn,I C 111 w 1 t h 1, n 5 (A 1' et. o I" t I i c
pren-lises and/01, is (,,:I registere(I voter, Within 500 f"ect th.c pre-n-ire s. "I" h e
.4, the pctit-Ion. Shall. fille --II-T*d",,Iv,t th"It. d-le Conlen.t.-S of" thc
penti(.A.-I. u true .,-:-id, correct (, . If-I,.nY of " the coritents (.-)f fl-M )e .ItIon are C(ntri(--1 to
be incornplete, untn,te or 111COITect,, the (..'onu-i.-fission niay, by its ovy'll 11,10tion,
dectare ttmt of the PCtition to 'be invalid, arid shall deternline wh.1cf-i
protests s1ic,',ill be or it deck -:ire tl-w entl.rc to bc Invalid.
,L A [-)rotost which is 11,1U)II'lPlete or not legitfle shall be ii--i-vi-did.
K In any applic(i-,idon where there are signiI'."iuu.'i.t J`ILIn'i.bcrs of" protests or Issues that
r e q U 1. IT Ve r c.,:1 t i o n the o 11-1 n-I t s S i (..) n y (Jelay d e c i s 10 11 - III (,A k irl 11 t I,I. C
Verificatiori, of tlle protests M` ISSLICS. J"he
[)y its own rylotion, close the PUblic hc,,C-t,r-i.n.g, and in such instance, 11(.) t"Urther
Public testil'11011Y 111CIUding protests shall be ad,n1itted. "I"he C."on-u-nission i-n.aY, by
its own 1"I'lotion, re -open t1w he,,-trings. TI-ie shall schCdLIIC 'C"I IlCarji,ig
1 1. . 111CY (R' lij.-I
(L'.'Ite at w,hich the dec,s,on Shial.1 be n-iade "y1th.in 9(') days C,-,ifter the hear' itt
1. 20 Chly'S LIP011 proper putfl.lc ri(..)tICC.
L. PUrSLK'AIIt to Secuon 28 1-59, Elawa,i` 1 R.evised SCAI. IWS, C"'is anwncicd, an (,ippl icatIO11
slic,-1,11 be ret"used if.
t-i,ic,--i�or'ty i o "fl. es 01" ()WIlers recol.-(.1
_I . I.` owners or lessees of" rec( rd o C rc ( C -
A" shares in. a cooperc,"itive Ctp�-:Irtf-.ncnt SitU-C'ItCCI Withill CLI ClISt4IrICe of 50(.) Ccet
1. c:rrrrr the nearest point, of' the pren-iises w-hich license is asked h.:ive filed
protests cagt-unst the granting of"the licen,se- (-.)r
"Eh.e I.I.,lawrity of regI tiered, voters within a (:,.isu-ince of �00 I" et, frot-ri tfle
twarest Point of the pren--uses which C-i ficense is C,i,sked l'u'vv, c 1"1I e c-,l p r (-..) t e s is
a gcI I n S t t h C g t I I.-) g (,: r t [). C I I C C II s C.
For purIx-)ses of ""a ni.aj I` (--)w-ri.ej--s and, lessees o I` rccord o I" rs ea C t I t e
owners of" record of shcares in a cool-m-ative il NI 11111 C nt eC,-.Icll Prol ' )erty Cou,11AS
only once, CXCILIChng roadw,ays. A. I)rotest st ibrnitted by the i-riajority o f t h e
. CW11. -operty Sh"',111 constitUte "'I pr("mest (H)WIlers or the o6t,v o f the C(..)-. lessees o f C PI j I
by all. th.e owners or lessees of" record of flIat property.
purposes of this secti(--M, 111ajority protests by regi store( -I voters sh(,-All be Ix-,-Is'ed,
rcat 1. list: a-S the PLIbliShed ("late tl--).c PUbl'
on tlx utrrent voter regist oil IC
9
M.. Pursuant to Section 281-39.5, Fk'iwai'i Revised, Sta:[Lites, as arn.ended, 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 elem.entary, intermediate or
high school. or public playaround utilized extensively by rninors shall be
autoniatically ret"Lised if-
1. 401NO of owners or lessees of rccord of real estate, or owners of record of
shares in a cooperative apartment situated within a distance of 500 feet fi-orn
the nearest point of the premises For which a license is asked have filed
protests against the grantnig of the license,-, or
4W/)/�) of the registered voters within a, distance of 500 Feet from the nearest
point of the pretnises 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, provid,cd that addition.s
or corrections to the voter registration list shall be certified by the clerk of the
The C.ommission. shall rule on proposed corrections, additions and
county. I
StIbtractions and give reasons For the ruling 'upon SLIfficient proof thereof.
RUT,E 1-8 VOTIN("W4. All tnatters shall be deternilned by an affirmative -vote of tile 1.-n.a ' jorif ty o
the nie.-mbership to which the C"ornmission is entitled. If the Commission isunable to
approve, deny or render a decision on any item and no other motions regarding the
matter are passed, the rn(,,,ttter shall be considered to be denied.
Unless a ri.leniber is disqualified, or cxcused t'roni -voting, their silence or refusal to
vote shall. be recorded as an af."f-ti-nicative vote for the motion on the floor.
RUL4E 1-9 P E 171 T' I ONF 0 R R. E HE A'R I N G 0
A. An applicant des1ring 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
refti,sal is sent to said, applicant Cind/or licensee.
B. "l"he petition shall allege facts and, grounds fi.,)r consideration which are newly
discovered or mistake of"' facts, or any other matter of fact which may in. the
,judgment of the ConimIssion, be deemed sufficient to warrant a rehearing.
C. The petition shall be in writing and sc. binitted in 12 copies to the office of the
Departrnent.
D. If the Commission decides in favor of the petitioner, it shall fix a day for a Public
hearino- of the petition. No-tice of the hearin shall. be given to the petitioner. The
9
(",otlitnission shall determine to whom a1id 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
I.,)rovide Zln- caccoun-u-Ahle rti-alhricy 1". like clocut-'rient, ver' K
4n - () 1,111 0 f, if-iccl. t)y the n ' t e d
StA�.Atcs P(..)Stc.Il Ser-vice. "T"[w publication of' 1,10tice. c"Ind m.-Alce prOVAck"d t() 'S Cd
pCartics shc,-fll state the nanic c-tri.cf, address ot' ttie petitior-icr., C,.,i su Itc.11.1ent (..Ad-ic
p(..,)S1tJ0T1 01' c(mtention (--fl` the petitioner, and the ck,:itc, tl.n.w �ancl PL.-Ice of.." tic
1 -1 cc, I. r I n Slic'.111 ctcl.)oslt i".1 6ce ecl.tic'.1.1 to the C(..)St (..)f' publica.11011 (4,
rionce C-ind n(.-)t1cc. t(.,) ("Aher persons C,--ATfcctcd by said, pent-101"t
E. If the (...'oti,inilssion ciecid,cs to re Erse a pention 1"(.)r reh.ca-r-irig', it sh� issue an
appropt"iate Finclings (--,)f' Fc,--ict, ("OIICILI�1011S 01"' LMV ('111d Dec IsIC)II ClArld Order "I" he
Shc'..111, w.i.11.1iri C, i rcas(,.)rice,,ible tllllc, se-nd (,"I cerntied. cc)py t 1.1 c
1 4 r 'on. I.-ias been refused
". A pention t"Or relwaring by c-in api-,flicant whose I c I
pursu�,ult U..") Protests fi. led by the rnaljon ty ot'p1`(.)perty owners w,lthln 50f 0 eet. of
t 1--i c n c a r c s -t 1) o i n. t o f t 1i c p r c n i i s c s o r b y t h e rrictJ o i.- I t y o f r e g. i s t c r c d v o t c r s vv I t h In. 5 0 0
tr fec protests J.Ied 1.)y e-P) percerit ol" t of" the ne,(:.-est poin.t ot" the prerillses, M (2
owners or lessees of' rm.-wd ot' rec,:d estate, (--)r ow-riers c,& record, of." stic,-Ires in a
CO()peral''i've apartn"ient or by 40 percent of the registered v(-1.-)ters witfun a distatice
of 50('.) 'ect Froln a priv'catc e1c'n"ientary, interttiedu,ite of, 111g)-.1. sch.00l or- public
taygroUlld Lit'hZed extensively by r-n' I () f1lCtS (K gl-OUJI.CIS
inors, sties be restt"cte(l t . I
w 4,-:l r c (.1 I.r. CC, t I y rek-:1ted -to the Protests filed &,Ind/or its verlffic�::ttlori tticrcof (,As
ptx.-wided In Section. 2,81-59, fJ',C--m(a1.,,1 'Revised. StcItutes, as
ygr'eved by the cleck'on of the ("ornrnission nt�t�l 1.11C a,
C Any interested person ag I I I
1) c t i t I c) ri. I`() r re h e(,-A r -i n g n d s [i I I fil I e s a 1 d p e t Iti (".") n. w, i t h I n. 15 d a Y S fr(.1 I I -I t 11 c ci t e of
the decisk."41, IN'OvIde(I tl"iat stw'[i irac-rested persori shal.l. h.,(Avc been. �l PCIA1,11CIINA111 (A.7
rcc(,,ffC1 ill thC pUblic twcanng l')rocess ot., tl.,).c application.. "I"he Petition f"c-m- rehc,c..1r1fl.g
shc,-fl.1 be tiled in the Cortn ari.d Sir ,stance as contained in thIS 11.11e
4c c I I c K')11 �Is to rl.icatt 1 1.11
E 1 -10 1) t T I I I N F"(") R N1 A "'I" I N. "I" 1.r c pi-A-flic •rnay obu:dn ers \V,tl..I,
't. h. C j U. 1� i s d. i c t i ti o f, t 1-1. i S 111111 J. S S 10 1A 1) V. ill C1 U I I- r,11 g '("A t:
A. "I" 1--i e o ffi c c o f t h c L I C L I t C 11 al-) t G" 0 v e 1,110 r of t h e S t a. t c o a w 1 11 c r c 11 c r c ca 1. 0 o 1.1
f-Ile C,,dl ru-Ics of.,the ("(")II1.1,11ISSIME, 01'
B. `Ffi. c(-.) ffic c o h. e ("I" I c r k o f t h c (..'o t. t n. o law -(,:if I WI-ACI-C HICIV (MI 111C ('11.1 11.11CS
o f t h e ("on,11.1-IISS1011, C)f,
Co '"I"he office offfic Dcp,,C-wtn-,icnt, where C1,11. rules, or(.1cr, 1`01,111S, 1.)C1,41,11ts
the ("."(..)rr11.1iiSSio1A (:-Ire a.v(jjk..iblc I.."Or pu,blic Inspection. Copies of (ft.)C1.1.1-rierits
)r thc COL-1111Y t"O
avaik,,ible to the 1.)Ubhc <,,::It I.-mce to be fixed by the F)ep�artrn.ent
c("wer ri-ic,-,d11ri.g an.d r)Ut.)1iC'c'1t1or1 costs.
C A- "' Rev'sed St"'Itules, c nd -1, --tny pc.rs(,,)ri- rn-ty
D. 1")Ursuarit' to Chiptcr 9N`", F-fam'i-I I I c as ame ec c . c
insj.)cct public records. SUCh inquiries rrua.y [)c ri iacte in persc)n �.It the Dcrx".111.1,1"Ient
J:
duriri.g regu,lar busirieSS 1MLirs, 01- by SUbt-rdaing recluest J."or irif'Orn:lcltlon in
writinu to the Departrnellt. ReCILICStS I"01- COPICS C)f I-CCords sh,cd] be distributed in C,--i
Zl>
tini.e,ly tnanner and upon payn-ient, of the fiixed cost as provided, by COU11ty
ordina,ti.ce%
RULE 1-1. 1, ADOPTION, AMENDMENT OR REPEAL OF RULES.
A.. PET1.1"I(M Any interested person. tnay.petition the Cornniission to request the
adoption, arnendinent or repeal of any rule o-fthe ("orrimission and shall file the
petition, at the office of the Departrnent. The petition shall be typewritten.,
subm.1-tted in 12 copies and shall include:
1. A. stz"iternent of the nature of the petitioner's interest.
2. A draft of the SUbstarice of the proposed, I111C or amendi-nent or a designation
of the provision SOUght to be repealed.
3. An explicit statement of the reasons in support of the proposed rule-,
amend,ment or repeal.
4. "I'lie nc,,tme, address <ind telephone nllnibcr ofeach petitioner.
5. "I"he signature of the petitioner.
The petition. shall be filed 30 days prior to the Commission hearing date which Is
held the first 17httrsday (,.)f each. n-ionth, except as otherwise scheduled, at the off"ice
of •the Departn,.i.ent. A,ny petiti(an which does not contorrn to the foregoing
reqUiretnents rm-ty be r(jected. The Commission shall, within a reasonable tMic,
after the Slibmission of the petition, either deny the petition. in. writing, stating its
reason for Such denial, or initiate proceedings in. accordance with Chapter 91,
f4a,waW-i Revised Stc'"It"Lltes, as amended, tear the adoption., amendment or repeal of
the rule, as the casc ri-my be.
B. PROCEDURES. Prior to the adoption, amendment or repeal of the R111CS i,'tnd
R.egLltatlons ofthe Liquor CommIssio-i'i, the Commission shall:
1. Give at least Y) days notic.0e f r a public hearing. Such notice Sh(111 irlClUde a,
Z:p
statetnent of the Substance of the proposed rIlle, the date, ti.rne and place of the
hearing. The notice, together with the proposed rule For adoption, amendment
or repeal, shall be distributed to all licensees and to all persons who have
made a timely written reqUest to the agency tbr. Eidvance notice of its rule -
making proceedings. Any interested person may request a copy of the
proposed rule to be C,,Idopted, amended or repealed. 'rhe proposed, rL11CS, J.D.
entirety or in. sumrnary form, shall be published at least once in a newspaper
of general cirCLIlation, on the Island of 14a,wai'i.
2. Aff rd all interested persons the opportunity to submit data, views or
arguments, orally or in writing. The Corntnission. m.a,y make its decisi(-.)n at the
public hearing or announce a elate as to when it intends to make a, decisloll.
Upon the adoption, amcmddent or repeal of a rule, the Commission shall., if
requested to do so by an interested person, issue a concise statenient of the
principal reasons for and against its determination.
12
"I'lle ("ol'I'll-nissioll 1.111CLAY (11.1.110nd 1AS rules (,-As (migil-l".Ally I.)rCS(A)te(..1 ("141CI ,.I Inil-flic
r I n IJ(..) ,vvve r, 11., the a:Irncndl nents dic ri.,tles afTh"All"It to SUI)St�`Afltic`ll C11('1110"CS
as Im-esented (-At ttic ptiblIc he,(11,111g, t1'1CF1 El 11C"' PUI'AiC 11C('1Hj,j(y 1,11c"...1y bc requircd,
I "_
A rule which hC,-:is bun ("ArlICIRIM (".M.- f'C1)CC`11Cd, UP011 dle
N/1 zi y (...) r o 1"' t.11. e (',' o 1.1 n t y, s l'i a 11. b c c o n i c. c 1.1" c t. ]v e 10 d a. y s (---1 1"I.- e r t. fi C fil I 1110' %V' I t I. -I t. I. -I e
("'OL-111-tV ("lerL, pr(-,)v1d(,,�(J t1utt wl-wre thcre is CIA11 (1Ad(.-)ptj.M'1.
HqUOT' 11CC11SC fOC SO"LICALITC, Ole Of'tl"IC (".."OUl'ItY (".oul.I.Cil ot"ttic C."ou.n.ty ot,
I shall Zfl.so be requ,ired.
-is to
A., Nny 11,11-Creste(l. Pers(.-m 1-1:1 Peti.11(m. t1w Con-1n,iisi son Cor a deck,i .,ratory order (,:
t h. e a, p p 11. c a, b i I i. t y o t" a n y s t a t t. i t e , o r d 111 I(A. ti C C (.) r o Ia n y n.1 I e or (:) r d e r (:) t' t fi e
"t"l-le Pentiotler Sh(,-"-.d1 be aAssessed, a fee CCILUCA1 tO t1'1C COStOl".11L.1bliShirig
C 1 111 C13 11M.Spape A"genen-.11 Circull-At, .
Ole notice (-fl"public fie-u-'rig ' r (. C c I C) 11..
B. 1" ti. e 1.) e t I t I (--) n s fl.c,i I I be t v p c "/ r i tt. e n a n d, s u b rn. I t -t e d I ti 12 copies a n d s lica I I c o n tc-i i n.
1."T"fie riarne, residenve (,--uldress, am-11 WICI)I-1011C I.R.1111IM' 0 f", t I'l C 1.) e t I t I () 11 C 1'.
'i n. t e r e s 1 ".1 r t I'l C
(--tternetit of' th-e ri.(,,aure ot" -ic - s A st, I'C11L Son.s
sub-niissiori (--4't1ic pent,101"I..
3. A d,esignatiori of'tlic specific SUEIIUW, ordinance, 1111C, or order it], question.
4.. A coinplete su.,itcn:ient ("A." tllcts�
5. A s -t a, t e t-i,i c n. t t 1i. c p (.-.) s 1 -11 () IJ () I' C 0 n t C n t i o 1 1. o C 1.) C 6 t i o 11 er.
6. A C()t1tCA11.1.11lg 'C'A. t.. Lffl CIISCLESSIOI] (.-)f' tile rec,--isons,
111 C I u (.11 n g (<.i. r). y I e gc,,.l 1 (1. t. I t 1.1 (..) I.-- i t i C S I 111 S L 11) P (.) rt 0 1" S L. I C 1-1 1) 0 S I t 10 11 () I' C () 11 t C n. t I o n.
7. "1" li. e s i. g n ca t u r e or t 1-) 0 P C -t I t i (.) 1.1 C r,
yr pCt"['()j.j W] j'Cj--j (.I( -)CS 110t -)reg( mig I Il
A n I I I t 1,1 C fi.. ay be
rej co C (I -
D. I'lie Cornrilission ri-mv, 1"01' gO()d. CC'AUSC, I-et"LISC W ISSUe a declaratory rulIFICY
Wid-IOUt litniting ttie gen.m(dity (-.4, tile tfie (.."ortin.-I.issi(:: n. ri'lay so ret"use
w, b c r e:
1. '11.1c q1tesnon is sI.,)ecUla,'ItiNC (.,')r [)UI-ely' does not 6.1%e-olve
existi.no. tact, or Ci..Icts wl.iich. can reas(-)mably be expected to exist in tie i'lear
I.A.-i t t. i r c.
C t. i t i n. e r
"Flie iriterest is not ol., t1le type wilicli w'ould give die I'
S 11 'CA 11 �,A C d I I mitioner were to seek jr.rd1C1',(t1 rel.]Cf`� tc,-:111ding to rn�aintc,..Ii 0 n * I." t 11 C I
ISS'Llance ol"ttic deckiratory rtdirl(y' rnay adversely A` ct tlie Iritel,ests ot,tf.le
Su-1to an.d/or County off I a \v,a i " i I the ("on-irors si(,.)n or any (.) f t1le I r o 1`41cers Or
en-lployces in. a,ny Mitch is per or reasonc-tbly 'be expected
to arise.
4. "I'lie rnatter is riot w i (1-i t-11 t1i C j u 1-1. Sd I.Ct i o n o tfie C (,)III I'll i SS 1. 011.
1. 3
E. Where any qr. CStIOrI Of law is inv(.')I,v ed. ,he Comm.ission. n1ay refer the matter to
the Corporation (.',oLinsel.. 'rh.e Coint'nission tnay also obtain. the assistatice of
other agencies, where necessary or desirable.
F. The Coinni.ission shall consider efach petition subrnitted and, within a -reasonable
titne thereof, either deny the petition. in writing, stating its reason F)r -the denial., or
issue a declaratory order on the matters contained in the petition.
G. Orders disposing of petitions shall have the same status as other Commission
orders. Orders shall be applicable only to the fcact situation alleged in the petition.
or set forth in. the order, J'hey shall not be applicable to diff"brent f.act Situations or
where additional 11acts not considered in the order exist.
R U LX 1, - 13 APPEAL TO TUE LIQLJOR (","OMMISSION.
A. Where a, licensee is aggrieved by a decision of the I)irector, the licensee may. file
an appeal. 'Fhe appeal shall be in. writing and submitted in 12 copies at least 30
days prior to the first Thursday of" each month and shall contain,:
I 'I",he natn.e, residence C-ind ami ling (-,-iddress, and telephone number of the
appellant.
2. A statetnent of the nat"Ure of appe,,Lil.
3. A designation of the specific statute, rule, order or decision in qLtestlon.
4. A coniplete statement of facts.
5. A statenient of th-e position or contention of the appeal.
6. A. tnetnorandurn, of" atithorities, cotitaining a ftill diSCLISSiOn cal" the reasons,
ifICILIditIg any legal authorities, in Support Of S'LICII position, or contention.
T The signature ofthc-,.- appellant.
B. Any appeal which does not conforni to the f'oregoing reqtiiremetits niay be
rejected by the Cotntniss ion.
C. The Commission tray, For good cause, refuse to consider the a ' ppeal. Without
limiting the generality of the foregoing, the Commission may so refuse where:
I The question is SpeCUlative or purely hypothetical and does not involve
existing Eact or Fcacts which can reasonably be expected to exist in. the near
future.
2. The iSS'Liance of a ruling tnay adversely affect the interests of the State and/or
("'ounty o,171-lawcai'l, the (", om-tTi i ssi on or any of their offilcers or eniployees in
any litigation which is pending or may reasonably be expected to arise.
3. The mat -ter is not within 'the jurisdiction of the ("onimission.
D. The Commission shall consider each appeal submitted and, within a reasonable
time thereof, set a date for hearing such. appeal. 'Notice of the hearing shall be
given to the appellant (,it least 15 days before the date of -the hearing. Notice of the
Commission's decision shall 'be gi.-ven. to the licensee within 90 days of such
hearing.
'14
1. 4 F I I., I N Co". ("' ("YMP L, A. IN "J" S. An�p C,,l(,W`JCVCd pc'.-Irty rn�ay fille Ca C(l..)l..)�lplZal, lit. w,ld.-I the
on-,irnlssiori relative t(.,) (u'ly provlSI.(.,)n of, 0.1c license cm, C,-], pern--iitl, provided. tl'iat such
con-iplatrit, stiall be mthin 010 jr.rl isdicwt:ion, of" the Cori-m-ilsslon in caccordancc %vith
(.1-iapter 28 L, I kawtal"i Rc,,viscd St�attiles, c,"is arnendal, c"Alld t[le rtdcs. Whell (-)
n C C. I . the C(,)rllj.)k..ltnA rvia, - c 1, r t, c 0--le
i,.�ly rest'.1.1t 111 1A Viokan,orl (..)f" hqu,or law, be i -I cl t
F)Cjxlrtrrl0n.t t`c.)r (,".I c ( I (") 11
(Y
llie con.-iplaint shall be Iri w,ritln.�n and filed a-t tfic office of' the Dcp�trtn,icn.t C-And, shc-11.1
In.clicaw the nall.-le, (.)f,tllc licerlsed j..)rellllScS, the 11c"All1re ofthe tc)gcdlcrvvlth.
C-lry flicts torts considercitlori by- 0-ic (`(--)rvlrlllSSl( )n., "I"he shall corl.duct
[icaring ill C`lcc0rdcai.-icc wltf-i Ch.(,..tptet- 91 tlic Revisal Stc-atites, (,,:is
cirnended, and disp(-.,-)sltlon of su,ch cornpk,:tint, sht,,All be '111 C'ACC0r-dc-,.tn.ce w1th the p.m.rers
and 't.u-'scfict' I M 11 j i i i()n. granted. to the (`()n--u-n'ss*
lz J,j 1_, F: I t 5 (l",.k,(JSE FOR I)ISC.,"IPLANE. Any (,-:tct c(:-)TTLrC,,A,(Y to ("hiapter 281., Flakkr�af'i Revise(l
St'C'.-Ittacs, as anlended, the ['� .tilcs 'I R.egUk"At.l'(,.)ns ol" tlic. on--m-iission., or a
Declsl()Il (111cl (")rder of t[ic Liquor ("."01,111TUSSR)TI or* thC LICtUor C..'ontrol AdJUdiCati011
Board, Whether collinlitted of or ftlw lret icensed p'nises, which. is (firectly related to
th.e bLlSl.nc,-SS of the licensed pren-11SCS, Sl'iall be cc,-,iuse R-A- he(,-Arino, befOre th.c
4n
C."01.1,11--nission, Ad.'LldlC'CA.tl'0[-i 13(.)(,-'l.rd, Llpon Zr. proper heantig thercol", (,'l Il'CeIlSCC St.1call
be su,bJect t(,,.) cliscil...Anla-l"Y (Ilcth"'.Al. 111 c"ACCOt-ch'll.l.c.c. to 1,,,:rw.
R U1, E I - 16 HEARI.NGS, AMENI)IN(w' C."OND111ON'S.
ik. W'licre the ("on.-irnisslon [i.,::.-is picaced c(--)nclitl(,..)IlS Oil a, licensc or 1,)cr-rnit, tfi.c licensce
01* in.terested jx�irty (.A` rccor(l n i,�.-ty lile �an applIcation to thc to i.111.1cild
SLICh con.c.fificni.s. No cal.)pIlcatior . sh.all. be C`lCCCptCCI, Ulltil. One �,car after the
effective date of the onginal. decisloll..
B "f'lic applicati(..)n. Shall. be in wr'tirig a,n-d suhrt,iltte(:.,, iri 1) coples ari,cl, shall conuc-ull:
"I'li.c narne, address and -te I cphone/ CaCS i I'll. i I C IlUn-'iber of the hCel'isce.
A stateri.,ient Of 01C CUITC111 COTI.Chtf011 Irriposec.l. by, the Con.-Irl'ussion.
--ic I posecl re(.,j.ucSt, tx..)&)-ether �vlth any f(acts or eviderice iti.
A s t a t et'i i e n. t. ()f t I in-.)
SLIJ)'J.)CWt Of'SUCI'l I-C(I.LieSt.
4 -i of the rc,--ison.s, , A Of c"ll-ld".101-itiCS, COFIN'll'n. rig. a 1. dl disct,issioi
'l Ill SLIJ)p 't of'such position of* conlenti(.)n.
irldLldillg ( tly le&�Cd aUth.orl hes or
1", h e S, r. ;r tr.r r� c� (--)f't[ie ipplicant.
9
. . . l:
e ( "(1)[11ti'llsslorl. 11l1�11'y re.ject the (,-A,pphccttK.)n. w-fien th,cre is TIC) flew eviclence a.)
SUI)P011 H-W reclUeSt. Of- W11C11 the apphcatl(-.)n (toes not to the f)regoin(-Y
D. LJpon c-'icceptance (-)ttli.e to C,"itiiend, �,l. 11cellse (A' COn.cfitK'.)n., tl.le
shccill. I.Ix. cci clay for a, I)LIblic hec'...1rina an,cl n-my, set fOrth, the c(..)nclitl(,..)IlS
zn
OfIl0tlCe MCI 1)Ublicc-al'011.
When. SUCh applications ri'icay negatively at"Fect the neighb(-.),rhood or If the
neighborhood 'has previously .fled protests or concerns, the C",onnnission shall
determine to whom and the manner in which notice and Publication shall be
provided by the applicant. T'he notice shall set forth the date, time and place of the
hearing, a statement of the current restrictions or conditions placed on the license,
the proposed amendment to the restriction, and the riianner in which protests may
be filed pUrStian.1 to Rule 1. -7.
Wtien an. apphcant is required to provide notice to the neighborhood, the notice
shall be malled at least 45 days prior to the public hearing. If the Commission
requires publication, notices shall be published cit least once in a newspaper of
general circulation in. the area where the license is located which is -published, in
the English langL1,,('ige. 'Fhe applicant shall file an. affidavit of mailing and an
accountable mailing form or like document as verified by the U.S. 'Postal Service
at least 10 days prior to the hearing Indicatincr that notices have been mailed in
con-I.Pli4l.I.I.Ce with this rul.e.
The applicant, shall deposit a fee equal to the COSt OfpUblication.
PurSU,ant to Section 28 .1 -5 )9, Flawai" i Revised Statutes, as amended, the provisions
or majority protcow
sts by Property owners or registerew-
d voters i
fmthin 500 feet of'
'
the pren-iises which requires an automatic ret.'I
isal of the application shall, not be
applicable to this kind of application.
F. If the appliczttion. is denied, no fu,rther Capplication shall be considered for one year
1"rom the cl<,--ite of denial.
R U L E '14. 7 AUT.HORIZEI) R.E.PRESENI'A'171VES. The Director may require the applicant or
licensee to provide written aUthorizZ."ition for any other individual to represent the
applicant or licensee before the Corm-nission. or Board. When a representative cif` the
applic',Eint/licensee appears in. a proceeding before the Comill.ission. or Board, that
persomal appear(,,,mce shall, constitute a representation that stich. individual is lawfully
authorized and qualified 'to act on. behalf of th.e applicant/ficensee. It is the
responsibility of the applicant to enSUre that the authorized representative is fully
aware of -[,he proposed openc,itions and is able to respond to inquiries from the
Commission and the Public. The inability of the representative to provide satisfactory
responses shall be cause for the Cl'ot'rirnission to C011tiflUe the hearing.
16
18 14 " Ij R r"F 11 Ed, R Af.k 1 , 1", 1, 1 Al"JONS.
ik. 1"or cape lic,cition, 11-i.cluchno, i"I tnanst"cr appliccati(..)n 1_'c)r
zln
("k-iss S or Class I I hcense, hc,--is, (--At any tH.I.l.c been dented, (-')r rel"used a 11CCUISC, the
Shcall not cot-isider C,ipp11catl(..mI subt-u.1ttecl, by the a,ppHcc,--1nt f"or
the sc,ln-Ic pret'i-Ilses, bUddithl k"W"Iti(MI (`ff site 4.)u.-Inon, f'ol.. 011C yc.'.H " t c
dcnK-.d rcl"'Usc,"d awl the t.-icxt shc, t1l con--ijfly vvith fl-le of,.,
S c c ti (,.) n 2 8 1. - 6 ("), [ - I a wci, I " I R e v 1 s e d S t a t, t, i t c s, Z"i s ca n'i c 11 d c d.
pur-l'.)oSes 01' t 11 i S 11.11 e CA 1.) 1.) c a t:i t sh(d] t-viecln cill per" s( mIs Identll"ied It-i t.1.1c
VA
I S C
Includ, 15 -kh(-)1dcr-S of .-I, corpora,d(..)n, j)-.11-tt-ICI-S of. Zn c i I c
C, u,til,ership, hn'-ilted hability patInct-Ship (.,,.)r lirnited. or l"I'let'llbers cal.-u-11
t�nanagcrs c)f a, hinited luc'-ibility c o i-n p a n y. ""I'ludding tocath-.)n s hc,-1 I I ni c a Ii t h c
StRIOLIN (")r site (:A C-ni.y propose(I 11CCIISCCI prenlises t"or �vhlch the originc-11.
apiflIcIzit-1011 W,Cis dcniccl. or ret'it-Sed.,
B. If an. applicc,it-1*011 Perl,atn.tnu t('-') Cr. partr f particular M enilses ' bt,ilkling locatiot-i is (lemcd,
4"
reftised or withdt-C,m,,n, the next cipplication fron:i. an.�Y, applican.-t Co that or
hUilding locca,tlo-n s1l.all, inclucle a report a-rect by t1le 4,-,-q)p1tcan1 evide-nCHICY C"I
,t
substan,ti�al change in the circuunstances th.'c",'It Cats. Cc:. t.hC f.)ITVIOU-S d-Cl-lic"Al, ref"LlSal, ()r
w 1. t h d. ni w a L
Ion'lPlyinWtpl,ovlsions ot'dictiollI,., fl. � ,hI c .rit- 1r c l q.L.101� 1ice rlse shall
r It COPIC., 'I'll Mtes c'u--icf pt-otests or c()nccrns k.m)wn to
obtatti f ot--n the Depart t-net-- �,'S ("A" I I
ttle �&Jiic[l c(.-m-11"Riential Mf(-)n t--i,c,ttion h.as but'i ret-i-loved, re I a t c (.1
'('l 11, (1 S h �-1 11. S L I b 111 i t. report
to the applicc,-Atlon whicti m-As d,erilcd, cm- ref"used..,
CVjdCI'I.CiIl.g a, SUbStal-ILK11 111 d1c, Circurl"Istc-Inces w1lich cc'.1used the C)r.1.g1.nc,..d
zn
denial, refusal or witilch-c-i-wc-fl. Tlie report c-ind relcv,('int dOCL1111CIIAS shall. be
subtiii.ttect H.I. 1..`)._coj..)1cs to the L')epar-ttIl.etit at leer .t 10 days prR-)r to the
PAR'"I" 11. ("ONIMISSION, BOARD, 1)IRECTOR
R (J 1_, E 2wd - I 1-AQLJ'OR C.'ONINUSSU)N'. "I"here shc-ill. be I ACIL-101- 0 I'll I'll. I s Sr 011. c MISISting
9 rri e-1.11 bCrS who s1r,(..111 be app(.-)in.tc(1 by- the Mayor and, cont'"in-i-wd by t1le ("ouncil. In, the
r OrA I
'bcd 'n Sect'on. 1 4, 01':' OIC COL111ty C"OUIlt-V Ot* 1"'I'CINA c i " i. (")ne
in,inn,er 1.m-escrl I I �1 C 11�
nwn,iber shall 'be a resident of"ca,ch C(RITic'11 district.
A. 1..Jqt.u.-)t- C."on-in-ilsslon shall:
I A.('.iopt rUles and 1VgL-1k'1ti(..)nS h.a.vinc), the J."orce �,,Ind et,"t" ct of Liw- 1"or ttie
cidminist,nan.on of 11C1.L101- Control ill. the COLII'lt. r% 111c(,A-Porate an.d U`111'�' O U t
Prov) Stone of the I I*CI.L,101- COnt,u)l laws 0 f th.e st(".1te,
-r:t i"Cictu
(,--,I 1-Cl t IeW Or NfUSC 1j)phC, ca6on.S licel.-I.Ses fi.m. th.e
in-i.por-tation atid s(ale. of 1.1cluor In t1l.c. C(M-1.1ty UJI.ClU lclws cin.d
I-CgUlations.
17
3. 1 lave such other powers and duties as niaybe provide(] .by law, not In. conflict
with the provisions of Section. 7-3.2 of tile Charter.
4. Designate a chairperson and vice chairperson, by the affirmative vote of a
majority of all mern.bers of the Commission, whose ter-m shall be f i
January. to December. Iti the absence of the chairperson and vice chairpers(:)n,
th.e rtlost setlior rilern-ber will, preside.
5. "I"ransact bLlSitiess only when C,,-t majority of. the rnembers are present at tile
t"neeting and who constitute a qtioi
B. Any Decision and Order of the Coryiniission shall have the force and of of law.
Violations ot'such Decision C-ind Order shall be subject to disciplinary action.
C. In. additi011 to powers pr(.-)-vided by law, the C"on-inlission shall. have the power to:
1. C"orld-uct hearings, re Mate thC COUrse and conduct' of the hearing and issue
notices.
I Adrilitlister oaths and affin-tilations as adryi,inistered, by tile presiding
chairperson.
3. C"onsolidateor sever proceedings; provided that those actions shall be
condticive to the ends of justice and shall. not unduly delay the proceedings or
hinder, harass or--prejUd.cue any party.
4. SUbI ' ioena or corilpel the attendance of n witesses and tox eani.ine witnesses.
5. Receive evidence, and to exclude evidence which is irrelevant,, immaterial,
Unduly repetitious or cumulative, and accordingly, may restrict lines of
qUestionim'y or test in-io ny except that the C`om.niisstorl or Board and each
nietilber tfi.ereofshall riot be botind by the Stl1Ct I'LlICS of evidence.
6. Rernove disrUptiVC IndiVidlla,I-S.
7. Rule on motions and dispose of -procedural matters.
1). "17he Cc, m-1.1.1ission shall also hl,(,we -the power to:
L Enc-ict, eniergency' Rfle'S in. the event of national, State or local. emergency, for
the health, safety or welfare of the public or the protection, of life and property
for the duration of the ernergency.
2. Prescribe by rule, the conditions of employrnent o-f all ck-isses of licenses.
3. Set conditions on licenses and perrylitS, inClUding hours of operati(-.)n, and to
prescribe by rUtC, the procedUreto amend such conditions.
1.8
-1
R LJ L, 1"'I 2A AM 10 LJ (".) R N "I" R 0 1., 4A.M.H.JI'M k "I" I N 13 0 A, 111). "T" II e rc s 1 1) c a 1.....1. CI L-1 (.,) 1`
130c".11-C-1 C(....)j1SISt1n(".1' of" 5 rucrribe-rs %41(.:) sh�,-fll [)c by t-l-ic
May(.-)r Card confin-t-ned, by the C'(-.-M,incil Iri the tm(tnncr prescribcd H.-i. SectR-)n 1 3-4, of" the
o ti n t. Ch,irtcr, (-`ountv (.-)t' "T' 11 C L, I C L
Y I I o I.,1 t I. o I A. d:. utfic'..l.t.'on 1-:: o'.11-d sh".111
hcd.r tlnd detern-itne C,-ffl conipk:,lints (..)t, the I I (I Ll () I' C )titrol laws of'
Itc, (K c0[)1j.)k:.1, �.I.rd,no vR)k1ti0l1S 01.* I-1.11CS "11"Id, rc(.Yuk-ai(--)ns estc,-iblished by
t I. -I c S t I. )..,I t, S I., C g I
)r,11.111issloti. C,•I.nd si"Ich fit nes (..)I- I.m.-trushrnet-it. (-,is be prov-K-led by,
1('�IAV Llf)011 the C011-ViCtI011 t[1C1'C01.'r
n a c c o r d(,-1 n c c w 1 t. I i (I' h(,--i 1) t c r 2 8 1 1 L-:tvva-C'1 Revised Stcautes.1 (as d t h
6
' the ("ounty (..A' ol11 the (.,'orarol. 134.)('A1"d IS gl"CIMCd
01C 'CALIthority t() a-11. I'll."AUC!"S of`t[le I.I.quor 1(mvs C-Ind. t(..) tcak,.0
icensee I n (,,I C i I I ) n 81-91 f L'i %,v a'
C pp ropr Cue act ton ag,C--it 1"Ist ",I h c( -(k--mcc \N`tli Sect'(
lZev-1sed. Stc"itutes., <,-is an"iended, and the (."hxim,er the (`OLIM'�01' [ki"ral'i. I'l-ic Board
shall be C-tu th.on zed to ad(")pt, it'S RLde-S 1Z.egL11 `1t1'()11S irl with t[ic ( [i a I- -t c r
C -) I` i --11. 1 [1 �a v e
0 d") e CO U 11 t. Y 0 f' t I'l. MA I " i A 11 Y R. L I I e o r J.".) e c i s 1 () t'i 11, 11 d (".) r d c r t. ll e fl m, , rd s [ic,
)rder shall be
the Corce (,--ind et"t"ect, ot' L.:m, Violations of"' such R.L.11C 01' DeCISR")11 (I"Alld
SUbject t() disciplind,ry action.
R 1.11 4E 2-3 DIREC"."FOR OF '111E I)ETAR"UNIEN'T 01" L41Q1.J01Z )1, ]"he [')1rCCt(")r
ot, t[le Depc".1runent L...Iquor ontr(-fl shZill. he app(..)1ntc(-.1 b , v d-le C`otni nission zui.d t'ricay
be rern(.-wed by th.e ("on-iti.-nssion ill wit.h. t1le P1,0VISR)FIS 7-3,4(a)
of, the f ("ounty, C11.1a.1-ter. 1,11C [.)irector of' the Depcai-tn-ient I....,R-luor C."ont-1,01
shall,
1--id (-A"th-c delx�-ir-tt'llent.
3co, the he,C
B. Provide ctericz-fl uric Cad,n,un.1sti.*at1v,e sel"VICCS f(-.)r and on behaff of" t I I c o l:ri rn I s s 1. () 11
and the ffimrd inclu,din.g the subrnission (A' C"I hLid,cTet 110r the operatiori of" dw
Ivesticyc"'Ite con,IpLdrits regm-ling viok:it'or-is of' the h .1.1 -(.)1 law-s of" 0-le Sta-te
C"' I I < I . ](. ior c(..mu C
o r c o ti,i 9 1 1 d regulations established by the
plaints re�,)ardirl V'Olat'011S Of 1111CS C,All
oninilssion and rep(wt SUCh ViOk`16011S t() the PR)SCCUting officer. of, the Coun.t.y.l
provide(.1 thc'-:1t t1w I )irector sball bC k) SUbpoei--i�i C'.1t)-y witnesses (")r
records t[le ofc-in investigation where there is �i cause t,(.-) beheve th(,A.t Z--i
V, i. o k",l t *1 o I. -I. o 1. 1 C1 L 10 1- 1 ("1 �.kt S hc'A. S 0 C C L I I." 1.- 0, C1,
1). 1'3C c'AL1th.01AZed to CII'C'Act et'vwri�jencv rules iri the event. of SIC'.1te or k.)CC,..d
("c o r w e Ifia r e (--) f' t [i c p u-b I i c (,-) r t I.i. C p 1*0 t C C t I 1"I o t"
ernergen(-,�y, f.)r the healt[l, s,,--i- ty V
,I.nd, j..)ropertv. Suct'i et'rierg.et-w-y rule inay 'be �a,dopted, W101OU1, n(--)t1ce (:)t'hcw-u.ig or
pUblication <,--u,i.d sh.dl. be SUN 'ect
ject to the �approval ot' the M,,tyor and st-lall be In el"t"
1`01.7 thC (IL1.17("It-I'011 C)fthC Cl1'1ergCr1CY.
Ff Be �.u.ahori zed t(,.-.) deslUrIale ��), Portl(,)n )1." title t'j"I(nites C(..Alected fi:n use in prounin'ls
Zn tll�
t(.,) prorno,te c(."n,npliance u.) INU-0.1- J-C'AWS, SLICh PRM-11"C".1111S ITIC"Iy' itICIL-KIC, b U t is not,
III.-I-lited to ell 1"OlVeRleli.t., publiC SCINICe pf"0111otitig rasp(,--)iiSi1.)1C
dr1n,king and dt-lvincy, VOUth prograrns and educcation.
4"- 1.
1.9
PART' III. tilt"" ENS EN PER.MITS,FEES,t10tJRS
R U I, E 3 4 LICF'..'NSES, ("'LASSES.
A.. GENER..A.14. It shall be U11lawl"Id. for any person not having a valid license to
mCmUfi`ICtUre, in,iport, or sell. any' liClUor. Ucenses may be granted by the
Commission as provided in. Chapter 28 1, Hawai'i Revised Statutes, as amended!,
and the Rules of the Com,mission.. .1.,icenses granted in. this (""oun,ty shall. perrnit
the licensee to conduct business only in. this C'.'OUnty, except, as otherwise provided,
by law.
B. CLASS 1. MANUFACTURER LICENSE. A license for the rnanufactUre of'
liquor shall authorize the licensee to manuIaCtUre the liquor therein speciPied and
to sell it in original packages to any wholesalcr who holds a license to resell it,
and to sell beer, wi-n.e, or other specified liquor manut"aCtUred or distilled on the
licensee"s premises from fillitS or other products grown in the State, in any
quantity at wholesale in original packages to any person who holds a license to
resell it and to any person for private use and con,sm.n.ption, which retail sale shc 11
be C0II.dLICte(J ordy on. the rnan'ttfacturer's licensed premises.
Under this license, no liquor shaIl, be consut-ned on the pre-mises except as
authorized by the Commission or Director. R,equests for conStImption Of hqttor
may be submitted -f(.-)r special events such as a grand, ol',)em.n.g or anniversaries,
WIn'ch shall, be Purely gratUIUMS to patrons, and requests for live MUSIc and,
entertainnient at tl,).ese specital events may be submitted For approval.
ReqLICStS For product tasting of the manUfactured Iiqu(-.)r on the manuffiCtUrer's
premises rnay be approved by the ("(-Mimission during the public hearing on. the
application F)r a liquot- license. The approval shall be valid t"'Or the term of the
license held by the licensee and shall not be transferable. Pro dUCt taStin-gS shall be
restricted to the licensed premises in an area set aside f0l' SLICh tastings. 71-astir,gs
shall be restricted to adult patrons provided that the licensee shall ensLire that
consti-ni,ption. shall not be caLlse for intoxication.
An Application for Product Tasting shall be SUbm.itted Cor product tastings to be
conducted outside of the manufacturer's licensed premises, Tastings on. retail
licensed, premises are prohibited except when SUCII functions are part, of a trade
show, special license or for private f"unctions. The application and the conduct, of
such tastings shall be in accordance to Rule 3 -2-'D- 1. 1.
Of thIs class there shall be the following kinds:
1. Beer.
2, Wine
3. Alcohol..
4. Other specified liquor.
20
I:. - - (1 s a c c i. t %�v I -i e re i i -i
All. sh�,-All k.cep sq)(,.trate (fistItAct, 1"CO)i
sfi�,-.ffl be critere(i d-lc ru--tri.,ic of' the 11CICIISCC14 11CCIASC, rl.tunber, PICace busin-CSS., thc
day, i nonth and year in �-vhlch th.0 sa-le. Is rn.ca-de C'...-Ind the C-1-nd Price of 1.1,CIL1,01-
s(-,)I,d, to each licensee. It, shall bC LIIIIZAW1111. t"(.-)r Cany holder otC-i
liCCIISC k) or I.I.Old (,ulv Interest \vh.(,,-A,tSoC%"C-r in the license of.. licensed
"JI'S SLjJ.)SC(j'(')j--j 1.1 "A
)k-1-Cr Ca
1) r e I -r). I S e S I . . S 1-1 �'-j I 'I t p rl. I t. ll c 1. 1
4, r i S d I C t -1 n
license und.cf. th's chaptel' 01' Utldff t1lC Ic"1W.
anv interest, in (fie license (.)r 11ceti.sed prern'ses -i %vi-iolesale,
.1
dec'-fler licensee under this ch,(,iPtC1,.
• rm--uluk,lcturer ot•' beer or �vljlc C)I` specit"Ied Wh(..,.) c(..)n(lucts rct.�--111
sales to pers(-.-)n.s I-"(.-)r prIV("Ate use clnd Col"ASUInption shc,-All be required �,A-n
aUthorized person in Ewtive cht,-uo-e o-Fthe pren-iises on duty PLIt'StIc"Allt tO RUIC 5-2..
k N'T' U., I E N S E
C,11'., A. S S 2. R E ST' ik. JW
I A JI'MISC Un.(.1er th.is cl,c--iss shall C"'lutt-lorize tile licensee to sell 1i(lu-(.,)rS herein.
specifited 1"or consuniption on the premises, except thZ-a a reStC'AU1`,-U1t liCC11SCC
I I -I. .) P I V � de
'de oil' pren-,iises Cr-iter`ng wh'cll sh.all pertn' - the licensee t(,. .0 1
rnay prov-1
11clu(-A- rM sc,---dc mu'.1 C01-1-SU1.11I.X101,1. C"At tile czuercd prerri.1ses �-vhile
CIC"Alenrlo t'un(Wtion, "I"he caterit-ig 'CICtiVity st--ica,11 be directly- reL-acd. tile
licensee , s operca-t-ion C-IS C' I 1'CStC'1U1'('AT.1t.- Provided tl-u---it the Director Shall 1..,)e
aL.11110t-IM1. to establIsti the pent'I'leter and COI ISLIFT.Iptioti areLL:,i for the catered
premises the sale, service C"',uld con.sLIrtiptiol.1 of liquor. 1-tie lice-f-I.See
b I. 111 "1 C C 1-6 fil C(,--:1- t C•C I W C t 0 T' C t I (,.) rl I n,
f"ron-1 tj I C 1) )r each C�---itenng fi.-Iric
accor(,-harice with. the pertli'lent 1.)
c R)Visi.('.)ns ot"R-11le 3 - I -'N -2)
...A,
licensee who -,mils
to tneet, the reclt.,tiremeri.t where Y".) Percent of th.e
(-
cstablishrrtitgross
ie's groreVC1'1UeS 01" t'(.')C)d- Gavellic,'luor are denved, fi-orn t')(:..) d sales
sl-mll 1-.)e J`ror--ri clatel'iticy 0 I'MVII'llSeS U-11-111. SLIC11 611-1-C tht"It S�:-d(-1
li,--is been. rc-est-tbl'shed.
c 1C I
A. licensee under tf-us cl(,-Iss shc-ill also a,UthO1-1ZC 111C licensee to sell bcer-, ni.alt
t. t I wensee
beverages, or cider f'(,)I- ('41"'TI-011--liSCS CO1L.11t1( 1S-T1p")r1., provided t.ha w I
has tfie �-Ipp-ropric,,-ite k1ric] (-)f' licen.se, at -id provide( -I flurflier the beer,
bevcra�,4,e cider is sold in a securely scale(.1 or covered Ass, Cel"IC 1. 11. 11 c r
nd C-�-Ich SC.C. ded of.
rn.etc-it contcaitler that is sold to or prov'(Jed by d-le P,C-1trot'l, . C-I
CoVered cylass, ceuatnic., 01" riletcal container does not exceed C-1 nicim'111LUT)
C<1'AjXA-Cjt�'
A liceri,see un.(-1er- this cb,1-iss sh,(,--fll be lssi.wd a heellse CIAM".)RIII-Ig t(..) ti-1-le CZ-11-egory
" c ol st,�C ,tb II 's h rnera t I-i- e licensee own,s of, oj.)erat CS, "1", 1-1 C C a t eg gones ot
esuablishrnent shc-dl be Cas follows:
I r�. A, stat-idard b(ar pre-rn,ises in whicl-i recorded ri-iusic is Pertnitted,
B. A, l')-rermses iti which live criterta-i-n-ri"ient ('A' recorded I`11USi.0 iS I)R'A'Ided
,:mcl/or fiacilities tor dancincy, by the patrons n-ic,--ty be perf"i.i1tted ors
b
providcd 111 tile SLIbca,teuories Iisted, he -rem:
I"
1. A. preniises in which. recorded niusic and live entertaintTient, are
provided.
2. A premises in -which recorded rnUSiC, live entertainment and
dancing are provided.
If a licensee -under Class 2 desires to change the category ofestablishnient the
licensee owns or operates to a higher category, the licensee shall apply 6or a
new license applicable to the category of the licensee's establishment.
Changes to a lower category can be done 'without public notice.
For ec,--tch categ(--)ry of(".'k--iss 2 lice-tises there shall be the following kinds-.
L (4'enercal (111CIUdes all. liquors except al-cohol).
2. Beer and wine.
3. 'Beer.
A new class 2 license, may be issued prior to an establishnient commencing
opera,tion. An. al '-p ilicatlon. t.cc
or a new lass 2 license shall inc; a
certification by the applicant that the applicant intends to and shall derive no
less than. th.irty percent of the establisht-nent's gross revenue frorn the sale of
1 .0
. ods.
A. 'licenSCC under this class engaged in rt.ieal service may also sell. unopened
beer, unopened wine or properly seated mixed cocktails with food for pick LLP,
delivery, take Out',, or other rneans to be conStIfTied off the premises.
2. Notwithstanding Section. '281-57, 1 lawc,--Wi Revised Stattites, as at'nended, t1le
( onin-iission i-mc-ty approve at One pUblic hearing andwit. 110L[t notice the chctnge
to a C,,'Jass 2 Restaurant license by a Class 5 Dispenser license who meets the
recl.ttirements of a Class 2. license.
Whenever a licensee is authorized to provide dancing by patrons, each area
where dancing will be provided shall. contain no less than 100 square feet a,.nd
shall -not obstruct the norn-ml flow of traffic.
1). CLASS 3. WH01.,ESALE DEXLER LitCENSE. A license for the sale of*
liquors at wholesale shall authorize the licensee to import and sell only to
licensees or to others who are by law authorized 'to resell the liqUor specified by
the license but are not by law required to hold a license provided that a Class 3
licensee tray sell. sai,nples of liquor back to the mallUffiCturer.
Under a (.`j,C,tss 3 license, no liqtlor shall be consurned on the pretilises except, as
a 'tior ut. -ized by the Commission or Director. Requests for consumption of liquor
may be submitted for product tastings or special events such. as a grand opening or
anniversaries which shall be purely gra,ttlitOUS to patrons, and that requests for live
music and entertainment at these special, events may be submitted for approval.
Of this class there shall be the t"61lowing kinds:
1. General (includes all liquors except alcohol).
22
13 C C r ..11.1 (.1 �k 1. 11 C
.3, A. I c (.-) h ( fl,
R, decaler Solicits or t�:ikcs any or(-JC.rS ii-1 at-i.y c(A-aity other thZ.-I.t.
%r I Cited, the orders be I' ,led (.,)ri.lV by
h.erc the dealer's place husiriess is loc,: C �7 , 1 .1
Sh.lPillellt direct ft-ori-i th.e cou,tily It -I w[lich the Mu) es,, � e (Jear ler 1-i(,:,is t1w (--tealer"'s
lAcetise. Noth.lri.cy- iri th,ls su,bSecu (.)rf shall i.)revent Zt wholcs<,Iler ScHit'lo. hqu.ors
to post CxC11a,I.wYC,k;,, Iships scrv,ice stores, c1ubs, or like or�,Yaru.zC,,-m(.)I1S l0ccled (MI
I'n tca r Y reserwiti(:m,is, or to (atiy- -vessel thari vessels pert.'61,1-1.11JAg C"I rCgLI1.,C.,.1r
water set,�)Icc bct\,vceri tativ, tw(-,) or rri()rc I)OIls 111 (JI-C SIC'..1-te, Or to
d"I V it.
mu."ni Col"I'll.x-1111\ cs ,vho operc,-i C. CUI "Ieric,11 S1..1.bjC.Ct t(..)
(A,i,(,�ipter 260, Revised SU"AtUtes, as (,,1nieri(Ied (ITICI el. C.q iti regU c I
Zn zn
passener ser-%,,ices bet�veeri anv two or rnore arr.)orts iri the State for use ori
)tis use ori
Y C d n t r a ti s p,-:i c i f-i c f1 t (.
,C'i I r c ft or avi.�:aton cot'npam.es cti.g(,• tg VCMIK
a*rct-,,tft outside the I I . I C - juriscfict,ot.l oftlw Suac.
A.1.wlesA e,eran, -Alcitraecite tn1 dIktitwt records of "ACCOL11.11 Where'ti shall be ctitered the of the licensee, licerise, M-11,11ber, Place
c I C C C:
of business, the day, 1.11(11101 C-1,11d Year iii which the sale was nmdc the qua-t-Itity
kA ri (11) r I C e o f" I I (I. L 10 t' Sk,...) 1 (.1.1 t t each licetlsee..
t s h a I I b C L. 111 L.A. W t"Ll I 1"t-) I- 6-t ii y I I o 1 (1. e r (..) f a. w h o I e sca, I e d e(a I e r I I C e 11 S e to C-i c q. t, i I r c (,.) r h (_-) 1. d
a I icy or licensed pren,ilses of a retail. Or b1_CWf)Ub
ny interest, whatsoever 'n the H
L ( l'-ENERAL.... A. 11cellse to sell 11CI.LiOrs at retcail or to C].,(-iss H) 11CCII.Sces" Shall.
``e-..l''-:
C1UA11.0NZC thC liCCfISCC tO , lthe hquordlerelt). S1.)eCified. 111 theIr orkitl.c11
Z�
jxwkaues. A licel"Isc uti.dcr this cL:.,tss sh�atl ,::ds(._-) aufl-Iorlze 0-ic 11M.I.See 1.0 sell
bcer, bev. i ti. i. i ri. -)v1ded that the beet-,
elcu.J.C.S, (M, Cider packao-es- pr(..
t'nEdt bevcnc--ige, or cider is sold iri, a sect.,irelv sec-ded (-.)r covered cy-lass, cer-(,,u,i--uC
or n') tc1 1.1 C orl t 4 a Li
ner ner that is Sold to or prov.j.ded by the pC,,-ar()rig calld cach secaled or
COV-et-ed gIC-tss, Cel"CLUT11cl. Or 1.1.1.etcal does not Lhx,cc.e(.'t a maxit.-riuin.'i
h d
CclApacitV (..fl, one hZI.If-cral lot). Si'C.-des stic,-fll. be conducted mily on d le icei'),se
pret-nises except �'.Is ProVI(.1ed herein. LACCIASCI.es 1,11d"Y (--i(1-vert1SC
[N-OdUCtS ��.ffld PI'iCCS V K"I C0111PUter of- etectrot-i,lc
a a- & " 11(..) liCIL.101' all. be C011SUITIed 011 the PI-CilliSCS CXCept. C"IS
lSS 1.S1 i
1. 1" e c t (") r o )(fuct te'Istu,igs or 1"("n, special
CW.tJA0ri/CC1 1.)y thC ("Of"11111issioll 01' r t, r 1.) r(
eVetlts SUCh. (,:ts a cyr�,-lri-d operi-hic)- or atmiversc, tries, whicti slicall be pur-el-v
grat'LlitOLIS tO Ix".,10"011S, ("u.ld thc".1t requests •fOr hVe 11111SIC 'All
these special cvctits n-uy C-ilso be subri-i1tted for (,ipproval.
As aL1tYR'.)rized by tyre (...'on.-ii,njss101'1 (.Mr �.,�rrM��°t€,..�r , �'.r r ��t�:t.r ���r ri'my chc,--irge I.."Or
prodUCt U"IstitIg to I.-ICIP Costs.
Of th.is class there st-iall be the CollowincyC� kinds:
23
L ( 1'eneral (HICILIdes all liquors except alcohol).
2. Beer and wine.
3. Alcohol .
Mcohol niay be sold, f,(.,)r non -beverage purposes by a retail alcohol. licensee.
-to a person holding are. 11,11col'.1ol
The sale of" alcohol sliall be ml-C-ide onlyC
purchase permit approved by the Com.mission. The licensee shall niaintaill
permanent records of the sale., inctuding thename of the perinittee, the date
and quantity of alcohol sold.
1"he retail, dealer ti'my have rachos, television and 6iny other systeni. providing
recorded ti-mic on. the pren-iises Without a permit issued by the Department,
provided that the license shall be subject to compliance to Rule 6-4, relattlig to
noise, as provided herein.
2. DELIVERY. A licensee who desires to provide delivery service of liquor
shall be required to Stibrnit a written request to the ("o-n-imission for
consideration. Any approvals by the Commission shall. he valid for the tern'i
of the license field by -the licensee and shall not be transferable. The
("onitylission reserves the right to deny, approve and condition any approval of
delivery service, ,Chid to withdraw SLICh aj)prOVal LIPOII propet' notice i".111d
lie,,,-irnig when the licensee fails to comply "7ith the provisions of this rule.
delivery service shall be subject to the following conditions:
Ln
A.. A custonier or aUthorized agent, 21, years or older, shall place liquor orders
directly to the licensed, premises and deliveries shall be restricted to
P(`10-011S within this (I'(.)LItI.tY upon. a bona fide order thereol, provided that
payrnent shall be made at the licensee's place of business. The buyer shall
file a written statemcn.1 of authorization with the names of persons
IC "Flie
21. years or older who "ire authorized to order or receive liqUors.
exchange of ni.onies at other than. the licensed prem,ises is prohibited.
B. "rhe licensee shall be reqUITed to ensure that the bUyer and atlthorlzed
agent is of legal age, and shall maintain a Customer file with a copy of the
identification. card which shall clearly Identify the patron's name, bi.1-th
date, signature, and address. Deliveries shall be within the legal hovirs of
sale.
C. The order and delivery form shall be legible and contain the custorner's
name and address of delivery. Upon delivery, the licensee shall cause the
buyer or authorized agent to sign the delivery omi. Such records shall be
kept for 2 years.
D. Delivery shall be maide only to the person ordering or the authorized
agent, provided that no licensee shall. deliver liqUors when it is apparent-.
that the liquors may be consumed by minors.
E. C.Urbside delivery by licensee shall be permi,tted to customers who
purchases liquor by carrying or delivering the purchase to Customer's
vehicle or other designated locatiorl.
24
4f"" SI.. C(1 t(...) sell g'ft 1-),-iskets
I 1SC -111 htt
wIBASKI . lic hcel .e, pertni -C sll�
J.-m-oducts thc..I.t. tile C(.,)St. of, the lt
(..J,t
zn
Ix-isket, r-nust ret'lect th.c cost of each item. c()ntairled stwh SC-11CS slic'-:111
p
b e c ri. s 1 d c I- c d s a, 1, e s (,) f I ti I. o x 1 c a t'l n I i. (.1 t. I. c;.)r s u, n I C S S t. I I C p I" () (A U. C t C () I I t.'(A 11.1 S S C P (I. I , ("I t C
zn
I I Cl L-1 I' t'"I. I.I. d 11 o n ..- 1. i (.-I. r,l (.) r c (.)c CS,
.41,N S FAw. C"LASS 5. DISt"ENSER I R'.1"
I C 1. C C 11 S el C, t 0 S C.
(,,Y.ENERAA.[,,. A. hcetise uti.der ttils ckass . hZ-,d1 thc H
lic--luors [).Creiri. specit"iM 1`01- C()r1SUI'T1j)ti011. C)11 the 1,11-CITI]SCs. N(,") 11CIU-01" be
ses excej.)t LIS ..)t -1-1 C Cl
eA
I I %v e d t o b e cc, irrlcd (.)ff the liccnsed prerni herwise 1.)1. )\�i(
in Rule 3--t-W. A. licerisce urider this ck-tss shal] be ISSUCCI ('1 licel'Ise dCC(.)I,,d.IT1.g
to '[,he cc,'--itegor-y the licensee owns or oper c-Ites. Th.e Cz.-Itcoorles
ZI)
she -ill 'be pis Follows:
.A, A. stC,-ind(,Ard, a. pret-nises it-i which t,c.c(.-)t-(,Ied unusic is j-.)er--ri-utt.C(J.
13. A preti-ilses it'i. which Hve crilet-tainn'ient or recorded n1usic is perri,iitted
and facilities dcancincy-, by the p,,atrons rtic,"iy- be pertuia.ed as pi-mided
by ("onirmssiori, rules in the subcatecyories as 11sted 11creirl:
1. A piet-ruse-s iri whicti recordcd in,usic ("ttid. live is
1-,) e r rti I t t C, (J .,
2. A prerriises M whIch I-ecorded RILISIC, 11,V,,e
daticing i . tt g S p e rii-i JI C C1,
prertilses It'l. whIC1.1 Person pC.rt(.)r,r)1S or eriter,tw.iis in attire r,est.,rict,cd
t(.'.) LISC by entert-anlels pursuarlt
I.,). A pret-mses iti, which cri iployees (-.)r enter-u,finers are con-ii'm.-ISC-1-tecl, t(.) sit-
�,Ith P4,:--ttrorls whether or- not the en,ipl.oyees or et'itertaltiet's IC1,11,C
C011SLI111ithy non.alcoholic bevcrages %k4-ille in. the company Of" SUCK
C>
1.mtroris pul-SLIC'.11"It tO (.'0111111ISSi011 1111CS, 'It" CI licensee unAer lass 5
destres to Ch".1-nue tfie C,4,,.1t.egot-Y ()F SL]bcc"'ttecyor
ZTtlY- of establis[unent tt-ie
I.A.M.1see (MI'lls c,rr operates, the licensee Shall (,,:.Ippl( f."or. C,.t new. 11CC11se.
apphc.,,ible to the c,c-ttegory of` the hcensee s esu-1blishrner .t.
iere sh.aH be the klti.ds:
1"or each c,,,.ae(,,TorY of'C'.Aass 5 hcenses t1
I ("'Ten.cral. (il'ICIU&S '(111 cxccf)t cdcol.-101).
Flcei and, wine
3. Beer.
Whenever (a 1.J.CC11SCC IS C`AUth4,.)r1zc(.1 to pr(,��,Idc dat.-I.C111(,.Y. by eIC1.1
w I I el, r e (.1 'a n c I ri g. w 11. 1 b C J.'.) r ov i d c d s h a 1. 1 c o ri t �.t I ri ti o I e s s than 1 0 s q U a r e 1,,'*e e t C-1 r,i.
sh�.:11 t,i(--)t obstruct the norr'n.c'.1.1 flow of .( JIC,
2. RELATIM.N. 1"0 CATEG'A)RY An. applicant tor or a licensee holding a
C."lass 5 Dispenser liqUOr license shall obtain. Category C' designation when
the applicant or licensee proposes to offer entertainment in attire restricted by
Commission rules or proposes entertainment which is sexually Suggestive.
"Attire restricted by Commission rules" sl-i.atl mean beach atti.re, such as
bikinis or specd(-.)s, which covers the f'erna,le breast.., and buttocks and genitals
of` the per,6orry.i.ers.
A licensee holding a Class 5, Category C'.", license shall not permit a person to
perform or entertain in a licensed premises while Such person is unclothed or
is in attire which exposes any portion of the pLibic hair, anLIS, Clef."t of the
buttocks, genitals, or the C-treola of the fernale breast. 'No attire shall be
removed during the perforn-lance. Said entertainers shall riot be permitted to
remain on the licensed prern.ises before, between and after such performances
while in SLICII Cittire.
Perforryi,ers shall be 18 years of age or older. The licensee shall obtain C,-.1
Minor Entert-c-tinnient Permit for performers 18-20 years of age, in Accordance
to Rule 3- 2- Per-foriners zire prohibited fron'i commingling with patrons
(I'Liring the perforinance and no tipping of tnoney or otti.er gifts on. the
perfi)rr.rier's person or attit-c is pert.-nitted. "I"he licensee shall provide barriers
sufficient to obstruct the view of anyone OLASIde the premises whenever any
entertainer is perfiortning therein. A licensee o f this category shall post a copy
cif" this rule and shall ensure that all. perforni.ers are Familiar with this rule.
1 r
3. RE'LA"FIN'Cr UO (.A`FECV`()RY D. A licensee holding a ('.','.Iass 5, Category
D, license pertnits designated etnplovees., hereinafter referred to as
"h(�)stesses, to sit, dance or entertain with patrons. Hostesses shall be
required to register at the office of the Departnient prior to such employment.
To reuister, a C.1-ategory D licensee shall subtiul a letter of ernploynient
indicating the natne, address, birth date and (late of employti-lent of" the
i,ostess. "rhe hostess shall be re(lUired to produce a valid identification. carol
with picture. A registered hostess shall be issued a photo -identification card
which shall be valid for a, period of two years from the date of issue and the
fee for St CII identifIcation card shall be assessed in accordCance to the cost of
materials. A hostess shall, be required -to register at the office of the
Department for each (" 11 <,,-itegory D premises it is employed at.
The licensee shall maintain daily time sheets off all. hostesses on duty and shall,
inclUde records of cornpensation. flostesses are permitted to solicit only
nonalcoholic beverages as a gift ftotn or at the expense of the patron. A,
(""ategory'D licensee shall:
A. Post prices of alcoholic and nonalcoholic beverages which shall be
-visible to all patrons,, and,
B. Cause all liquor and nontiquor sales to be recorded and readily
identified by a code.
26
ISE CA.., A S S 6,, (• " I LI 13 L., I u,, 4
1. A club licen.se shall, be cl-en-et-fl. onI ( Cmd C (bUt CXCltIdiJIg al.001101) s [i�a I I
autl:i()rIzc the licel'Isce t(...) sell hCiu(.,)rS t(..) unCtIlbus of' the ClUb and, t(,,.) guests ('.)f`
the CIub cnjoylnthe privilco-es of, Cor only (...)n the
pret-niscs kel) t an(I o F) c rZ i t c (I t) y- t h e c I i. i b
For purposes of, a CI(ass 6 It,ib license, n.m-ribershij..) is as del"i-ned in the
bYL-Aws the oro-(,-u-ilzation by reciproCc'Al 'C"IONCIIACIlt c"11)(I HICILKICS rnernbers
(I)CHIC Sc"UTIC C l U b uncter (,-.t Stcatc..
A club n-i.eti-iber sh,,-:111 c.,Ils(.) be <'..11.1thorized t(.) keep In the n--icnibcr 1) s p -r i vci. t c
locker on the prcn�iises (,i re,cis(.)nI,CibIc ClUantity of liquor, it." owned, by t1le
n.i.eti-i ber, f'(.)r th.c rrien-iber's ow-n persorical use n()t to be s(.,)I(I, and �vhlch
t-ricay be consun-iecl only, by tfi.c ru.eui-1 ber- on the pren-.11ses., provide.d. dia.-I
priv("'tte lockers are t'u")t � r.v�Jflable tf-us pri-vilege stiall I.-)c pi-ohlbited.
'Fhe club t-nay host teen events ptirsua,n.t t(') Rule 3-2.-D- 1,2, whether or riot the
teens are ti"ici'Ti.bers.
A licensce i,incicr tf-ms chctss sti,all, be issued licellse C,Icc(..)r(.111.,I9 tc) tl.,ie cca,tegory
ot' establish-nietit the licellsee (MIls M* (,.)Per(,..ItcS, "I"he c(,.:ItcgoI.IcS of'
establishn-i.ent shall be as f0l.Jows:
A. A, stc-in,dard b�-Ir; -a prct-i,ilses in w1l.jch. rec(...)rdecj n.,Iusic Is
B. A j.-) r c s c in I c 1.1 r c c c) r (.1 C (I FIRISIC live is Pern"11 . Ated
'AIIdA..-)r f"I.-ic'I 'ties dancinty by the lxttrons ti-i.-ty be per-uI.Jaccl as
provided in the subcategorles listed 1.1creirl:
.1 A. pret-nise in wh.1ch reCOIXICCI FIIL.ISI'C live arc
Perl r] 1. t t c ct
2. A pren,iisc. In WhACh. t-CCORI,Cd 111LISIC, live
cIancin.,(,),, peri-nitted.
hc en.secl club sh,--fl] keep -.t ut o n-njflete list' ttic n'ien-ibers which sl.�iall be
1.
convet'itera f(--)r in,specuon. on the hcensed. pre:rnIses. A. guest of'ca tncn.A.)cr or a
N)n,a 1"ide guest enJ'ov'nc) th.c. privileges rnen-iberst-111) sh.,,.1,11 registel, to c"I III
entry into the pren.'ilses. SLICII I-e-giSti-ati(Al Shc'111. InCIL.R.-IC thC M'1111C Of' Ole gUCStI
dc,"ite, and n.c,,,irric of host Cuid sh.al.l, be prochtced Micnever recIttired, 'by ttic,
(_'ot--nrnIssI(.)n C-ind/or by its lt,i�,,csugator,, A CIA 11cel"Isce SlIc'.111 bC tO
h(-)st ch,aritc-ible ftit'ictions tlr rt c,r,re Oj)en. t('..) the (Tel'icra.1 Pu-blic On.1y to
('01.1"IfIlISS1011 ('111b rccoi.-ds sI,-i(,-,-d.I. be kel:)t at lc(,--ist 3 ye<,-Ars.
27
H. ('�IASS 7. RESFIRVED.
L CLASS 8. TRANSIENT VESSEL LICENSE. A general license may be
granted to the owner of' any -vessel for the sale of liquor (other than alcohol) on
board the vessel while en route within the juri,sclictional limits of the State and ill,
any port of" the Suate. SLIC11. sales Shall be nii-1cle only for conSLIMption by
passengers and their guests on boc,"trd SUCh 'vessel during hours established by the
operator/licensee. The applica,tion for the license may be made by any agent
representing the owner.
J. C"LASS 9. 11".)UR. OR C"RIJISE 'OVESSEI, 1.41t.""ENSE.
1. A general license may be granted to the owner of any tour or cruise -vessel t"or
the sale of liquor (other that alcohol.) on board the vessel while in the waters
of the State; provided such sales are made only 6or C011SU,mption by passengers
on board while th.e vessel is in operation, OUtSide the port or clock. of this
("O'Linty, or while the vessel. is in I , c )ort tor a period, not to exeed, 60 ni.inutes
prior to and after the sail, within the legal hours of sale for this class of
licei.,ise. 1"he license shall be issuable in the County where the home port of the
vessel is siatl,(,aed, otherwise in the City and, County of 1101.10WIL-1. 117 on any
::::x -ter 281, law,,-Wi
Vessul I'()r which i'u-) license ti.,,Ets been obtained, Ulldel� Chap I C
Revised SU"AL.Ites, as carnerided, any liq'Llor Is sold or served within 3 ni. i 1. e s of
the shore of any island of the State, the Same shall con.stit,ute a violatlon of
said chapter.
2. A. licensee Utldff this ch"iss sh.all be issu,ed a license according to the category
of establislitnent the licensee owns or operates. T'he categories of
establislimerit shall. be as follmvs:
A. A stand,c'n-d bar: preni.ises in which recorded ni'LlSiC is permitted.
R A premises in which recorded music or 'live enterta.inment is pertilitted
and/or fiacilities for dancing by the patrons may be pel-1,11.1tted as
provided, in the subcategories listed herein:
1. A premises in which recorded ITYLI Sic a.nd live entertainment are
permitted.
2. A premise s in. which recorded, inusic, five entertaint-nent and
claticing are perm itted.
28
.1. 0. S
A speci,,-d 11CC11SC n.-Icav be (yr-inted tor the sa-le ot", hquoi
K. C` I ASS zn C
-1 -1 -1 to exceed (.A.--te or for perioct
o r C (..) 11. S u. t-] 11.) t. I n o n t [i e ji re t-ii I s e s ("o r 1.) e r i. o c - r
n(,..,)t to exceed, 3 days C-,md the event shall be opet-1, to the pl.,iblic. I he I S S U CIA 11 C C. o
spccp`,)'-' .ia.Cllss alretricttom)t4.w-rot r(,1ni.zat1 11. S t(Itical
P'C'Irttes and/or political c,C--uichc1Z Ites. Of d-AIS CL.-ISS there Shall t)e the
G'en.erC,,,fl (In.cludes all. liquor except alcohol).
Beet Cu 111. e.
An orgCi,n-1-zZ--U1on sh<all be required to obtaii'i '.1 SIX.C1,31 licen.se wheil.evera,11Y ticket
sa,le, entry f c, request for dotiation. or any other -type of paymen.t n.ecessary, (`or
entry or j.)ar't'1cIpCa,t1(A,i in dw fuxiction is required to con.su,l-'I'le HqU,or.
Any recyistere(I educc,,--ttlot-ual or charitc,-:ible tion-pr(-A-it n--ic,-ly sell It'),
their on it,ial packao-c for ot"F P1.'CMiSCS C011SU11".1ptiOn. pro-Oded tt'i-it, sucti, sales sh.,,fl.1
9 zn
be by cau,ction otily and shall tiot exceed, 15 cases of win.e, 10 cases of distille(I
spuits, afid 30 cases (,ifbecr or ri-is-fl.t beverages per event.
Applic<,-ltlons shc,--111. be ot-i a 1.:ort-i-i pre-scri.bed, by the an.d s[mll i.11CIL-i-d-c:
a rcnt,C,-.-d -C--igreeti-ient or like clocUM.CT-It gri,L-mting possesmon and cotitr(")l (-fl" the
pret-iiises to the applicc,"1111, (2) tcax clecarance cer-tificcate; (3) a wriAten statet'nei,it
sigi.i.e(I by the owner or represen,tcitive of the pr(.'Terty con-sentit-ig to the sc,-,fle ancl
t
C(mlst,,1111pnon of hquo-)r C,-:md t1u,,.i,t such 11inctfori w-111 be subject to the
hqLlor Laws to inspectix,M-i by investiga,tors-, Iel"111d. ("t) a, sketcli of' tl--w l)-ret'i--iises
desig-ne-itin.g ttie C-:.vea Cor th.e sale an.d C0r1SUI11j,)ti( )n of 1Iqu(.,)rs cand, irigress and
i'mc,ty' reCIL that
egress for the pren,uses. `Fhe Con-ui-tisswti at Rs discretton ' -tire
SCCLtrity tv pix.wided.
lrM treck..)r n1C.1Y, ClPprove zui.d issu,e spIh ICC11SCIS Subject to subseqt,,tent
] , - "Itl I.-1Cafi(...)n by ttic C"ormlI-i'sSion.
A. [.)rCr11.i.ses licf. ensed "or COtISLU"T'i.ption. of liquor t1i,ereon t-n,ay per-n,ilt the LI,Se Of Cr
c1esigim-ted ot" Its Pret'llises to a (,-I.ualified, (-.,q)pl1carit Cr specjc,d license with
-iiit a
prior approvC, il of' the [.)irectot- or dle "Hic licel"Isee S11CL-111 SUN
written state-t,iient grantirig pert-i-ilssion. to ttie f0f* ("A SI)ecical licen.se arid
shc,--fll desig,nate the area, date Cr id tFixie of the event. 1"fic special licensee an.d the
lice'risce of, the licensed. pret,ru.ses 1111cAy both be held �iccom.,intable fi.m- any viol(.,ItIOTIS
o)fthe liqu,or laws.
A final report, of gross liqUor sales sh�a,ll be S'Llb-t-i'fitted w,10,iln 30 d�ays of.." the
expirati(,.ml of ttw special ticerise on a forn-i 1.)rescnbed by the ("on-u.,Tilss.1.011, FallUre
t .. '"I e " C-- icat'ons for fiqi,wr lice-n-ses.
o 1, 1 <.I repol"t n,iay resu,lt in i-etu,sal of S'Libse-quent ,.t.ppl I . I
29
CIASS 11. ("."ARARE"I" I.ACEASE. A. cabaret license sh.c-ill. be general only (btlt
excluditig alcohol) and stiall. CAUth(..)rIZC the sale Of liCj.U01-S t*(')I- C011SUMption on the
premises. This license shall be issued only for prerillses where Food is served,
facilities for dancing by the patrons are provided, and live or aniplified recorded
f'. , I ided. Profess'onal entertainment by a
protess, ional entert-iinnient is pi-ov
,111U,stc ot
person who pertorrns or entertail"IS UnClothed is prohibited. Attire for pr(-.A."essional
entertainixient shall be restricted to beach zittire, such as bikinis or speedos, which
shall cover the fem-C-fle breast', the buttocks and genitals of the performer.
Entertcamment Which. IS SCUlally SUggestive, stripteasc ciltertcaninlent., or the likel
is prohibited.
Per-fort'ners shall be 1. 8 years (.)I- older. Perf'or-mers between the ages of 18 arid 20
ye(,Ars of.' age shall obtCain a minor entert,Ztinryient permit pursuant to RUle 3-2)-D-8.
Performers are prohibited from. comnlingling with patrons dttring the pert"ort-na,lice
arld tiles of' trioney or other gifts Oil the pertlor-m.er's person. or attire shall. be
prohlbite(i.
Meals prepared in Suitable kitchen facilities connected therewlth, containing the
Z-1
necessary equiprylent and SUPplieS 1'or cooking an C,-,issortm,ent of tcods, shall be
available to patrons while the premises is open for bUSiness. 'Fhe premises shall
have a. n'lin.111111111 of 1.00 squx,tre fieet suitable IX.) r dc,--in.cin.g. Each areca whet.e
dancing by patrons will be provided shall con(-,,C,-iiri no less than 100 SCILIC"11-C feet
which stiall not obstrLICt ttie nori-nal flow of traff"ic.
M. Cl.....A.SS 1.2. j.j()r'1"EL, IA.( ENSE. A hotel license shall be getlera-1 only (but
CXCILiding alcohol) and shall aUthorize the sale Of lKI'Llor for C011SUITIpt.1011 Oil the
preinises. I'lle licensee shall be aLlthorized to provide enterutinrilent and dancing
oil the hotel. preiTiises, provided that itl Such area where dancing will be provided
the fl.00r area set aside for dancing shall contain rio less than 100 square feet and
shall not obstruct the flow of traffi1c. A h(-)tel. licensee may provide of'(1preniises
catering (.,)f Cood and liquor which shall pennit the licensee to provide liquor for
sc--tle arid con.sURIpt,1011 off the premises while pert.ornling (�oo(l catering ffincti
Z:> 'L lolls,
The catering activity shall be directly related to the licensee's operation as a hotel.
The licensee shall obtain. a certificate of approval from the Director for each
catering FUnction in acc ordance wi t1i the pertinent prov I s ions o f R.0 IC 3 ) - 1. -N'-?
A holder of a hotel Ii.cense shall. provide and maintain sleeping accornniodations
which shall be offered for compensation to transient or permanent guests.
ProcedUreS SLICh as room service,, selt' service (rio-host') mi-nibars or the 1,1k.e in
guest roonis, and service at priwate par -ties rn areas which are on the property of
and contigLIOLIS to the hotel are permitted.
Licensees shall be restricted from selling liquors in its originc-il packages except
via morn service and in minibars -installed in hotel guest rootris. Said service sh,c,ill
be initiated at the request of the aduIt guest. Minibar and room service sales shall.
be restricted to registered guests of the hotel of 'legal drinking age and
consumption of liquor shall be restricted -to the hotel. guest room.
30
A hotel 11cellse S11(311 the 11cellsee to sell bccr, n,w]t bevct',(11�),.cs
otT rconstit
i,iption, Provided tliat the beet', t-mc-dt be-verCiges or cicler is sold,
petnises
111 C1.1. sect.irely seatc(I covered gki,ss. ceran,itc or n-letc-11 conairier th.,c--:a Is solcl to ("K
provided by the c"it'i.d. 11-ic c(-.)ntc,,1Incr slia,11, not exceed
o n e h a 1 9 Zi - lk I. -I
t
i\�. gencral hcefis( I-1.1'.1-Y be t.( arvv -1-pplI.1 4.10
serve,s 1'0(.-)(i (c-ts part ol'thell, (TeNI'l,tion. 1"or dw s(,"ilc c'-Atid of hqu,or
(excluding alcofi(-A) while perf'Orn-ling t'(.)od ci,atenn.g ftinctl0fis 011 tlic c�,--tte-rcd
a bone. fide mid certifited kitchen. of-T r1110
pren'l ses. ICC-I'I.SeC 111LISt POSSCSS
a Full service rnen.u. Additionally-, at least 30 percent ot" the
gross reventle n-u,ist be (],eri-ml t*xnn the sale of f'(.--)oc1s.
An c,ipplic�AtR.,)I1 for a caterer's Itcense sli.c,,fll be SLIbIllitted fi..)r appt-ova] by ttic
Con.-Inlission. "I"he application shall be considered at (.-)-tie hearing sfi�,,-Ilt n.ot
be sub,ject tO OIC I-CCIL11rements of Sections 28 1-57 to 60, 1 lawai"i Revised
s t� 1. -1. Fees J..,(m" the c.'iterer's license st-u-ill, he in accord'cince cat-utes CIS (11,11cf1cle(.
Wid"I RL.11C _13.
2. ("'A"'I"ERING" REQU''IREMEN"I'S.
A., All hcei--awes wfio Zirc allthOnzed t(--) provIde c�itcnng (-A` arid liqLI.01"
sh.c-1.11 c(.....n.1.1ply With t1lis section and s1.,i.Z:dJ report st'---des (--)f' ti(It,lors Including
S'c'-des (')t,catering. IUn.ctiot'is, on. th.e gross sales re.1)0171 PL11_Su,c--.int to Rute 3-6.
B. An. application tor 41 caleri-n,g per-rn.1t s1.r,c-d.1 be I.-m-rnitted only when. the
ca,tenlig cont'ni,ct j.n.dicates th�,..It the licensee is prolVidij.-ig I`Ood, itick-W1111"Y (,,I
Selecn tioof etin-ces (,.:1I:1d csu.-Iblish.es thc-it 30 percen.t or rriore of t1w 1`.,(...)od, to
o s, t -1 e t c rn-i. i n cad by t h. c t o t ( ..i I c, t h c
be served is provided by tl.-,ie licellsee. a c s
.0,
f'ood contract the evera.
"I"he licet-isee stic,ill subinit an Applicaticm. for (:�,-i,tcting Pcr-t-'rdt 1"i w
c
c,--ippr(.,)va1 by- ttie Dixecu')r cit le-tst 7 days pri(--)r to tfl.c evcn.t, '"I"he 11c'ellsee
S1.1all stcate the d.c.i.te, tit'ne, c-Ind, locatic)ti. of, the proj.,,)oscd event, inclucle a,
copy of the CXMIted catering contract and C-t writteti staternen't sio,.ned by-
tfie owner or representative of' th.e 1,.noper-ty that such t"i-it'ict-1011 Will be
subject t(.-.) the liquor lc,,.i,Nvs cau.id to it .spection by 1i.i,vc.,sti9citors, a,nd (1csig-nc,--ae
a person in C,-ictive cliarge of* the prerruses who be (-I)n cluty. C-a c(,--Icl,l
t'unctiori pursumit, -to Rule 5-42. Zftered 1.1inctions f)r wfuch the ow-ner ol"
the property- is bcing compensated for th,e use ot" tl-ie property and to which.
P,L,itrons C,irc being assessed a fee or payn -ient of' m(-.)nics F(:)r f'ood, or ficl.t.1.0r,
shc,-111. be lln-iited t(-.-) properly zoned districts. "Flie approved perillit.
Z:�
slic'...111 [)e conspiclu.-ni,sly, postect the 11clum. Service career. '17he licens(.,�c
irriniedii-:'itely n.otlfy the Departnien.t of'atiy- cancellatic)n. of a, ccatered, event.
31
A hcensce autt-iorized to dispense 11cluor for const,11,11ptlon thercon shall. not
permit th.e catering of' liquor on said prei.-iiises by any- other licensee
aUthorized to provide catering, except as approved by the Director during
ernergencies.
"I"he premises of (a catered event shall be considered a 11ceilsed pren-uses
and is sub ' ject t(.-) inspection and con.-ipliance to all licluor law- s and to
C(IjUdication.s. C.oniplain,ts of operations contrary to the liquor laws, or
which adversely al"Fect the neighborhood, InclUdIng noise complal-lits, may
be CZ111se for t1l.e Coninu,sston or Di.rector to impose conditions or
restrictions on any prop()sed, c,c--ttering event at the scarne premises or tn.ay be
cause to de-ny the application for catering perry-ut.
E The privilege of catering is 'to Permit legitimate catered functions and is
not intended u) bC Utilized to cirCLUTI'VeIll the liq.uor. laws by a1lowing a
ficensce to operate Its I.I.quor license OLItSide 01" its licensed prenlises. Any
use of pro -lathy` t`(.,)r catered events by C't licensee which appears to be all
extension of the licensee " s premises is prohibited, and applications for Use
of sl,(-rid premises may be denledby the Director.
r., � '", --taint-nent, the entert-tini,nent
"fiere 4a licensee is c(")ntracted to provide entei. C
shall be restricted to recorded and live uiusic.
0. CLASS 14. BREWPUB LICENSE. A Brekvpub licensee.,
1. Nfay sell il-,icalt beverages on. the licetisee's prep-1.1ses 1"or
consunlption on the prenilses.
2. May sell, nlalt beverages t'natulf"I'ACtUred by the licensee in brewery-sec,'-ded
packages to Class 3 Wholesale Dealer IlCellSeeS PLU-SLU1111. to C011(fitlOnS
iinposed, by the ("ounty by ordinan.ce or rules.
3. May sell Intoxicating liquor purchased from valid holders of Class 3
Wholesale Dealer licenses in the State to conSLIMCAT'S For conSUMP6011. On the
licensee's pretu.ises provided that the pret'nises is owned and operated by the
licensee.
4. May, Subject 'to federal labeling and bottling requirements., sell malt beverages
inlEin.11factured oil the licensee's premises tO COrISLIniers in. brewery -sealed kegs
and sell matt beverages manufaCtUre(l, on the licensee's pren,iises or pUrch'C"'tsed
from a Class I MatILIficlCtUrer licensee, a Class 3 wholesale Dealer licensee, a
Class 14 Brewpub licensee, or a Class 18 Small Craft ProdUcer Pub licen.see
to consumers in growlers for off -premises consumption; provided that for
PUrposes of this paragraph, "'growler" rneans a glass, ceramic, or tiletal
container, not to exceed one gallon, which shall be securely seated.
5. May, subject to federal labeling and bottling reqUirements, sell malt beverages
manufactured on -the licensee's premises in recyclable containers provided fay.
32
the licel.'Isee or by t[le Consul.-Iler do') exceed i.)-C, dk:-)n 1--)er
)rerniscs to f(w
-I. d r C S C C t, I r C I y S e1 I C d o 1.1 t 1 10 licensee S
I
o ff- 1) r e i i.,i. i ses C011SUIllptl(I.M.
6. Shall coi-reply with. ,all rcauk-:Itlons pert(".1imm. C'kiss 4 Retcall De(,:i1er hCellsees
n t [10 r C t.,:.l I s.a I e f ri--i a. I t b c v e r,--i g c s
7, May, SUNject to Ceder(,-11 Labeling atid b(')tt1incY ['CCj.U1rCn1.er1ts, sell n:wlt her.eracyv,-S
A 1.1 C I., s d I t- c c -t I v
111 �1 11 U. ELI C 1'. L 11` C (1. 0 11 t t I C I I C C I I S C C. S 1.) 1•c 1,1.11 S C S in brmerv-SC(aled u.-fl-11,
-.I 'isces, C1-tss 4
t(..) C."k,.-ISS hcellsce.s, Ica s s .3 WlIoles,ale F)CC'. I.Cr licet C
Ret-C-61 L"kC,--der licellsees, (.1'.-iss 5 f.)iSpenser IICCIISCCS*� h'AS`S" licel"ISCCS,
.:"lass 8 '"I"I-Cansient V,essel licellsees,, (..'lass 9 "Four or C.'116SC, VCSSCI lice-11sees'.
Class H) Specl(,--d. I.I.Cellsees, C'lass I I Ca,baret liectisec.s, (",lass 12? Ffotcl
�_'Aass I
I C C I I S C. C. (--I S S I c:I t C I., C 1, t i c e n, s e e s , ('],Zi s s 14. B tic W 1) L 11.) 1. 1 C C n S c. C S,
110teA ... . . ...... licellseels, ("],Ciss 16 Winery. ("],C--iss 18 Sn-mll.
Pr(.-)ducer f)ub licensees, and CO1I.SU1'11Cf'S 11UNLI�`Itlt tO CC)II(fitiOlIS In.1posed b'y
. -1 cl. "Aa,sI M' s 'am.,iJ"1CtL1rCT hCC11sces (".1-iss 3
COLInty rcgUlati(')f1S gm��'Crnn
Whole(ae De,Cfl.cr licensees.
8. May coti.duct t1w ---ictivitles U1.1der I.x,ti-Cao,ra-phs ( I ) t(.-.) (7) a,t 1(.,xCa, t1'0r1S 00.1cr th<In
the 1I.0etisecs preiruses; provided tha.t:
A. Thy zn takes place in Hawc 1 6 1.
B. Ec,--tc[i of the (--)t1Ier loc<,16011s:
(.)f.)CratCS �Vjtlllfl t11C SU"ItC Lit"Ider t[ic sat-i-w tn�id,e ie 11"or H.,I.e
prunisC,S,
it Is properly I 1CC1ISCd With i tl thC COL-1.11ty 0 J.." 'its (,venatiot'i as C:1 Ck'.-ISS
1. niamlf CtLtrer licensee, ck,iss 2 rest,(,-,.,tura.n.t heensee, cl,,c,:ass 4
1..-Ctall dec,der ficcri.sce, dc-iss 5 dispetiser lice'llsec, Ckass I
I i C C 11 S C C I C h(l. S S 1. `4 b f- e W P L. i b 1. 1 C e rl. S C C r C I (..l S S 18 S I -I A a 1. 1. C 1%1..1 ft
j.)I'C)C'lUCCf' 1.)Lib 11cellsec."
C C C) L 111. t N,' I. I C1 L I o r c 0 TTI t'll I s S I (..) n o I." t. I I C. C 0 t I n t V 1. 1.-1. w 111 C h t I -I C I I C C 11 S C. C S
-.1 C r l o C 'a t i. nis are located sha,11 hcavC j a. x r- i S d i c t. i o ti of t 1 w
locc'.1tiOns, 'all.d
ki,ss (.-A'd-w locat'(--m. sh,dl be 'n ef.1'ect
L) All. reclutrei'llefits of the licellse C C. I .. C I
1 0 C(,,:l t i () I,
�Is NCIL111"ed by t1'IC COU-11AV liqLIOI" COrl."i [,ru SS, ot.) 6m. tliat I I, .,:.t n
9, May C-iflow nirtiors, are accoti-'i.patued by a p,,,ti-en.t )I- legal g lctri uar(J
leC,--d drink.1.110, (,o t.-YAge, n tfle IICCIIS:C S P1,C1111SCS,
zn zn
1. 0. "I"tie cateat",)r"es of"establ'shrilents S11"..11.1 be ,-..Is f"(.....)HOws:
t�l 11 1 <
A. A. stanck--n-d bar: (.1 PFeTT11SCS Irl. ��Fluch recoix,led tT1U.Si.0 is Per-I.I.,litteA
itet,t(,"un.rncnt or recorded, t11LI-Sic is Pet-11.1itted
13, A pret-i.,ilses Iti, wfuch live ei
( cCJJ. 'L.1S PR)VIded
i I.I. d. I.C.,wilitles t'i.m. Eancing bt1le y jx.ttrons be 1..ierri-i i tt
in thC SUbccateLl,orws h.sted hereill:
L A prei,i-iises 141 WhiCh. I-CCOrClCC1 ITIUSIC and live entertaint'i'ient ar-e
p ro vi d e d.
33
A preti-iises in. which recorded music, live entertairim.ent and
dancing are prov-ided.
Whenever a licetisce is C'tuthorized to provide dancing, each area where
dancing is provided shall contain no less than 1.00 sq.u,,C,,tre t`eet and shall
not obstruct the normal flow of traffitc.
11. Shall be subject to assessment of a percentage Fee on retail sales of liquor,
pUrSUant to Rule 3 - 3 .
1.2. A. license under this class tiiay provide off'-premi.ses catering which shall.
pern-iit the licensee to provide liquor for sale and conSUmption. at the catered
prermses while perfi)rriiing, fooducatering fr. The catering activity shall
be directly related to the I.icensee's operation as a brewpub provided that the
Direcu.)r shall. be auti-iorized to establish the perimeter E'und, consUITIption area
Cor the catercd, pre-rnises 1'.'Or the sale, servIce C,"uicl COtISLI1.11ption o.f liquor. T'he
licensee shall obtain a certificate of approval from the Director R)r each
catering function. in accordance with the pertinent provisions of Rule 3- 1. -N-2.
A licensee Nvli(-) 1"alls to meet the requirement where 30 percent of the
establislurietit's gross revent.ws of tbod and liquor are derivext from 1,-(.-,)od sales
shall be prohibited frotxi catering liquor off premiseS Until such tin-ie that said
rC(j.L'Iiren,ie'n.t has been re-established.
13. A licensee U-nder this class engaged in set -vice rnav also sell Un.opened
beer, tino-pened wine or properly seated mixed cocktails with. rood -1"')r pick. Up,
delivery, take out, or other ri-wans to be conSLM'ied off` the prep-iises.
34
CI -ASS 15. (."ONDOMINI'L�"M 1-40"I"EL, I.A( "ENSE. A ficet-ise sell 11CIL101"ill
a sli,',-fll C`1L-1th.0r1Ze the licensee 'to prov-id,c eti.tertainn wnt C,in(]
dancing oti. the cond,(-.)n-,i1.n1ut-li hotel pren-iises an(I to sell all li(,ILI(')r (except ca,lcolwl)
t"or Orl the prcl�i'use s:, provicte(I flic--a a COW101111111111I.-I hotel heellsee,
With app-rovcil, provide (.)fJ"-prCN1`).1SCS Cc'Atering', provide(i fLu.-ttier
that tl--ic activity is direcfl�( rek,--ited u..) thc licet-iseels (..)Per�-It-1011 (,As (1
n o ub,i 's or sin-i'lar servi.ce
Procedures SLIC11 c'IS rooti'i service, sel ser,� tc. -host n.ih W I I
itl and ServIce ;"'It tm*ivate 1.)"C.-Irties t t i thc'.1t �,tre 0-le pl,C)Per-ty ofand
C01-AtigUOLIS t(.) th-e 110tCl C"Ire l.m.-t-i,iitted vvith ("IpProval.
A cond,ominlun--i. hotel licensee sh.c,ill riot sell liquor in the nian.ner aUt,1101-17ed 'by a,
Class 4 Retail Dec,iler 11cellse.
Nny licensee wl,-to wot.,11(i od.-I.Cf-wise RIC-et the Critet-K.-I. 1"(w th.e condon.-lit-liul'I.-I [Iotel
liceiise class but, holds 3. (fiff"O-ent ck-:.iss ot' licen.se t-nay be required to apply f"or
condomi-11IL11-11 tl(.)tCl Itcense.
Q . CLASS 0 WINERY I jK"ENSE. A wlt,i.ery 11CC11see, 16
SlIc"111 riot tru.)re than '.20,om") bc,.u.-rels of orl tl--ie licensc."'C's
preii-iises dLIT-11l.g the license year,
N/1('-ty sell witic oti the licensee S PI-et-1-11ses C011SUrl otl
the pren--I,tses.
3. May sell wille i'DIC-ItIL'It.lictured by the licensee it . wirtery-sea led pc,'-wLiges to
Class 3 Wluflcs�,lle Dcalcr licciisces pursuat-it to condltlorl,s 11,11P )SC-d- by the
("'OL-11"Ity by or(fiilc,"itwe ol.' 1111C.
4, Mc"Ay, U-bject to t.edercal k-:ibeliffi-Y C1,111d Ix"Yaling reqUiretiients, sell. wale
on the ficenseets pref-I'lises irl winery -sealed kecys and rnc-tgnt,in-is
X tmv-, Provided tlic-tt purposes ofti
hs
to C011SUrticrs 1. w oft'-pren'ii.ses C011SUITIpt
paraut-aph "tmEuYr1.uti."i11 ct container tiot to excee(I one which
Ln
ti'my be SCCU,rely s ec,,-i I e d.
5. May',, SL,1bjCCt to t'edeua] kabeling and bottling requiren'ients., sell \-v I fie
d, tiners provide(i by
uiamlf.Itctured on the liectisee's prct-ri.ises tri recyckable corac,, .1 .
the licensee otx by ttle w,hlch t,iot exceed one gc,illon per contcainer
and are. secu,rely sealed ori t1le licensee's pret-i--iises to consut-ners 1.'Or
off-pren'iises COnSU11lj)tj.Ott
6. Shall con--iply vvith all rtiles per-u-tining to (""hi,ss -.-4 Retail Fkalcr licerisec-S When
en.(--yagina iti the ret,,,til sale (--&w1T1.C-.
0 z In
7. May Sell WiTIC on the licensee's prei-nises Ln wii.ier-y-sealed
containers directly to (::`lass 2 Restaurant licensees., ("'lass 3 Wholesale Dealer
35
Ii.ccrisees, (..,'I,CiS---s 4 Retail. Dealer licensees, (..'k-tss 5 Dispenser licensees, ('.'I.ass 6
("
I-ratis'ent Vessel licensees, C"Aass 9 Tour or ("'ruise Iub,fi.cetisees, AC,-.i.,SS 8'... 1
'Vessel licensees, Class 10 Special licensees, C'.."lass H. Cabaret licelisees,
Oass 1.1--lotel licensees, 'lass 13 Caterer licensees, Class 1.4 Brewpub
2 (',,
licensees, ( lass 15 CotidOtllit`1111111 IIotel licensees, CIass 16 Winery, an.d ("'lass
1.8 Sniall. Craft Produ,cer PUb 11MISCTS PUrSLIant U) Conditions 111,1posed by
('."(.)L11Ity Planxiing and PLiblic Works Depctranents and tIlICS governing I.Cass 3
Wholesale Dealer licensees.
8. N/1zI,y sell intoxtu"'ititi-g liCIL101- ptirchc,"tsed froni valid holders of' (",IC-iss I
N/fic"IfILItIlCtUrel- or Class ) Wholesale Dealer licenses in the State tO COrISLIt'ners
for C011SLInIption. on the licensee I s prefilises provided that the pretilises is
owned and operated by the licensee.
9. 'Flie cc,,itegories ofestablIstin'i.etits shall be as follows:
A, A. standard bar: a preniises in which recorded nILISIC iS PCI-Itiitted.
B. A prenitses in which live entertainment or recorded n-i'LlSiC is permitted
and facilities for dancing by the pc,'-itrons may be pernutted, as provided
in the SUbcategories listed herem.:
1. A preuilses in ��vhlch recorded BILISIc and fi.��e entertaint-tietit are
perrnitted.
A pret'nises in which recorded nILISIC, live entertaintnent and
(1,,C--mcing are pernutted.
Wliene�,er a licensee is C-tuthorized to pr(.-)v-ide dc-incing, eacti area where
dancing is permitted shall contain no less than 100 SCIUare feet and she -ill riot
obstruct the normal flow of traft"ic.
1.0. Shall be su,b ' ject to assessnien.t ot' a percentage f`ee on retc-61. sales Ot" liClUor,
PLU'Stiant to RUIe 3-3.
11. A license under this c1c-iss m.ay provide oft'-prermses catering which dial
perti:iit the licensee to provide liquor for sale and COIIS'Litil.ption at the catered
pretuises while per-forniing t"ood cc,'.itering (Imcuons. 1"he catering activity shull
be directly related to the licensees operation as a winery provided that thc
.Director shall be aUthorized to establish the perimeter and consumption area
for the catered pren-iises t(.)r the sale, service and conSUmption of 1.iq.L10r. `Fhe
licensee shall Obtain a certificate of approval from the Director fior each
catering function 111 accordance with. the pertinent provisions ofRIlle 3- 1 -N.-2.
A licensee who fails to meet the requiren'ient where 30 percent of the
.0
establishment's gross reventleS Of 'food and liqUOr are derived from I' od sales
shall be prohibiter from catering l.tqu(--)r off pre-niises Lintil SUCII tiniethat said
requirement has been re-established.
36
12. A liCCIASCC U-1-Id-Cf." thiS CIC"ISS CII, agC(I ill ITM�d service, 111("Ay ('-Als() Sell. ux).opene(I
beer, t i.open.ed wine or pr(..)perly SeC,..:IICd t-nixed c(,--)ckt(u'ls with 1")r- pick. up
Cl e It v e ry , take (.,) u t. (.) r o t h c r ti,i c.,C"i n. s to b e C 0 tA S L-1 III C d 0 ff" t 11 C' p N tYl I S C, S
..AS S 18. SNI A I II A F "1" 14-1 () 1") I.-J (" ["A R. Pt �'B L, 11".1" E N SE a A s tn(,-:.i .11 c rc,- -� J"t
IIR)dLICCI- PLIb H-Cel-ISOC:
I Sh,C-fl I rrianu CCwture. not, thcati:
A SeVC11ty th.(AIS','�114(1 bat-rels (A"ri1c,"Ilt bcver(,',u,)-cs.
zn
f.3. F%vertty ttiousand barrels of"wille.
Seven. UIOU.Satld. 1:"IV'(-,' hung r-ed barrels alcohol. (--)n the license.(--.'s
prernises durlrio- the license vel,(-Ir.
pro vi(-Ied for pul-p(..)Ses (.)f ttlts "Kc--ir-rell" 1.11e,Uls ICA C(.1Mter lner
exceeding ttlirty one gC,.:dl.(..)nS Wine gc"IIIMIS OfliCIL101'.
I 1�
May sell. rnalt beven"tges, Nvine, or alcohol, on ttie 11ce'risee's
pretnIses 1"or COIISLUTIptlon. on. thepretnises.
3. Mc.ty sell t-malt bcver(,--.IgeS, wine, or by ttic licerisce in
" Wholesale [)ealer ficen,sees purs-m-Int to
producer-secaled pC--ickcages to ("..'11CASS 3
conditions unposed by the COLIfIty by or(IRICIAII.Ce or ntle.
4. NIC-i,y sell 11clum, purch,<,tse(I CIZ--.iss 3 Wh(.)IesC,--Ile Dec -der
licetisce to consu,n."Iers t."(.)r COIIS'LJITIf)'tk)n on the hcenseCs pretnises. 1"he
C ategorle,., s )f 0 kv S:
.%(. estabIlshments sh(, C as
A. A stan&,trd b(,-:t,r.
.B. Pret-nises in which hve or rc-,,corded, 11-111-SIC is Provided.
F"acilities for d,C,.i,n,citi.(Y by the patr(-.)ti.s rt-iay be pcn nitted (,-As provided by
cornniIssj.(:)n rUles.
5iVlay, SUbject to fedm(d ktbelltig and bottlitig requirern.ents, Sell ti,uLdt be'ven,-11-ges
ar d. wine nuulufIactul-ed On. the hcensee's prenu'SCS LO C01I.Still."Iel'S i.n.
PI-Odticer-sealed, kec.ys CIAIACI sell. b(,I,,ver,(,"igCS and witle on the
licensee's pretnises 01- JR-11'ChaSed frOt'll "I Ck-ISS I licerisee, a
. 'i ("lass 14 Brewpu,b licensee., a Cl.a,ss 16
Class 3 Wtiolesal.e Dealer licelisee, c, -.a
Winery (--)r a Ck,:.-tss 1.8 Sn-'mIl raf't Pr("At,we'r PUb licetr. sec. They in ay also sell,
.M
-ipti p -wided, that I`
to C(uISLIr.'i-'iers in growlet-s t'(.)r oft'..prernises constiti on., r(
J)Urposes of this ptraguaph, n-iccuis a gktss, cerc,-tt-nic or, rrietc".1.1
contaitler, not to exceed one gallon, whicii, stial.l. be securely se4ded.
6. M,C-,-I,Y,, SLIbject to fedeutl l(abell.1,10, b0tdiflcy' en 1*C(j.LHreti.').e.nts, sell tnalt
beverages, wine, alcohol Otl the hce-ri.see s prennises U).
recyclable contan'iers provided. 'by ttie lwe. n,see (.-)r by the e(--)nsun,ier which do
not exceed:
3 7
A. One gallon per container for rnalt beverc,--iges C,--itid \v'[ne.
B. litcr for alcohol.,- and
are securely sealed on the hcensec's prem.1SCS tO C011SLIt'ners For off.-pret-nises
Coll stl mpt1011.
7. Shall cornply with. all regUlations pertaining to ("Icass 4 Retail Dealer licensees
when en.gacy-ing in the retal I sale of malt beverages, \,vnie, and alcohol.
8. May, stabject to federal I(-tbefing ail.d bottling req.Uirenients, sell n,mit
beverages, wine, and alcohol nlanUfc"ICtUred on the licensee's premiscs in
prodUCC-1--seca,led con.ta,iners directly to CIC-iss 2 RestatinEint hcefiseLls, ("'lass 3
Wholesate Dealer licensees, Class 4 etall Dealer licensees, Class 5 Dispenser
""lass 6 Club licensees, Class 8 Trans' 'Vessel. licensees, Class 9
licensees, (..., C I I C
TOUT Or (`rUiSC Vessel licensees, Class 10 Special licensees, Class 1. 1 (""abctret
licensees, ("lass I A2.. Flotel licensees, ("1ass 13 (..'aterer licensees, (".1ass 14
Brewpub licensees, 1.5 ("'on.domin.1t,1111 F.10t.Cl licetisees, ("lass 18 Stncill
Craft PI-OdUcer PUb licensees, and consumers pursuant to conditions iniposed
by COUnty rcgUlations goo-erntn,(,,Y Class I Mar Rlt'acttlrer 14cen.sees zmd Chass 3
Wholesale F)ei-Aler 1.1cel'isees.
9. M'<'.IY condUCt, the activitieS Uil.der paragraphs (J) to (8) at locatioils other than
the licensee ) s premises; pro-vided that:
k "I.. he tc-ikes place In. 11c-twai'l.
B. FlA-i c h o f t h e other I o c a t i o n s -
1.) ("Ver(a.tes with.in the State Under the satne trade ticarne for the
pren,iises; cand
1. i.) Is properly licensed within. tfie COL111ty Of its operation. as a class
1 , 4
mantit"'act-urer licensee, clasres s .2. taUrant ficelISLNkc.cap lass ,.
I (, C css 12 hotella reta'l te,-der licensee class 5 dispeti.ser licensee ' licensee.,, class 14 brewpUb licensee, or class 18 stn all crc,ift
prod,11Cer Pub licensee;
The COUnty liqLl(,,)r comn-tission of the cOLITIty in which the licensee � S
other locations are located, shall haVC PI-isdiction. ot" the other
locations; and
D. All requtrenients of the Ilcense class of the l(-.-)cZtt1'on shall be in et.1"ect
as required by the COUnty liquor conimission for that location; and
10. M'<,,-iy allow tn.inors, who are acco-nipan.ied by a pa -rent oi- legal gUardican. of
I s legal drinking age, oti the licensee s prenlise.
1. The categories ofestablishryients shall be as follows:
4n
A. A standard bar: as preiiiises in which recorded mt.isic is per-i-nitted.
B. A premises in which 'live etitertainnient or recorded 1.11LISiC is permitted and
facilities for dancing by the patrons may be permitted, as provided in the
subcategories listed herein:
38
L A pret-n-ises it-i, %v[ilc[i recorcled. music ('.-Ind. live
C r,il"i i t t c cl
-rd -i N --i I -ccoi-ded n-uislc hve a.nd
A prei 1ses it v I c h r
are,
I
Whenever licellsee Is ca.uthorized tcprovide ecac[I ca.rc�1. where
(hancing is per-ii,iitted shc,�,ffl cone-u'rj 1.10 .eSS th�111 100 SCILUa,re I"ect (anal sh(,111
not obstr-u,ct t[ic iior-i-i-ud. f1o�v (--)f trcaff7ic-
1. 21 be subject to cassessi.n.ent a Percet-I.L.-we 1."CC 011 1'eu-:1.10 Sc'-fles of. J1CjLR.')1',
j.)L1rSLK1T1t tO Rule 3-3,
t 3. A. license t.,inder this chass n:i�,"iy provIde (..-)fr-pT-en,1iSeS cater-Irig which Sha.11
"I"ic catere(.1
pernii.-i ttic licensee t(-) pro iCJC h(JUor for s,C-.-,de ,�uld CM1Su,1.,1"1Pt1c)11 "'11 t.
Pref.-niscs w-hile j.)erfi...)r-n--6tig 1'."ood caterit-Ig funch(,-)n.s. "I"he cc'-Atering activity sliall
be directly rch:ttecl to the ficensec s operatioti as a sn'"ic.111 crf,.--flt producer PLO)
provided, that the Director shcal.1 be aUthorized t('.') establIsh d1c perayleter and
vice (1111.
C011SLU'llption, a,rua 1`(-.-)r the catered, prerrilses f"Or the c s'-de, se-
td
c 011 S U. 1.1.11) t. i )n (...)f 11CIL-1.01% licerisec sh.afl (i cert.1-11cc,"ile ot"
the Dirwor for each catering J"uxictlot-i. 6--1 acc(--)rd(,,A,nce with th.c perti.nent
provislOtis OfRule -3'- 1 -N-2.
A licensce who Galls t(-) nwc.t the requirel'i-re nt where "'W percent of the
cst(iblishri-,icnt's gross revet'iu,es of" ,--i-t-id liclt,,tor C-ire clerived, f'r(-)n,i f()(.,)d, sales
Uflul St...1-ch tirric d.-Ic'.1t. Saicl
shall be prolubited t'l,01,11 CCIAtel."Ing liqUOT' 0
1--eClUirenient ha,s becti re-est<-iblished,
. iCC1`1L11CC1- this ClISS in service 111cI C11Ssll tiopened
rr unopmed wil-le (.'.)r scalect i-nixed cocktails \,vid'i t"ood 1"or 1.)Ick. u,p,
d c I i v c r y, to k e o ui t r o t [i c j., 1.11 Cc`-1 1.1 S t 0 h C C 0 11 S U. n"i. e d o 1A." t I is 1---) r c iil I S C", S ,
39
S. RE" I'A IL ER VUR-C' 11-A. S E S 'It, shall be U.11lawl."Lil for an.y retail. licell'See., except a
Ctass 10 licensee, to PUrchase, acquire or sell liquor from any person other than zi
wholesale dealer or manufacturer licensed pursuant to this chapter, and shall not
permit any person to bring their own liquors onto the premises or remove liquors
t.' . roni th.e premises, except as authorized in. accordance to these rules.
r 11 .1-twaii Revised Statutes, as
Jr " -57 to 28 1-6 11
.F VESSEI, I I ( "EN S IN'(' Sections 281 f C
amended, shall not apply to Classes 8 through 10 and 13.
U. NO CONS'U1VIPTJON IN UNIACEN'SED AREAS. An on-prenlises licensee
s 'liall prohibit consuniption of liquors on prenitses connected therewith and in
non -designated liquor C011SUniption. areas of the premises of the ot-i-preen ises
licensee except as otherwise requested and approved by the Director.
V. ENTER."I"AINMEN]". Karaoke and entertainment provided by a disc Jockey
shall be det"Ined as live car-Aertainnien.t. Licensees who provided, karaoke prior to
September 25, 1998 shall be permitted to retain the privilege of providing karaoke
until such time that the license is transferred, including 1000/,'0 stock transfers. 'If
there are noise complaints fi-om the surrounding neighborhood, this privilege may
be revoked UpOtl hearings held by the CI.,,oftltnission. The licensee may than file an,
applicationt"or a ch�inge of cc,--rtegory C".1sprovided herein.
All lornis of music and entertainment are prohibited on a pre-mises licensed for
COnSUrription thereon. except where and when spec-ifically perms teed by the class
and c(ateg(,.)rY/SUbcategory of entertainment of theliqUor license field.
ln,ipron.-iptu, entertainn-ient c,'-ttid dancing which. is unpi-lid and U11SC11CCILIled, is
permitted tor reasonable periods of ti-me.
E A
.'ntertaint-n.ent sh(t,ll not be offensive to co-intnon pr()priety an.d shall not cause
LIMILIC noise or diSt"Urbance to the neighborhood.
'Entertaini,rient by persons partially or fully unclothed or entertainment where
articles of clothing are -removed, during a perfort�nance is prohibited. The,
placetnent of articles of value or rnoney on. -the entertainer's person or attire is
prohibited.
Any performance on the premises which is sexually suggestive includ,ing lap
dancing, which n,iay be construed 'to be obscene, lewd or offensive to con-m-ion
propriety, and which n-my create a gre,,(-iter propensity t:(.)r rnisc(MdLlCt on, the
prernises, shall be prohibited.
WRESEALED LIQUOR. A patron may retnove frorn any class licensed for
on-pre-niise C011SUMption thereon any portion of wine, liquor or beer that was
purchased on or brotight onto the premises of the licensee en.(Yaged in meal service
en.(
,aged
consuniption. with a meal, provided that it is recorked or resealed in its original
container.
HE
"1.:, cted. by the I'lut.l...1cric nnd. t(..)
X, ("A"IT(.1"ORKS. I.-I.Cellsees C,11, c C. I
thC C(`.UC(Y(.)l`l.CS 'Alld SUl.)c-itegorics sh,-fll be rcc,,, cd rd"..111ce to t[lesc
cullencli'llet'lls Upon rencw.c.11. of i.ts Itcl-L-lor llccllsc�
RL-11-T 3-2 13 E RM I "I" S -
A. G"ENT'R.A.U., PR(..')N`lSl()NS. Per--n-,)its t'nav be 0-le
Director '(',Is pr(wided. in this sectiot'i.. Applications For pernlitS StIZIll bC I-CCILICsted
and (,ipproved prior to t1le Col-lduct the zwtivity rcq.t.,i,cstcd,. "I'lic (.`(.)nin,-i,lssI(A,l
sl.l,.dl frot,n (14"I'le t(,.) W.-T-1c J.,.m.'escribe the kit-icls, tcr-rns C-ind j,)r(.)VASB,..)l,)S Of"Per.t.l...),it.s. J-he
(,"'on-1.1 nissl( )n shc'..1-11 the solc c.liScl-ctl,(,..)Tl. t() it-nposc, an--w-nd, or w1thdrdc"m/
c(:)n(fitions to (i per-nn't t(") SUSpelld Or c('11.1cel Perrvilt LIP011 1.)r(')I)er 11CM-Ce of,
to the licensee and to any aggrieved par-Ly, wheti 'C.lDj.)lt'CZAblC- I' le F)II'Mol,
Ity to aj,)provc a-pplications per-n.-uls n."lectu"n'y the
SlIc"All reqt,urcunctits
such and, sucl-i appro-v,als sh,,:.,dJ be SUbject t(..) tlw subSCCILICIlt
r�:..ltifica,tlon, by the n -11. S S. 10 11.
B 41 RESY"I"RIC"I'lONS ON' PERNITY'S, A(.711VITIES. T'he C"orm-nission shall have
the (11scretion to in--iposc conditions (.--)r restricti.(.--nis or cicny (activity, c,anw, or
contest off" i-ed, within oi- by a licensed prernises f(--)r tlw purp...)SC ot, preve-1.1ting
-Ictivity witt'lin the licensecl prerril'ses OC,.:l,(lJ,acci.,it ('Arcits, SLIC11 `,lS Stc"10CS
entertaintnen,t areas, lan,�--A,is i,-:in.d pZr.r�kr..rg which is potentially in ' jur.,K)LIS U.) tt-le
v I -oprletv.
C(,.,l I t h, S t- ( fe y'A n w d c 1. fia r e o 1.' t. c p t.-i h I'c, o r 's o tL t s i e t o c o 'i I n.'i o n. p i
A11,1141CA"I"10N. Pel"I'vilt tpphc��,llloj,,ls be subt-nitted on t(..)r-I I -is prescribed by
the Cot-I'll.-I'llssic)n ".in.d niwty be obtained, at t1w ol-l"Ice ot" the F)cpC,..lr`LlTICt'lt 01" thC
Dep�,u-tti-ient's websitc.
D. "UN't)ES OF PERNMITS. 1'er-n-,ilts shall. be ISSLI-ed. by the or I..) trcctor7
cind, shall be req.t,ilred dw •C,-:Ill tirries:
--i ration. is rec,1 t.ured, fi)r c,'un, pt-oposed
A L, "I" E R A "I" 10 "N 111 R Nil I "I t AUh. e
u) the licetised prerriises Zui.d shall be applicable to interior C,-111d extet-101*
renov,C'ifi(")n.s reqUillng, a buil.c.litig pertnit. 'Fhe Cippllcc,�tnt Shz,....dl rot'.1--te t-1.1c
,(-.11.) p i. c �.I. t I (.) I. -I J."o r Cr n a I t c r a t i o n. p c r-I n 1. t t (..) t 1.1 e t, i n t v D c p a. rt. i-n c n t C P t, i b I I c W r k. s
- "T',
l'or Its written deter-rn-in,cal.011 Whed-ler bLlikfit'icy per-rt-iit is reclu'Irect. h c I C-al for Alter-lon aPer-rnit to t. „r e)c Ipar-l-t-nen-t
SlEcAll SUbill't. t,hC A,ppl'c' on C
t..og•ed-ler with a sketch of the pren-uses which. shall clearly cletuMe the I.-.)r(.,)p(-)sed
("ATI.C.1 C(.,.)I)v ot the bu.1.1ding pelillit, I`CCjU.il'C(L P 1-l' o 1, t
t -I t I I i z a t I n o c C.-I. 1. t. e r e d (---t r c a, t h e I i c c n, s e e s 1i zi 1. 1 (-.) b t�,, t i n. C,--i 1'. -1 n a t 11:1 S p c c t I t-I. 1.) Y t 11 c
s
11" C,--t but1ding pert. -nit i s tw --ecluired, tl c I"')cp(,-i,rtn-ict I t 1 la 11.
COrld-LICt C'U'l endorsenient ol"the sketch J."or rec(,..,,)rd, only.
41
2. ENTE R]"AIN"ME Nil AND CONSUN . ION PERMIT FOII CLASSES
1, 3 AND 4 Ll(..TNS'EES. An Zipplication for an entert,("d nuie tit arid,
const-Imption permit may be SUbmitted for approval by a Class 1, Class 3 and,
Class 4 licensee to provide five music and entertainnient fior special events,
in.clt.tding but not linii-tee to grand openings and store anniversaries, provided
that-. entertz int-rient sh,cill. be between, 'the IIOUTS of 8:00 a.m. to 9:00 p.m. crud
shall be. subled to the provisions of"and in accordance with. 'R.Ule 6-4.
3. GALME PERMUT. Any game or game device which simul."Cates or resembles
tiny gan.,1,e, conirnonly associated with. gambling or which rt.iay create a greater
pr(-Vensity For ganibling is prohibited except as permitted by the C(-)rnn-fission.
An application for a game permit shall 'be required for any event at which
games or game devices which simulate or resemble any game commonly
associated with garnbling will. be used.
A pert -nit may be granted to allow for the 'LISC of these ganles or garne devices
for a period not to exceed one day for events not open. to the general PLI,blic.
No Fees to participate shall be charged. Gambling for snot .cry or items of value
or the use ofgcarne devices in violation of Secti(.")ns 712-122.0 and 712-123 1.,
IIawai.'*i IZ,evised St('AtUtes, as C11,11,11ended, is prollibitcd-
4. SOLK""'ITOR PERMIT. Pursuant to Section 281-39 of the I lawal'I Revised
StatUtes, as amenc ed. any person desiring to act as the authorized solicitor ofa
niantit"acturer or wholesicde dealer licensed i.n. any OthCr COUnty is rcqL11red 'to
have (a sollcltWs Permit 'to act as a solicitor in this (',O'Unty', provided that no
solicitor's per sliall be granted to a conin-ion carrier. No solicitor shall be
.0
pert'nitted to have, own oc r ontrol any liquor. 1* r sale or delivery. The solicitor
shall be required to provide its business address which shall be subject to
inspection. I'lle solicitor slic-il.1 'be aUtlionzed to:
A. 'Fake orders of intoxicati.tig liqLtOrS, which orders sh.c.-ill. be filed by tile
wholesaler by direct shipment.
13. Upon Conimission approval, possess liquors to conduct samplings and,
the ss ion shall. detert-nine the quantity of inventory Z"t solicitor
rru-ty possess.
C. C'.'.ondLICt sampling to liquor buyers representing the retail fi.censee
which shall be out of public view.
D. Assist a, retail. licensee who condUcts a prodLICt tasting; in the
presentation of the prodLICt(S) provided thtat in no case shaIl the
solicitor assume duties nornially conducted 'by an employee of the
retail. licensee.
E. Stock, rotate, setup liquor displays and clear shelf space of its own
prodLICt.
42
ri c
t[le 11CCI.-Isecl Prel-ruscs 'IS I-CCILIH.-CC-1. '1110 C`:Ipp11C1'::It1C)11 S1 Id-11 ill.CILICIC thC 11a11.11C Of
the licensce. thc sti-cet s:,idd,rcss C,And, t1,C--t,x tilc-tp k.cy (--)f locat1(.--.)n ()f"ou,tstdc stora.,igc
I C-1 ..I plan to sc'....11c, 1", 1 -1 c
-I :1,rccl-I'lent, f, --I 1..) 1.) 1 c a b 1. c, , nc C Cl I C, -Ise C, - g
1) C 1"I'll I . t s 1) e a p 1.) r (.-) v c d h t h C. G, I'll i ss i a,nd suctl sha,11 be v-t,-:dicJ
I ..)t hc transt"rable,
the tert-n of' ttic license [icid b v t ll. h c CCI'lscc , (..I ld sh, I --I c
4,11c, licensce st-tall keel) r c c o I. cl S \v I t hi n d1e vV`(31-e11OLI.SC (A" ('11.1 11"CILION recelved
"And, reti-loved f'ron--i the war-ClAOLISC, [JqLlOr's rcn-i(.-)vcc1, 1`rorri the warchouse sht-ill
b
1. 1. c t o I., e delivered chrectIv the 11cet'ised pren,iises of"the 11cel'Isce. 1,11C conc w
bu,sltwss frm-ii the outside stor�ao,c areca Is Pf"oh.1blAccl. Wherc �a, St,or(,.1cx,c C-11--cca. I*S
u.tfllzed. 1)y tnore thati. ('.)ne 1XISIness, the 11ce-1.1sce, s[Ic".111
I
partitiol"Is to t1le 1nvcnt(,,)rv,
6. )Xt,C0140[.,. P'U'RCIJASE PERMIT. Any j.'.)ersori. destrIthy U) IMI"Chcase
lc� eAs
(I hol, as del , "-I n c d. i n S c c t 1 o n, 2 8 1 .- 1, o f t ll c I 1,(t-w,(-t 1 1 RevIsed Sta(u,tcs,
sll�111 fill.c. applic,cl-tion f�-.A �t per-i-i-lit, t(,) PLITC-11c"Ase alc( Alol \A,111ch
a I.I.) c -ti d e (] I
iticluAc tfic clu,anuty, alld 11c"ItUI-C of use of the alc(-.)ho1. "I"he per-t-vilt s1i,<,dJ 'be
valid or one year ftorn the date of isswc,'ince or LIP011 J.R.11*chase of" the toufl
qu(,Antrity cfl` alcollol. �tpprovccl ol.l. the pert'llit, Whj.ChCVCr OCCLU-S f-JI-St. "1" 11 C
per-t-i"ut sh,,C-fll be reti-cw'cAhlC- L1[.X.'.'H1 subtiliu,cfl of ,.un (,--..:tpp I 1cat-I Oil t t 1.1 c
(", (...) n I III I S S 10 11.
"I"'he apph.cant shcall file personal h.istory sta,tcn-ieras of' Call ow-ners and a, sketch
0.1" t[Ic prerri-ises u..) Include Of the alcohol st(-..-m,--io,c Car cap c-t. 1'"I'l c
prerrilses sticcill be su,bjecl,. to ItIspection c1u,r1I,1g the ter-rn. t h c p c i-ri'l I t. "I" h c
utw, reqUATC t tee to subti-i't Of
F)CPCI-run.ent. fie per-n-ii.t
in,voices 1ndicill,1111CY alcoh.(,'A pul.-Ch(`ASCS� WhC11. dIC PC1Tl1IttCC 1'1,--,I,S PUrcImsed d"le
4:n
total cj.t,I(,int1t-Y of C,-,-dcohol approved by the C0,1111,11ISS10111, the pertrilaec. sh('All
subil-la. copies of: 11-1. v o I cc S M. the likel ver, f"YIng thC CIL-1carit'Ity ptj.rchascd.,
the per-ti-nt st-ul,11 tv deerned, tiull C,--tnd void.
7. 1 N DI V1 D IJA L, I M P )R'YA'.11(_'YN (W LAQ1_10R. PERA/11. Any unlicensed
aChllt PCNOII. CICS11-Ing a per n,ut to allow the 11TIP01-tation ("A' liquor f'rom (-)utsIdc
t h c S t �a -1. e 1.) t. i I- s u a n. t to S e c t I o n 28 1 - 3 3. I. , 1 ta ", C-� ii I R c v i s c d S t a tt,i t c s, a s a:, a.ti-i e ii d c d I
S 1'.] a I I fi I e ,..I I. -I C,..I. 1.) 1) 11 cc,- 1. t i 0 Il W h I C 11 S 11 4':.111 i [A C I L I d C �l I'l 11:1. v c 1.,1. t (.,.) 1-y 4, the Iic be
I
11,11POI-ted. the 1"Ce. prescribed, In RUIC 3)-3,
'"Hils section shall not apply to r-esidents of the State who par-ticil.mte In direct
s 111 p i i.1 e n t s ( d"Wine purstiant t(.-.) St.,,Ate lmv.
A. An on-prenilses licen.sec shall subnut an applican tiofor any persoti less
�21 Years of, C,--.igc f"(.)r C.:1 perl"T"lit LO L,Allow s�•dd persc)n to work �:ts at-i
enter,,uaI,tic,,,r kvidiin s,c-dd licensed pret-nises, whc-ther corripetiscated or not,
prior to the '11-ic. licen,see sub ti-iit the dates <,,-trid tirl-les of
perf'or,rn4�tnccs, nc,I,j.,iie and bir-th date of particip('ItIn.g ti'linors and nati-,ie and
acid-ress of the person primarily responsible for said 11,linors on a Cot-ni C-is
4.3
prescribed by the Cornni-Ission. "]"he licensee shall coniply with all of the
reqUireni.ents of the Ch.ild Labor Laws of the State of I wa 1 1.
B. Entertainers who are less thZin 21 years of age shall be prohibited from
commingling with patrons of the licensed premises.
9. TRADE SHOW. A penult: is required in accorchance with provisions of
#,
Section. 28 1.-32.5 of the tla"rai'i Revised Statutes, as attiended, to alIthorize
the display and conStimpnon of liquors at a trade exhibition, site on a
not-t'or-sale basis. The application shall. include the name and address of the
applicant, the date and location of' the trade show and an. inventory list of
liquors tobe dispIC-tyed, and sarnpled, and shall. -indicate the value of the IiqUOrS.
I'he dispetising of" liquors tor consumption. may be perrnitted between the
hours of 8:00 A.M. and I 1 :00 P.M. on any day of the week. Within. 30 days
after the close of the trade show, the permittee shall provide proof of the
disposition of (,,)pen or UnUsed liq.Llors to the Corrimission, provided that the
sale ofsZ"tid INUOI-S is prol-iibited.
10. PRIVA"VE I-IOS"I". A -private host pernilt is required, to allow a private host to
provide hq'LI01- and entertainment on the premises of a dispenser license as
aUthO.rized by the licensee (--)-fthe licensed premises. The licensee sha,11 submit
the naryie ome f" the host, date an(I tiol' the event, type of" f1inctic. n atid, slicA1. designate wht,,-ther the host is -to provide entertain,ni.ent arid/or liquor. "I"he
licensee shalt remain subject to compliance with all liquor laws and rules and
'
regulations of the C1.ommission. Unused portions of liquors s,'hall be removed
fro in die pretrii.ses by the private host.
I L PR,(")DU(`717 "t"ASI."UNG. A pertnit is require([ t"or the tasting of wine, beer
and spirits SUbject to the following cotiditions: (1.) 'liquor may mixed be ixed to
show its versatility; 2) each serving shall be no more than one Ounce per
custotner For distilled spirits, no niore than five ounces per CLISt011ier for wine,
and no niore than 1.2 ounces per customer -for beer; (3) no minors shall be
a 'llowecl to conSURIC 'liquor; and (4) Misting shall be conducted only on the
licensee's premises. Tastings shall be in a designated area only and the permit
shall be conspiCLIO'USIY posted, for public view. All tasting shall be conducted
at the expense of7the licensee.
Inclustry members may ("Isstst a retail licensee who conducts a product tasting
provided that in no case shall they asSUnie duties normally condUcted 'by an
employee of the retail. licensee.
As authorized by the Conimission. or Director, a reta,fler may charge f'or
product tasting to help offset costs.
44
1. 2a. J` F"d E N EA" 1"." N "I". 1.1m.-ri.-Ill is requ.1red t(..) Cr lokv hCellsee 11(let1sed
t(...) h(..)St teC1111 CIVellts, ,Aml (,:1, teen event
Per-11,11t, is required t'(,-)r cc,-wh event c'ind shall tic submitted to the Direct(-n (..)n �,-t
prescribed by thc Del.xi.11111C.11t (-..A`, (,-.1,t 1c(,-:ist 7 &-.iys prior to tie cvctit. "I"een
events S11.4'.i.11 be del"ined (--Is events, [c-m- ndtwi-s frot,t,I thc (,Ao-e ot" thc,-it C"'l-rc
Sp(nlS(.`)rCd by the 11cefisces (A' 1:11,c CVCI"Its ()pel"I t(.,� the PLIblic,, .....Ile 1SSU%1.:.11l(1C1 (11"
the pet-ti'lit sh(,111 bc L-11)011 the 11.)II(AVIA10"
�n I
A The scale, servicc, and ConSun.1j,.)t1( )n (A" hquors shall be protubited C,-:1111(1 C.-ill
1. llqu,ors sh(111 be rel"I'lOve(i serv-ice ZANICAS ("A" 1(.)c1<.ed, 111
kZ�
S t C
C 1 .1 2 )Ck I'I'lidnight, exce-pt
(1 110 L1 I'S 0 0 1) C NA t'() 11 S 11("I I 1 110 t C X C C e C 1 0 C 1.
t t 1.1 C i t, c c t o r s h a I I tie authorized, to extend such 11OLIT'S 1"i'.) r
school -related events.
'T"he 11CC11se-C, sh.c,fli. be t,esp(.--mis1b1e I1' C(..)IT1P1Y1.ng with ,dl 11(.jt.I(.A- CL-1.11"CAV
1 -(1 w S.
A pernm n,iav be (lented (--)r revoked uj.)on tile past or existing noncotn,phance
)ns II 'sted al.vve or vk.fl-it'on of" d'ic
b�,,, t1le. licensee - atly of thc cotiditi(.-.
(.n. Illy
I. 1 (.,1 ti r I �t w s. In the event of a denial or revoca-tion ot,
provisions of the pert -nit by the [)trectot-, the H.Cel"Isce Uilalv appe"C.-d d-le deCIS1011
to tile- ("ol-11 I'll I SS I (N),
.1 Y n I y a 1) rt 10 11
i c e n s c e. a p p I`() r t e C n. C v C 11 t P C I t W" h I C h. W" C C U
i C-1 -.-.I t C e 11 t.I., "I I'l C C
ol tile pret-rilses, pt-ovided d-IL'a S,..Ii(.l sh('111 h, C its l S C P �:l J.-C, C
wheref-,)v itlTess ('.."n, eress by t-n1l'1O1*S shZ---fli. not be thr(Algh OIC hqu,or
C 0 Il. S U R1. f) t 1. 0 11 a, I, e C-1. t. 1. 1 C P r e n.'I -i s c s acid t [I e r e %,v 1. 11 b C n (:) C 0 I'n I.I.) I n. (,.Y. I 111 cy, o t, I I. -I I n (.,.) r s
and adUlt.S.
R
4 .. Alce�- --1. ('111. 11 L LJ I., EO 3 - 3 LACTASE H'A]IS, PERN11"I" FEES, S(.A`1Et)1A J.". I. litisces shall. pay ,:u. ial
I'Ce which shc'..1.11 tv tile 1xisic f.cc Cas (Icl'inc(l in Rule 3-3-A. pILIS OIC [XIVC1 tcl(..Yc fee (,'AS
defimed In Rule 3-34�,3.
I
(" 1- A. S S
"I'lle Ix-tsic f." e the h e,--tch of" the several chsses at -id
,A. BASIC' FE"I" ICC11SCS
kin.ds sh,(--dt be set I`( n't1l [mvin Cttid sll�-dl be d1le as pi-ovided, In R.L11-C "')-4.
mm
.4 (") o. 0
�Vl �'A ll L I fa c t u r c t, s
(
.1 4 0 0.()0 4.
111CIU-ChlIg IVC61Iers)
A 1.c(-A-i(.) 1. ......... ........ 2 0 0 0
(d) Other 11CILIOT'S ......... ................ 6 Z1. 0. 0 0
RestaLlrant ("i e n c n-,i I ............. ..................... 6()().()()
Beet. W111C.... 3 () 0.0 (1)
Wh.olesale (a) C 11 C 1�:j I . ...... . ......... 114200.00
4. Retail
Is,
20.
21,
22.
[}ispenser
(b)
Beec aod Wine ......................... .
420.80
(C)
A,IcnhoL...............................—
32.00
bAGeneral
....................................
560.00
(b)
Beer and Wine.......................—.
260.00
(C)
A\coboL...............................—
[6.Q0
(u)
General .............................
600.80
(b)
[leer and Wbne...........................
300.00
(C.)
Beer.......................................
1.50.80
--' —
C)ub....''.''''......''''''''''.........................................................
320.00
Reserv-ed
7ransbezt vessel |ioemses per day per port ........................ . .. . .. . ... . . . . —
25.00
'Four or (�cuise vessei . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . —
210.00
Special licenses................'................................................. RESERVE[}
Cabaret............ ............. ''''...................... ........................ ......
750.00
lDzteL. . . . . . . . . . . . . . . ' ' ' ' ' ' . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I"200.00
(�u�rer................... ....'..''''''....... .................... ......... ........... ...
600.00
B................ .......... ................. .................... .............. —
1/000.00
("onduminjozo hotel .................................. .................. .............. 1)200.00
W.inerY................... .............. ...................................... ..........
llX}O.00
Reserved
Sromt} craft produuer pub ....... . . . . . . . . . . . . . . . . . .. .. .. . . ... . . . . . . . . . . . . .. .. . .... . ...
] I00/.00
Solicitors and representative permods:
(n) Alcobol.....................................
5.00
(b) 'Beer and Wine ........ ......... ............
120.80
(c) G"enezu .....................................
180.00
Temporary...............................................................................
50.00
Importationpenob.................... ............................ ......................
0.00
Tradeshow ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. 25.00
rc'.Adc r 11 Cc hc'. 11.1 0
24, Duj')hc,'..1tC 11ccri.se, ca:irds ................ '2.0()
I -ect WHIC. ShApper's 4,8,0("')
B P E 11 (,"'..E Y'll'i UTE. I i c c ri s e e s [i d I n M..«q Cki s s e s 2, 4, 5. 6, 9, 1 1, 1. 2, 1.3 � I 1. 5,
Icellses e
I 'A I'l (t 1. 8 1 1'('l L-1 () f h sti I I be sub...) ect, U.) t. lie I. -,)as *1 C t"C C 1) 1 U s a 1.) c t.--c e n ic, C C (..) t'i
r i I S'.dcs whicl.-I Sh-.11 I ilot exceed 1. "T"[1c ("','r(',)ss S�"IICS Of ec".-I.Ch
e t' -I I C I .. I .
11'C'Cr1SCC [TIL11tiphed by the shc'.111. C(�')nstitutc the lm-cen.t"..Ige 1C0. "1 -1 C
Percentage to be applied, to th.c f""in.;'Al (""'I'l-OSS LAC.I.L1.01" Sc']JeS ot' each licet1sce f(A.- each
current f"1sc(,-,fl Year shall 1.)C b'('1SCd L1j')O11 thC 1(611 (m�'l rig
-t tcyc Not- t-(-.-) E'xcced I E.E .g � [.]k
.. .......... . (Bf,( P c. rc c
'n
J.. ` iS
17 J
-CS (CuH."Cilt C1 E E s t I t e d. ["' x p c i i. d 1. t 1, 11 S C Y cca I
f-i F, J3L'::1S'C f"Ce (Cur-r-Crit f'isc' .1 I
C' (excess fees fiscal yecaf-)
C. WC11 sees In the above-n-lentione(I Ckasses shc'-:111 f"11C with the
1'..) u,"ector on. (,-I 1'.)f-escribed by the ('on..1,11--lission. repor-t shtmvin-o gf-(..)Ss SC':dCS of,
t
liCILI-Or C"An.d. Cat-ly (Ahel" Pet.-finent record ()r records requ,ested t-fle-reirl, "I"fle sl.'Ia:Ill
be by the f-M-en"m, and stic,--ffl be c(..')nijAeted, aAn.d. tfled later JUly 31
C,i.-ftet- dw dcate of.'expiration of, su-Ch licellsesl$ C111d C"It. SUCh C)d1C'1_ Unies or it tetwals C.-.is
the [")irw0l' f'ecit,tir-c. c r tc,--t I I y ()1,* t I i. c t o t a. I o' I" o s s s a I C S o f (�.A I i c c n s e c S' t h C
Icellsec., No -t 'c e
percentc,tg.e 1"CC Chie 1.).,..ty�,-Able sf-mll. [)e ,,issessed ec,-wh I
Percetiu,--ige Fee ['.)uc s[i,C,--i1l be to each 1.1cellsee an.d sh<-ill, be lic,--tid withiri Y')
(hays fi-oni. tf-ie &Ctte. (A SUCh 11("Alce Or' C"Is c )thermse by ttic Director.
i
UTES NVIIEN. he bas'c t"ce ":ts f)t'escrlbed by Rule 3-' .-A f'(") r' "111Y h ('CrISC
01" 1-M-11"lit iSSUe(1 hereUrider sha,111 be du,e, arl.(l In C,-idv,C.u.-ice (..)f or on, Juri.e 30
1 1
ofeach year. "lAw ["or a 1I.Cense (.m. Pet-1-1:11t ISSUed JUIV .1 Sh"All be f(...)t. C'..1 full Ye'ar..
f"Lill payn-writ (-.)1"a license IS CILIC Cand par. y,k':-ible <,--it tfic titne the 11cellse is
ISSLIcd and the f' c Vic: d shc-ill tv reckoned frorn the ofthe
month on which the license or pen. -nit is issuect t(.) the expli-ation. &C.Ite.
Additionc-i'l vessel., spcclal and licellse f es sfi.atll be paid Iti full at dw
t i r1i. C of 1.11. 11 u.). the R)11.
t�
47
r- I yhe fee for a s(-)hcit(,-)r or representativCs alcohol perniit or a direct shipper's
pern'iit regardless of when the satne is issited shall be the full arnOUIlt of the basic
annual fee.
"I"' C`Lj A S S. A holder of a
B. CtIA.N(.'.v`.E 'TO IJIGIJER KIND OR DIVFEREN
license who applies 1"Or '('I higher kind of license within -the class of the existing
liqL10,1_ license or a higher class oil' license on. the same premises shall be credited
With the LIIILIsed portion of the current basic license fee in cornputing the fee for
the new license.
C I , ('14-1-ANCIE r.t'(,) LOWER, CLASS OR. KIND. A liccnsee who des tres to lower
the class or kitid cif' license, PLITSUant to Sections 281-31. and 281-52 of the
Flawai'i Revised Statutes, as amended, or terminate a category of license shall file
written notice to the C.,on.mitssion for its approval and state the effective date of
the cl-n-t-n-ge.
D. FOR.,VEIT"U"RE OF FEES; WIIEN. Upot �.i termination of bLISiness by a licensee
and -upon. revocation,, cancellation., or change to lower class or kind of license, all
fees paid for the remaining unexpired term shall be forfeited.
RULE 3-5 F" I N AL R E 11' OR. 1111 , PAYMENT OF"t"U"OES U PO 1"'RAN SFER OF" LICENSE.
A. FINAL REPOR"FAND.PERCENTAGE FEE BY TRANSFEROR. 'Prior to
the tra.n.sfer of a license, the ti-ansf'eror shall. file a Final Report of (J"ross Liquor
Sales togettier with paymetit of percetitage I`_ces dtte. "I"he transt' ror shall be
notified of ttie percentage fee and the transfer slic,'111 not 'be coniplete until the,
percentage fee is paid.
B. FINAL R,EPORT AND PERCENTAGEFEE BY TR.A..N'SFER_EE; WHEN.
IT the transferor falls to subt.-nit a I"nal Report of (iross LiqUor Sales and/or I...'ails
to p4iy the percentage fees tipon. trans-t.ler. Of.* SLIch a license, the trans feree shall 'be
responsible for any percentlectue fee based on the total dross liquor sales t"or the
entire term :t"or which the license was exercised by the transferor before the license
can transfer.
48
R t., 11 ': 3 - 6 R. (") S S I J,.j (,) R S ik t, E S R ["v P (.') R."T" 1 1.1 E R ( .. .. .... . . 11.� N"I" A ('WIT FP I R 1`4'] 1.) S
4
L, I .Acensees i.(-fl(fing:::'lasses 1, 21$ 4, 5 1 6, 9, 1 14, 1 6 at -I. (1, 18
tk. F I N ("Ir II
N.)II the ll'CCIISCS sh(all file, on a provIde(I by t[le C 1. 41n
true Cand (Accur'C"Ate gross S""lles of 11clu( )r ['Or t.[)C licerlse yc�.Ir. R.eP(..)r.t.S be
C(--mill-fleted 'Ind filed �.vlth thc [kix-Irturlent. �...,Is
41 m t[le rcp(.")rt
C) n o r b e 1.1) r e J �.1 Il L i a ry a n [n I t, K'A I (J r o C-i e. s s S, I c s R p
I � et 1. J JU I Y I t 0 f )C-Cell I b C 1" 3
Ise year
2. n (--) r b c fi..-) re J u I Y 31, , a I S,C-fles R.eport tlic licel
3. \V1. t h. i ti. 3 () d, a. s o f -t ll. e c I o s 1 ti g b u, s 111 C S S () I., C �1'1 11 C C I t n 0 r ro e v CC-1 t i c) 11 o
I � J thc, ltcen.se, �,:t t"'nal ("r(:)ss S(a,les Report_
4, At sucl-I other til"I'le ICAS the or-111.1-lission or 1.11(ay
r irl)()ses of this ruIc., rep(-m-t-S posti-iiark.ed Of' e-111,Lflled 011 thC (ILIC Ck"Ite S11call be,
'ble. Wtiere the dLI-e CkAtC t"I )n -:i hohd,ty or weeken,(1, tfic rep(..)rt slia,11 be
accepta 11s
d C I I v C I. C d t(..) t 1.1 C (..) t`11 C e o f t. h C D 0 1) r t rri C I.I. t. I I. t h e, f It' S t w () r- k i. t. I g d Zi v t h e r c a t -i e i:
In order t(.,) establish. the percetitcage f'CC dUe and payable 1or
A(I 1. C I I C L
lal of"("'ross [Jqtum- Sales SII,�.111 he
the lwen.se war (1,11 C
JUSUIACMS 10 thC F'1
C(.A.-I.I.pleted bV AUJ,01,ist 30 (.-.)f ttie licerise yei,.Ar- M.) ��.tdjustj.I"Icnts S1.1c'-:111 be C...1CCCPtC(..1
t h. c r e,,..i. ft e r.
C. PERCEN"I"ACO"14'. 'FEE DIJE; Nor I-IEN'. The percentage 1'ec on cyross sales
o f I 1 4. In tw(_') qt fl. p-m'i'ien-ts %v'th the J."Irst
luor sll�all. be due. ,irid pay�.tble In. I`ull or
P(avy-rient beln.g CIUC or PostnIC--irked tIo later tt-ican. Noverliber 15 arid the f-i I
1 1' eact-i license Y C-1 r,
payrnent i hency due or no 1(3101* d"I(All J, C-1 -iui -y 15 o.
Alterric-.give payrtient plat'is rrwy be work.e(.1 ("Alt Wit-1.1 tile, [')irCCt(..)r.
In. u-,Isc of, ry eocalin oor cca,twellatm of ]("SLICuc-r 11 lice'llse, tile per fe-C
chwo,eable ac)-altist st.,Ich 11CCI.I.Se St.u. 11 becon-w d,L,IC,- Z-trid, r.)(--i,yable witt,iin "0 tys
fi., (..) n-A t h C (.1 a. t C t h e 'N'(.,) t i c c (.-) f 1") e re c n t a g e. 1" c e D t..t c,.
Any hcer.i..sec who fic,ills to pay its percentacle t" C ("M tile CILIC date sh(,_--dl I)e issued a
n(--)fice of: vlolauon fi.,)r every (tctv p(ayn-ieti.t lic,"i,s n()t been ti-iade ,:-Ind I)e subject, t(.")
1) C I I e S �1. S S t,C.1 t. C (1 1. n S e (�, t I o n. 2 81. - 9 1, 1. 1 a, wZ.u' ' i. R c. v I s c d S tc' ItAIMS, LIS t,"iri. d e d
D. RE(.`.'0R-DS AND ACC"O'Ll'Y"I'S. A.11 licen.sces shall keep, vvithlri the St-.C,-,1t.e (:)f
1 lawcfl."i, a set of.." books (-M- rec(.:)rds which Shows all uicorvic, purchases and
exj,vriscs of the liqU(M' 11CC1`1SCC1 IRISHICSS f'Or, (:I Perk)d of.'2. ye(,-Ars. '01"hese bo(-.)ks Gtnd
records, indudllig but r,-rot. 111.1--lited u..) d,K.:..1j*.ly. S��,Iles records, ert-lployee tin-w slwets,
A
and, in-w-')W.,es, sfiall be ri.oiade avalk:tble f-,
)r iris1'.)w.1011. ��Uld/or auditing by the
DepZ--:irtri-i.ent as tridicated on t1w 'Notice ot" fi-Ispection and Au(I-It by the Direct.x")r.
49
E. MVNIEN'rs. Any payment, ret'Urne(I to the department I r inSLIfficient funds
sh,c�tll be cause for the licensee to immediately cease the sale and service of liquor.
f','ailure to cease the sale an.. set -vice of liquor shall be cause ['or a penalty f.or each
(lay that liquors are sold.
RULE 3-7 1) IR. E ('� SHIIIM,ENT (")F WINE BY WUNEIIIES.
A. Any rnantit'actUrer of wine who desires to ship wim;s to residen.ts, of the County of
tlawal.6i. shall obtain a Direct Wine Shipper Pernilt fi-orn the Department. The
pertnit may be granted by the Director to any person holding:
1. A (.'ieneral Excise TI,Cix license frot-n the State of I lawai'l I)epartrrient of
Tamition; and
2. Either:
Ca. A (""'lass I license to manufilCtUre wine Under Section 2-8 1-3 1 , I-fawal Ib i
1-,..evised StatUtes; (-is an'iended, or
b. A license to t'nanUtIcICtUre WiIIC iSS'Lled by another state.
B. The terra of the per-mit shall• be for one calendar year. The applicant for a permit
shall subt-n-It:
L An applicatiot.i. fort'n.
2. Copy (.-)f the State of" I-Jawal 1., Department of "I'axation, General. Excise Tax
license.
3. ('.'Opy of.' the Class I license to manW,acture wnie under Section 281-3 11
I R,evised SU'ItIACS, as amended,, or license to imc-,intificture wine issued
by another state.
4. Payinent of an anllUal. permit fee of $48.00 provided that the annual permit file
for a nianufact-urer of wine licensed tinder Section. 281-31 , Ufawai'i Revised
SUALUtes, as ani.endedl., shall be inclusive and p,cirt of its annual license t*ce.
'No pen. -nit shtallbe iSS'Lled'Unless the applicant h.asniet the f"oregoing requirell'ients.
c. "rhe direct wine shippers may select a 2 calendar year permit following the same
reqUireITICtItS C'AS Set t"01111 above with Ribniittal of a $96.00 biell..Mial fiec.
Do I"he holder of a Direct Wine Shipper Permit may sell and cannUally ship to any
person 21 years of age or older in this County no more than. 6 9-liter cases of wine
per household for personal use only and not fear resale and shall:
L Ship wine directly to the person only in contc,"uners t. - liat are C011SPiCLIOLISIY
labeled with the words containing or similar to:
"CONTAWSALCOHOL: SIGN'A,r'URE OF PERSO'N'AGE
21 YEARS OR OLDER. REQUIRED FOR. DELIVERY 1�
2. Require that the carrier of the shipment obtain the signature of any person 21
years of age or older before delivering the shipnient.
50
V 0 �`ICII
I tO PCI-SOIIS 11-1 t.).11S CILI-1.1110 t CCC1- I C31TIOU-11t (A WHIC, S1,11. [-) p e I') c I I F1 I".
c a I e n C1. La I. Y CM,
-1, PZ-1Y call. capphca 1. S C �,l 1.1 i b1c ocner-il exc' .1 tc,"Ixes. tax
Zn
"A [I)ITCCt W1 Sh'j.'.)PCr F)er-nllt Shall be d-c"Cl.-ned
1) t, I. I' I') () S C i I I \v s 61 d U 11 (10 1. 11 L I
[)c win-e S(.-fld It -I. the su-.--Itc�
6. 'Be SUb.Ject to aLK.11t, bY the
t I 1"'A C tt I I
1'etic\1V 11 Direct Wit-w Pert-i-ilt by provR-fing thc
CL-1-ITC111 license U"') wtnc, C-Ind paynw-n,t the
annu,al Ccc,,
S�--Ilc I. -Id. sh, c)t" wil-w c1firect-ly to C'I Pe1`S()n. 'n. 111s St'ate [)y a pers(.--)n that.
Ipil"Ient. I I I
d c S n (..) t j.-)(--.)SSCSS (-:I v('.111d Direct Win.e S[11j,,)per Pernilt is pr(--)h I bited., K-n (.-.) w 1 n g I v
V. 1. t I n ttlls law is a
R Ll L, E 3 - 8 Fff.)1JRS (`)F BLISINESS. "I'licre shall be n(.) sal.c, sen, ICC M*
011 (K Within cany 11cer1sec-1 pret-Tilses bet"(-)rc (-)r after the h(-)urs of'business estc,--tblished by
the (.`ornrmss1(-.)n. On. a pret-niscs liceilsed C()fl.SLJ1T1pt1(,)n
• re, nica I n o n the preni 1 ses a fter th e le (-)A. c lo s 1 n 110 Ur t' th c I i cen sect prern. ISCS I p I C-1-ed
�n zn.
thcat d--us shc,--,d1 not apply to open at-cc-ris of hotel preydeerand lwt,el west rooni.s or to
p r c t-ri i s c s w 1--i -i c h (-) p c na t c. b c y- (-� n. d. t I.-i c I e g a I c I o s 1 n. u- h o t. i r s (-) t:T'c r 1. n cy. o (J s e r v I c e \v 1-1 o n..I C.1 Y
� In
be perrriitted. to off"er recorde(-.1 niusic, Provided <-Iny- t-101SC W1 liCh (.11StUrbs t'he
shall I-)C C�-RlSe tO j.)1`(')hibit rec(,wded 111U-SiC c"It"tCl- 1"I'le le(.1"(11 CIOSIng I-IOLII'S.
G ind actIvItles aUth.01-IMI Ulldc-r con(.11tions (.)I-" the license Or Perrvilt-S
1-icid 'bv the licensee shall be C(MCILICted withill t'11.0 1CO'c"d. 110M.-S of bU,Sincss, except as
.? 4n.
(AlICIAVISC �'AL1t'h(-)rIzcc.1 by the t-n. ti'l I s s 1. () [L
k-,d - -t I e r s i.,i- i.c,:i r 4/k, R I "T ik I L 1.) E A. I L,'Rs. licensed pre-ti--i'ses (Jt' re ., 1.1 de��. I I y b e o p c i i 1:�'(
d. -1. c S a I e o f I I cl u (-) r 1) c t w c e n. 6: 0 () A. M . a n (-1 I. 1 0 P.M. o n an. v ch-,l y h c w- c e k -
4 B"T' 0 1- 14 11 CR 1J I S F'j . I IJ 13 S 1) 1 S Pf NSE R S, R. E S `F ik. tJ RA N J` S A ND
VESSEL,S. `1"he licei-ISCd 1.)I-C1111SCS Of CIA,1bS, dispet-iser, resu:1unit-its., 'c'.111d tOU'r 01.
Is rrul-:ty be. open F)r the sale o ce (..)f' 11CILI-01- bCt\1 1Vec11 A.M. ot'
CRHSC VeSS.c. r s c t-A
�
day oft[ic w c c k. 'Ll. 11 d 2 : 0 A. M . t h c 1. 1 (.-) �,v i n o cpry.
4"
W
1, AREI 'fhe licensed pren-uses of cabarets ni.ay be ope-ti for the sale or
, CABS.
set -vice ot"Liquor between 8:00 A.M'. of any day of the week and 40") A.M. of the
following day.
1). M.ANUFAC.","YURERS AND W110LESALERSI. The licensed pren-iises of'
ma,1111t"UtUrers and wholesalers may be open for the sale and delivery of 1I.ClUor at
all times on any day of the week..
.E. 110rrELS, CONDOMINYUN/1 140TELS, AND J'RANSLEN'r VESSELS. The
he ei-ised premises of" hotels, condoniinlurn hotels, and transient vessels t,,Yiay be
open. f6r the sale and service ot"11CILIOr between 6:00 A.M. of any day of the wcek-
and 4:00 A.M. of the 1.:c.�llowing (lay.
F. C.A."FERERS. A licensee aUthorized to provide catering may provide the sale and
service of HqUor between 8:00A.M. to 11-00 rnldnight of any day of the week.
G SPECIAL;,. 'I"he 11censed pre-m,ises of a special license niay be open, for the sale
and service of liquor between 8:00 A.M. to 12:00 midnight.
Tl'ie, licensed
H. BREW1111J11S, WIN'ER,IES AND SMALL CRAFT' PUBS.
pren-iiscs ofc"'t b17CWPUb,' wi,n.ery, atl,d small craft 1.)Ub licensei--i-,icay be open. fi)r th-e
manuflacture,, sale and service liq'Llor froni. 6:00 A.M. to 2:00 A.M. of the
fol.lowing day.
PAR"I" IV. PR()CEDURE FOR. (.01'"I"AINENNG A [j1CENSE
R UL 4 I LIC
4 'EQUIR,H). No person shall. sell intoxicating liquor untess squid person E - "I" N S E R
is a Valid holder of a liquor license approved by the Commission. C011CILICt of the
bu,stness sh,cfll be restricted to the licensed prenuses except as otherwise alithorized by
the C.ommission or the Director. ProcedUres 'For filing an application 14r a liquor
license or perni,it(s) and applic,'c'Ition forni(s) are (-.)n, file and may be obtained at, -the
offlice of the Departuient or oti the Departm.ent's website by the applicca-tit or its
authorized representative,,. Applications and required forms shall be signed by the
applicant.
RUL4E 4-2 LI.C."ENSE A,P'P'L,1C.'A-T10'N.
A. -FORMS. Applications for licenses, notices of publicy hearing and, affidavits filed
by applicants in connection With SLIC'b. applications shall be on respective forms
prescribed theref'()re t.'rom time to tinie by the Cony, nission, and in conipliance with
reqUire't'nents of Chapter 281, f4a,wai'iRevised Statutes, as amended.
512
g C I C R A lClellse
S 5 o, r i"i (,.) r i g i n a I I I c C n S c., c.)f, license" C[I.C-1riae (..A` CIC'.-ISS, C1.1c".Incle t(") a,
[ijohet- klt-id., d-icangC (.')fC'(AtCgC)r'V 0 r S L-1 1) c a t e o'. o t"y , c hC-1 n g e o o C t 10 11. () 1' 'Ci 11. 111 C 1, ec"I S C
it -I. prel,vilses 1"NUffnicy notice to I...)ropertv owners. "I"he 111111o. f7cc sf-uc-ill be fllcd to
Z171
1) a y 1,11 C I."I t d--w 1"ce requir-ed by RUIC' 3-3 \,vhet'i the hect-I.Se is grCanted. C..Itl.cl Shi,4111
1-)ecorne C,-:i (:)f` the 1:)C1.)4Jrtrn.e1.,lt wtwri d-le hCel"Ase IS (Jetued U.-le
a,pplic,-it*�.-m-i 's w`t[idrtw-t-i. A ti y P a y ri--i e n t l"CU.M.Wd tO HIC I`Cff
�-isc the s,--1 -.1 i n s u 11.1 c i e n t f inds st-iall be C81ISe for the licensee to n-i e d. t e I y cc" C 1. e C, - 11 d
I C I iqU01" s h a , b 11 c C c`-l U S C r
S C ry C C ot H i q t. I o r. 1'"'a. i I L I I- C. t 0 C ec"A S e t 11 C SC I I C " .111 d S C I-V c C. o
I.,
4 1,-:1 "rk-) n -, v- e. ry
I C.'.EN S E Y [.`� A R. "I"he license year st all be 1. ... --i JulY I t() JU-11C �)(). F ' "
ticense or penna wl-icnever ISSLIed shall CXI ' )if"C Nkrlt.h 01C CIOSC Of Ritle, 3() next,
succeedl-n.o- its I'SSLIC, except wfi.erc Provided for elsewhere.
1). APPLA("'A"11ON' R.EQI..,1'IRt"JiN�l'EN"'T',S. A n a p p I i c a n t r C,-:i n e w, I C C 11 S C () I' CIA
ttunsf* r ()f a hcerise other- than a pccial or terrip(-m-ary Iicef'lse Shc".11.1 filte cls IN":1.1"t f
t. h e p p I i c a t 1. 0 11:
I An executed C,-,ipplict,"ition..
A. 1"Hing 1."ce (,-)fS50.
A. Uix cle,�,i,,rt-ttice certil"icate frorn. tl-w S-tc,ite ot, (ff
C."ot-nplicance Express.
N(,,)t,,,u`zed personal fi.istoty 1"orn--is of" applicat-its, 'whether ui 'nd,'vidual, 01'
(..)f �.I pCArttiers1JP, Uflif"01.411 1'111'Wd p,,-u--tncrshij-.), hin'ted 1i,-:.i[)iHt-y
p.artnct'shil,.), hi:n1ted HaNlity C()n.1p1,C".1t,1.v (K U111 tic(,..,) rpol-c-i tect �.Issocl,�,.Itiol..11, at -id, It (.I
c o ,,'-C1. .m.Ss'
rp o ri. te pp I Ic(A nt t erd, i. ret (.)rs1 .n.d11.1 I-onh(.)I . -it-y- or n--iore of stock, which sh,cAll. iTICILICIC Ca staten-ient of critnimc-it 111stOl"Y'.
-it y 1-mr, --let
hrriited, pi-
,---rttiers16p, Hrrlite(.1 S 1-1 IP,
hn--cited lic,-tbihly C,,()1T11XA1Ty (")r a corporc,"ition, col.:)ies of." aII regostrzAtIon d(..)Cul ri et"I t S
filed w.lth the DCPc,,.,.trt.t'nent of ("on,in'-wrce aj1d AF[1airs, SL
I LKv"7aj,l Including, bUt riot hunited to, re-newal registrations, CLU'ren.1 11111 L K`1
n.-In.-ics of',ill. stock-1-u-Aders
r e 1) o r t s, c e r,t i f"i c at e s o r (..) t 1i c i p t-o o J` f g o o d s t i"i d i n
a t-i. d p e r c e n. u,.,i cy e s t c k. h. c 1 (1 by c a c h s -t o c k h. (--,) I der.
-.11:1. 11 C 111 It 11 ti. d c) 1. 1. Cirs
IIISLINAIWC 111 'i-111. C'11110L.Itlt 11(.)t -I,
5. P ro o t' o F 11 cl t.i o r I i a b i 11' t y ' tess tj �
4 (except conventelICC 11,lcalts)� 5� 6, I. 1 , 12� 13, 14.. 1. 5 � t 6, a. nd 18
1`(:)r a class 2., Ak-
INLI.01' llccrlsel �Vhl(',h Sh(AH bC. SUbl-11JUCCI tO the 1SSt,K'fl`lCC k 1. (-,1 It C� e 11 S C.
6" 1)ourt.nent Show1rhY ()Wrici�ship of' the pren-ii.ses or a, 1ease or rent('�d C'.qgFreernent
excluslvc. POSSCSS1011 ("111A, control of' the 1.)IC, ice of' bi.,isil"ICSS ("fl", C-it 1C<,.:,1St
on.e-yeal, dur-c"alon, unless special conditions prev�dl, with option t(.,) renew it"'
applica,ble,- together with Capplicable 1eg,cil doCLUIlell.tS to HICtUde, bUt is n.ot
Ilti.-ilted purchase acyreel"I.,lents,
15.
(-.)r the like.
7. A floor plan to sci,fle which sh.all. stiow tfie dn-ided deSC1APtl.(.)n of' the
propose(J pre-t„ilses (MIC1. a plot pIc"'in showifIg the IOCC-Ati011 Of tl.-le bUll-ding on. the.
property Cin(-1 ingress an.d egress to the 1?rerriises.
53
8. A-n z--ipplicant for a, transient vessel license shall file an applica,tion together with
a -tax clearance froni the State [)epartnient of Taxation or F1'awal'l Cornpliance
Express for the ao-t�ent or owner of said vessel.
Applicc-Itions shall. be filed, -t'()r each vessel, and ixi<,,,ty be filed an n-Lially during the
M011th Of JLIne. L.,ice-nses issued shall be valid t"or the upconiing fiscal year. 17ax
clearances of the agent or owner shall be applicable to all (,Ipplications for
transient vessel licenses that are filed by the agent or owner during that fiscal
year, Annual application.s shall include C-i list of dates, ports of call. and an afttlUcal
R,C-iynient of fees per port of C(111.
.1
Applications for transient vessel licenses rnay be filed per port of call, including
additional ports of call by a licensee who files annually, Pursuant 'to this section.
When inclement weather forccs a vessel to shift its port of c,('-fl.l. to die Island of
14awai"i, and the vessel has a valid transien,t -vessel license issued by another
j
the County urisdiction within the State Of Hawai'i, said license shall be valid in
of Hcawaf'l WithOUt requirenient for an application or 'fee, provided that
non -icat-I of st,ich change of port shall bc sent to -tile Departt-nent.
4
E. NOTIC]T REQUIREIMENTS. EAcept t.(-)r an application for a class 8, 9, 10, (,.)r
1.3 liqLtor license, an applicant f.,'(.)r a new license, or a transfer of a Class 5 or Class
I I license, or any application requiring notice to property owners, shall be Subject
to notice requiren-writs puxstiant to Sections 2.81-57 throutil'i 281-60, Fh,Awai`j.
Revised Statutes, as <at-n ended, and shall also file as part of the applicatioll:
I A tax snap drawn to scale with two circles showing all property owners and
lessees of.' record within. 500 Feet and 100 Beet, respectively, of the proposed
I )reniises.
2
r( . A fist of property owners and, lessees of' cord of the properties witli'I n 500
t' et and 100 Feet o.Ftlie proposed prernises.
F. TRANSFER APPLICATION. An applicant for a transfer of license shall, Ill.
addition to the reqUirernents of SUbsection. D, submit a copy of the PUrcha,se
agreernent or siniflar document whicli shall indicate the price to be paid Ilor the
Purchase of tile licensed pretnises and inventory, and written reqUest for a
tet.Tiporary ficense, it'so desired.
,Except as otherwise approved, by the Cornniission, if the licensee takes in an.y
partner or associate, or transt.� rs to any other person, or permits the con(ILICt of anv
business by any other person, either openly or under any undisclosed agreement,
in part or in whole of any portion of the business conducted on the license([
premises, the sarne sh'all be deemed to be a transfer of the license which. requires
Commi.ssion approval,.
When an appl.icati.on for a transfer of license is denied, withdrawn, cancelled, or
for any cause whereby the transferee discontinues and vacates its business, the
54
or-r-11-nissiorl rrlcI.y �ajlj.')rovc the I.-C-11,1stc"Iterl..'lent (.)f d.-I-e 11cellse to the
request [.)y th.c c"At'U'l SL11)1111tt�lf C-i leasc. cw like docutnerit, 1r1.(j1cc'..1t11.1g
posseSS1011 ("AlIC-1 con.trol of" the tic etised, prerruses, tax clec,--irance tic Sta-te
..)rCSS C. .1cre '.I.PphCable,
X.1 "A 11 d w I c I L
1.) c p-1 r t n'l c fl. t o I T`cl X.'�A t i o n o r f. fa w a 1. ` I (" o r-)- I I..) I ic-1. 11. c c
r I 1--I. rl c c I I c d
1.) r (.,) o f" o f I i cl t. I. (..) ''c thility(..)t " J.)crw'SC the 11cellse. sl..I�..111 1.) c CC,
'No 11celise S1r.a1.1 bc while &err ItIvesti h,ch rcst..Ilt
gation is oncywrlo. \v I
in an hearilig M' while ari C,-,id'jud1.catR.)ri hectr1ria 1 s 1) c ti cl i n �:y (i n cl there
4-n Z"
-tkv violat' ..)th the
mg assessrilet'Its (,.)I* P I I I 1011S 1.111
ci r e (.,) t. i t' s uk.:i ri ct cn,'-flties I'cl.t.,tor 1, less b(
1.1steror ti...'arlst"crec tra-Pw r(-ide. cori,sent aSSLIT"I'le resp(.')nb si i I i.y "o r
a V: c -) i .. 0 t Icellse I c
cti(.)n.s as be by the Ari -i f" - a h vv'. h ' c 1.1 [las
beat. appr('.."wed bUt WhICh 11M,"i.se llz'is riot beeri. issued sha1.1 n(..)t be
G'. "I"Ot-JR OR CRIJISE, VESS1'A'_, AN''D 1"RiNNSIENT N, ESSI I I 1 1`4 N S 1 "_'41
A Pt" I A"".'A',NT'S. A.n applicant 1"or C--:t tOUT 01' cruise vessel licensc or a trc, insient
vessel hCel'Ise shall Itwl.u.dc (-:i.s Pc"11"t �....Ipj..)hcation:
Copies (:)f the corn-ni,ercial anc.1 rmorina perrnits iSSLIcd by, the S t '('-I t c
f'.)INISRAI., wher-c �apphcablc-
o P y o f t h e crof-Icc.ac fr)spect'on "...Is 'sSued by the t J.S. C`o"..Ist r.d..
I I
R
4A.111 sees E QU N1 E N I" S. ( -t p 1..) 1.1 c a n t. S and hcen S 1.1 c o rn P I y kkIr I t 11 ,..11. 1
applicable Feclercfl, Snatal, Z1.11d County reci.t.ureti,icn.ts or laws t(:) tfic
bl'.1stri.eSS1. whethcr irl existence "tt. th.c tilric of, ISSUarice. (.)f` Su.ch 11CCII.Se (",ff (IS
ad C. C, opted or ch-triged [rcm.-n till"le U) tirl'icry ,
L ADD I "I" I (") N'S W FF 1-11) R A. W A 1.4 S, A. 1. 1. c c 11 S e c s h a I I s u 1) rn.1 t a n o t i. c c or
�'V I t 1-I ch.- or c'..1d,ni,issloti, of �"J rnen--iber., jx1ru.-ler., or ."W I..- ." (..) () r
ri--i o r e s t o c k vv I t 1--i I ri 90 days o f t 1--i c \v 1 t 1--i cl, r a �v' a I or C-i d. i -i -i i. s s i o n
55
J. C'ONVERSIONS, MER(.1"TR.S. The conversion of an. entity in.t(,.,) any other t4ri"n.
of eraity or the tn.erger of any entity witti any other entity shall not be deetned a
transt.'er of the license; provided that prior to the date cif' the conversion or merger,
the licensee shall, apply for and Secure the approval, of the (,"onimisslon for Such
action, at one hearing, withOLIt the req.ti,irerrient for pUblicatton of notice,.
L 4 nership, limited liability
',ntity shall .can a corpo.ration, partnership, 111,nited part
partnership, limitedliability company,, or other registered, business entity.
The licensee shall Stibtnit a coni-pleted 'Notice of Conversion or Merger I�orrn,
together with copies ofall CIOC'Utnents reqUire(I to be filed with the DeparttyieNti.t of'
C,onitnerce and consum.er Aft"airs, State of.1--fawai'i.
K. NOTICE OF MAILING "1"0 PROPERTY OWNERS.
1. [�,xcept for an application for a class 8, 9, 10, or 13 liquor license, applicants
for a new license, tral'ist"er off' a Class 5 or Class 11. license, change of location',
change of category or subcategory, or a change in class and/or higher kind, or
an increase in prernises reqUtrinc; notice, shall be requ,Ired to notify property
owners and lessees of record of'real estate or owners ot'record of shares in a
cooperative ap(artn--ien-t, and, where ccipplicic,-tble, notice to the con.d0l'I'lilliLlt.11
nianager, within 500 tact of the prernises purstic,-int to Section 281-57, I-Jawc i1i.
Revised Statutes, as an-wnded.
Applicants shall tile ttie current list and addresses of 100% of the property
owners and lessees of-* record, of real estate or owners of"record of shares in a
cooperative c--tparttnent axi.d a map indicating the 1.00-I"Oot and 5004.�oot radFUS,
as filed, with the County of' f lawai'i R.eal. Property Tax Office which shall
include identItIcatIon ot." Al public and private highways and riglits of way.
TIlc.,,, raditis shctll. be tneaStIred froni, the perimeter of the proposed premises
WhiCh is Linder the excel c lusive (-.)ntrol and possession of the applicant,
eXCIU ding cot-rui,ion (,-trel-cts wh-ich Z,ire shared by other bLiSinesses.
2. Upon approval of the preliminary hec-tring, the applicant shall nail notices to
3/4 of the property owners within 100 f*cet and 2/3 of theproperty owners and
lessees of record of real estateor owners of record of shares ill a cooperative
apart.1yient, and, where applicable, notice to the condominium manager, within
500 feet, no later than. 45 days prior to the final pUblic hearing oil the
4-ti..)plication. Mailing of notices shall be verit"ied, by a certificcate of mailing.
Upon completioti. of the mailing, the appli.cant shall SLibn'lit the following
documents to the Departtn.ent no later than 7 business days from the (late of
mailing: (a) a list of 100% of the property owners and a list which indicates to
whom notices were mailed; (h.) all aff1davit of rnailing.; and (c) a copy of the
cerfifkate of mailing as verifiedby- the'U'nited States Postal Service.
Procedures, forms and formatting of documents shall be in accordance with
Department requirements which are on file at the office of the Depaament.
56
.� . W11
3. 11` t 1--i c I I's t (,-) C p r, () 1.) e r" t. Y o..') W 11 C r S C"I n C S S CC S 0 1..' r e C c:)r d o f, r C z..1 I C S t.�l t. C () I n C r-S o
r c c r d o f" s [i Z ires in a cooper�,-.mvc is f'(.)un.d t(--) bc tat atiy t1l"I'le
(A S I" --1 -1 to rrwet (_)ne (")r
J..m.-Ior to or �,.:.It the 1.1 nc, d ptiblic (.,) I, the h,
M.( 1, C t. [I C r C q t I 11* C 111 C 11 t S S C t 1"o.) r t I -i I n S c c t I (--) I i A2 8 1 5 7 1 Li. �v�-.A 1'. 1 1`� c v i s c. d
A S `1111 e n d. e (1, 0.1c I 111. U C t
S Ul t L. I t'C- S 1� (,". t� I I o rI 111'.1y susl:")end r c o n. t 1-1. C
-I I n. d I C(,.1 n t t (, .) t.", 11. y
(,--A. 1--,) p I I c a t I o 1 l�CCIL.I.H.'C 01C ('11)JA ) resubn:lit dc"111 �"ICCL,Jratc list (
(")wriers L-ind, le secs (-)frecord ot' real. esuttc or owners (,)I' record ot' shat-es i.n a
C, ,ind to I.u..m.ces t(.,) 1,)r(,)I)cl,,ty Owners and, lessees of
itive apartn"ient C 0 p et -
I t I k " e 1. 1.) a rt rvi C rl. t
rec(.-)r(1 (-.) t' r ec,,-t I c S UI t C �'.:) I." I I C I.,. S f, I . e C (.) rd o I" S [I ires ill ('A.
-Ind will be (","ILISC f.01, I"CPI. I C
C I b I ' I C "I t'( )11 01" FlOt'CC "111d "lSSCSSI'llent of" I)LIblicat
1`e C. �
4, When Protests are 11led by pers()n-s who a,re tu.-.)t listed, Cas �a [,)roperty (:nvner (-..)r
lessees of.' record of' rezd cstat,e of.* OW-ricrs ot.' record of"' shc:ires 1.11 '(A. Cooperative
"U'U'llel"It bUt Wh(.) *I-id,'cate 11-ie- :i t. )Ivrty Owners, dle Protestor Sl"I"'I.H.
CIP4 C
-e pr(
PMVIde j)1-00f'Ot`SU,Ch OW11CI-Shq
L F" I N At, IN S P E R'.) N W.Z� fii n a I i n S 1) e C -i I o n of t 1-i c P r e t -i'i rse.s s ti 4a 11. b c pp I 'ct 1) 1 e t
t1w isst,utrwe of' a new tt'ansterred 1)(111el'Ase, (A' Use of C,-in area di�At fi,a,s been
Increa-sed of. <"...11teredl (.,)I. Cas od'iel-WISC I-CC.lUilTd. by t1le ("'OtTil"I'llssion or
A it rl 111spection nl,ay be waived In c11*CL1I1lStar lCCS that in.c.ficates, bUt is 110t
limited toy diatiges Ill. O\Vllerslup erititles Indt.tding, conversions, tnergers, C,-.i ctian e
9
C'.111 11"Idivid,tial C-i part.nerst-iij), torpor"-tuon (.)I' C11 ht'nitc(] hability Cm.-I.I.Pa,r1y; (...)r
Cron,i r partners1l.ip t(I a com"ix.)ration or 11n.-Ilted liabilit''y co ill lxluly, or C-1
htn'ted lic-ibilltv cotnpany oi- like cl-i,c�,tru:ycs., Cff (A fle"t CIppl.ication.
corporatioll t() a I l 0
which luflds a tetnj , )onc-uy license 1"or a prefTlises, or to G. transtp er aphcc,-ition.. I n
CV.Cry C("Ise whel,e C1111. irispectlorl is w".lived, the Fkj ' )artnwnt shall ensure 0 11
C-i I t 'o i cratl l.s lv-tve occture(J kvfi.idi tl-Ic sc,-:4'etv of't)atrotis. A. fil.riZ--d
4
111 S 1) e C t I Fl. S h C-1 I I 11-ICILI-CIC I ).,I Spec t I cle,�.Iran.ccs flOrn F,eder,(111, SU'..'l-te CC":rnd o u I'). t, Y
agencies hx,-wing jUrIsdiction OVC1" t11C bLISHAOSS 1. jnclL1dIT1,(.'1',, bUt 110t 111TIlted. t()., the
St -ate Depar-tril.ent ot' Flealth and the Cou,rity's PIC"i-11.1.1ir1g, PUbhC Works a.rid, Fire
1".)em,tru-nents. No 11cel"Ise sl,i�:dl be isSUed until itispecti.oti clearances have
t)ecrl. received C,"tj.)propriatc ("."OUTIty ('1n.d. State. Ltgerwies at-).d the
exCCPt as od.,lenvise provided 1,iereltl.
M.. i.k.P'PROVAL, AND 1SStJAN'(.`.'.E OF 1,10ENSE., 'T'he approvcld. (A'an apiflicatIO11
fOr Olc liquor I.I.Cel"Ise sl-id.d] 'be valld. l'o.-mn - or year the dc,-ite ot' Zlppro�(
J wid-111.1
which tirne the S11v":1.11. CZALISC UIC licellse to) he Issued. A request for
extension. tn(,-iy, be subrnitte(A f'or (),00d Cc'.111SC at-i addit-iom-ml 12 ti-cent hs, Prov.1ded
th4o,3-t the C'.1pplican.t. rnay request Cati iiddltlo.rial 12--ril.orith extension. upon proof' that.
the prOjCCt IS �I,Cti.Vely Under" constrUCti011 and/or is seeking cornplic,--ince to 'C-.ulotti.er
agency"s reguJanOtI.S. J'llerc(,-111er, the (,tpprovc�fl of, thc C.Ipplication. 1.)C
cati.celled C,,-,m.d the apphic('11"It rT1(,.1Y be reCjLIir'e('.l, to caf.)ply 1`01, ("1 11.01v licel"Ise.
57
N. ISSIAN'C"E OF (".ER'I'AIN'.I..,,I'('ENS'ES Bli''DIREC"I"OR. I'lie I)irector may
approve an(I issue special licenses, tour or CI Ilise vessel. and transient vessel
licenses with subsequent ratification'by the Commission..
0. PUBLICA"TION COST DEPOSI"I'S. The applicant shall be responsible for the
payment of the Cost 01"J.)LIblishing the notice of -public hearitig. Faillire to pay or
payrnents returned for insufficient funds shall. be caUse to delay issuance of the
Permanent license.
P. IILJBLIC PLACE. A. license niczty be granted only for those public places its
dcfined by Section 281-1, 1 I'awal"i Revised StatUtCS, as arnended, except as
ottie-t-wise provided.
Q. 1., 1. (1-1 E N S E 1) P RE MI S E S. -17he area designated on the floor plans, when.
approved by the C."on-iryiission, shall be know-n as the licensed premises. No
change cif: or to the premises shall 'be permitted, except when c"ILIthorized by the
'
("OtI.1111iSSiOn. pUrstiant to Chapter 281, fla,wai'i Revised Statutes, as arriend,ed.
'rhe conduct of bUSiness or an offer of services, whether or not such service
incltides fiq.Uor, by the licensee or any person wh.1ch is located off or adjacent to a
.0
liccrised premises, andf.lo , is per,rnied, J.' r the direct or indirect financial benefit to
the 'licensee., is prohibited.
R. CONDIrFIONS, J"he Conimissi.on reserves the right to inipose conditions to the
liquor license or perniits.
S. N/IAN'A(,'I'.'.EN/IEN`V A-(1`.,WUd.EMENT'. A licensee shall apply for and secure the
approval of the ("onin-ilssio-ti -tor any tiiaii.agerrient agreement: prior to the
a�reeri-ient -taking of feat. The licensee shall. SUbtrift an executed agreement which
shall. indicate that the licensee is in possession and, control of the business, and
shall be ultini.ately responstble ("or the f"iscal and operational requirenients ol"the
business. A management c(-.)mpatiy shall not invest, or deposit any monies into the
licensee's bUsiness. The ('.omiiiission reserves the right to deny an agreeni.ent
which is contrary to this section.
'I". LIQUOR LAABILITY INSURANCE. Restattrants, retail dealers, dispensers,
clubs,
cabarets, hotels caterers, brecondon wpubs, -nnfut, i. hotels, wineries, (and
stTiall craft, producer PUbs licensed under class 2. class 4, class 5, class 6, class I I
class 12) class 13, class 14, class 1.5, class 16, and class 18 shall maintain at all
tinies liquor liability insurance coverage in an aniount of $1,000,000; provided
that convenience tninirnarts holding a class 4 license shall not be rcqUired to
inaintain liquor liability insurance coverage in. that tarnount.
58
A ise of" --triv cki,ss ,:in,d k'nd in--iy be
RIJI t J 44-3 1--,1C'ENNS1.1].
u .Y
"Fl.w." pret-1-11SCS sh,,--fll liav-e been[ OJM`�ItCd U.11(iCt' d'1C hCe!"ISC of' the s(,--fl-ric, class, ki-nd
� '. C . ... . ... .1st olle Year i , I Kaely 1.)r, t(..,.) the
C-Ind c-Itegor.y. Ssu.cd [)v the (..`o1,--nr1l,SS ml I.t. le,
(-L-Itc ot" 611111CY, th.1s (,-A-pph(-,-ation (()r a 1.1cense, C.N.Cq.)t CIAS Wher-k-visc
tl IN'(Py,ed. by 1-1te 11AISS.,
B
1P .. C Ary 1I.Ce-1.1se S[u..'I I 1 1-1 v C t'lled w1th the 11. , 'T'he (,"A tell ..) 1,
ZI I) I) I I C (".I t I (..) n C(.-) r t h e I I C e 11. S e 0 f" t I i c sc,-,t t -ri c c I a s s, k I ri. d 0,1-i n (1, c(,"A t c (2, r Y. t I -I. c n I rI C. f"CC C t
t - L -11. 1CC11se
I < - w1thd,r,:.1W.1A1 ot" an apj.)1'cat-'on, the h 1"C C S h a -I. I I
I.-J, 1.) o I I d C n '. ,I I C) I
becorne. (,.,I rcc,--Itizk�ltiotl (..)f"the
' I N ) (-k-iys -in,d un-ty be
t). ]-titn.l. c erof* a terllj.)01'�"ATV I.A.Cellse Shall ho 1"or a peri(., I of
ren.evved �-a the discl,etioll t-I'le ("of-1-11--niSSR-)n t"()r, ru'A rnore (,.me ciddltk n Ct I
tet,11-1 12(') &--.tys and, i,tpon plyrvlc,,"nt (A' an atddlfion,,--d I" e of' S50.00. W h en. a.
tellipcKIC"Al-V hceti.se has expired Cind no peri-ilanent license has been issued, fl-le sale
C.-Ind ServIce 11CILICH, O'K311 M'ISC U1-1td 01C Pc. t-111c"111CIlt J.iCC'11SC IS 1,SSLI,Cd pr(.)v1ded
tl--I.at the pe-rruat,n.ctit license nlu,st be lssi-,ted no last r d-u-in 2.44 rnori.tfis the &-Ate ol"
the a -t r,
pproval ol" the -q-)j.fl1Ca-dOT1 d"le PLIWIC Mid Iri. the case, ("A"a. n. st'c r
Z:..
,C-i p p 1. 1 c at, t I o n., t. h e I i C C 11 S C S h.C,1- 11. 1), e r e n. e %v e d I.) y t 1--i e 1i o I d c r of t 1--i- c t c ri 11) o rC,-1 r y I I C e 11 S C.
A ten-iporcai-N,, license shall aUth.orize. the a,-pplJcC,--Ant C,-i 11CC11SC tO 'CASSL11.11C COntrol
ot" the h(.,ensc-,,d pren.-uses upon at the
provide (I thaIt the E)irector is mlfl-iori.zed to 1ppr-(.-)vC an tor ten'lpm-,Etry
1.1cellse H." the applicant lit, -:'is con-iplied with ttie i-equil,C]"I'letits 1"or the filitig ot-" Cr
11cen.se, iricludlng tfie filing of," a pretirnimc-iry report ot-� gross liquor sales by the
C I
t- r a n s f C ro r. SUCh. �`1P.IN"(W-al shall bC SUII.Ject to the suhsC(I.Llent rcitific-ttion [)y th.c
o r-1 i ri..1 I S S 1. () ]1.
4.
t et-liporary h shall C`1L-1-th(')1-'Ze tll-L' h 11-Chase otily' by
I C eil S e I ICCIISeC t() PL
I '1 11 n'I e
Ix-tyrrient it'i ct,irrenc� or certified check ['.'01- the hCjU()1- Iviore or C-t TIC tM o
o
d. el I v C ry 0 f t h. C I i q U, o r t(..) the licensee.
FOI- PLu-poses of" tl-iis s,(.--�Ctioti., PC"AytTlel-It f)Y' CLHTCtIC�r ('.)r certif--m-], check. n-1,(--ty be
wZilved vdien. ( I ) C-i licc-r1see, tr-(,:1,nsC rs (.-m,nership to another entity held in whole or
in n-,ia.joray part by -that twensee, or (2) wfien. C,,t partnershlp (,,,-tdd,s an('..')'1.hcr j..)artner if'
t 1-i e p irtnersl-up entity. rer-11cairts tt,w, S�-:Irrw-I 013) when ari existing, icel'isee
4n
purcl-ia-ises or establishes an(-,.-,)ther licensed pren,iises. tri each ca,se, the 11cellsee
I 11LI-St bC i.n. good. su-:-,tn.dmg. widi th.e IrWLI-StTy tTIC-1-11bel- a:Wld t1le 111(111SO-y 1-nerriber Sh.Z.-I-11
have the discretion to cn.-Cmt (..)r ref"u,se such vvi,dlver ot,payn-lerlt.
zn
o 'Fhe licen,se of, tile Ck.:ISS1 kln(] (-ind- cc,--tteu,-ory then in effect 1"Or the prerrlises
stmll bC SUrrend,ered in, stich 1I.-IC.-Itirler (,-.It Sud'i t11,11C (,".IS the ("(.M.I.-Irrussforl st-i(a.11
dffect.
59
I-L A. temporary license tnay be issued to Z-tn. applicant tor an original license only
upon the tbllowin-g cirCU'unstances:
1. A liquor license must have previOLIsly been in operation for at least one year
prior to the original application.
2. "I'lie application f'(.-)r the original. and/or teniporary licetises ni.ust be filed within.
�A.
45 days of the cancellation or non.renewal. of the previOLIS license.
Where a temporary license is iss-u,ed and the application for an original license is
denied or witl�idrawn, the tei.nporary licensee shall be responsible for filing a final
gross sales report together with. percentage fee dtle for the dLlration that the
teniponc"try license was in of ct.
RULE 4-4 RESERVED.
4-5 RESERVED.
RULE 4-6 CORPORATIONS, PAK-l"NERSHIPS AND LIMITED LIABI.I.A.TY
COMPANIES
A. 1"RANSFER ()F STOCKS OR MEMBERSI-11PIN'.
1, 'In the event of a change of ownership of any OUtStanding capital stock or
itietnbership interest of Ca corporate licensee which WOUI(l restift in the
trC,,ui s C ree thereot.' beconiin.g the owner of 2 5 % or niore of." the O'Lltstati(I'Ing
capital, stock or inetnbership interest,, 'the corporate licensee shall, prior to the
(late cal` sr, transfer, apply F)r and secure the approv,CA of' the transfer from
the Cot-ni-nission, in writing. A stock purchase off."er or similar doctiment shall
be SLib'mitted; -provided, however, that the requirements shall, be waived if the
stock transt"er is between approved t'amily tnernbers., or to a trUSt established in
the mertiber's fic,'tme, or between existing approved stockbolders. If the
C'.0malission finds that tl-.ie proposed transferee (toes not tneet statutory
requiretnents to hold a license in the person's own. right pursuant 'to
Section281-45, 1--lawaii 'Revised Statutes, as amended, 'it shall. not approve
the proposed trans-Cer. If any transfer is inade without the prior approval of -the
Corlin'lission., the (."orn,rn.ission tray in, its discretion revoke Or SUspend the
license -until it detern,iines that the transferee meets the statutory reC.'jUirerTients
to hold a ficense, and if the Commission finds that the trans.1eree does not
meet the statutory requiretnents to hold a license in his own right pursuant to
Section. 281-45, Hawal'*i Revised Statutes, as amended, it inay in its own
discretion revoke or suspend -the license, until a retranst.'er or new transt"er of
the capital stoc k. or iTiernbership interest is made to a person who meets the
statutory requirements to hold a license pursuant to Section 281-45.
2. In the event of any change of ownership of outstanding capital stock less than
a, corporate licensee shall provide notice 01" Such. change to the
department within 90 days of such change.
60
4 1 1 NI N1 13 E R R
f "IC'ER,
,N4 ..x. N M ;ER. A c(-m-por.atc licen-sce sl.,I�rll., wit. -un 1..) () C.L.-I.YS Ct.on.) th.c C.L,.Atc elect
(.)I, Cally oC1iCCr,. director, t'llet-1--lber of" ITIC"Ailt"t 110tif"y the \.v'ritino, of,
the and sh,cfll subti-ilt C"I [)Crs(.)n,(A,l tustory f(.-)ri i-i. 1"or e(,-Acli new
(.111'ect(M" n-lell-lber or �v.hlch shall. Includ-C �"i staten'lel-It [.11St.()ry'
H` ttle t"Inds the oft-Im% (..)r 1"I'lect
t I I c S tc,. I. t. t. I t (..) r. C (I L I 11, C n "I C 1, 1 t ht
Y I S to flold a licerl.se In his CAN111. 1`11
lavva` Revtat. .1ded it may tt-i its d1screti011 T`CV(.-)k.e t.h.e
�8 1 -45� I I I I'sed tes, t,'ls C1,11,11 C1
1ACCIls-C 01" Suspend. thc 11CCIASC L-111til the t-i,i.cm.bcr or Is
1,C11,H)Ved or 1, persoul. w1u..) I'l-lects th.e sti.-Itutol."Y re(JUIren'lents t4...)
L IA"A"11.4 OR WFIJ [DRAWA.I.... OF 1."A.R."UNER. Wh.cre (,-A. hCellse is held by
"C Icellse. 111N)I1 tfle dea-th (..)r
ci parttic',,J'ship, the Con'.11.1-1.iSS1011 11'Kly I. d-le H
t 1.1 d I A., th.e pa.rt-nersli,lp 'to C,,,.u,iv retll�,",Ulltncy pk"triner or
"n
p,Ctrtn.crS WithOUt pUblicattoti ot'notice wid WithOLIA pUblic hecat-111.0
ADAUSSION' ()F" PA.R."FNER. W1 r. e r ( r I.Cel.-I.Se is hel(.. by Ca pt"'.1-11nersh.ip, tfle
i ti (--)l t[ie hCelisc If.", the
Ci d n. i I s s i* o n o f" (,A 1.) A I, t 11 e I" .t ) S h. �.l I 1 11. t C I I S 1. t 1.1 t C C"A t r-C . s 1. e r
IN"Irtnership entity, th.c sariie, provId,ed ttiat the p(,-.1r-t,ner to lie �A-t-iii.tted
shaIl n,ieet the qUallf-tc,'LA1,01AS PLU-SLICUIlt to Section, 2.81.4,S,, I-L-twal"i I-Zevlsed
SU11LItC-S, is C-u'riended, C.m.d. be su,J),ject t() onl..ul.lisston 1L.Ippl'OVIC"11, Or (b) if' th.0
p(artnershij.) et-111tv C1.1c'.11.1c)-cs, the licen.sce bc, S.ubject k')
I-
tZit-if( ,er .4 rsa HCCIISC 1)Ursuc-'1n.t. t(--) Sectlot.l.s 281-51 t(.-) _81-M), [. �mc, u"i Revised,
Su,.:,I,(u.t,eSj as
1). A..DN111SS1()N OR "� 1 r 1,-, 1 1., DRANN-Vi.k.l., (W LA'A/11"FED PARI"NER.. W h c re
licen.se is by C-i Iii-i-ilted, rx,--irtnership, dic ach-i-iiSS1011 01" Vv,1th(JrCmv,,Al. (.A."a,
p "A1111Ct' W101 ci. ')5",-`. sh('.1re or grc,"Iter Shall t,i(-.)t be d,ecn:)e(,1 �,,I, ti-Caj,ist"er of't[w 11cellse
c � � 0 C
t-ick.-I by the Imi-tnerstilp, bUt' ttle licensee sht,-fl.1, Prior to such c,"Idn'ussIO11 Cff
Withdrawal, so tiout' I It'. " 1.-](a 1.1.1 e 0 f, t h e IN, 11, t 11 er
y t h e C (,.) ri-i i-ii- I s s 1 o ri I i-i w ng, s ta,t. It.1 t 1 e I or paruicr.-s who fic,-ive with.drc,-Awn. �.md th.e ru-.urwl� age., pk-wee of"' r-esK.1erice (.,)I` the
j Iners "I'lo ha-ve beeli Cad-ti-utte(-1. It" the Fin.(Js Ca 111'rilted. mrti,icr or
a r t y' reqUiIVtT1-CntS LO 11(fld a licetise 11-1. his ow.f...l rigIlt
pc n.er (-I(--)es not nwet HAC Sto"ItUtOr'
pu,rsuc,--u-it to Secti()n 281-,45, 1-k-Amal"i Revised SUItLft.CS. �'IS CltlIC11CICC1, it, rcv-oke
01' SUspen.d the 11CCIASC of the pCarm.ership U!"Itll the p,-:,irt.ti.er is reti,ioved or repIcaced.
61.
lie - any admission of a
E. GENERA1.4 NOT"IFICA"E'M T10N RQUIRET.."dNILTS, Fot
1)artner or partners in. a. Iii-nited, partnership, challge ni ownership of any
outstandina capital stock- of a corporate licensee which Would result in. the
transferee becoming the owner of A25% or more of such stock, or the election of
any of f."icer or director. the licensee shall, along with the notification reClUired in
this rule, provide the Cortin.i.ission with the name, age, place of residence, and
personal history of such partner, transferee, officer or dii-ect(-.)r on a forill
designated for Such purpose by the Coninlission.
RULX 4-7 R,ENEWALJ.,
A. R.EQU1R,EM,'EN`FS. A.pplication t'or renewal of the liquor license and anflUal
perni..its, except temporary or special licenses, shall be SUbmitted by Julie 15 of
each year and the licensee shall file as part of the renewal application:
L "Flie rninirn.11111 license I.:"L-e as prescribed in Rule 3-3.
2. Tax clearance certit"Ic',C-ite from the State Departtyi.ent of 1 ' 'a,xation or Hawc,'-ii'i
Co-nipli,c'-ince 'Express or copy of eCU an eXted installment agreement with the
State Departni.ent of Taxation or the pa,yinent of delinquent taxes in
if-Istallnients and, where applicable, notice that the applicant f:,or the license
renewal (A'a license is corriplying with t'heinstall,rii.ent plaDagreenient. Notice
of t.c.111-1.1re to Coniply With. the instalti-iient plan agreement, whether received at
renewal or at any t1rn,e, shall be cause to deny the renewal or to place the
license on an inactive status wherein liquors shall not be sold or served
pendin.g notice of couipha-twe to the installi.-neat plan agreement frorn tile State
1.')ep(,--1r-tt.-nent, of'Fa,xation.
3. 'If (,i Private corponc-iti(:m, a list ofstockholders and percentage ot'stock held by
each stockholder.
4. R.eqUests 'fZ)r renewal of entertainment and/or garrie device permits, if
applicable.
5. R..eport of grass revenues cif" licensees to retain. Class 2 restaurant licenses shall
Cover 3 con-ipleted, general excise tax qu,,arters pUrStic,"int to RL11e 3-1-C. In the
event the license has been issued less than. 6 months prior to the filing of the
renewal application, the report shall cover the effective period of the
restaurant license to May 31 of the license year.
6. Li(j.11or liability insurance coverage in an aniount of $ 1,000,000 as set forth in
R.111 I e 4 -' " )a J .
rl,,
B. COND , IONSO
1. If on June 30 the applicant has met of the above -stated requirein.ents except
-for the sub-iiiission. oil' the tax clearance certificate, the applicant shall have up
to and. inClUdIlIg July 31. of the year for which the applicant seeks renewal of
the license in which to present said tax clearance certificate[s]. Stich. applicant
shall not be permitted to sell. liqUor until such time as tile license is renewed.
Failure to I'te tax clearances by July 31 shall make the applica,tion For renewal
of the HqUor license n,UH and void; however, if licensing fees are paid, the
licensee may be placed, on inactive status for a period not to exceed the license
62
"I'"he rcne�v.c'.11. pert -ruts stufll be. coricurrent, with ttw st'.'Itus of", th�."
v C
1W
a r.
a p 1.) 1 *1 CZ. .1 t I' rI. r I. C I'l. C I -I e t. 10 r I I Cell se.
L)u'ect('.)r rriav' 'C.1ppR")%'C ('Ind Is"i'Lle 1.'C1'lCkVa1S of, licerises and pci-rnits sub' Cc t
tO d. I C S L. I b S e CI t I C 11 t. t i 1."i. C t i (.) 11. 1) Y t I IC I. rI 11.11 S S I .)11,
3, Where t,-A ternp(')r�ary h'CC1'1.SC IS ill C1'TCCt dIC licellse the
rCnC%v.'.'..d sh'...C111 be filed 1.)Y. tile trarlst.'er(M",
C
RULE 4-8 REDU'('.""'F1ON (.")R UNC"WEASE IN 1ACEN'SED PRE".A.11SES., No licellsee. shcall
iricrease, reduce or ch(<imye the a-reo'c'.1 of"the preri-11ses w1d.-Iout
zn
I
Applicants at-i itic]"e(Ilse (')I' cha.n�rc 1.11 prert-11ses shc'.1.1.1 subl"I'lit
the of"I"'ice )Cthe 1")CpC'�.1r.tn'ient (")r the
t(.) ether with (,',i description -and sketch ot" the prenlises, C.I. description dle I ri ( c n d. e d
tise am] a c(.-.)Icy of t h c lease or I -Ike dOCA111.1ellt. "I"I'le n i a y (,1ppr.(.wC th.0
111CI,elcise in hurtsed preri-iises', C'.1t Its discret-101,11,
Sect R-)ti.s 28 1-5 1 to (')'0 or Sectu.-)n 28 1-621 1 Revised sultutes" ("As C"Inlende(t
A licellsee ("I NCILICtIOIA in the arca of his pren,iises shc"fll SUbl"I'll"t 'LAI'1 'L'.1pp11C<'.1t1011.'
which fi..,wt-n rnt�.iy b c fix-)n-i th.e (.-)1`[ice ot' the. the
website, c1escribirig the at'C'Cl U'..") bC I'C(hlced, u)gethcr with a sketch showin.l.j- tfi.e t("')
be rc(Juced. "I"tie Director sh.,-.d.1 ipl-m.we tlw l.'CC'j.UCSt su,bject J.() OIC SUbsequent
ratitic(,-:-alon (".)1"thc redUOR-,)n by the ('on)-t-rils, ion.
An (,Appliccation a ten-p-)KI'll'y irwrease in I..)I.Crl.uscs th.0 Sale, Service '(11"Id
C () 11 S L. I I'll 1.) t. I M.1 of, sh�..111 1..)e tiled. with. the I'Cipproved. by the
1,
or su.bject. t(") the ratit'ict,-ttion by the
,C"1pplicatiori sh�dl be 1"'or �.-i one HIC1,C(I'l-se orily, Apphccmion.s slmll be 11n,ilted t�'
ixiore ttian 12) pCr, license yeffl, t"And shall be filed no lktter th('Ari ) \veeks
to the event.
sht111 be oil a prescribed by the Dejx--Artrnerit a,rul sh,C,AI1 include Cr
sketch ot" the C"'irec-t which sh�(-fll. be coil n cc ted. to or to the licellsed
premises Consent to tile ten"iporary 11.1cl"Cal'se byr d--)e landlord or itS Mldlorlzed
119 e
01" Direct(--n- il--ic,--ty set u.') its apprOval, Includlri.g, bu,t n-ot
hrnIte(I to d"ie con.suil-iptlori. arc�l, hours Ot., Operatl()rl, pr(")f)(')Se('I, activities C, I fl. (I
entertainn.-wn.t (which shc,fl.l be in Z'xcordance to the cLtss., kind c:tn.d cc,'itec.fory (A.' license
h.eld). cUld U.1C 111111-12.5 SCCUr1tv pers(.)ntiel. "I"he h(..-)L,us s[lc'..111 not excCed
1.2) : 0 1 d n I g 1.1 t
'Flee Con-II.I.-IISS1.011 01' DIrectol" niav detly arr. application 1`.or iticrec,:isc w[wri
of, h�AVC OCCUITC(I at PI-OVIOUSly approved
111C11'ec"Ases Of' \lk"hen d-ic Dcpartr'ricrit's stcat'I"'., Police De.j.xil"'U.'rient (.")I,
PLIblic indlcc-tte. that th.c site (A" PH)POSed activities rriav be potentKilly to 1.11.e
h C�:I. I t h., S ("A f t Y �t 11. d WC I 1`�A t° C 0 1" t h. C P Ll 1) 11 C.
63
Part V. ("IENE.R.A.I.., PIZOV'I'SIONS'REI..4AI"'IN("01 T0I,.IK'.'.`EN'S.EES
RUILE 5-1 EMPLOYEE RECORDS
A. R.EG"[ST'II..ATI(.YN OF EMPLOYEES. A Class 5, Category 1"'), licensee Who is
authorized to sell (-,Atid serve liqUor for consun,iption, oil the prernises shall not-.
employ any person, including enterta i tiers., who shall be conipe-tisated to sit C,--,ind
entertain patrons in that section of the licensed premises where liquor is sold,
served, or con.SLUned unless that person first presents to the licensee a valid
A -
certificate of registnc--ition with the Departrnent prior to etnployni.ent. Pers(.) n s wh o
apply to t[ie I)ej ' )artnient for registration shall, apply in person and present:
(1) positive ldentificc,,-aion in the forni. of a passport, driver's license or other
laminated governn�i.ent identification with photon -raph; (2) alien registration
clocurnetit if not a,'[J.S. citizen-, and (3) any other inforniation that the Departi-rient
deems pertin.ent.
"I"he t)epartt.,nent nicay for good and SLIfficient reason refuse to register an applicant
for eniptoyt,nent in a, pren-iises licensed for consuniption thereon or suspend or
A
terminate the registration of F an eniployee. ',ach person. registered will be
photographed and issued ati. identil"Ication card which shall be valid f(.-)r a period of
5
r: C-tch en-lployee 11-id not years. Identification. cards will be retained by
SUrrendered to or held by their einployers.
A licensee who erriploys a person wf.io is duly registered, with the Departrnent t'(:)r
eniployt-n-ent iti c,"inotherpret'nises licensed for ('.I.ass 51 ("ategory D, IIILIst notify -the
I)epartt-n.ent in. writing of the einployment of that person prior to the start of
eniptoyrnent. 'I'his notice of einployrrient shall be oil a 6orni prescribed 'by th.e
("'orrimission. and shall i4lClUde the employee's present address, the natUre of work
on the licensed pretnises., the date ernployment shall conitnence and Such other
infort-nath.)II. (,-ts the ('..,,onu-Tiiss,ion niay deem pertinent to the registr�ttion of the
el-Tiployee.
C. RECORDS. A licensee shall maintain records of all persons employed to sell or
serve liquors including records of eniployees or entertainers,who are cornpensated
tI.,t-y D, license. Employee records shall
o sit with patrolIS Under, a lass 5, C,aegoi
include, bUt are not litnited 'to nanie, birth date, Current address, social security
number,, (Ind U.S. residen.ce status. A licensee shall maintain and post Cr daily
schedule of employees on duty. All records shall be readily available for
inspection. Employers slic,-ill be responsible to verify that all such ernployees are
18 years or older.
64
fiostess t(,.--) sit (-in(i enteru:-611 %V[Iosc, t`--ffe b�,--Ised on Con-1v1-1iSSI(,.)nS1,
C. R)n is percel"Itages or s.t-nl -,-Ir n-lethods of P'-1,y1.'1'lC11t U111CSS SUCh C01111MIS"It
"AL.1d"101-IMI by t1I.0 1111111 S S I o n. A h(--)st or hostess sh-,dl. be c(..)n.sIdered at-i
cI-r1.p1(.-)YCC of"tt'le I.m.-C-1111ses .-Ind LINjSt t(,..) on.IP1,1,11e. Othec r-utcs, Icellsee
C( I.,(.
s[IC-ill 1.)c required to 0 )I'll [Ml SC"'l t I (.,) i"i N Is Cad-] W s t. h-(-..-)St-CSS*1
includmg rm..nd (.-)[` sales (,-.fl-" ed-cf-I
CI.111110y'CC UPOT1 WhiCh SLIC11 C0Rlf)e11S,'-At10I1 is leis ed.
1) A R4 IM"Isce . t L., E 5 - PER.S()N IN A.CTIV1,", C1-1-AR-('1'WT 01" PREMISES. a c ll I S1,1'..111
pers(-.)n In �,-Actjvc char(.2 ' C ofthe pre-11-11ses �vtw shall proper SUPCIAIISR)rl 11"I tile
exercise of" tf-w 11cellse III Witll thC lKILI-01- LAWS, �A, PC1-S('.'H1 (It'-dy
approved to serve as a, pers(-)n in Z-lctive ch. carge of . the pren-ilses be ot'i duty at all
t1ITICS Wh.11e the prCil'uscs arc open. bUSIriess, even durin.(" boutrs III wl')IC1.1 hquor
scrvice is riot ot'l.'erc(i. M-) sales 11cluor shot,dd take place wh.ere rm person H'i. �,-A,ctive
I
chLin.-Ye is ot--i dutv t,,-i-nd In the 11m.'i.sed prenilses" except In 1C, iss 1, 3, aInd 8 11cellsed
p r C 1'.1,11 S C. S,
Fo become chible for approval as (,-i, person In. C',ictive ctic,�ircye of' the pren-llses,, tile
licerlsee or the 11,
llseezed rese prenu-it've sfiaapp ll in. writiticy (--mi-it the
ceIs 1-u-m-I
applicant, wtw shal.l. not be less -.2- 1 vecars of' age, (,,.is a j.)ers(-)n to be H.-i. acti've
C1xC,--1-r(--YC of th.0 pret-ilises,. "I"'he C'...1pplical-It stlatl t<-A.ke exa-n,i.ination (--)ti Lail c-1pp1ic(,,-ib1e
laws, I11I.CS reg'Uai ttons (-�--& the Cornmoan -issin d pertrr inent in.1"o-n.c,'ition relatn ,igo tor (,An.d shall be registered on �.-i 1`01111 prescrIbed by ttw ("on,inlisslon. [J p o n.
SUCCCSSI'Lil C, en or) of the exal tile C'..1p.plicat-1-1 stiall [)C ISS'LIC(l, ��) liclu(, - )r ccard
Wtud'i stic,-111. be vc,--did (a 1,-m-lod ofye ' 5 (-irs 1"'I-011-1. t11C dc-Ate 01.LIC, " iSSand st.afl be
1"enewable by everye years.
.A. hquor ccard wfuch is <,.--u-id Issued b.a-11001C.r COU11ty n-I. tile
Sta:-ite sh(,-:dI be hot-iored It"I (hi ( .. .. . .. .. . . OL-MAY, SUbjec"t to ("Al"Id IVI'W-Wal LIP01.1 it's
C X 1.) i r t i (..)•i'l .
01�
i SS I(Al 1,11LIV 1"CVoke or suspen(I thc ex,erclsc of a fiqL101' Ccird f"ol"JUSt UAL-1-SC
UP011. 1.)1r *0penotice �and flearincy there-(-)f t(....) the pCrS(--)n. holding thc liC.I.L101" Card. .1 f <'.-I
suspe.n.si(.-m is (-)rdered, the pers(.-ni. shal.1 not [)c C,,,-,u.,ithonzed to be thc person. it'i Z.-Ictive
di.,:irge tf-ie 1-,)renlises ai.I.d shc,-d] be rec-,J.ulred t(,-) retake the oil. lKju(-)r
pri(."n, to retrISU-Iten'l.ent of tile Cc'.,ird, Nothing h.erein shall prevent sucl-i 1-m-son.
tr(,.n-n p(,-1rucipating In the sale, service or C011SUI-11ptI01.1 (..)f Intoxicating II(I.L101-S. F o I-
j)UJ'j')0SCS Of. thIS SCCt10r'1., JUSt C�AUSC I'TIC"'Ay' i1'1C1.UdC- bUt IS 110t 111"I'lited. t(..") I ) thC 1`C"1I1L-1R-,' tO
provid,e Proper supel-vision. a-,I-nd t() 11C.I.L.101" 1<'-1AVS as by' Ole
J3(--)Co-:trd, and (2)) 011, duty-r
4:�
6 5
jr
KUJI.X 5-3 ANNUAI4 1A.S"VING OF 'PERSONS IN A (`II.AR("E OF PIZENIISES.
AnIllially, within the anniversa,ry rnonth ot'ttie iSSUance of its license, ez-ich licensee
licensed to sell or serve liquor shall. Submit to the Departn-ient the name of every
person. then employed on. the licensed premises who has been appointed and approved
as a. person in active charge of the premises. Any person. previously approved by the
Departnient whose natne does not appear on the list sh.all be considered ter-niin.ated.
The licensee shall be reqUired to subrnit a new let -ter of ,C-ippointment to reinstate said
person as an approved person in active charge or the premises. The Department shall
iSSLie a listing of approved persons in active charge of the prernises which. shall. be
posted within. the ficensed pre-mises readily available 1"6r inspection. '['*'he listing 1-nay
be aryiended troi-n time to tinie.
RULE 5-4 CONDUCT OF 'EMPLOYEES AND PERSONS IN PREMISES LICENSED
'FOR CONSUMPTION 1"HEICE ON.
ik. [,icensees shall be held strictly accountable for the conduct of all empk)yees and
other persons on the licensed premises. 1"or the pUrpose of this rule, any person
who perfornis a service usually or normally done, on or within tile licensed
pren-itses., whether under contract, or commission, registered, or not registered,
compensated or not compensated, is considered to be ail el'yiployee oil duty and
shall be subject to th.i.s rule. An entertainer shall be deenied to be C,ni et.nployee Of
the licensee during d'ie tinie the entertainer is pert"orn-.iing or on. the platfort'n or
stage or in any other area set aside for the performance, J'his definition does not
apply to vendors, tradesmen, n.iatntenance people and the like, who in the normal
COUrse of their ClUtiCS service licensed premises.
4 -1. s w -e or
B. F'tnployees on d,L,ItV', HICtUding persot ho are aUtliorized to sit or dai.ic
otherwise entertain. CLIStorners in a (:'lass 5, Category D, liquor license, shall not
consunie liquor, provided that wine- stewards, 21. years or older I in the normal
COLIrse Of ClUty, shall. be permitted to taste liquors to determine qLIC"Ifity ofprodtict.
No employee in any licensed, pren.i.i.ses shall sit or darice with or otherwise
entertain patrons except as provided by law.
C. No licensee shall encourage or permit any person. on. the licensed premises to
touch., caress or fondle the breasts, buttocks, antis or genitals or to permit behavior
that is offensive to common propriety.
D. No person shall be allowed to wear or use any device or covering, exposed to
view, which sirylukites the breast, genitals, anUS, pubic hair or any portion thereof.
RU1.,X 5-5 PRE'RARATION OFDRINKS.
A. LOCATION. The preparation of all drinks in a premises licensed for
consutyiption 'thereon shall be conducted at a service bar in such a manner as will
permit any interested customer to view the bartender's operation.
66
wid.l. the prior (..)f t[le ri"I. Issi(.) I'll �:l h�.)tcl or- restCtur(AflL wlil-cl -u In all"Is
ISCS 1 11,1
OFIC 01' 11,101V Ser"Vice 1),C-,.us (.)n the 1-mvrri' 1. 11 S UA I I LA S C I'A", 1, c c hct r \v I t t I I c,
11 () C
kitcl-wri prerniscs to �accof`111 L'Ate P,'...Itrotls III the (.111,11110 RXAM
B. Q1.JA.N"1`1`FN..-'-. Any- (h.-ink. �-vhetlwt ,-i strc-tiallt drit'lk or (,--i dnt-lk. cotisistIlIg
kind hquor �I.nd I-nixel" (.,)I, W'C.Iter �vh.ich is Sel"Ved S(..)k1 Sl'u.1.11 110t. less
tIse I`CL.jL.I.CStCC1 h� t1`1C
hZ11-1 011C- 1.11-11d OLITICC )r ItS CCl.L.I1V'C 11.C.n.t f o", h(JU01, Unless othr ew`
pc,--aron fOr less th,C--in- otic fl.uid OUII.Ce Of" h(JU-01'.
4 kl I )f I'CIL-1.01' bv pcat-ons is
R (_J1 E 5-6 S"I'AC"XING ()F' 111QUI(M. "T"he siack'rio- I
I..) I I -I 11) 1 t e. d. "'Stc,--ickltig" is dcl"tned Cas d1c, In Slandc'...1-rd scrv.irl.gs of
dr1C.. wil..I(y I-II.Carls ,-.I dr'.-nk.
n..k-S bet"(,mv a CUston.ier t 11 a('1Y (Ale tim.e. Standcard set
Coll tZ,u n III (.). (1.1st-Illed Spirits url a, cont(ainer n.ot t(.-) exceed H") OUJICCS, 5 OUIICC-S OfkVitle
"S Of t[ICSe "1111OUIT(S shall be
or 1.2 CRUICCS (:)f beer-, provided th(,-1,t a serving h'i eXCCS
lin-lited t(--) (-.)ne Per custorner. A, pitcher r c (-.) n. u-i. i n e f- ru--)t to exceed 1, 00 sfi,�_dl be
served t(--) 2 or rri(.)rc persons C, Irld. J.)CI-Son Sl-l.C,:0l be t(.-..) consun.ie directly
F .1
,on.-i the pitcher or
At kcist call, pitcher service M' "Aily drink exceed]a Single Su...u.l(.k1rC1 Serving sh.all be
1) r (-.) f l.1b i. t c d
S S (I t h C. shall be Of I)L.11-C C11.1-c-111ty.
R tJ 5-7 Q U A t,. r, 1. Q tJ () R. L, i Cl L-1 () I I "ou,111. y
1'")r,aught beer sold or served slmll he 1"reshly drawn. "I"he selling an.d servincy ot.' stal.e
or- slop beer is pro)-libite(-.1. Drat.,ight. beer sh,,C,dl n(-)t [)e sold unless the fc-,,,tucet,
Sptg(.)t� 01" (Attlet the beer is drawn tficre Is ,,.tac,,wlwd cle(� ir �..md legible
notice, placC,---,tr(-.1, (-)I- n--il,r-tr-ker M6ch shi,fl.1 11-1 thC F'Alglkll. I.I.-Oico.1c"Ate a,'KI deck--trtag dIc
nari"ie or brand C,:uh)pted by the t' the (1--t-C-ul-ght beer.
1z (J I -, 1.d, 5 - 8 P RENU S ES - C." (1) ND I "U 1. () N IY
S
A E'N`1`R-A.N'CES. Street entrat"we (.,)r enti--trices t(.") atiy prcrillses hCerlsed to Sell of..
serve liquor 1`01, thercon Shall be kept unlocked while o 1) e n r
bLlSmess. Ftitr(:tnces t(-.) bootlls shall not be enclosed iri any n.IC-Inner, a.nd C,fll parts
ofthe pren-w CS I'TILISt be, well C-ind, lig.1.1ted. So (:ts to pert-l-li.t v1sibill-ty f'or ("'I't
least 10 11"cet to arlyone �vitl.l vIS1011.
B. M "1"0 CER"FAUN 1JNLJ(.TNSE`,-D PREN/11SES. 'No pre-n.Ilses licellsed
to sell licit,ior CORSUIiiption thercon sh.aH be con-n-ecwd with and directly
CACCessible to Ciny urilicensed, mth.out 0.)1--rif-IIISS1,011 �Aj)prov,c--tl.
C. Rif'.IAS"'I."11('.")ON].SloI '111CI-C 111LIst be inst,cdled witti-in "I liccil-se(I pren--il'SCS U1.)OTA "AII.Ch.
I'S COI ABurt Tled,, separate and Ct,decj.u,(,ac restroon'i fal,cilities for rn,(,fles an(:
• f` [TIC"11CS NA-411CIA SfhAll I)ekept in a, sari.itary condition, at all tin1es. "Fhe Con-irrilssion
ri-I.Cay appr(,,.)ve OIC LISC ()f resti-m-m-n. 11icillnes �/td,jacerit t(-.) the licensed Prel Jsesr
67
RULE 5-9 EMPL40YEE REQUIREWFO MAIN"I"'AIN ORDEJR. 4"he (".,'onin-iission 1,11'ay in its
discretion require that an emptoyee be ori duty to rn.ain.tain order ClUring SUCh times
that it dee-n-ts necessary.
RULif"'d 5-10 POSSESSU)N OF,[.,.jIQU'OR LjANN'S ikND 01"HER REQUIRED DOCUMENTS.
A. Every licensee shall have a, copy of die Rules and Regulations of the C"onit-iiissIO11
and C."hapter 281, Hawai6i Revised Statutes, as amended, ztvalla,ble at all times oil
the I.icctised premises. An electronic or digital copy bookmarked, is acceptable.
L.icensees and, ernployees who participate in the sale and service of intoxicating
liqt.tors shall be presurn.ed to know the R.Ules and, Regulations of the Corrin-iission.
and C'.Jia,pter 281, 1 lawal'i Revised Stat'utes, as Cat-yiended.
B. F.,.very licensee shall post signs regarding (F) illegal sales of alcohol to minors;
(2) art,y signs as required by the Conitnission; and (3) any other swYns requircd, by
law.
RULE 5-11 TEMPOIZARY CLOSING OFLICENSED PREMISES.
A. No licensee shall tci,npor,,(,-trfl.y close a licensed pre -miser tor 5 or t'nore conSCUltive
days wit. gout first notifyii-i-g the Dep<'Irtni.ent in writing of the intention to do so,
th.e a.pproxiniCite period that such premises shall. be so closed and the reason, if
any, For such actioll.
B. "Fer-n.porary closing of licensed prenitses niay be ordcrcd by the (,".'otTinlission or
.0
the Director (,-:1t the request of the Police F.) e parttn.e tit and/or in any emergency as
deenied necessary for th.e protection of It fe and -property For a period not to excecd,
48 11OUrs.
R U Lj E 5-1.2 SURREN''DER OF LiK"14"NSE UPON' REVOCA"IJON' OR C'LX)S.1N'C1` OF
BUS
,
Irl,l The holder of a license ITILISt unniediately surrender the NESS, INAC VEO
license to the Depailtnellt LIPOri revocation thereol', or within 5 days after closing the
business if it be otherwise discontinued in accordai- ice with the procedUres established
by the Department.
A. I.IqLIOI' license may be placed, on inactive status whi.ch will cause the temporary
cessation o-f the sale, service and/or consumption of intoxicating liquors and shall
only be applicable if the licensee retains possession and control of the premises, oi- if
the licensee loses possession cif the premises andirnmediately -files an application for
a change of location.
The licensee shall submit a written request to the C I , I ominission, and -upon C.".onitnission
approval, shall surrender its license to the Departinent t1or safekeeping and be Subject
to closing procedu,res. An inactive license may be renewed only if the licensee
niaintains possession. and control cif the premises.
The I.i.censee shall. notify the Department of the reactivation of such license and niay
be subject to final inspection pursuant to Rule 4-2-L
68
Z J L., 11"41 5 13 A DN .0
A. C'"IdVelliselTlel"Its, POsters Sicyns are permitted 111
r b(-na the hcct-ise(] t C 1CCIASCC. dlrectly oi-
I
IndirectIv, pet"I'llit n-uslec'..1,ding or deceptive C, ldvertising or th(,.At. is lew'(:;.1.
(.')I' (.,A)SCene or, or advertisillO WhIch tCS the exceSSI'Ve
Z7
U
C(")11.SL11TIpt1OT1 (A' hcl.t,i,(-..,)rs. siz(�.Ypls Slic-t-11 C(..)nf"6r-nA with tl--I.e st,_,n ordim"in.ces oC the
le riuht t( or den.y any
Of" I "I"he (","011111-lissioll 1'e-Sel"Ves d
()r cadvertisci..] lerit Sc"fie r...1--le 11-I rela,tiol.-I t I q t. I o r S
It shall. bC LH`I1C`:M,A,`uI I'k--,)r any person C,,"ict,1119 'C"Is kl`,1�(51ellt or. represcritcative (.)fa.
non,resident princip�al or f'or any h.censee directly or indirectly, (.)r through. C-uny
give C 01- Othel,
Subsidial"'N' (M, (,-At , Iny' "filiate, t(.PI�CIT'IiUITA C)I- fi`CC (WOCIS Of liqU01.
rn.erch.w.'IdIse in con.nection with Ole s<,de of a,n,y hqi,ior to gi%!.'C f'-An.y pren-mll"I'l Or
f."r C e g 0 o d S (..) f I i q I 10 r I t'l c 0 11. 11 C C t 10 11 w 1 t h. t h e s a I c o f" o t h e r nl e rc 1-1 a i I d I S C.
B. LIQUOR STORAGE. Storcroon-is or oth.er arec",is LISCd for the storage. of hqLUM'
H. pren-i'ses sh,--dl rece've the Prior app . I of the [)ircctor. [XII-Ing
in retat 1 1,0 v 11.
c k s I g i.I. s h a I I b
probibited hOUr(�")f S Scale, ut-dess the i lquor to , i scks k.ept Ul1dC1(..` 1
C011SIMUOLISIV POSt-CCI C".1t C('A.Ch hq.uor sales a,i--e(,.1 to ive lu.'MCC ot", the per-1-I'lit-ted.
a, 9
hours Ot' SAC at-ld COIISLII.l.iption C,.tt the licensed p-i-einises.
R I.J 1...; E .15 - 1. 4 "11 R A'D E N A M E S L[ NiX. I A" I 10 R1Z E ) U S F]O A. new or tnanst"cl-red liccll.,',,`�e SI.IC,..11I
)
hm,,e C"'I trade �v[llch ShC-111 F)c registered Nvith Depar-u"i"writ p(C
nor- ... ItS Use.
Wlwn.ever a, 11ce.1.1see C11,C I.n.(:)-es Cal. -I existii"icj tr*Ci,(.1C the 1I.Censee StIc'.1.11 register t1le
zn zn
ilew trade ria,nic wlth the [1) c p,a rt 1"n C I'l t and pay C"..1 fee ot'S25.00 to the L)ep�u-tinent P1,H 1,
to its use b-v the licensee. "I"I'le use of" wiv t.-rade n,,C-une which is K1entica1 to or so
(is to be Cord"used. with atu".)ther tra-de registered �vlth. the is
p r (,,.) h 11.) 1 t e d.
Aa 1 C. - n d -i cases where
-1 Statutes Cis u r s n t. t (--) S e c t i o n 2 8 1 - 9 7, 1— Ica 1 1. R. e v 1 s e
Ice'llsee 1 1,1(' 1�( S
Z I hcei'i,se is revoked, can -celled, ()r not renewed, the h C 1. 1 1. 1.--1 t X. I CZ.1 t. 111. g
ill," . a p I-,) r ov a .1C
ficluors ttlen ii-I their possession u,pon " ittel.l. I �,,uiu conditiolls SCA b�/ tt
C."ol.-III-1.1ission, UF11CSS under ttds (,"I'A'C"Apter the Sc'..1-1.1 le, are seized (--)r
-Y
(..,h.1 the d'(1y of C1(.,.)S1r1g, t[le 11CICIASee Shl'�All C( MKILICt '111 111VCnt(..)1 n d
Hu.-hu.-Ite Its vC11L.1C (111-d subi-rut a copy, to 1-he [)e Stored
tinti.1 su-Ch. tit-ne �::Is aj.)proval t 1 w is gn-Inted. "'I"he Sc'-fle
shall be hill.ited, to PRALICtS M. their orf.glri-a] p(wkage and, sh�::,dl be sold orily oil tile
specit'-w date(s) aL111101-1zed 'by the Director. St.ich liqUors rn('t,y be sold to a retc-til
1.1 c C 11 S e C..
Ii-i C,-ul aj)phcation for (a transt"er of hqLKA- IiCeIASC, the trans f'eror i'nay sell, its liCIL101
inventory to the trcarist.'eree, upon. w,ritten appliccatiori and approvC,:iI fr(-.,)n"i an.d U-P011
the c(-1)ndIt1C)t1s set-, bly the ("ornmissi.on. A. PUrchase agreeril.ent f.')r the HqUors shcall
69
be SUbtnitted to the [)epartrnent C,tnd shall tncli.tcfe the inventory, its valLIC, "C"Ind the
purchase price of the inventory.
C. Transfer of liquor between related entities may be allowed upon approval by the
("on,inlission with an application to tr-ansfer fiquor between. related licensees.
R.'UI_jE 5-1.6 "FRADE P.R.A.C11GES.
ik. MSCOUN rl,,S Retail licensees shall be permitted to offer coupons or discounts
on 11 C I
I.L101- or nierctlai-idise in connection with the sale of liqUO]r Or merchand*se.
B. QUik.NJ J.r "Y D1SC(.')UNJ'S. Ind'LlStry'nienibers shall apply qLUCTIltity discounts to
a retail licensee only oil a, single order/purchase.
C. C () M BINA rl,,, ION PACKAGES. fridtlStry niernbers may package an.d distribute
liquors in con,ibination with Other nonalcoholic iten-is. For purposes of this
sectio-n., conibination pack,a(.,Y-)es sold by the industry rnember shall reflect cost of
tile liquor and the f`a1r market value of al.l.n.onatcoholic items.
An in.dLIstry nwtnber niay C,--issernble specialty packages specilic to a retailer to
M,CIUCIC 1101.1"(11C011011c Itertis t"I'Lirnislied by the retailer in which cc -Ise the industry
ber shall n.1.ai-n.tC,-tin a record of iterns ffirnished by tile retailer, assess nort-n(,-:11.
t-i..ieti,i, L
assen,ibly- charges and the cost. of the nonalcoholic items shc,--fll. not be included in
the invoice of that conibination package. 1"he retailer shall. be responsible to
enSLU.-C that all cost of itetns in th.e con-ibitlation pC"Ick.flige are reflected it'i. the sales
price to CLIstorners.
1"). CONSUMER PROMOIJONS.
L Ind-ttstry members may fl.wnish co-tisu-nier cotipons which are redectilable at a
retail establishrrient. An indUstry member may not reimburse a, retailer for
tiiore than the face value of all coupons redeemed, plus a usual and customary
handling fee for the redemption of coupons. Payments for the redemption of
COLIP011S shall be made (firectly to the retail licensee to redu,ce the cost of sales.
The cou,pons shall not specify a particular retailer or grOU1.) of retailers where
SL1,Cll coupons can be redeenied.
D'rect offerings via contest prizes, premium offers, refittrids, and the like may
be offered by inclustry members or retail licensees directly to consumers. The
direct off ring shall be to perso.tls 21 years or older and shalt not require proof
Of purclix-tse of a liqttor product in order to participate in the offlering. J"he
industry member shall provide SUffiCient entry forms and the retailer shall
ensure that entry forills are available or that instructions to obtain additional
entry:forms are conspiCLIOUSly posted.
For purposes of this section items ofnoon in.al. value w'.)t to exceed $10.00 may
be included in in -pack promotions, Offers in which entry horns are contained
1H
it -I. - pack sh,-I..,-d.I [)c kklhell Critry C(.)IIIIS J-11SU'LICAM)VIS LO Obullll
oi,--i. pren-11SCS.
t 1.) C, .or S
..),I C 1-1.11) C r S 1. ti. C I 1� 1. (1111 i"T S () h I I t
S"F(`)(..K� R0 ATE, 11"RICIN(". f 11 d U. I
(AUth01`*ZC(J tO O.-Y11(h..Ict Im.-I-S'ne's's in th's 0 t 11.1 t. V -.1 f-1). X -I..) r I' C C S
I I I -, ITI(Ily, StOck, d
I'(.) Pf"(")(Iticts they sell ,.uld She lt., Pl"Alls (')I' Scheri.,-ic-itics. Ind,ustr.y riien---ibers
'S I 11 I I �:.) t t �A I t C Y (..') I' (I I S tA I t.- [) 1) 1`() d t. I (", t. S (.) C o t I -I C r I n d u S t r V 1.1.-10 ri 1. b e, r S � (I II d (2 ) re CA 1"T, (111 g C
a I'CSct (":III (:)r 1-mrt oCC-i St'01-C Or IKILH..)r depar-w-wilA,
.4 N reuctil hCellsee -mll Sol'C'
R14'?"FAII., I.A(.1ENSEE Sl r
accept, elther directly or Indirectly, a Of." t"I"Ce (W..)(.)0dS (.4' �"IIIY' [1`011 1
except is ("ALIth(HIZed by Ltkv.
�.fl`l ifIdUSU"Y [TICIIII)CrI
G. RE"FAIL, [ACENSEE EXEMI"I'TIONS. 'No retc-id. IICCIISCC
sh<,,-dI solicit. the perl'orrmance of: serviccs CXCCI)t C'As <,,.,mthorIzcd by Stcate C.'ouray
hCj.LI(".)I` L'AAk's, art ar d'IC II-IleS, J`CgUJ.C'AtI()].lS �111(] (,Ieclslons of" th.c Alcoh(....fl and. `Fob (,:ICC()
1: t.,i,re4:tu of"the [Jn.ited Stzites'"I"recastr. ry
A A I.K.-luor h
I., E 5 - 17 L I C E N'S E S. S LJ S P E N D E 1.) 0 R I N'A (" Icellsee Wtl,ose licerise tias
bcen, suspen-ded sti.all post f'(.-)r tl--ic durathm-i of the suspcil-sR-)ri ill C1,141 L"Aret"::1 visible to tfw
g e I'l C I•CI 11.) L. i b I I. C Ca ri. (..) t I CC t h. C S t I S 1.•) C ri s i ("'.) r-i and d t 1--i. e ck,--i. te S () I." th e S L I S 1.) C rI d C (I t e 1" 1 11 LI 1� i 110'
the. SLISJVI'ISiC)II dIC licel'Isee S1,tc"..11.1 be I.m..01-11bited t"rourl Selling, Scry 1.11.0 ("K 1"urflishing
11CILI(M-S tO patron.s. 'I'lle 11cellsee ShAll bC SUb ' ject to COITIP11c"11I.Ce W 11CI.L.I.01' LIAVS. "I'll-C
licerlsee 111�,.Iy allow, patron.s to bring 1n. their o�vti liCIL101"S J."(V C01"ISLIII.I.J.')6011. UP011
Mt PCIII1,11t, :.'Ind d.l.c licensee Stiall tv I.m.-I-Illacd
PART' N(T PROUHRI"FIONS
X� L I Q LI OR S I I A I, I_, NN 0 `F B E S A,I) OR H.JRNISIIED. /.\..t HITIC Under' an.y
CIITUI.Tistwices shall �.tti v licen,see or it's eriipJ(-_).vee pem-,iit the possessR."M,
corisumptim... scale or ot'ariy hq.uor to
A riypt-s(--,)n at the ti-ITIC U.nd('n- the IlItILICIICC ()f hquor. , e
Any pet -son k.n.owti t(,--) the licensee to be addicted to the excess1k."C Use ot'
A.tr-sot r 011SITIPt-I0 1 III A-1ll1'Cle-lich I'S ICensed. tc) u C1. o n.
P u b I is h. i cy 1-i \,-v ay s
In
5. Axiy person '21 years (and older when. t[iere I'S I'eC'ASon.(,--IbIe c(,--Ai.isc t-0 bCII.CVC thc"At
SLICII person is pe-r-ri-IMIn9 uly 1,1111.1or t0 C011SLIMe Of.' LP'S'e axi.v hquor.
71.
L No licensee whose premises are open For busmess to tlie (Yeneral. public stu.--ill
refuse, withhold from., or deny to any person, the full and equal en�joym.ent of
any of.' the licensee's acconimodations., advantages, ftacilittes,. goods,
privileges, or services on the basis of that person's race, religion, sex, or
ancestry.
2. 1,"or purposes of this rule, any licensee that caters, sells, extends., offers, or
otherwise makes available to the general public its <-iccommodations,
C ,U. d.l.
lva.ntages, facilities, goods, privileges, or services, tor a -f 'ec or charge sh,(,,
be (leer-ned to be open 1.`or btlSitiess to the general, PUblic.
3. J"his rule shall not apply to clubs which are not in fact open to the general
public except to the extent that. the accom-tnodations, advantages,, facilities.,
goods, privileges, or services of the club are made available to the general
Public.
4. Nothing iti, this rL11C-- Shall be construed or interpreted to prohibit a licensee
fi-orn the right to deny service to any person for Catture to cont'orryi to the LISual
and regUlar requirements, standards, and regulations for the licensed premises
so long as said denial., reqt,itrernents, standards, and I-CgUlations are uni't"ormly
applied to all. persons Wit.110LIt 'regard to race, religion, sex. or ancestry.
-IE INF'LUENCT OF
C D1S()R.DERL,Y PERSONS; PERSONS UNDER "I"'I
LIQUOR. No licensee shall.:
I Knowingly pern--iit any person tuider the 1111.111CIlCe of liquor or d1s(-.)rderly
person to be or retnain on the licensed pretnises.
[`,ail to timely prevent or sti-J)press any violent, quarrelson-ic, disorderly, le\,V,d
or Lin.lawful condUCt ofan.y person on the preti.ii.ses.
'D. MINORS IN LACTNSED PRENJISES. A nutiors eniployment, entry and
participation, in �activi-t,ies in. z-,i licensed pretnises, shall be in accordance with
iit and as foltows:
RUle3-2-D-12 1'ec.nE.'�rentPern ,
1. M[NOREMPLOY TES. Minor employees, ages .18 to 20, may be permitted
to Sell liClUors Under proper Supervision provided by a person in active charge
of the premises. Minor eniployees, ages 20 and Under, tray be -in possession
of liquors in a licensed premises when the minor is employed by the licensee
and, whose duties include the handling of liquors such as warehousing,
stocking, pricing, 'bagging, or bussing.
2. MINOR PATRON IN RETAIL DEALER'S PREMISES. A minor pC,-1tron
in Ca retail dealer's establishme-nt ray assist the adult t"amily m.ernber or Ca
physically challenged person in the transport of such HqUors in a shopping
cart or to a vehicle.
NN
sh-di be perrn'tted t(") en.ter aH CLISSCS of" I Icellses r t tl C
3. D I N UN(" A. I Inoi C, I C
pur,P)se (.4'(1111ing (.)nly. "Awn. the areZt is the prin-lary serv.ice are".).
W I 1 -1 -( )t -I C(..) rnp let'. ot-1. ot,
here fl--lc prep(-..-)ndcr.,:u-icc ot"' sales "s clet'veo -n. f�m 1. t 11)01 1
d,livincx-., sc,-,tid ri-i-inor(s) shall le,�,tvc thc prey-I'lises.
"I'l-le h(..)k1Cr ot, a (_'k-Ass 5, (`�ttegory- (..' (:)r (..,)t, Zr ("L.-Iss I I
11cen.sce Shall not I...)e Per-1.1-11tted to erltcrt,�,6111 ncult
CICt I V I t CS (111.1111g C"fil-11110' 110UI'S.
I-
1171
k,hnors shall be prohibited entertng (A pren'llses when ser-vice
is t(,,.) the bar (.1icrat-1011, ICAS evidenced, by a PLIfILI arid/or light
ri"ieriti (.)I- ttic Like
N411101's, W11en by -I
4. N( 0 C
P 1C C .1 to *nto Ck.-Isses of",
trent, or ,id,ult ')I Ycars older, sl'i-i-11 be j:-,)crni1tte(, I
I
licet1ses C"ILA1101"IMI tO have live entertaini-l'ient or only du,ring ni'lles
when. II*V'C or &'i-ncing is (.,fl`t.'ercd except (,,i prernises hold-ina
('..`1.z,-1ss 5, C'Citeg(-..-)ry C--.u-idA.)r D Minors 1.6 ye,,�,irs ol" <,-icy-e older
sh4.dl be pern-iitted to dance. I tie 1).,-Arerit or slic,ill. [)e responsible t"C)r the
rninor ClUring the entire st(1' 111',C)VIded th(.1t the licensee rn'C'..Iy exercise its rlc),ht, to
reniove the rnlrior(s) it" d-acre IS CCEAUSC U.) believe thc,.it sa,ld adult Is riot
11. C I Cr -s,, 11.1c
resf.)ons fle 1.')r the nunor(s) in.d. 'Ct,i,o ictlot-i is taken to reiri( )ve the rnim n
11cel"Isee S1 Icall be 1.1eld. In,
" .4. -tel. iccrts hat if' hqL1(...K
5. Min.ors C,-ire 1-m-n.-litted to at -I. d C o I- C C C P t t.
service is PI.-ovid-ed, ttle licel"Isch,cill. c�,.iuse �ffl cadLlk C1CS1tTI`lg licIt.,ior ser--vvi.ce to
be clec,,trly identit"ied.
6. ("'NAMES. I'll. a. preryllses H.Censed 1.'(n. Consul-T-1ption. thereon., a. shall be
j.-)n-.)h1bHed, fi-orri C1111Y (("'.1 tile. of, 9c,".11.110 (Je-vice s 1.11 fareca. (.1-CsIgriated
prit'nary liqw-m, servi.ce arA (.-)tt1w prernises. N1i1`h')I`S be I.w.r.1.1.1 itted t(..) PL.-ty
ga-n-ics in a r e t a l l c1nfer's licensed prerinscs.
7. CON"ITS"I'S. A n,ilnor stiall be prohibited fi-orn enterm()- or participating 11.1
u,ni tests of, tournc,''Irnents ()r the 11.1k.e, excej.--)t that a rn<,-,ty part icipC,,-:itc III
golt' bowll'I'lcy
. t'117, o r t e ri ri 1. S t("') L-1111 <'A 111 C. 1.1 t S.
Arl on.-PI-C.I.-I'lisc�S licensee stiall ttie F)ireclor o r
0 1,Y1 I'll I S S i 11 for. .)ther g'-:11--nes or Contests to wh*ch r'n.im-m's n-mv be ctske(] t
I..)Ca rt I C I P a t C.
8. 1) RJ VA T E (, Al" UIE R I N #'SM A. preri.-i.1ses whid'i 1-costs a, pr-ivate gather..I.ng to
which t1w public does not t,--wcess n--iay pernilt 1"rill"101, gUests (-fl:` C-1,11 ages u-)
in dance, soll,g 'C.-Ind
A. No rninor sh,,111 he per-t-i-Otted t(--) be In tf-te desicyn.".1te(.11. "is th-C Pri.111("Iry
�n
Service CCA 11[11011.ly knovn- as tlie h(,--1r or lou,nci-e aret, I.
11) e P C r ri'l i t t, e d t o S I t a t a t'i y ka r r c t, i. n t. c, r.
B 'N o ni 111. 0 1' C.I. t a 11 Y t, 111 C, S I C
jyj,, 4 't t."e,'ifly allowed
'110ES- EXCE [ON . I .-"
Acept as speci
E. BU'SINESS PRAC It
peddlincy in any sen,sc is strictly proh11,.iIte(--.L Bct`()J`C I-C1'T1.0Vjrlg 1I'01-11
licensed, preriiises deliNCt*y' to ("A CLIStOl"I"Iff Llrid,er '.i, S or wholesale
or retc61 de(,,-AJer's license, the licensee n,iu,st have recewed, ca f."'ide and specifilc
( �)j .0 (ftfl�r IiCetl-SCd W1101eS(,,A1c de,,Alers rnay, �..vith.out
. -der theref.' re. Provided, however,
a bona fide an(] spccif.�k order th.eref'ore, ren-love beer- fi-orn the licensed prernises
73
to delivery vehicles I.'(.-)r the 1.)Ltrpose of sellIng said beer directly to persons who
tray lawfully sell liquors at retail In their original packages or dispense liquor for
con.SLIMPtion on. the pre-nilses. A licensee of a.ny premises licensed to sell liquor
for COnStinlption on the pre-ni-ises or (,,iny employee of such premises shall not be
per-tnitted to solicit, business frotri any other licensed premises or Eroni any person
directly outside of the prey lises connected -therewith. No licensee shall ernploy
any person l'or t.h.e Purpose of selling or serving HqUor to patrons whose sole
SOUrce of earnings is based on payments for such service on the basis of ally
comi,nission, percentage or similar methods of payment. Additionally, the
("orni-n.ission reserves the right to review and, approve any plan or arrangements
involving any c()-n-itilissioll, percentaue or sitnilar rnethods of pay-nient.
Ln
RULE 6-2 DRIVE-IN RETAII..., S,ALjES PERMITTED, The drive-in method whereby the
customer orders from a motor vehicle and the licensee delivers liquor to the vehicle is
pertriitted. There, shall. be a person in active charge of the premises supervisin�k-11,Y the
drive-in/drive-tip sales. Nothing in this rUIC shall be constr-tted, to prohibit assistance
to any person wtio is physically unable to walk, lift and/or carry purchases of liq'Llor
because of a, disability.
RU L E 6-3 PRAt".1"ICES TO PRO Mor rE CONS I,j'Mprl ION OF LIQUOR,* PRO 1-11.131.1"E't).
I
No person liceti.sed to sell. fiCIL101- t"Or C011SLITTIption on. the preinises shall:
.A. EncOUnEige or permit, on the licensed prernises, any game or contest which
involves the C0.11SLU'llpti011 Of liquor or the awarding of liquor as a prize.
A. NOISE PROMBITED. No licensee within the C"ounty, including licensed,
-vessels operating within 3 miles of shore of the County, shall make, C<Mlse the
1,11 Atti, g o f o niake, stil."fer or perinit any reproducible noise oi- noise
or continue t
t"roin patrons froni. the licensed pretiltses or any adjacent, preintses Linder the
licensee's control which results in a coniphaint t.rot-n residents in the vicinity and
exceeds the niaxiniurn permissible soUnd levels as set, forth in this section.
rfi I
w 6. P N/. :f --I C a 1.1 t I I. C rl -I C'.1 x 1111 U 1,11 r..) C n ]-i I S S I b I C S t. I r] d. 1. C -.v e
1, S 1S 11 � C.-I I I --I
rrw:,ins the t()t�n1ity ol' sourlds (..)f L'A g 1. V C Il C C a n d -t 1. 111. C " I'l. (.,) t
triclu(J.111t.-Y the specit"IC m.nit-CC 111 C,C--As tired. '11-i.e FlOisc level rru.:tv be
Cstirn("Ited, Cron.-) the S(..A.111d I.CV'CIS t1.1C�".1SL11'Cd (-.4"the 11C)ISC. S()U1*CC
or by s()und levels rnec,isured <,-it one (-,)r rn( )re P(..)11,lts tile IN) 1. 1 t 0 t"I I CC`1 S L-1 I." C I Y1 C 11 t
I
wherc the lui .,)ise source s ina,11dib1c.
Z ("N""S`14 R.C, I.I.,S ". (.:
(-fistr`
Z:� 11 1 ICIts
1(,1ss A"' wlilch iT.ACILIde C".111 arec,--is equivc,flent tO C""OL111ty ]an(Js z(--)ned conscry'atIO11,
1'esidential or S111,11lar.
a L, (., 1. a. S S 13 WIlih C. itICILRIC C"All Careas CCj.L11V�`A1C1'1t M (-'.'0Un-ty 1�AIACJS Z()Iled �ipartr-nent,
busin.ess, C OR 11"IeN 1-lotel" resort or sltnlk'tr.
-CIC-Iss C'" sticall lnck.ide all C,ircas CC'JLH�c lei -it. to ounty k"Irids zoned a,,1r*CL11tL11T,
H'ldUS'(Ti("d or siti-illar.
F,
- or, "i n ne(]., the con1p�:,trable tate I.
-in(J I.Jsc
C. y imc'i not zone(.1 or Interin.') o
ch,-issit-icc-alon shall (yply.
Nc s( )t..itul levels in (11"'I.A. stwll bc:
1'),, N 0 IS 1" L., Ed' V E I is. pet'4111ssl C
7: 0 0 rn � t (:-) 10 : 0 0 J..) r.n " 1. 0: 0 () 1), n.-i. t (.--) T (Y)
('...'t.,AS S A 5 5 45
C' L A S S 60 50
I')A1.0 -N _4A.)/F Xj" $Sd " Iwre shall 1.)e -i I I.ofthi
s
SCCt,i(..)n if the I'lolse lev.cls exceed the ble N/1'PS1 C 0 rn b i n e d t t �,i 1.
10-111111M.C. pe.m.A.I. ari.d vvhich n:lec-isurcrnent st-mll, be at r
10 o r r n, o r e o f (a j."i y
wlth.iri the property lines ofthe corriptz,-uncant.
or 1.) u rj..) 0 S C S 0 1"' t I I I S S C c t 10 11 %V h e r e ri.-i 1. x. e (-.1 z o n, I n. d 1 s t r I C t S n t,.Ises C.x,.Ist, the lowcSt
Mti is PCH111tted. in a
4.)SI"', sh. 11. i t'.�-:,.pj.fly. As an ex�tri,lplc, where resictentia. SC
con"in"iercKC-Al d1stri(,.-,t, th.c noise level f."or rosldellti'cll USC Sh�Llll C"l.pply.
S11A.1 n(-..-)rtl-iaIly n(--)t be usc(l t'C.)r enf`(---)rccriiCt1t L-1111CSS th.0 1U.)iSC 1C\/C1
at "I p()hAt OF is 0--ian 3 decibels grec,--ttcr tt-)Ziti the oi,
tx-wkground n(,.)1sc level,
75
F. V10'LATU)N'S, V'. E 1k, SOSI; '41' -4s IN "TRAN'SY11. 'Vessels in. transit, shall be exet'llpt
f'rorn zoning and MP starick1rds as provided in this section.. Any repr()dL1Cible
noise or noise ermAnating frorn patrons on board or disembarking the vessel, which,
is audible and disturbing to the neighborhood shall be a violation.
G. XUTHORITY T(.) AMEND NOISE LEN/'ELS. The ("off imiss-io.n shcall be
aUthorized to set a lower'M.PSL I-"(,)r a licenSC Upon findings that the location ofthe
licensed premises and the U1111sual nature of the existing or proposed uses
S UITO Uti.ding the premises are such that a standard MPSL are inStIfficient to permit
reasonable conduct of the existing or proposex.1 -uses including, but not limited to,
h(--)spitals, nursitig hotnes or heal-th care I..'acilities, and that withOUt SLICII 10Wer
MPSLI th,e license application or renewal. will. rnore likely than not be denied.
A a.
Where such action is proposed by the Commission, notice of hearing shall be
provided, to the licensee or the applic,,C-int for the license pursLian.t to C"hapter 91,
I lawai 61 Revised Statutes, cis Ci'mended 7 and such, notice shall be published at least
once in ct paper of general. circulatiot.-i in. the district in which the establishmen.t, is
located.
11. AU4110RI . . I INUti3OSE ("'(WRI"11ONS. 1"he Conimission. may impose
conditiotis to pr('Yvide corrective 111ec'"ISUres on the ]iCCIISCC, inClUd.ing
soundprool"ing, and on. any perrnits related, to the ficetise, the ("onimission may
ptirSUC,(Action pursuant to Section 281-61, Hawt mi'i'Revised Stattites, as amended.
PART V111. SU,"YE'RABILITY
R U'L E 7 S E V E RAB.114 I 'FY - ft' arty provision of these Rules and, Regulations or the
applic(,,ttion thereof to any person or circumstances is field invalid by a court of
competent jurisdiction, such invalidity shall not- c,"tt"I'ect other provisions or application
of the Rules and Regulations which, cc-,-m 'be given effect without the invalid provision
or applica,t4mi, zind, to this end, the provisions of these Rules and RegUlatiotis are
declared, to be severable.
Rc-tted.- f-111o, Hawai` t, January 14, 2025
LIQUOR COMPOIS SION' OF 1111�d
DEPARTMENTOF LIQLTOR CONTROLI
C"OU"N'TY OF 11AWAI'1, STATE OF
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77
I
RULES AND REGULATIONS
OF THE LIQUOR CONTROL ADJUDICATION BOARD
DEPARTMENT OF LIQUOR CONTROL
COUNTY OF RAWAI 1 1
RULE
PAGE
1 '$ 1
Authori ty
1,2
Definitions. 11
1,3
Jurisdiction and
1,4
Construction of
115
Limitation,of
1,6
1,7
1.8
Notice,
1 9
Rehearing 6
1 10
S t ipul at ion . 6
1111
Offer to
I a 12
8
2,1 Methods Whereby the Public May Obtain Information....9
2.2 Adoption, Amendment or Repeal of Rules..............10
2,3 Declaratory Ruling by Board, . 0 0 if 0 0 0 0. 0 0 A of 6 0 0 -0 0 Ph o o o o * * 12
3.1
Effective August 18, 2006 1
0
MAP
Rule 1.1 AUTHORITY Pursuant to and by virtue of the
authority set forth in Chapter 281 and Chapter 91 of
the Hawaili Revised Statutes and Article VII, Chapter
3 and Section 13-7 of the Charter of the County of
Hawaili, the Liquor Control Adjudication Board,
hereafter referred to as "Board", of the Department of
Liquor Control of the County of Hawaili, State of
Haws. ili,, adopts these Rules and Regulations governing
practices and procedures relating to the Board.
Rule 1.2 DEFINITIONS, Words used in these Rules and
Regulations in the singular, include the plural,, and
vice versa; words of any gender include any other
gender-, words defined in Chapter 281 of the Hawal"i
Revised Statutes shall have the same meaning wherever
used herein.
Rule 1.3 JURISDICTION AND POWERSo The Board shall hear and
determine all complaints regarding alleged violations
of the liquor control laws of the State, or complaints
regarding alleged violation of Rules and Regulations
established by the Liquor Commission and revoke or �
suspend any license or impose such penalties as may be
provided by law upon finding violation thereof.
Each member of the Board shall have the power
respecting the administration of oaths, compelling the
attendance of witnesses, the production of documentary
e 'dence and examining the witnesses as are possessed
vi
by a circuit court judge at chambers.
The exercise by the Board of the power, authority and
discretion in it so vested shall be final in each case
and shall not be reviewed or appealed to any court
or tribunal, except as otherwise provided in Chapter
281 or Chapter 91 of the Haw aili Revised Statutes.
Rule 1,4 CONSTRUCTION OF RULES. The rules shall be liberally
or
construed to secure the just,, speedy and inexpensive
determination of every proceeding.
Rule 1.5 LIMITATION OF JURISDICTION The jurisdiction of the
Board is limited to those matters covered under the
provisions of Chapters 91,, 92 and 281 of the Hawaili
Effective August 18, 2006
0
0
Revised Statutes, the Charter of the County of
Hawaili, the Rules and Regulations of the Liquor
Commission of the County of Hawai i and the Rules and
-1cation, Board,
CountL.2L.Hawai .1i
Such announcements shall be broadcast twenty-four
hours in advance of such meeting and shall be
programmed to be heard between the hours of 7:00 a.m.
to 50000 P.M@
Notice of such special meeting shall, also be Nei on
the bulletin board of the Hawaill' County building,
Effective August 18, 2006
Rule 1,7 VOTING, Except as otherwise provided by law, all
Rule 1. 8 NOTICE, HEARINNS o Except as otherwise provided by
law, in any proceeding involving the revocation or
suspension of a license or other disciplinary action
by the Board, which by law is required to be
determined after an opportunity for a hearing, the
following shall apply:
The date.. time and nature of the
hearing,
2, The legal authority under which the
hearing is held,
3, The particular section(s) of statute or
rule involved or specific description
of the action before the Board
b. NOTICE* ADJUDICATIONS* Except as otherwise
provided by law, in any proceeding involving
suspension, revocation or other disciplinary
action by the Board, which by law is
required to be determined after an
opportunity for a hearing, the licensee or
Par shall be notified in writing of the
hearing and such notice shall be known as a
Effective Auquat 18, 2006
Whenever service provided in accordance to this
section and a reply 'is not presented before or at the
hearing, the Board may proceed with the Alternative
III hearing.. and upon proper fl`.ndings of facts and
conclusions of law shall issue a decision and order,
d, ANSWER TO COMPLAINTO The licensee shall
de a response within f ive working days af ter the
prov:L
receipt of the Complaint, as provided herein:
2, The licensee or PaL�, upon selection
M"Moffia"
of Alternative III stipulates not to
exercise 'Its right to a hearing and
Effective August 18, 2006
Gaippeal, but retests an informal
hearing to present the circumstances
surrounding the violation for
consideration by the Board, and Eay
2resent such circumstances either in
person or through a written statement,
3, The licensee or Parma upon selection
of
Alternative iiir requests a formal
hearing, otherwise known as a contested
case heariLa2., to offer defenses to
the
shares in the Complaint
and
Accusation. In contested cases,
the
licensee 'Involved shall be required
to
be present at the harm g,. If
the
licensee or Part fails to ap gar r
at
the hearing after in duiy notified,
the contested case .......... mM.., proceed in
the
licensee' or Party's absence and
the
Board maa!1judicate the coM2.1aint
and
assess 12enalties A
e. DECISION. The decision of the Board shall
be subject to the limitations or standards as may be
prescri 'bed by law, if the Board decides "in favor of
the licensee, it shall promptly notify the licensee
thereof. If the Board decides otherwise, it shall
issue an appropriate decision and order. Such
decision and order shall be accompanied by separate
findings of fact and conclusions of law. The Board
shall within a reasonable time send a certified copy
thereof to the licensee.
Rule 1.9 REHEARING. In a contested case
Part may file a motion for a
file such motion within fifteen
the decision and order issued
motion for rehearing may be o:
Effective August 18, 2006
hearing, a licensee or
rehearing, and shall
days of the receipt of
by the Board. The
L all or part of the
N M
LW-M
issues of the case. The motion shall be submJ-tted
with af f idavits setting forth f acts and a memorandum
setting forth the reasons and arguments in support of
the motion.
The Board shall rule on such motion and, 'inform the
a 11. 0
licensee of its ruling in writing.,
The Board may 13"Mit the scope of the rehearing to
limited 'issues of fact or Law.
If the Board decides otherwise, it shall issue an
appropriate findings of fact, conclusions of' law and
decision and order. The Board shall within a
reasonable time send a certified copy there -of to the
petitioner.
Rule 1.10 STIPULATION, Any of the foregoing procedures may be
modified or waived by stipulation of the parties and
informal disposition may be made of any contested case
by stipulation, agreed settlement, consent order or
de f axi. 1 t 0
Judicial review shall be as provided by law.
Mule 1,11 OFFER TO SETTLE,* A licensee and the Department mam
enter into a wri,tten agreement as to the dispositio)
of the case. I
Effective August 18, 2006
recommending or not opposing of specific penalties on ... .1
the charge to which the admission was entered. %OMOOI
be If the licensee and the Department enter into
such an agreement, then the agreement shall be
submitted to the Liquor Control Adjudication Board at
its regularly scheduled meeting for which the matter
is scheduled for a hearingO
C, At the hearing on the matter, the Liquor
Control Adjudication Board shall, by vote of a
majority of the members to which the Board is
entitled, take action to accept or reject the
agreement.
110 If the Board accepts the agreement, it
shall impose the penalty stated in the
agreementV
2, If the Board rejects the agreement,
then 'it mav, with the consensus of all
-
parties, hear the case on that day or
schedule the matter for a hearing on
the merits at its next regularly
scheduled meeting.
3, If the Board rejects the agreement,
evidence of an admission to a violation
or of an offer to admilit, to a violation
charged is not admissible against the
licensee.
4, Notwithstanding the acceptance by the
Board of such an agreement,. the Board
shall not make any finding of the
violation without making such inquiry
as shall satisfy the Board that there
is a factual basis for the agreement.
W-M
Effective August 18, 2006
0
a. For the first violat,3`.on of anX...2aeof the
rules herein rovided, the licensee shall a _p
to the
denartment at the time that the licensee admJts to the
b For the second violat 'ion of the same rule
within three years of the initial violatJ`Lon, the
licensee shall Dav a Penalty of two hundred $200.00)
to the de at the time that the licensee admi t s
to the c..auNre,
C, s ame rul e
shall be rocessed 'in accordance to Rule 1.8.
1.1-----Zl . ... .......
10
Id o A licensee mav waive
rule for the followin
and
violations,
2, Rule 3-2-D.2 Failure to obtain an
Entertainment Permit bv a holder of a
Class 4
3, Rule 3-2-D,5 Failure to Obtain an
Outs ide Stora%2.Eermit,
4, Rule 3-2-D.8 Failure to obtain an
Entertainment Perm 1ess ����P�ers�on L
than 21
RuleFailure to obtain a
ww- "ftz-
Private Host Permit,
.1
Rule 3-2-D.11 Failure to obtain a
Product Tasting Permit,
7 60 RWe 3-2-D.12 Failure to obtain a Teen
...... ....
Event Permit.
Effective August, 18, 2006
80 Rule 3-6 Failure to submit an Initial
or Final ort of Gross Li or Sales.
9 Rule 4 - 6 - B Failure to Not ifX the
Commission of the election of officers
and directors of a corporate license,
10. Rule 5-3 Failure to Post the Annual
List of.EM2.loyee.s with rds,
11. Rule 5-10 Failure to Possess UTLor
Laws
12, RuleFailure to pr-ovide Notice
... ...................................... W -----
of TeMorary_Closin2..
13. Rule 5-14 Failure to obtain �ov�al�
of Chan of Trade Name,
k
(kule 2.1 METHODS WliEREBY PUBLIC MAY OBTAIN INFORMATION. The
public may obtain information as to matters within the IV444�
jurisdiction of this Board by inquiring at.
a. The Office of the Lieutenant Governor of the
State of Hawaii where there are on file all rules of
the Board; or
If
b. The Office of the Clerk of the County of
Hawn l"i where there are on file all rules of the
Board; or
C, The main Office of the Department of Liquor
Control. All rules, orders or opinions of the Board
are on file and available for public inspection at
said office.
al
d* Pursuant to Chapter 92F, Hawaili Revised
Statutes, any person may inspect public records and
such inquiry may be made in person at said office[s)
during the business hours or by submitting a request
for information in writing or by., tele2hone to the
department, Requests for copies of records shall be
Effective August 18, 2006 10
d 4
istributed in a timely manner and upon payment of the
fixed cost as provided by law,
Rule 2.2 ADOPTION, AMENDMENT OR REPEAL OF RULES.
a, Any interested person may petition the Boar -A
requesting the adoptJLon, amendment or repeal, of any
rule of the Board,*
b, The pet ition shall be submitted in twelv
copies and shall, includ.e,
A otatement of the nature of the
petitioner$s interest,,,
21 A draft or the substance of the
proposed rule or amendment or a
des ignation of' the provisions sought to
be repealed.
4 =
An explicit statement of the reasons 1101
support of the proposed rule, amendmen
or repeal. I
The Board shall within ninety days af ter th,4
0
d, PROCEDURES, Prior to the adoption, amendment
*--%r repeal of the rule and regulations of the Board,
0
the Board ��hall.
Effective August 18, 2006 11
the county in both East and West
Hawaili, 111%w�
2* Afford all interested persons
opportunity to submit data, views or
arguments, orally or in writing. The
agency may make its decision at the
public hearing or announce then the
date as to when it 'intends to make a
decision. Upon the adoption, amendment
or repeal of a rule,, the Board shall,,
if requested to do so by an interested
person, issue a concise statement of
the principal reasons for and against
its determination.
3 The Board may change a rule between the
original proposed as presented at a
public hearing and as finally adopted,,
provided such changes shall not be so
substantial as to affect the rights of
the licensees and the general public.
4, A rule which has been adopted, amended
or repealed., upon the approval of the
mayor (:) f the county, shall become
effective ten days after the filing
with the county clerk.
Rule 2.3 DECLARATORY RULING BY THE BOARD,
a, Any interested person may petition the Board
for a declaratory order as to the applicability of any
statute, ordinance or any rule or order by the Board.
b, The petition shall be submitted in twelve
(12) copies and shall contain:
11 The name., address and telephone number
of the petitioner.
2, A statement of the nature of the
petitioner's interest, including
reasons for the submission of the
petition.,
3* A designation of the specific
provision, rule or order in question. \44�
Effective August 18, 2006 12
4* A complete state of facts.
51, A statement of the Position or,
contention of the petitioner.
60 A memorandum of authorities, containing
a f ull discussion, of the reasons
0
including any legal authorities,, in
support of such position or contention.
4 . C-m to , Any petition which does not confor the
foregoing requirements may be rejected.
d. The Board may for good cause refuse to issue
N
a declaratory ruling. Without limiting the generality
0
#.f the foregoing, the Board may so refuse whereO
The question is speculative or purely
hypothetical and does not involve
existing facts, or facts which can
reasonable be expected to exJ-st 3Ln the
near future,
2 The petitioner's interest "is not of the
type which would give the
standing to maintain an action 'if 'the
V.
were to seek Judicial
relief.
4
0� . The matter is not wi thin the
Jurisdiction of the Board.
e IV, Where any question of law is 'involved, th*
Board may refer the matter to the Corporation counsel.
The Board may also obtain the assistance of other
agencies where necessary or desirable,
0 * . W
fo Upon the disposition of the petition, the
petitioner shall be informed in writing thereof by the
Board.
Effective August 18, 2006 1 13
go orders disposing of petitions shall have the
same status as other Board orders. Orders shall be
applicable only to the fact situation alleged in the
petition or set forth in the order. They shall not be
applicable to different fact situations or where
additional facts not considered in the order exist.
PART III, SEVERABILITY
a RULE 3. 1 SEVE RABILITY, If any prov3.sion of these Rules and
Regulations or the application thereof to any person
or circumstances is held invalid by a court of
competent Jurisdiction, such invalidity shall not
affect other provisions or applications of the Rules
and Regulations which can be given effect without the
invalid provision or application, and to this end, the
provisions of these Rules and Regulations are declared
to be severablef
LW -.A
Effective August 18, 2006 14
0
ALTERNATIVE IV, STIPULATE* PHAA17
PURSUANT TO RULE 1o12 OF THE RULES AND REGULATIONS
OF THE LIQUOR CONTROL ADJXMICATION BOARD
( acknowledge receipt of this Notice of Complaint ani
Accusation and do hereby it to the allegation therein and
stipulate that disciplinary action may be taken, on this
Complaint and Accusation according to law, without my presence,
The undersigned informs the Liquor Control Adjudication
(toard of the selection to waive its right to a hearing and to be
subject to penalties pursuant to Rule 1,,,12.
Licensee__ .......... _ ..... . . ....
dba
Dated Title
....... . ........
Violation.
First, Offense $100
Second, Offense $200
Effective AUguSt 18, 2006 15
Dated,o Hilo, Hawaii i, August 3, 20061
GIQUOR CONTROL ADJM ICATION BOARD
WEPARTMENT OF LIQUOR CONTROL
COUNTY OF HAWA11I, STATE OF HAWAVI
. . ........ . . ......
s C "'rperson,
Notice of Public Hearing 1.
Hawaii Tribune -Herald: May 14, 2006
West Hawaii Today: May 14, 2006
Dates and Places of Public Hearings:
June 19, 20061 10 ':00 A.M,, Meeting Room, Department of
Liquor Control, 75-5722 Hanama Place, Suite 1107,
Kai lua-Kona , Hawaili .1
June 22, 2006t 12-00 Noon, Meeting Room, Department of
Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street.,
Suite 230, Hilo, Hawai'I*.
DeputtAorporation Counsel
Date: 6'�`- 0"') - 'n 6
It 0
hereby-certi,fy that the foregoing amendments and
revisions to the Rules and Regulations of the Liquor Control.
Adjudication Board of the County of Hawail'i was received and
f i'led i n my of f 'ice this —8,th day.. of August 2006.
County
'~=
TABLE OF CONTENTS
TITLE 15
CHAPTER 281, HAWAII REVISED STATUTES
INTOXICATING LIQUOR
PART I. GENERAL PROVISIONS
§281-1 Definitions
§281-2 Excepted articles; penalty
§281-3 Illegal manufacture, importation, or sale of liquor
§281-4 Liquor consumption on unlicensed premises prohibited, when
§281-5 Powdered alcohol
PART II. LIQUOR COMMISSIONS
§281-11
County liquor commissions and liquor control adjudication boards;
qualifications; compensation
§281-11.5
Liquor commission and board attorney
§281-12
Commission and board office
§281-13
Meetings
§281-14
Records
§281-15
Reports, accounts, audit
§281-16
County liquor commission and liquor control adjudication board
funds; disposition of realization; payment of expenses
§281-17
Jurisdiction and powers
§281-17.5
Fees; justified, method of change, limitation
§281-19
Hearings, attendance, examinations
§281-20
General right of inspection
§281-21
Service of subpoenas by investigators, police officers, or other law
enforcement officers; witnesses' fees
§281-22
Political activities of commission employees
PART III. LICENSES AND PERMITS, GENERAL PROVISIONS
§281-31
Licenses, classes
§281-32
Licenses, temporary
§281-32.5
Permits for trade shows or other exhibitions
§281-33
Special powers, privileges, and rights
§281-33.1
Individual permits to receive shipments of liquor
§281-33.6
Direct shipment of wine by wineries
§281-33.8
Reporting of shipments by carriers
§281-34
Sham operation under club license; supervision
§281-35
Special conditions; club licenses
§281-35.5
Special conditions; condominium hotel licenses
§281-37
Sales of alcohol
Rev. February 2025
§281-38
Conditions of licenses
§281-39
Place of business; exception; solicitors' and representatives'
permits
§281-39.5
Liquor license prohibited; where
§281-40
Unlicensed liquor
§281-41
Transfer of licenses; notice of change in officers, directors, and
stockholders of corporate licenses, partners of a partnership
license, and members or managers of a limited liability company
license; penalty
§281-42
Manufacturers and wholesale dealers, special restrictions
§281-44
Advertisements and signs upon licensed premises
§281-45
No license issued, when
§281-46
Pool buying
§281-47
Standard bar; music and dancing available
PART IV. PROCEDURE FOR OBTAINING LICENSE
§281-51
Prior inspection
§281-52
Public hearing
§281-53
Application; penalty for false statements
§281-53.5
County liquor commissions; criminal history record check
§281-54
Filing fees with application
§281-55
Reference to investigator
§281-56
Report by investigator
§281-57
Preliminary hearing; notice of public hearing
§281-58
Protests
§281-59
Hearing; rehearing
§281-60
Further application
§281-61
Renewals
PART V. DUTIES OF AND SUPERVISION OVER LICENSEE
§281-71
Posting of license
§281-72
Condition of premises
§281-73
Quality of liquor; penalty
§281-74
Labels on containers
§281-75
Analyses
§281-76
Tampering with samples; penalty
§281-77
Refusal of samples; penalty
§281-78
Prohibitions
§281-78.5
Practices to promote excessive consumption of liquor; prohibited
§281-79
Entry for examination; obstructing liquor commission operations;
penalty
§281-80
Arrest
§281-82
No action for debt
§281-84
Exclusion of intoxicated person from premises; penalty
§281-85
Prize, gift, premium, and other inducement
PART VI. REVOCATION OF LICENSE
§281-91 Revocation or suspension of license; hearing
§281-92 Appeals
§281-93 Reports to prosecuting officers
§281-94 Forfeiture of fee paid
§281-95 Bankruptcy, insolvency, death
§281-96 Cancellation
§281-97 When sale without license authorized
PART VII. GENERAL VIOLATIONS AND PROSECUTIONS
§281-101
Unlicensed manufacture or sale of liquor; penalty
§281-101.4
Hearing, illegal manufacture, importation, or sale of liquor
§281-101.5
Prohibitions involving minors; penalty
§281-102
Other offenses; penalty
§281-102.5
Purchasing from other than primary source of supply; penalty
§281-104
Investigators, employees, counsel for
§281-105
Determination whether acts were in scope of duty
§281-106
Prosecutions not to exclude other remedies affecting license or
goods
§281-107
Presumptive evidence
§281-108
Search warrants; seizure
§281-109
Seizure without warrant
§281-110
Arrest; abetters
§281-111
Condemnation of property or liquor; disposition
§281-113
Claims
§281-114
Appeals
PART VIIL PRICE DISCRIMINATION IN SUPPLYING
LIQUOR - -REPEALED
§281-121 to §281-124 Repealed
iii
CHAPTER 281, HAWAI `I REVISED STATUTES
S
INTOXICATING LIQUOR
PART I. GENERAL PROVISIONS
§281-1 Definitions. Whenever used in this chapter, unless
otherwise apparent from the context:
"Addicted to the excessive use of intoxicating liquor" refers to one who
has acquired the habit of using intoxicating liquor excessively to deprive oneself
of reasonable self-control, a common drunkard, or a habitual drunkard.
"Alcohol" means the product of distillation of any fermented liquid,
Whether rectified or not, whatever may be the origin thereof, and includes
synthetic ethyl alcohol, but not denatured or other alcohol which is considered
nonpotab e under the customs laws of the United States.
"Beer" means any alcoholic beverage containing not less than 0.5 per
cent alcohol by volume obtained by the fermentation of any infusion or decoction
of malt, wholly or in part, or any substitute, including grain of any kind, bran,
glucose, sugar, or molasses. "Beer" includes ale, porter, brown, stout, lager beer,
small beer, strong beer, and alcoholic seltzer beverages. "Beer" does not include
sake, also known as Japanese rice wine; cooler beverage; or any products of
distillation, by whatever name known, that contain distilled spirits, alcoholic
spirits, or spirits.
"Club" means any organization for objects of a social, patriotic,
political, or athletic nature, or the like, but not for pecuniary gain, having a regular
membership to all of whom is charged monthly or quarterly dues, employing a
full-time steward, and from which organization no person is entitled to or takes,
directly or indirectly, any share of the profits thereof. "Club" also means the
establishment so operated and the premises thereof; provided the word "club"
shall not apply to any organization not in existence for at least one year prior to its
application for a license.
"Commission" means the liquor commission for the county within
which such commission has jurisdiction under this chapter.
"Condominium hotel" means an establishment consisting of one or
more buildings that includes:
(1) Guest rooms that are units, as defined in section 514B -3 , which are
used to provide transient lodging for periods of less than thirty days under a
written contract with the owner of the apartment or unit in the condominium hotel
operation; and
(2) Guest rooms that are units, owned or managed by the
condominium hotel operator providing transient lodging for periods of less than
thirty days, which are offered for adequate pay to transient guests.
A "condominium hotel" does not include a hotel that may be part of a
condominium subject to chapter 514B or that does not have guest rooms that are
separate units, as defined in section 514E-3.
"Condominium hotel operator" means any person who operates a
condominium hotel, including but not limited to, a condominium hotel operator
registered under section 46 7-3 0 .
1
"County" means the county in respect of which each commission has
jurisdiction under this chapter; provided that in the county of Ka awao liquor may
be sold only by such persons and only under such conditions as may be permitted
or prescribed from time to time by the department of health.
"Elected executive head" means the mayor of each county or the
mayor's duly appointed or elected successor.
"Gross sales" means the total receipts actually received from the sale of
liquor for which the license has been issued without deduction on account of the
cost of property sold or expenses of any kind.
"Hotel" means an establishment consisting of one or more buildings
which contain such total number of rooms as may be prescribed by the
commission and in which rooms sleeping accommodations are provided and
offered for adequate pay to transient or permanent guests.
"Investigator" means any investigator of the commission in each case
for the county wherein the commission has jurisdiction.
"License" means any license granted under this chapter.
"Licensee" includes also all agents, servants, and employees of the
holder of a license.
"Liquor" or "intoxicating liquor" includes alcohol, brandy, whiskey,
rum, gin, okoehao, sake, beer, ale, porter, and wine; and also includes, in addition
to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids, and
compounds, whether medicated, proprietary, patented, or not, in whatever form
and of Whatever constituency and by Whatever name called, containing one-half
of one per cent or more of alcohol by volume, which are fit for use or may be
used or readily converted for use for beverage purposes.
"Liquor control adjudication board" or "board" means a board
established by county charter, within a county, that shall have the jurisdiction to
hear and determine complaints or violations of liquor laws and to impose
penalties as may be provided in this chapter.
"Minibar" means a specified area of a hotel or condominium hotel
guest room where a selection of liquors in their original package are kept for sale
or consumption in the hotel or condominium hotel guest room.
"Minor" means any person below the age of twenty-one years.
"Original package" means a package or container as it existed at the
time of its delivery by the manufacturer or the wholesale dealer for convenience
in transportation and sale.
"Partner" means a partner in a general partnership, limited partnership,
or limited liability partnership.
"Person" means and includes natural persons, associations,
copartnerships, limited liability companies, and corporations, and also includes
any agent, servant, and employee of such person.
"Premises" or "licensed premises" means the building and property that
houses the establishment for which a license has been or is proposed to be issued;
provided that in the case of class 12 hotel license, "premises" includes the hotel
premises; provided further that in the case of a class 15 condominium hotel
i ceps e, "premises" includes units, as defined in section 514B -3 , that are used to
provide transient lodging for periods of less than thirty days under a written
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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.
"Public place" means any publicly owned property or privately owned
property open for public use or to which the public is invited for entertainment or
business purposes.
"Regulation" means any regulation prescribed by the commission with
the approval of the elected executive head of the county for carrying out this
chapter.
"Restaurant" means a place which is regularly and in a bona fide
manner used and kept open for the serving of meals to patrons for compensation
and which has suitable kitchen facilities connected therewith, containing the
necessary equipment and supplies for cooking an assortment of foods which may
be required for ordinary meals. Additionally, at least thirty per cent of the
establishment's gross revenue must derive from the sale of foods.
"Retail licensee" means any licensee holding a class 2, class 4 through
class 161, or class 18 license.
"Sell" or "to sell" includes to solicit and receive an order for; to have or
keep or offer or expose for sale; to deliver for value or in any other way than
purely gratuitously; to peddle; to keep with intent to sell; to traffic in; and the
word "sale" includes every act of selling as herein defined. Notwithstanding the
provisions above, the delivery of liquor by a licensee's vehicle or the vehicle of a
licensee's agent shall be deemed delivery for value.
"Seller" includes the agents and employees of a seller; provided that
any person shall be deemed to be a seller, who in the State, whether acting as
agent or representative of a nonresident principal or otherwise, solicits the placing
of or takes, receives, or forwards orders for liquor to be shipped into the State
from any place without the State to be delivered to customers, by direct shipment
or otherwise.
"Standard bar" means any establishment licensed to sell liquor for
consumption on the premises, except:
(1) Premises in which a person performs or entertains unclothed or in
attire restricted to use by entertainers pursuant to commission regulations; or
(2) Premises in which live entertainment or recorded music is
provided. Facilities for dancing by the patrons may be permuted as provided by
commission rules; or
(3) Premises in which employees or entertainers consume nonalcoholic
beverages while in the company of patrons or sit with patrons pursuant to
commission rules.
"Under the influence of liquor" means that the person concerned has
consumed intoxicating liquor sufficient to impair at the particular time under
inquiry the person's normal mental faculties or ability to care for oneself and
guard against casualty, or sufficient to substantially impair at the time under
inquiry that clearness of intellect and control of oneself which the person would
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otherwise normally possess.
"Wine" means any wine coming within the definition of wine
contained in the United States Revenue Act of 1918 (Act of February 24, 1919),
and includes sake.
"Written" or "writing" includes printing and typewriting.
§281-2 Excepted articles; penalty. The articles enumerated in
this section shall not, after having been manufactured and prepared for the market,
be subject to this chapter if they correspond with the following descriptions and
limitations, namely:
(1) Denatured alcohol or denatured rum produced and used as provided by
laws and regulations now or hereinafter in force;
(2) Medicinal preparations manufactured in accordance with formulas
prescribed by The Pharmacopoeia of the United States of America or The
National Formulary that are unfit for use for beverage purposes;
(3) Patented, patent and proprietary medicines that are unfit for use for
beverage purposes;
(4) Toilet, medicinal, and antiseptic preparations and solutions, that are unfit
for use for beverage purposes;
(5) Flavoring extracts and syrups that are unfit for use as a beverage or for
intoxicating beverage purposes;
(6) Vinegar and preserved sweet cider;
(7) A food which is a confectionery and contains alcohol of eve per cent or
less by weight.
Any person who manufactures any of the articles mentioned in this section
may purchase and possess alcohol for that purpose, but the person shall not sell,
use, or dispose of any alcohol otherwise than as an ingredient of the articles
authorized to be manufactured therefrom. No more alcohol shall be used in the
manufacture of any extract, syrup, or article named in paragraphs (2), (3), and (4)
of this section which may be used for beverage purposes than the quantity
necessary for extraction or solution of the elements contained therein and for the
preservation thereof.
Any person who knowingly sells any of the articles mentioned in paragraphs
(1), (2), (3), and (4) of this section for beverage purposes or any extract or syrup
for intoxicating beverage purposes or who sells any of the same under
circumstances from which the seller might reasonably deduce the intention of the
purchaser to use them for such purposes shall be guilty of a misdemeanor and
upon conviction thereof shall be punished as provided in section 281-102.
Whenever it is believed that any article mentioned in this section does not
correspond with the descriptions and limitations herein provided, the liquor
commission or any inspector or any prosecuting officer may cause an analysis
thereof to be made, and if, upon such analysis, it is found that the article does not
so correspond, the person who manufactures or sells the same may be prosecuted
as a manufacturer or seller of liquor contrary to this chapter.
§281-3 Illegal manufacture, importation, or sale of liquor. It
shall be unlawful for any person not having a valid license to manufacture or sell
any liquor except as otherwise provided in this chapter; provided that the head of
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any family may produce for family use and not for sale an amount of wine not
exceeding two hundred gallons a year, and an amount of beer not exceeding one
hundred gallons a year.
It shall also be unlawful for any person, not having a valid wholesale license or
a valid manufacturer's (including rectifier's) license, to import any liquor from
without the State, except as otherwise provided in this chapter. Liquor imported
into this State shall come to rest at the warehouse of the manufacturer (including
rectifier) or the wholesaler importing the liquor, shall be unloaded into such
warehouse, and shall be held in such warehouse for at least forty-eight hours
before further sale by such manufacturer (including rectifier) or wholesaler.
It shall also be unlawful for any person to label, designate, or sell any liquor
using the word "Hawaii", "Hawaiian", "Aloha State", 115 oth State", "Kauai",
"Maui", "Oahu",, or "Honolulu" unless such liquor is wholly or partially
manufactured in the State, and all of the primary ingredients are wholly rectified
or combined in the State of Hawaii in compliance with the Alcohol and Tobacco
Tax and Trade Bureau standards.
A license shall constitute authority for the licensee to sell only the liquor
thereby authorized to be sold by the licensee.
§281-4 Liquor consumption on unlicensed premises prohibited,
when. (a) It shall be unlawful for any person who keeps or maintains any
restaurant or other premises where food, beverages, or entertainment are provided
or brought in by patrons or guests, whether for compensation or not, or to which
members of the public or members of an organization resort for food,
refreshment, or entertainment and who is not a licensee of the commission under
this chapter, to promote, encourage, aid, or permit the consumption of liquor on
the premises, except during the hours between 6 : oo a.m. and 12 : oo a.m. Any
premises that desires to operate after 12:00 a.m. until 2:00 a.m. shall obtain a class
17 liquor license under section 281-31 (q), and shall be subject to the requirements
of this chapter and the rules adopted by the liquor commission of the county in
which the premises are located during all hours of operation, except as otherwise
provided by law.
(b) It shall be unlawful for any person who is present at any restaurant
or other premises where food, beverages, or entertainment are sold, provided, or
brought in by patrons or guests, or to which members of the public, or members
of an organization, resort for food, refreshment, or entertainment, and which
premises are not licensed by the commission under this chapter, to consume any
liquor on the premises, except during the hours between which licensed premises
of dispensers are permitted to be open for the transaction of business in the county
where the premises are located.
(c) It shall be unlawful for any person who keeps or maintains any
restaurant or other premises where food, beverages, or entertainment are
provided, or brought in by patrons or guests, whether compensated or not, to sell
or provide or allow the consumption of liquor to or for any of the following
persons knowing that such person has, or is about to obtain, liquor for
consumption by the person on the premises, to wit:
(1) Any minor;
(2) Any person at the time under the influence of liquor;
R
(3) Any disorderly person;
(4) Any person known to be addicted to the excessive use of liquor; or
(5) Any person, for consumption in any vehicle on the premises;
provided that the providing of liquor to or for a minor who has or is about to
obtain liquor for consumption by the minor on the premises or allowing the
consumption of liquor by a minor shall not be deemed to be a violation of this
subsection if, at the time, the person providing or allowing the consumption of
liquor was misled by the appearance of the minor and the attending circumstances
into honestly believing that such minor was of legal age and the person acted in
good faith, and it shall be incumbent upon the person to prove that the person so
acted in good faith.
(d) Within the meaning of this section, the word "premises" includes any
vessel as well as any place, with or without a structure thereon, and the hours
between which licensed premises of dispensers are permitted to be open for the
transaction of business shall be deemed to be those during which such dispensers
are permitted to keep open their premises for the sale, service, and consumption
of liquor, or any of them.
§281-5 Powdered alcohol. (a) No person shall consume,
purchase, possess, sell, offer for sale, or otherwise distribute powdered alcohol in
the State.
(b) Any person who violates this section shall be guilty of a misdemeanor and
upon conviction shall be punished as provided in section 281-102.
(c) As used in this section, "powdered alcohol" means a powdered or
crystalline substance that contains any amount of alcohol for either direct use or
reconstitution.
(d) This section does not apply to the use of powdered alcohol for legal
commercial uses or bona ode research purposes by:
(1) A health care provider who uses powdered alcohol for the purpose of
conducting scientific research;
(2) A state institution;
(3) The University of Hawaii, or other accredited educational or research
institution; or
(4) A pharmaceutical or biotechnology company.
PART II. LIQUOR COMMISSIONS
§281-11 County liquor commissions and liquor control
adjudication boards; qualifications; compensation. (a) A liquor commission
or liquor control adjudication board, consisting of not less than five members, no
more than the minimum required for a quorum of whom shall belong to the same
political party at the time of appointment, may be created for each of the counties.
The elected executive head of each county may nominate, and by and with the
advice and consent of the legislative body of the county, shall appoint the
members of the commissions and boards. The elected executive head of each
county, by and with the advice and consent of the legislative body of the county,
may remove from office any of the members. The commission or board shall
designate one of its members as chairperson. Each member shall be a citizen of
the United States and shall have resided in the county for which appointed for at
least three years immediately preceding the date of the member's appointment.
(b) Upon the expiration of the term of each commissioner or board member,
the commissioner's or board member's successor shall be appointed for a term to
expire five years from the date of the expiration of the preceding term.
The tenure in office of every commissioner or board member shall be for the
terms provided and until their successors are duly appointed and qualified.
Any vacancy shall be filled by appointment for the remainder of the unexpired
term. No person shall be a member of any commission or board who is or
becomes engaged, or is directly or indirectly interested in any business for the
manufacture or sale of liquor or who advocates or is or becomes a member of, or
is identified or connected with, any organization or association which advocates
prohibition, or who is an elected officer of the state or county government or who
presents oneself as a candidate for election to any public office during the term of
the person's appointment hereunder. This provision shall be enforced by the
elected executive head of the county by the removal of the disqualified member
whenever such disqualifications shall appear.
(c) The amount of compensation and reasonable expenses for travel and other
costs necessarily incident to the discharge of the members' duties shall be
established by each county.
§281-11.5 Liquor commission and board attorney. The liquor
commission or liquor control adjudication board may hire attorneys to assist it in
carrying out its administrative functions under this chapter. The assistance may
include providing legal advice and prosecuting and defending legal claims under
this chapter or arising in connection with this chapter.
§281-12 Commission and board office. The council of each
county shall furnish the liquor commission and the liquor control adjudication
board of the county suitable quarters for its meetings, the transaction of its
business, and the keeping of its records. The office of the commission and board
shall at all times be open for the transaction of its business during its prescribed
business hours.
§281-13 Meetings. Meetings of the liquor commission or the liquor
control adjudication board may be held at any time and as often from time to time
as the commission or board deems necessary for the proper transaction of its
business, upon call of the chairperson or by any other two members of the
commission or board. The administrator shall give notice of the meetings as the
commission or board may prescribe to the several members, and give any other
notice thereof directed by the commission or board.
A majority of all the members of the commission or board shall constitute a
quorum for the transaction of business, but the affirmative vote of a majority of
all of the members shall be necessary to determine any matter before it.
§281-14 Records. The liquor commission and liquor control
adjudication board shall ensure that complete records are kept of all commission
and board meetings, proceedings, and acts with reference to all business
7
pertaining to licenses issued, suspended, and revoked, moneys received as license
fees and otherwise, and disbursements by the commission or board or under its
authority. Unless otherwise prohibited by law, these records shall be open for
examination by the public. The records may be destroyed as provided in section
46-43.
§281-15 Reports, accounts, audit. on or before September 30 of
each year the chairperson of the liquor commission shall submit to the elected
executive head of the county a full report upon the business and operations of the
commission during the preceding year, which year shall be coterminous with the
fiscal year of the county, with such other matters of information and comment as
the elected executive head may deem appropriate. The elected executive head
shall furnish copies thereof to the legislative body of the county and to the fiscal
officer of the county.
The accounts of the commissions for the several counties shall be regularly
examined by the fiscal officer who shall report thereon in writing to the legislative
body of the several counties.
§281-16 County liquor commission and liquor control
adjudication board funds; disposition of realization; payment of expenses.
All fees and other moneys collected or received by each liquor commission or
liquor control adjudication board under this chapter shall be paid not less than
weekly into the general fund of the respective county or a special fund as
provided by ordinance. All expenses of the commission or board, including any
expenses and compensation of its members and expenses and salaries of its
subordinates, shall be paid in the manner provided by ordinance.
§281-17 Jurisdiction and powers. (a) The liquor commission,
within its own county, shall have the jurisdiction, power, authority, and discretion,
subject only to this chapter:
(1) To grant, refuse, suspend, and revoke any license for the manufacture,
importation, and sale of liquors;
(2) To take appropriate action against a person who, directly or indirectly,
manufactures, sells', or purchases any liquor without being authorized pursuant to
this chapter; provided that in counties that have established by charter a liquor
control adjudication board, the board shall have the jurisdiction, power, authority,
and discretion to hear and determine administrative complaints of the director
regarding violations of the liquor laws of the State or of the rules of the liquor
commission, and impose penalties for violations thereof as may be provided by
law;
(3) To control, supervise, and regulate the manufacture, importation, and sale
of liquors by investigation, enforcement, and education; provided that any
educational program shall be limited to the commission staff, commissioners,
liquor control adjudication board members, and licensees and their employees,
and shall be financed through the money collected from the assessment of fines
against licensees; provided that fine moneys, not to exceed ten per cent a year of
fines accumulated', may be used to fund public liquor -related educational or
enforcement programs;
E,
(4) From time to time to make, amend, and repeal rules, not inconsistent with
this chapter, as in the judgment of the commission are deemed appropriate for
carrying out this chapter and for the efficient administration thereof, and the
proper conduct of the business of all licensees, including every matter or thing
required to be done or which may be done with the approval or consent, by order,
under the direction or supervision of, or as prescribed by the commission; which
rules, when adopted as provided in chapter 91 shall have the force and effect of
law;
(5) Subject to chapter 76, to appoint and remove an administrator, who may
also be appointed an investigator and who shall be responsible for the operations
and activities of the staff. The administrator may hire and remove hearing
officers, investigators, and clerical or other assistants as its business may from
time to time require, prescribe their duties and fix their compensation, and engage
the services of experts and persons engaged in the practice of a profession, if
deemed expedient. Every investigator, within the scope of the investigator's
duties, shall have the powers of a police officer;
(6) To limit the number of licenses of any class or kind within the county, or
the number of licenses of any class or kind to do business in any given locality,
when in the judgment of the commission such limitations are in the public
interest;
(7) To prescribe the nature of the proof to be furnished, the notices to be
given, and the conditions to be met or observed in case of the issuance of a
duplicate license in place of one alleged to have been lost or destroyed, including
a requirement of any indemnity deemed appropriate to the case;
(8) To fix the hours between which licensed premises of any class or classes
may regularly be open for the transaction of business, which shall be uniform
throughout the county as to each class respectively;
(9) To prescribe all forms to be used for the purposes of this chapter not
otherwise provided for in this chapter, and the character and manner of keeping of
books, records, and accounts to be kept by licensees in any matter pertaining to
their business;
(10) To investigate violations of this chapter and, notwithstanding any law to
the contrary, violations of the applicable department of health's allowable noise
levels, through its investigators or otherwise, to include covert operations, and to
report violations to the prosecuting officer for prosecution where appropriate.
Investigations of violations of chapter 244D shall be referred to the director of
taxation to hear and determine complaints against any licensee;
(11) To prescribe, by rule, the terms, conditions, and circumstances under
which persons or any class of persons may be employed by holders of licenses;
(12) To prescribe, by rule, the term of any license or solicitor's and
representative's permit authorized by this chapter, the annual or prorated amount,
the manner of payment of fees for the licenses and permits, and the amount of
filing fees;
(13) To prescribe, by rule, regulations on dancing in licensed premises; and
(14) To prescribe, by rule, the circumstances and penalty for the unauthorized
manufacturing or selling of any liquor.
(b) Subject only to this chapter, the commission or board and each member
thereof shall have the same powers respecting the administering of oaths,
I
compelling the attendance of witnesses and the production of documentary
evidence, and examining the witnesses as are possessed by a circuit court, except
that the commission or board and each member thereof shall not be bound by the
strict legal rules of evidence. In addition, the commission or board shall have the
power to require the production of, and to examine any books, papers, and records
of any licensee which may pertain to the licensee's business under the license or
which may pertain to a matter at a hearing before the commission or board or to
an investigation by the commission or board.
The exercise by the commission or board of the power, authority, and
discretion vested in it pursuant to this chapter shall be final and shall not be
reviewable by or appealable to any court or tribunal, except as otherwise provided
in this chapter or chapter 91.
§281-17.5 Fees; justified, method of change, limitation. (a) Any
liquor license fee or any increase in an existing liquor license fee sought to be
implemented by any commission shall have, as its justification, a direct and
proportionate relationship to costs and expenses of the commission in its control,
supervision, or regulation of the manufacture, importation, and sale of liquors, or
otherwise directly relate to actual costs and expenses of administration of the
commission as is set forth in this chapter.
(b) Any such liquor license fees or any moneys collected or received by any
liquor commission under this chapter may only be used for costs and expenses
directly relating to operational and administrative costs actually incurred by the
liquor commission collecting or receiving such liquor license fees or moneys.
Such fees or moneys shall not be used for any costs or expenses other than those
directly relating to its operation and administration, except as otherwise provided
by law.
(c) Any increase in the liquor license fee structure shall only be initiated by
the liquor commission seeking the change with the approval of the county's
legislative body and mayor.
(d) Any liquor commission seeking a change in liquor license fee structure
shall notify all licensees under this chapter affected by the change of the proposed
change and shall notify each such licensee of the outcome and resolution of the
change.
(e) Any liquor commission which currently receives a license fee from a
licensee in excess of the amount prescribed by this section shall immediately
revise its liquor license fee structure to conform with the requirements of this
section. Any funds in excess of twenty per cent of the commission's current
budget shall be returned or credited annually to existing licensees.
§281-18 REPEALED.
§281-19 Hearings, attendance, examinations. If any person
subpoenaed as a witness to attend before the liquor commission or liquor control
adjudication board, or to produce any books, papers, or records called for by the
process of the commission or board, fails or refuses to respond thereto, or refuses
to answer questions propounded by any member of the commission or board or its
counsel material to the matter pending before the commission or board, the circuit
10
court of the circuit within which the licensed premises involved are situated, upon
request of the commission or board, shall have power to compel obedience to any
process of the commission or board and require the witness to answer questions
put to the witness, and to punish, as a contempt of the court, any refusal to comply
therewith without good cause shown therefor.
False swearing by any witness before the commission or board, shall constitute
perjury and be punished as such, and whenever the commission or board is
satisfied that a witness has sworn falsely in any hearing or investigation before the
commission or board, it shall report the same to the prosecuting officer for
prosecution.
§281-20 General right of inspection. Any investigator may, at all
times, without notice and without any search warrant or other legal process, visit
and have immediate access to every part of the premises of every licensee for the
purpose of making any examination or inspection thereof or inquiry into the
books and records therein, to ascertain whether all of the conditions of the license
and all provisions of this chapter are being complied with by the licensee.
§281-21 Service of subpoenas by investigators, police officers, or
other law enforcement officers; witnesses' fees. [(a)] Any investigator, police
officer, or other law enforcement officer may serve any subpoena issued by the
liquor commission, liquor control adjudication board, or administrator.
[(b)] Every witness attending or testifying at any hearing of the commission or
board in response to a subpoena issued by it or the administrator shall be paid as
provided for in section 621- 7 . If a witness is subpoenaed by direction of the
commission, board, or administrator, the witness' fees shall be paid out of any
funds which may be set aside for the expenses of the commission or board and, if
the witness is subpoenaed on behalf of any interested party, the witness' fees shall
be paid by that party.
§281-22 Political activities of commission employees. (a) A
commission employee may support, advocate, or aid in the election or defeat of
any candidate for public office, or run for public office; provided the employee:
(1) Notifies the commission in writing of the employee's intent to
support, advocate, or aid in the election or defeat of a candidate for public office;
and
(2) If a candidate for public office, takes a leave of absence in
accordance with section 78-23 for a period beginning prior to the initiation of
political activities related to the candidacy and ending the day following the
general election for the office.
(b) Notwithstanding chapter 11 or any other law to the contrary, no
commission employee shall solicit or receive contributions, or receive or transfer
money or anything of value from a licensee for the purpose of supporting,
advocating, or aiding in the election or defeat of a candidate for public office.
Violation of this subsection shall be:
(1) Punishable by summary dismissal of the employee; and
(2) Subj ect to fines in accordance with section 11-410.
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PART III. LICENSES AND PERMITS, GENERAL PROVISIONS
§281-31 Licenses, classes.
(a) Licenses may be granted by the liquor commission as provided in this section.
(b) Class L Manufacturer license. A license for the manufacture of liquor
shall authorize the licensee to:
(1) Manufacture the liquor therein specified;
(2) Sell it in original packages to any wholesaler who holds a license to resell
it; and
(3) Sell beer, wine, or other specified liquor manufactured or distilled on the
licensee's premises from fruits or other products grown in the State, in any
quantity:
(A) At wholesale in original packages to any person who holds a license to
resell it; and
(B) To any person for private use and consumption.
Under this license, no liquor shall be consumed on the premises, except as
authorized by the commission. Of this class, there shall be the following kinds:
(1) Beer;
(2) Wine;
(3) Alcohol; and
(4) Other specified liquor.
It shall be unlawful for any holder of a manufacturer license to have any
interest whatsoever in the license or licensed premises of any other licensee. This
subsection shall not prevent the holder of a manufacturer license under this
chapter or under the law of another jurisdiction from maintaining any interest in
the license or licensed premises of a wholesale dealer licensee under this chapter.
(c) Class 2. Restaurant license.
(1) A license under this class shall authorize the licensee to sell liquor
specified in this subsection for consumption on the premises; provided that a
restaurant licensee, with commission approval, may provide off -premises catering
of food and liquor; provided further that the catering activity shall be directly
related to the licensee's operation as a restaurant. A license under this class shall
also authorize the licensee to sell beer, malt beverages, or cider for off -premises
consumption; provided that the licensee has the appropriate kind of license
pursuant to paragraph (3); provided further that the beer, malt beverage, or cider
is sold in a securely sealed or covered glass, ceramic, or metal container that is
sold to or provided by the patron, and each sealed or covered glass, ceramic, or
metal container does not exceed a maximum capacity of one-half gallon. A
licensee under this class shall be issued a license according to the category of
establishment the licensee owns or operates. The categories of establishment
shall be as follows:
(A) A standard bar; or
(B) Premises in which live entertainment or recorded music is provided.
Facilities for dancing by the patrons may be permitted as provided by commission
rules.
(2) If a licensee under class 2 desires to change the category of establishment
the licensee owns or operates, the licensee shall apply for a new license applicable
12
to the category of the licensee's establishment.
(3) Of this class, there shall be the following kinds:
(A) General (includes all liquor except alcohol);
(B) Beer and Wine; and
(C) B eer.
(4) A new class 2 license may be issued prior to an establishment
commencing operation. An application for a new class 2 license shall include a
certification by the applicant that the applicant intends to and shall derive no less
than thirty per cent of the establishment's gross revenue from the sale of foods.
Notwithstanding section 281-57, the commission may approve at one public
hearing and Without notice the change to a class 2 restaurant license of a licensee
holding a class 5 dispenser license Who meets the requirements of a class 2
license.
(d) Class 3. Wholesale dealer license. A license for the sale of liquor at
Wholesale shall authorize the licensee to import and sell only to licensees or to
others Who are by law authorized to resell the liquor specified by the license but
are not by law required to hold a license; provided that a class 3 licensee may sell
samples of liquor back to the manufacturer. Under a class 3 license, no liquor
shall be consumed on the premises except as authorized by the commission. Of
this class, there shall be the following kinds:
(1) General (includes all liquor except alcohol);
(2) Beer and Wine; and
(3) Alcohol.
If any wholesale dealer solicits or takes any orders in any county other than that
Where the dealer's place of business is located, the orders may be filled only by
shipment direct from the county in Which the Wholesale dealer holds the dealer
license. Nothing in this subsection shall prevent a Wholesaler from selling liquor
to post exchanges, ships' service stores, army or navy officers' clubs, or similar
organizations located on army or navy reservations, or to any vessel other than
vessels performing a regular Water transportation service between any two or
more ports in the State, or to aviation companies Who operate an aerial
transportation enterprise subject to chapter 269 and engaged in regular flight
passenger services between any two or more airports in the State for use on
aircraft, or aviation companies engaged in transpacific flight operations for use on
aircraft outside the jurisdiction of the State.
(e) Class 4. Retail dealer license. A license to sell liquor at retail or to class
10 licensees shall authorize the licensee to sell the liquor therein specified in their
original packages. A license under this class shall also authorize the licensee to
sell beer, malt beverages, or cider in non -original packages; provided that the
beer, malt beverage, or cider is sold in a securely sealed or covered glass, ceramic,
or metal container that is sold to or provided by the patron, and each sealed or
covered glass, ceramic, or metal container does not exceed a maximum capacity
of one half -gallon. Under a class 4 license, no liquor shall be consumed on the
premises except as authorized by the commission. Of this class, there shall be the
following kinds:
(1) General (includes all liquor except alcohol);
(2) Beer and Wine; and
(3) Alcohol.
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(f) Class 5. Dispenser license.
(1) A license under this class shall authorize the licensee to sell liquor
specified in this subsection for consumption on the premises. A licensee under
this class shall be issued a license according to the category of establishment the
licensee owns or operates. The categories of establishments shall be as follows:
(A) A standard bar;
(B) Premises in which a person performs or entertains unclothed or in attire
restricted to use by entertainers pursuant to commission rules;
(C) Premises in which live entertainment or recorded music is provided;
provided that facilities for dancing by the patrons may be permitted as provided
by commission rules; or
(D) Premises in which employees or entertainers are compensated to sit
with patrons, regardless of whether the employees or entertainers are consuming
nonalcoholic beverages while in the company of the patrons pursuant to
commission rules.
(2) If a licensee under class 5 desires to change the category of establishment
the licensee owns or operates, the licensee shall apply for a new license applicable
to the category of the licensee's establishment.
(3) Of this class, there shall be the following kinds:
(A) General (includes all liquor except alcohol);
(B) Beer and wine; and
(C) Beer.
(g) Class 6. Club license. A club license shall be general only but shall
exclude alcohol and shall authorize the licensee to sell liquor to members of the
club and to guests of the club enjoying the privileges of membership for
consumption only on the premises kept and operated by the club; provided that
the license shall also authorize any club member to keep in the member's private
locker on the premises a reasonable quantity of liquor owned by the member for
the member's own personal use and not to be sold that may be consumed only on
the premises. A club licensee shall be authorized to host charitable functions that
are open to the general public only pursuant to commission rules.
The categories of establishment shall be as follows:
(1) A standard bar; or
(2) Premises in which live entertainment or recorded music is provided.
Facilities for dancing by the patrons may be permitted as provided by commission
rules.
(h) Class 8. Transient vessel license. A general license may be granted to the
owner of any vessel for the sale of liquor other than alcohol on board the vessel
while en route within the jurisdictional limits of the State and within any port of
the State. Sales shall be made only for consumption by passengers and their
guests on board the vessel. The license shall be issuable in each county where the
sales are to be made; provided that the application for the license may be made by
any agent representing the owner.
(i) Class 9. Tour or cruise vessel license. A general license may be granted to
the owner of any tour or cruise vessel for the sale of liquor other than alcohol on
board the vessel while in the waters of the State; provided that sales be made only
for consumption by passengers on board while the vessel is in operation outside
the port or dock of any island of the State, unless otherwise approved by the
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county where the license has been issued. The license shall be issuable in the
county where the home port of the vessel is situated. If, on any vessel for which
no license has been obtained under this chapter, any liquor is sold or served
within three miles of the shore of any island of the State, it shall constitute a
violation of this chapter.
The categories of establishment shall be as follows:
(1) A standard bar; or
(2) Premises in which live entertainment or recorded music is provided.
Facilities for dancing by the patrons may be permitted as provided by commission
rules.
0) Class 10. Special license.
(1) A special license may be granted for the sale of liquor for a period not to
exceed three days and pursuant to commission rule may be approved by the
administrator for fundraising events by nonprofit organizations, political
candidates, and political parties; provided that any registered educational or
charitable nonprofit organization may sell liquors in their original packages for
off -premises consumption; provided further that any social club granted tax-
exempt status pursuant to section 501(c)(7) of the Internal Revenue Code of 1986,
as amended, may sell wine from the social club's inventory to the club's members
for off -premises consumption. of this class, there shall be the following kinds:
(A) General (includes all liquor except alcohol);
(B) Beer and wine; and
(C) B eer.
Liquor sold under a class 10 license shall be consumed on the premises.
(2) Notwithstanding any other section of this chapter to the contrary, the
commission shall waive any hearings, fees, notarization of documents, submission
of floor plans and other governmental clearances, and other requirements for the
issuance of a class 10 license. The class 10 license granted under this subsection
for a fundraising event shall include the ability to auction off, at a live or silent
auction, liquor in sealed or covered glass, ceramic, or metal containers or services
that provide liquor. No criminal history record check under section 2 81-5 3.5 or
846-2.7 or any other section of this chapter shall be required. The commission
may require proof of liquor liability insurance for the fundraising event and a
current list of officers and directors if the applicant is a nonprofit organization.
(k) Class 11. Cabaret license. A cabaret license shall be general only but
shall exclude alcohol and shall authorize the sale of liquor for consumption on the
premises. A cabaret license shall be issued only for premises where food is
served, facilities for dancing by the patrons including a dance floor are provided,
and live or amplified recorded music or professional entertainment, except
professional entertainment by a person who performs or entertains unclothed, is
provided for the patrons; provided that professional entertainment by persons who
perform or entertain unclothed shall be authorized by:
(1) A cabaret license for premises where professional entertainment by
persons who perform or entertain unclothed was presented on a regular and
consistent basis immediately prior to June 15, 1990; or
(2) A cabaret license that, pursuant to rules adopted by the liquor commission,
permits professional entertainment by persons who perform or entertain
unclothed.
15
A cabaret license under paragraph (1) or (2) authorizing professional
entertainment by persons who perform or entertain unclothed shall be transferable
through June 30, 2000. A cabaret license under paragraph (1) or (2) authorizing
professional entertainment by persons who perform or entertain unclothed shall
not be transferable after June 301, 20001, except upon approval by the liquor
commission and pursuant to rules adopted by the commission. Notwithstanding
any rule of the liquor commission to the contrary, cabarets in resort areas may be
opened for the transaction of business until 4 a.m. throughout the entire week. A
cabaret license shall not be issued for any premises located within an apartment
mixed use subprecinct within a special improvement or special district in which
the economy is primarily based on tourism.
(1) Class 12. Hotel license. A license to sell liquor in a hotel shall authorize
the licensee to provide entertainment and dancing on the hotel premises and to
sell all liquor except alcohol for consumption on the premises; provided that a
hotel licensee, with commission approval, may provide off -premises catering of
food and liquor if the catering activity is directly related to the licensee's food
service.
Procedures such as room service, self-service no -host minibars or similar
service in guest rooms, and service at parties in areas that are the property of and
contiguous to the hotel are permuted with commission approval.
Any licensee who would otherwise fall within the hotel license class but holds
a different class of license may be required to apply for a hotel license.
If the licensee applies for a change of classification prior to July 30, 1992, the
licensee shall not be subject to the requirements of sections 281-52, 281-54, and
2 81-5 7 through 2 81-5 g .
Any licensee holding a class 12 license on May 1, 2007 who would otherwise
qualify for a class 15 license may apply to the liquor commission of the county in
which the licensee is seeking a change in liquor license for a change to a class 15
license; provided that the licensee shall not be subject to the requirements of
section 281-54 and sections 281-57 to 281-60.
If a licensee holding a class 12 license on May 1, 2007 applies for a change to
a class 15 license, the respective liquor commission shall hold a public hearing
upon notice. On the day of hearing or any adjournment thereof, the liquor
commission shall consider the application, accept all written or oral testimony for
or against the application, and render its decision granting or refusing the
application. If the application is denied, the class 12 license shall continue in
effect in accordance with law.
(m) Class 13. Caterer license. A general license may be granted to any
applicant who serves food as part of their operation for the sale of liquor other
than alcohol while performing food catering functions off the premises.
No catering service for the sale of liquor shall be performed off the licensee's
premises unless prior written notice of the service has been delivered to the office
of the liquor commission of the county concerned. The notice shall state the date,
time, and location of the proposed event and shall include a written statement
signed by the owner or representative of the property that the function will be
subject to the liquor laws and to inspection by investigators.
(n) Class 14. Brewpub license. A brewpub licensee:
(1) May sell malt beverages and beer manufactured on the licensee's premises
for consumption on the premises;
(2) May sell malt beverages and beer manufactured by the licensee in
brewery -sealed packages to class 3 wholesale dealer licensees pursuant to
conditions imposed by the county by ordinance or rule;
(3) May sell intoxicating liquor purchased from a class 3 wholesale dealer
licensee to consumers for consumption on the licensee's premises. The categories
of establishments shall be as follows:
(A) A standard bar; or
(B) Premises in which live entertainment or recorded music is provided.
Facilities for dancing by the patrons may be permuted as provided by commission
rules;
(4) May, subject to federal labeling and bottling requirements, sell malt
beverages and beer manufactured on the licensee's premises to consumers in
brewery -sealed kegs and recyclable or reusable containers and sell malt beverages
and beer manufactured on the licensee's premises or purchased from a class 1
manufacturer licensee, a class 3 wholesale dealer licensee, a class 14 brewpub
licensee, or a class 18 small craft producer pub licensee to consumers in growlers
for off -premises consumption; provided that for purposes of this paragraph,
"growler" means a recyclable or reusable container that does not exceed one
gallon and is securely sealed on the licensee's premises;
(5) Shall comply with all requirements pertaining to class 4 retail dealer
licensees when engaging in the retail sae of malt beverages and beer;
(6) May, subject to federal labeling and bottling requirements, sell malt
beverages and beer manufactured on the licensee's premises in brewery -sealed
containers directly to class 2 restaurant licensees, class 3 wholesale dealer
licensees, class 4 retail dealer licensees, class 5 dispenser licensees, class 6 cub
licensees, class 8 transient vessel licensees, class g tour or cruise vessel licensees,
class 10 special licensees, class 11 cabaret licensees, class 12 hotel licensees,
class 13 caterer licensees, class 14 brewpub licensees, class 15 condominium
hotel licensees, class 18 small craft producer pub licensees, and consumers
pursuant to conditions imposed by county ordinances or rules governing class 1
manufacturer licensees and class 3 wholesale dealer licensees;
(7) May conduct the activities under paragraphs (1) to (6) at locations other
than the licensee's primary manufacturing premises; provided that:
(A) The manufacturing takes place in Hawaii;
(B) Each of the other locations:
(i) operates within the State under the same trade name for the premises;
and
(ii) Is properly licensed within the county of its operation as a class 1
manufacturer licensee, class 2 restaurant licensee, class 4 retail dealer licensee,
class 5 dispenser licensee, class 12 hotel licensee, class 14 brewpub licensee, or
class 18 small craft producer pub licensee;
(C) The county liquor commission of the county in which the licensee
satellite is located shall have jurisdiction of the satellite; and
(D) All requirements of the license class of the location shall be in effect as
required by the county liquor commission for the satellite licensed premises; and
(8) May allow minors, who are accompanied by a parent or legal guardian of
legal drinking age, on the licensee's premises.
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(o) Class 15. Condominium hotel license. A license to sell liquor in a
condominium hotel shall authorize the licensee to provide entertainment and
dancing on the condominium hotel premises and to sell all liquor except alcohol
for consumption on the premises; provided that a condominium hotel licensee,
With commission approval, may provide off -premises catering; provided further
that the catering activity is directly related to the licensee's operation as a
condominium hotel.
Procedures such as room service, self-service no -host minibars or similar
service in apartments, and service at private parties in areas that are the property
of and contiguous to the condominium hotel are permuted With commission
approval .
A condominium hotel licensee shall not sell liquor in the manner authorized by
a class 4 retail dealer license.
Any licensee Who Would otherwise meet the criteria for the condominium hotel
license class but holds a different class of license may be required to apply for a
condominium hotel license.
(p) Class 16. Winery license. A Winery licensee:
(1) Shall manufacture not more than twenty thousand barrels of Wine on the
licensee's premises during the license year;
(2) May sell Wine manufactured on the licensee's premises for consumption on
the premises;
(3) May sell Wine manufactured by the licensee in winery -sealed packages to
class 3 Wholesale dealer licensees pursuant to conditions imposed by the county
by ordinance or rule;
(4) May, subject to federal labeling and bathing requirements, sell Wine
manufactured on the licensee's premises in Winery -sealed kegs and magnums to
consumers for off -premises consumption; provided that for purposes of this
paragraph, "magnum" means a glass container not to exceed one half -gallon,
Which may be securely sealed;
(5) May, subject to federal labeling and bottling requirements, sell Wine
manufactured on the licensee's premises in recyclable containers provided by the
licensee or by the consumer Which do not exceed one gallon per container and are
securely sealed on the licensee's premises to consumers for off -premises
consumption;
(6) Shall comply With all rules pertaining to class 4 retail dealer licensees
When engaging in the retail sae of Wine; and
(7) May sell Wine manufactured on the licensee's premises in Winery -sealed
containers directly to class 2 restaurant licensees, class 3 Wholesale dealer
licensees, class 4 retail dealer licensees, class 5 dispenser licensees, class 6 cub
licensees, class 8 transient vessel licensees, class g tour or cruise vessel licensees,
class 10 special licensees, class 11 cabaret licensees, class 12 hotel licensees,
class 13 caterer licensees, class 14 breWpub licensees, class 15 condominium
hotel licensees, and class 18 small craft producer pub licensees pursuant to
conditions imposed by county planning and public Works departments and rules
governing class 3 Wholesale dealer licensees.
(q) Class 17. Bring -your -oven -beverage license. In counties having a
population in excess of 500,000, there is established a class 17 license; provided
that in a county having a population of 500,000 or less, the respective commission
0
may establish a class 17 license to which this subsection shall apply.
(1) A general license of this class shall authorize the licensee to permit patrons
to bring their oven liquors for consumption on the premises between the hours of
6:00 a.m. to 2:00 a.m. the following day. A licensee under this class shall be
issued a license according to the category of establishment the licensee ovens or
operates. The categories of establishments shall be as follows:
(A) Premises in which recorded music and live entertainment, including
karaoke, are provided; or
(B) Premises in which recorded music and live entertainment, including
karaoke and dancing, are provided.
(2) If a licensee under this class desires to change the category of
establishment the licensee ovens or operates, the licensee shall apply for a new
license applicable to the category of the licensee's establishment.
(3) A licensee under this class shall not be subject to liquor commission rules
relating to percentage fees.
(r) Class 18. Small craft producer pub license. A small craft producer pub
licensee:
(1) Shall manufacture not more than:
(A) Seventy thousand barrels of malt beverages;
(B) Twenty thousand barrels of wine; or
(C) Seven thousand five hundred barrels of alcohol on the licensee's
premises during the license year;
provided that for purposes of this paragraph, "barrel" means a container not
exceeding thirty-one gallons or wine gallons of liquor;
(2) May sell malt beverages, wine, or alcohol manufactured on the licensee's
premises for consumption on the premises;
(3) May sell malt beverages, wine, or alcohol manufactured by the licensee in
producer -sealed packages to class 3 wholesale dealer licensees pursuant to
conditions imposed by the county by ordinance or rule;
(4) May sell intoxicating liquor purchased from a class 3 wholesale dealer
licensee to consumers for consumption on the licensee's premises. The categories
of establishments shall be as follows:
(A) A standard bar; or
(B) Premises in which live entertainment or recorded music is provided.
Facilities for dancing by the patrons may be permuted as provided by commission
rules;
(5) May, subject to federal labeling and bottling requirements, sell malt
beverages manufactured on the licensee's premises to consumers in producer -
sealed kegs and recyclable or reusable containers and sell malt beverages
manufactured on thelicensee's premises or purchased from a class 1 manufacturer
licensee, a class 3 wholesale dealer licensee, a class 14 brewpub licensee, or a
class 18 small craft producer pub licensee to consumers in growlers for off -
premises consumption; provided that for purposes of this paragraph, "growler"
means a recyclable or reusable container that does not exceed one gallon, which
shall be securely sealed;
(6) May, subject to federal labeling and bottling requirements, sell wine or
alcohol manufactured on the licensee's premises in recyclable containers provided
by the licensee or by the consumer which do not exceed:
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(A) one gallon per container for wine; and
(B) one liter for alcohol; and
are securely sealed on the licensee's premises to consumers for off -premises
consumption;
(7) Shall comply with all requirements pertaining to class 4 retail dealer
licensees when engaging in the retail sale of malt beverages, wine, and alcohol;
(8) May, subject to federal labeling and bottling requirements, sell malt
beverages, wine, and alcohol manufactured on the licensee's premises in
producer -sealed containers directly to class 2 restaurant licensees, class 3
wholesale dealer licensees, class 4 retail dealer licensees, class 5 dispenser
licensees, class 6 cub licensees, class 8 transient vessel licensees, class g tour or
cruise vessel licensees, class 10 special licensees, class 11 cabaret licensees, class
12 hotel licensees, class 13 caterer licensees, class 14 brewpub licensees, class 15
condominium hotel licensees, class 18 small craft producer pub licensees, and
consumers pursuant to conditions imposed by county ordinances or rules
governing class 1 manufacturer licensees and class 3 wholesale dealer licensees;
(9) May conduct the activities under paragraphs (1) to (8) at locations other
than the licensee's premises; provided that:
(A) The manufacturing takes place in Hawaii;
(B) Each of the other locations:
(i) operates within the State under the same trade name for the premises;
and
(ii) Is properly licensed within the county of its operation as a class 1
manufacturer licensee, class Z restaurant licensee, class 4 retail dealer licensee,
class 5 dispenser licensee, class 12 hotel licensee, class 14 brewpub licensee, or
class 18 small craft producer pub licensee;
(C) The county liquor commission of the county in which the licensee
satellite is located shall have jurisdiction of the satellite; and
(D) All requirements of the license class of the location shall be in effect as
required by the county liquor commission for the satellite licensed premises; and
(10) May allow minors, who are accompanied by a parent or legal guardian of
legal drinking age, on the licensee's premises.
(s) Restaurants, retail dealers, dispensers, clubs, cabarets, hotels, caterers,
brewpubs, condominium hotels, bring -your -own -beverage establishments, and
small craft producer pubs licensed under class 2, class 4, class 5, class 6, class 11,
class 121, class 131, class 141, class 151, class 171, and class 18 shall maintain at all
times liquor liability insurance coverage in an amount not less than $1,000,000;
provided that convenience minimarts holding a class 4 license shall not be
required to maintain liquor liability insurance coverage in that amount. Proof of
coverage shall be kept on the premises and shall be made available for inspection
by the commission at any time during the licensee's regular business hours. In the
event of a licensee's failure to obtain or maintain the required coverage, the
commission shall refuse to issue or renew a license or shall suspend or terminate
the license as appropriate. No license shall be granted, reinstated, or renewed
until after the required insurance coverage is obtained.
(t) It shall be unlawful for any retail licensee except a class 10 licensee to
purchase or acquire liquor from any person other than a wholesaler licensed
pursuant to this chapter, except as otherwise provided in this section.
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(u) Any provision to the contrary notwithstanding:
(1) A patron may remove from any class of licensed premises any portion of
wine, liquor, or beer that was purchased on or brought onto the premises of the
licensee engaged in meal service for consumption with a meal; provided that the
wine, liquor, or beer is recorked or resealed in its original container; and
(2) Licensees engaged in meal service may sell unopened beer, wine, and
prepackaged cocktails with food for pick up, delivery, take out, or other means to
be consumed off -premises.
(v) Sections 281-5 7 to 281-60 shall not apply to classes 8, g, 10, and 13.
§281-32 Licenses, temporary. (a) A temporary license of any
class and kind specified in section 281-31 may be granted under the following
conditions:
(1) The premises shall have been operated under a license of the same class,
kind, and category issued by the liquor commission at least one year immediately
prior to the date of filing of the application for a temporary license, except as
otherwise approved by the commission;
(2) The license of the same class, kind, and category then in effect for the
premises shall be surrendered in such manner and at such time as the commission
shall direct;
(3) The applicant for a temporary license shall have filed with the commission
an application for a license of the same class, kind, and category currently or
previously in effect for the premises;
(4) The application for a temporary license shall be accompanied by a license
fee in such amount as may be prescribed by the commission. If the application is
denied or withdrawn, the fee which accompanied the application shall become a
realization of the county;
(5) A temporary license shall be for a period of not in excess of one hundred
twenty days. The license may be renewed at the discretion of the commission for
not more than one additional one hundred twenty -day period upon payment of
such additional fee as may be prescribed by the commission and upon compliance
with all conditions required in this section and section 2 81-31. When a temporary
license has expired and no permanent license has been issued, the sale and service
of liquor shall cease until the permanent license is issued; provided that, when
applicable, the license shall be properly renewed;
(6) A temporary license shall authorize the licensee to purchase liquor only by
payment in currency, check, or certified check for the liquor before or at the time
of delivery of the liquor to the licensee, except as otherwise provided by
commission rule; and
(7) Sections 281-52 and 281-54 and sections 281-56 to 281-61 shall not apply
to any application for a temporary license.
(b) Notwithstanding any other lave to the contrary, the commission shall
reduce submission requirements, including the waiving of hearings, fees,
notarization of documents, submission of floor pans, and other requirements, to
provide for the issuance of temporary licenses for the sale of liquor for a period
not to exceed one day for fundraising events by nonprofit organizations. The
temporary license granted under this subsection to a nonprofit organization for a
fundraising event shall enable the nonprofit organization to auction off, at a live
21
or silent auction, liquor in sealed or covered glass, ceramic, or metal containers or
services that provide liquor. No criminal history record checks under section 281-
53.5 shall be required; provided that the commission may require a background
check on the executive director of the nonprofit organization.
For purposes of this subsection, "nonprofit organization" means those
charitable organizations recognized under state or federal law and exempt from
federal taxes under section 501(c)(3) of the Internal Revenue Code.
(c) The commission may adopt rules to implement this section.
§281-32.3 REPEALED.
§281-32.5 Permits for trade shows or other exhibitions.
Notwithstanding any other provision to the contrary, any trade exhibitor, trade
organization or other exhibitor shall apply to the liquor commission or agency
administrator for the issuance of a permit, without hearings, fees, notarizing of
documents, submission of floor plans, and other requirements, to receive liquor
from within or outside the State for display and sampling on a not -for -sale basis at
trade exhibitions, shows or other exhibitions, subject to such terms and conditions
as may be set by the commission.
§281-33 Special powers, privileges, and rights. The following
special powers, privileges, and rights are hereby granted, anything in this chapter
to the contrary notwithstanding:
(1) Any person arriving in the State may bring with the person for private use
and consumption and not for resale, any liquor not exceeding one gallon, and two
cases of beer not exceeding six gallons without securing a license;
(2) Any religious organization may import or receive into the State
sacramental wine for use in the religious rites of the religious organization
without securing a license;
(3) Any consul general, consul, or vice-consul of any foreign country may
import or receive into the State, for private use and consumption, any liquor
without securing a license.
§281-33.1 Individual permits to receive shipments of liquor. (a)
Notwithstanding any other provisions of law, any unlicensed adult person may
apply to the liquor commission and be issued, for a nominal fee, except as
hereinafter provided, a permit to receive a single shipment of liquor from outside
the State, not to exceed five gallons, (19 liters), for use and consumption by the
applicant and the applicant's household and not for sale in any form.
(b) In the case of a shipment that the applicant shows is an unsolicited gift, the
quantities permitted to be received under subsection (a) shall be limited to 3.2
gallons (12 liters) in total of all kinds of liquor.
(c) In the case of a shipment in respect of which the applicant shows to the
liquor commission that the liquor was prior to the date of the application the
personal property of the applicant, formed a part of the applicant's household
goods, was used and stored outside the State, and was originally acquired (or
made by the applicant) outside the State, the quantity of wine, or other liquor
capable of aging and originating from grapes or other fruit, which shall be
22
permitted to be received under subsection (a) may exceed the limit there stated if
the commission finds that it is reasonable to do so consistent with the intent of
this statute to allow persons taking up residency in the State the free movement of
their household goods into this State.
(d) In the case of a shipment of wine or beer that is otherwise available in the
State, the permit shall not be issued unless the applicant pays a fee equal to the tax
that would be imposed by section 244D-4 upon the use of liquor having a
wholesale price equal to the price paid or to be paid by the applicant for the wine
or beer being shipped, and such fee shall be in lieu of the imposition by section
244D-4 of any tax upon the use of the wine or beer.
(e) Except in the case of applications meeting the requirements of subsection
(b), (c), or (d), the permit shall not be issued unless the applicant demonstrates to
the satisfaction of the liquor commission that each of the brands to be brought in
under the permit is otherwise unavailable in the State.
(f) No more than one permit may be issued pursuant to subsection (a) in
respect of any one household in any calendar year, and each applicant shall be
required to affirm, under penalty of perjury, that no member of the applicant's
household has previously received such a permit in the applicable calendar year.
(g) All such applications and shipments shall be in accordance with
regulations promulgated by the liquor commission.
(h) A common carrier to whom the permit is presented is authorized to make
delivery of the described shipment to the person named in the permit. Delivery of
such a shipment pursuant to the permit shall not be deemed to constitute a sale in
this State.
(i) An unlicensed adult shall not be required to obtain a permit under this
section to receive shipments of liquor pursuant to section 281-33.6.
§281-33.5 REPEALED.
§281-33.6 Direct shipment of wine by wineries. (a) Any person
holding:
(1) A general excise tax license from the department of taxation; and
(2) Either:
(A) A class 1, class 16, or class 18 license to manufacture wine under
section 281-31; or
(B) A license to manufacture wine issued by another state,
may pay any applicable fees and obtain a direct wine shipper permit from the
liquor commission of the county to which the wine will be shipped authorizing
the holder to directly ship wine to persons in the county pursuant to this section.
(b) The holder of a direct wine shipper permit may sell and annually ship to
any person twenty-one years of age or older in the county that issued the permit,
no more than six nine -liter cases of wine per household for personal use only and
not for resale, and shall:
(1) Ship wine directly to the person only in containers that are conspicuously
labeled with the words:
"CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS
OR OLDER REQUIRED FOR DELIVERY.";
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(2) Require that the carrier of the shipment obtain the signature of any person
twenty-one years of age or older before delivering the shipment;
(3) Report no later than January 31 of each year to the liquor commission in
each county where a direct wine shipper permit is held, the total amount of wine
shipped to persons in the county during the preceding calendar year;
(4) Pay all applicable general excise and gallonage taxes. For gallonage tax
purposes, all wine sold under a direct wine shipper permit shall be deemed to be
wine sold in the State; and
(5) Be subject to audit by the liquor commission of each county in which a
permit is held.
(c) The holder of a license to manufacture wine issued by another state may
annually renew a direct wine shipper permit by providing the liquor commission
that issued the permit with a copy of the license and paying all required fees. The
holder of a class 1, class 161, or class 18 license to manufacture wine under section
281-31 may renew a direct wine shipper permit concurrently with the class 1
license by complying with all applicable laws and paying all required fees.
(d) The sale and shipment of wine directly to a person in this State by a person
that does not possess a valid direct wine shipper permit is prohibited. Knowingly
violating this law is a misdemeanor.
(e) The liquor [commission] in each county may adopt rules and regulations
necessary to carry out the intent and purpose of this section.
§281-33.8 Reporting of shipments by carriers. (a) Notwithstanding
section 281-331, any express carrier company, common or contract carrier, except
water carriers as defined and regulated by the Surface Transportation Board of the
United States, or other person that transports liquor from outside the State for
delivery in the State to any person, except those having a class 1 manufacturer
license or class 3 wholesale dealer license, shall prepare and file a monthly report
with the liquor commission or liquor control adjudication board of each county.
The report shall contain the following information:
(1) The known wine, beer, alcohol, or other liquor shipments made
statewide containing the name of the express carrier company, common or
contract carrier, or other person making the report;
(2) The period of time covered by the report;
(3) The name and business address of the consignor of the wine, beer,
alcohol, or other liquor;
(4) The name and address of each consignee of the wine, beer, alcohol,
or other liquor;
(5) The weight of the package delivered to each consignee;
(6) A unique tracking number; and
(7) The date of each delivery.
(b) Reports received by a county liquor commission or liquor control
adjudication board under this section shall be subject to chapter 92F .
(c) Any county liquor commission or liquor control adjudication board
may provide reports received to any other department or agency.
(d) Upon written request of a county liquor commission or liquor
control adjudication board, the information or records supporting the report shall
24
be filed with the requesting liquor commission or liquor control adjudication
board within thirty days. Any records containing information relating to reports
shall be preserved for three years.
(e) The liquor commission or liquor control adjudication board in each
county may adopt rules pursuant to chapter 91 necessary to carry out the purposes
of this section.
§281-34 Sham operation under club license; supervision.
Whenever the liquor commission is of the opinion that any holder of a club
license is not conducting the business under such license in good faith, or that the
premises thereof are not continuously kept suitably arranged, furnished, equipped,
and actually and reputably operated as a club, or that the apparent or claimed
manner of operation of the club as such is only nominal or pretended or amounts
to a sham or subterfuge under which liquor is being sold as the principal object of
the club, the license may be summarily suspended pending a hearing why it
should not be revoked.
§281-35 Special conditions, club licenses. [(a)] No liquor shall be
sold under a club license to any person not a member of the club nor a guest
thereof enjoying the privileges of membership, but a member or a guest enjoying
the privileges of membership may purchase liquor for consumption on the
premises by the person's own guests.
[(b)] The liquor commission may by rule require the keeping and posting of
lists of the members of a club, and the keeping and production of records as to
membership and the registration of guests enjoying the privileges of membership.
[(c)] No liquor shall be sold or kept for sale at any club except by the club
itself pursuant to its license. If any liquor is sold or kept on the club premises for
sale or barter by any member, employee, or person other than the club itself, the
club shall be deemed to be selling without a license.
§281-35.5 Special conditions; condominium hotel licenses. A
condominium hotel operator shall submit to the commission a copy of the
information on the initial application for registration of the condominium hotel
operator approved by the real estate commission pursuant to section 467-30, if the
condominium hotel operator is required to be registered with the real estate
commission. The condominium hotel operator shall maintain for inspection at the
condominium hotel by any authorized employee of the commission a list of the
units being utilized for transient lodgings from time to time as part of the
condominium hotel.
§281-36 REPEALED.
§281-37 Sales of alcohol. No alcohol shall be sold, bartered, or
otherwise furnished by any person whether holding a license to manufacture or
sell the same under this chapter or not, except to a person holding a license to
resell the same, or to a person holding a purchase permit from the liquor
commission to purchase the same.
Permits to purchase alcohol may be issued by the commission, without
25
fee or charge therefor, to any person holding a license under the laws of the State
to sell poisonous drugs, or to any person who in the opinion of the commission
requires the use thereof for pharmaceutical or other purposes in the bona fide
treatment of patients of such person, or for rubbing, cleansing, or as a
preservative, or for any bona fide scientific purpose, but in no case for use for
beverage purposes.
On every sale of alcohol the seller, after first being satisfied that the
person presenting a permit is the person therein named, shall make a record on the
permit and sign the same showing the name of the purchaser, the date, the
quantity sold, and the purpose declared as to the intended use thereof. The seller
shall also keep a separate record of the same matters. If in any permit there is a
prescribed limit as to the quantity purchasable thereunder at any one time or in the
aggregate in any given period of time, the permit shall not be honored beyond its
terms .
The commission, by rules and regulations, where deemed appropriate,
may provide for the sale of alcohol upon prescriptions of duly licensed physicians
in lieu of the permits above mentioned.
§281-38 Conditions of licenses. Every license issued under this
chapter shall contain the condition that it is subject to this chapter and any other
laws applicable to the business of the licensee, whether in existence at the time of
issue of such license or enacted or amended from time to time thereafter, and to
all applicable rules and regulations of the liquor commission as the same may
exist or be adopted or changed from time to time.
§281-39 Place of business; exception; solicitors' and
representatives' permits. (a) A license issued under this chapter shall authorize
the doing of the business licensed only at the place described in the license, which
shall be known as the licensed premises, except:
(1) In case of a removal with the prior written consent of the liquor
commission indorsed on the license, or outside warehousing which may be
located off the licensed premises with prior written consent of the liquor
commission;
(2) That the units that are used to provide transient lodging under a class 15
license may change from time to time; provided that the condominium hotel
operator shall submit quarterly to the commission the list of units being utilized as
part of the condominium hotel and maintain a current I ist pursuant to section 281-
35.5 at a condominium hotel for inspection by any authorized employee of the
commission; and
(3) Any provision to the contrary notwithstanding, that a licensee holding a
class 4 retail dealer license may deliver a customer's purchased liquor to the
customer's vehicle located at a nearby curbside or other designated location.
(b) Except for a condominium hotel operator under a class 15 license, no
change of premises under any issued license shall be allowed unless the doing of
business on the new premises is authorized in the same manner as provided by
this chapter for approval of any original premises; provided that the holder of any
manufacturer's license or a wholesale dealer's license issued by the commission of
any county may, through authorized solicitors or representatives, solicit and take
orders for direct shipment of liquor in permitted quantities in any other county.
(c) Any person desiring to act as the authorized solicitor or representative of a
manufacturer or wholesale dealer in any county shall make application to the
commission of such county in which the person proposes to act for a permit to act
as such.
(d) The application shall state the name of the applicant, the applicant's age,
res i denc e, and place of business, the name and address of the manufacturer or
wholesale dealer the applicant represents and shall be accompanied by a statement
from the manufacturer or wholesale dealer to the effect that the applicant has been
appointed as its solicitor or representative. All sales and all orders taken for
liquor by any such solicitor or representative shall be subject to the rules and
regulations of the commission for the county within which the sales are made or
orders taken. No solicitor or representative shall be permitted to have, oven, or
control any liquor for sale.
§281-39.5 Liquor license prohibited; where. (a) The liquor
commission or agency of each county may deny or restrict the issuance of a liquor
license for on -site sale and consumption by the drink to any applicant whose
establishment is or would be located within five hundred feet of a public or
private elementary, intermediate, or high school, or public playground utilized
extensively by minors, as determined by the liquor commission of each county;
provided that the liquor commission or agency of each county shall deny the
issuance of a liquor license if forty per cent of the:
(1) Registered voters for the area within five hundred feet of the nearest point
of the premises for which the license is asked; or
(2) Owners and lessees of record of real estate and owners of record of shares
in a cooperative apartment within five hundred feet of the nearest point of the
premises for which the license is asked;
have duly filed or caused to be filed their protests against granting the license.
The distance of five hundred feet shall be measured from the boundary of the
school or public playground to the boundary of the applicant's premises. Public
or private beaches, and public or private day care centers located in or adjacent to
commercial areas shall not be deemed schools or public playgrounds for purposes
of this section. The provisions of this section shall not apply to establishments
located within areas designated by the appropriate counties for resort purposes, or
to hotel or condominium hotel liquor license applicants.
(b) This section shall apply only to the issuance of new liquor licenses for on -
site sae and consumption by the drink and not to any renewal of such licenses.
§281-40 unlicensed liquor. No licensee shall have or keep any
liquor whatever, for sae or consumption, on or in connection with the licensee's
licensed premises except as authorized by the licensee's license. Any
unauthorized liquor found thereon shall be subject to summary seizure,
confiscation, and forfeiture, and may be disposed of as hereinafter provided..
§281-41 Transfer of licenses; notice of change in officers,
directors, and stockholders of corporate licenses, partners of a partnership
license, and members or managers of a limited liability company license;
27
penalty. (a) No license issued under this chapter to an original applicant or to
any transferee shall be transferable or be transferred within one year of the
issuance or transfer, except for good cause shown to the satisfaction of the liquor
commission. A transfer of license shall be for the same class, kind, and category
of license. No license issued under this chapter shall be transferable or be
transferred except upon written application to the commission by the proposed
transferee, and after prior inspection of the premises, reference to, and report by
an inspector, and a public hearing held by the commission not less than fourteen
days after one publication of notice thereof, but without sending notice of the
hearing by mail to persons being the owners or lessees of real estate situated
within the vicinity of the premises and without the right to the owners or lessees
to protest the transfer of a license. Exceptions are class 5 and 11 licensees who
shall comply with the requirements as set forth in sections 281-5 7 to 2 81-60.
Notwithstanding any provision of this chapter to the contrary, a class 2 license
shall be transferrable; provided that the transferee certifies that the transferee
intends to and shall derive no less than thirty per cent of the establishment's gross
revenue from the sale of foods.
(b) A county may increase the requirements for transfers of class 5, category
(1)(B) and (D), and class 11 licenses by ordinance designating one or more areas
within the county as special liquor districts and specifying the requirements
applicable to transfers of any of these licenses within each district.
(c) For the purpose of this section, "special liquor district" means an area
designated by a county for restoration, reservation, historic preservation,
redevelopment, rejuvenation, or residential protection, in which development is
guided to protect or enhance the physical and visual aspects of the area for the
benefit of the community as a whole.
(d) Where a license is held by a partnership, the commission may,
notwithstanding any other provision of this section, approve the transfer of the
partnership interest, without publication of notice at a public hearing, to any
remaining partner or partners, upon the death or withdrawal of a partner of the
partnership, or to a trust of which the partner is the trustee.
(e) Where a license is held by a partnership, limited partnership, or limited
liability partnership, the admission or withdrawal of a partner, limited partner, or
partner of a limited liability partnership shall not be deemed a transfer of the
license; provided that the licensee shall, within thirty days from the date of the
admission or withdrawal, so notify the commission in writing, stating the name of
the partner, limited partner, or partner of a limited liability partnership who has
been admitted or withdrawn, and any other information as may be required by the
commission. If the commission finds that the partner or limited partner for whom
notification is required as specified in this subsection does not meet statutory
requirements to hold a license in the partner's or limited partner's own right
pursuant to section 281-45, it may, in its discretion, revoke the license or suspend
the license until the partner or limited partner is removed or replaced by a partner
or limited partner who meets the statutory requirements to hold a license pursuant
to section 281-45 .
(f) Except as otherwise provided in this section, the same procedure shall be
followed in regard to the transfer of a license as is prescribed by this chapter for
obtaining a license. Sections 281-51 to 281-60, except where inconsistent with
this section, are applicable to the transfers. The word "applicant", as used in
sections 281-51 to 281-601, shall include each proposed transferee, and the words,
"application for a license or for the renewal of a license", as used in those
sections, shall include an application for the transfer of a license.
(g) Upon the hearing, the commission shall consider the application and any
objections to the granting thereof and hear the parties in interest. It shall inquire
into the propriety of each transfer and determine whether the proposed transferee
is a fit person to hold the license. It may approve a transfer or refuse to approve a
transfer and the refusal by the commission to approve a transfer shall be final and
conclusive, unless an appeal is taken as provided in chapter g 1.
(h) If any licensee without prior approval, approval of a temporary license, or
approval of a management agreement transfers to any other person the licensee's
business for which the licensee's license was issued', either openly or under any
undisclosed arrangement, whereby any person, other than the licensee, comes into
exclusive possession or control of the business or takes in any partner or associate
who would not meet statutory requirements to hold a license pursuant to section
281-451, the commission may in its discretion suspend or cancel the license. For
purposes of this subsection, "management agreement" means a written agreement
under which a licensee allows a manager to manage and operate the licensee's
business on behalf of the licensee.
(i) If the licensee is a corporation or limited liability company, a change in
ownership of any outstanding capital stock or membership interest shall not be
deemed a transfer of a license; provided that, in the case of a change in ownership
of twenty-five per cent or more of the voting capital stock or membership interest
or in the case of change in ownership of any number of shares of the stock or
membership interest that results in the transferee thereof becoming the owner of
twenty-five per cent or more of the outstanding voting capital stock or
membership interest, the corporate or limited liability company licensee shall,
within thirty days of the date of the transfer, apply for the approval of the transfer
from the commission in writing. If the commission finds that the transferee does
not meet statutory requirements to hold a license in the transferee's own right
pursuant to section 2 81-45 , it shall not approve the transfer. If any transfer is
made without the approval of the commission, the commission may in its
discretion revoke or suspend the license until it determines that the transferee
meets the statutory requirements to hold a license, and if the commission finds
that the transferee does not meet the statutory requirements to hod a license, until
a retransfer or new transfer of the capital stock or membership interest is made to
a person who meets the statutory requirements to hold a license pursuant to
section 281-45 . In addition, the corporate or limited liability company licensee, if
not a publicly -traded company, or an entity ultimately solely owned by a publicly -
traded company, shall, within thirty days from the date of election or admission of
any officer, director, manager, or member, notify the commission in writing of the
name, age, and place of residence of the officer, director, manager, or member,
and any other information as may be required by the commission. A publicly -
traded corporation or limited liability company, or a corporation or limited
liability company ultimately solely owned by a publicly -traded company, shall,
within thirty days from the date of election or admission of any replacement of an
officer, director, manager, or member designated as a primary decision -maker
29
regarding the purchase and sale of liquor, notify the commission in writing of the
name, age, and place of residence of the officer, director, manager, or member. If
the commission finds that the officer, director, manager, or member for whom
notification is required to be given as specified in this subsection, does not meet
statutory requirements to hold a license in the officer's, director's, manager's, or
member's own right pursuant to section 281-45, it may in its discretion revoke the
license or suspend the license until the officer, director, manager, or member is
removed or replaced by a person who meets statutory requirements to hold a
license pursuant to section 2 81-4 5.
0} If a licensee closes out the business for which the license is held, during the
term for which the license was issued, the licensee shall, within five days from the
date of closing the same, give the commission written notice thereof and
surrender the licensee's license for cancellation, unless the licensee obtains prior
approval from the commission to place its license with the commission for
safekeeping. For the purposes of this subsection, "safekeeping" means the
holding of a liquor license at the commission office while the licensee is not
operating.
(k) The conversion of an entity into any other form of entity or the merger of
any entity with any other entity shall not be deemed a transfer of the license;
provided that the licensee, within thirty days of the conversion or merger, shall
apply for and secure the approval of the commission without any requirement for
publication of notice. The foregoing shall not preclude compliance with
subsection (e) upon a change in any of the partners or with subsection (i) upon
change of any shareholders, officers, directors, managers, or members of any
entity occurring concurrently with a conversion or merger.
As used in this subsection, "entity" means a corporation, partnership, limited
partnership, limited liability partnership, or limited liability company.
(1) Any officer, director, partner, limited partner, manager, or member not
designated as a primary decision -maker shall be prohibited from coercing,
pressuring, or otherwise unduly influencing the decision of a designated primary
decision -maker to engage in any unlawful activity relating to the purchase and
sale of liquor. If the commission finds that coercion, pressure, or other undue
influence has been placed on a primary decision -maker by any officer, director,
manager, or member who is not a designated primary decision -maker, the
commission may in its discretion suspend or cancel the license.
§281-42 Manufacturers and wholesale dealers, special
restrictions. (a) It shall be unlawful for any person holding a manufacturer's
license or a wholesale dealer's license to induce the purchases of a retail licensee
by:
(1) Acquiring or holding any interest in any license of a retail licensee;
(2) Acquiring any interest in the real or personal property owned, occupied, or
used by a retail licensee in the conduct of its business, unless the holding of the
interest is permuted under the regulations of the liquor commission or a statement
thereof has been filed with the commission and has not been disapproved by the
commission;
(3) Furnishing, giving, renting, lending, or selling to a retail licensee any
equipment, fixtures, signs, supplies, money, services, or other thing of value,
WEI
subject to the exceptions contained in subpart D of the "tied house" regulations of
the Bureau of Alcohol, Tobacco and Firearms of the United States Treasury
Department, [title] 27 Code of Federal Regulations part 6 (1988), as may be
amended;
(4) Paying or crediting a retail licensee for any advertising, display, or
distribution service, whether or not the advertising, display, or distribution service
received is commensurate with the amount paid by the retail licensee; provided
that this paragraph shall not prohibit representatives of manufacturers and
wholesalers from creating and maintaining displays and point of purchase sales
materials, or from stocking shelves and cold boxes;
(5) Guaranteeing any loan or the repayment of any financial obligation of a
retail licensee;
(6) Extending credit to the retail licensee for a period of time in excess of
thirty days from the date of invoice;
(7) Requiring a retail licensee to take and dispose of any quota of liquor; or
(8) Requiring a retail licensee to purchase one product in order to purchase
another product. This includes combination sales if one or more products may be
purchased only in combination with other products and not individually; provided
that a manufacturer or wholesale dealer shall not be prohibited from selling at a
special combination price, two or more kinds or brands of products to a retail
licensee if:
(A) The retail licensee has an option of purchasing either product at the
usual price; and
(B) The retail licensee is not required to purchase any product it does not
want.
(b) It shall be unlawful for any person holding a manufacturer's or wholesale
dealer's license:
(1) To sell any liquor at wholesale prices without invoicing the vendee's
license number, except where the vendee, although authorized to resell, is not
required by law to hold a license, in which case the invoice shall fully indicate the
vendee's identity; or
(2) To sell any liquor, except for cash or by receiving payment in advance of
delivery, to any retail licensee who has not paid in full for all previous purchases
of liquor from such manufacturer or wholesaler by the expiration of the thirtieth
day from the date of the invoice for such liquor.
(c) In construing subsection (a), the courts and the liquor commission shall
follow the rules', regulations, and decisions of the Bureau of Alcohol, Tobacco
and Firearms of the United States Treasury Department and the federal courts in
interpreting section 5(b) of the Federal Alcohol Administration Act, as the same
may be changed from time to time.
§281-43 REPEALED.
§281-44 Advertisements and signs upon licensed premises. (a)
All licensed premises shall post a sign in or about the premises containing and
notifying all customers and other persons of the possible sanctions that may be
imposed for operating a vehicle under the influence of an intoxicant under
sections 291E-41 and 291E-61. The sign shall be conspicuously positioned in
31
order to be seen by an ordinarily observant person.
(b) The liquor commission may prescribe the character and extent of all other
advertisements, posters, or signs which may be posted or maintained in or about
the licensed premises.
§281-45 No license issued, when. No license shall be issued under
this chapter:
(1) To any minor or to any person who has been convicted of a felony and not
pardoned; provided that the commission may grant a license under this chapter to
a corporation or limited liability company that has been convicted of a felony
where the commission finds that the corporation's officers, directors, and
shareholders of twenty-five per cent or more of outstanding stock meet the
statutory requirements to hold a license;
(2) To a corporation the officers and directors of which, or any of them, would
be disqualified under paragraph (1) from obtaining the license individually, or a
stockholder of which, owning or controlling twenty-five per cent or more of the
outstanding capital stock, or to a general partnership, limited partnership, limited
liability partnership, or limited liability company whose partner or member
holding twenty-five per cent or more interest of which, or any of them would be
disqualified under paragraph (1) from obtaining the license individually; provided
that for publicly -traded corporations and limited liability companies or
corporations or limited liability companies ultimately solely owned by a publicly -
traded company, only the officers, directors, managers, or members designated as
primary decision -makers shall be considered to determine disqualification under
paragraph (1);
(3) Unless the applicant for a license or a renewal of a license, or in the case
of a transfer of a license, both the transferor and the transferee, present to the
issuing agency a tax clearance certificate from the department of taxation showing
that the applicant or the transferor and transferee do not owe the state government
any delinquent taxes, penalties, or interest; or that the applicant, or in the case of a
transfer of a license, the transferor or transferee, has entered into an installment
plan agreement with the department of taxation for the payment of delinquent
taxes in installments and that the applicant is or the transferor or transferee is, in
the case of a transfer of a license, complying with the installment plan agreement;
provided that when the applicant or the transferor or transferee, in the case of a
transfer of a license, is validly challenging a tax assessment, penalty, or other
proceeding that prevents the issuance of a signed certificate from the appropriate
federal or state tax agency, the commission shall issue a license that is valid for
the period of time necessary to resolve the challenge;
(4) To an applicant for a class 2, class 4 except for convenience minimarts,
class 51, class 61, class 111, class 121, class 131, class 141, class 151, class 171, or class 18
license unless the applicant for issuance of a license or renewal of a license, or in
the case of a transfer of a licensel both the transferor and the transferee, present to
the issuing agency proof of liquor liability insurance coverage in an amount of
$ 11,0001,000; or
(5) To any applicant who has had any liquor license revoked less than two
years previous to the date of the application for any like or other license under this
chapter.
32
§281-46 Pool buying. (a) No holder of a wholesale dealer's or
manufacturer's license shall refuse to sell liquor to two or more licensees pursuant
to any pool buying agreement between the licensees which has been filed with the
commission having jurisdiction over the licensees; provided that:
(1) The pool buying agreement is in writing and designates one of the
licensees as the agent of the others for the purpose of pool buying;
(2) Any order for pool buying from the holder of a manufacturer's or
wholesale dealer's license shall be placed by the agent and payment for that order
shall be made by the agent;
(3) The holder of a manufacturer's or wholesale dealer's license in selling to
the agent shall follow invoice, record keeping, and delivery procedures which are
in compliance with this chapter and the rules of the commission of each county
having jurisdiction over the seller; and
(4) Each pool buying transaction shall be completed on the day transacted,
and where the pool buying agreement is between or among licensees from
different counties, the transaction shall be deemed completed when the product
has been delivered to a freight forwarder, water carrier or private trucking firm for
delivery to the licensees.
(b) As used in this section, "pool buying" means two or more licensees
sharing the cost of a single purchase of liquor.
(c) Nothing in this section shall be deemed to exempt any licensee entering
into any pool buying agreement from any antitrust laws.
§281-47 Standard bar; music and dancing available. Any
standard bar establishment may provide facilities for dancing by patrons,
including a dance floor and live or recorded music, if the establishment is located
in a commercial district and obtains the approval of the commission to provide
such services on a one time trial basis not to exceed ninety days; provided that the
music and dancing shall be allowed only during the trial period.
PART IV. PROCEDURE FOR OBTAINING LICENSE
§281-51 Prior inspection. No license shall be issued under this
chapter unless and until the liquor commission has caused to be made a thorough
inspection of the premises upon which the proposed business is to be conducted
and is satisfied as to its fitness and that all other general conditions and proposed
methods of operation under the license are such as are suitable for carrying on the
business in a reputable way. "In a reputable way" includes among other
considerations operating in such a manner that activities within the premises or in
such adjacent related outdoor areas such as parking lots or lanais will not create
noise in excess of standards contained in state or county noise or vibration codes
which intrudes into nearby residential units.
§281-52 Public hearing. No license shall be granted except after a
public hearing by the liquor commission upon notice as prescribed in this chapter;
provided that sections 281-57 to 281-60 shall not apply to the holder of a
restaurant general license, a wholesale general license, a retail general license, or
a dispenser's general license, who applies for a different kind of license within the
33
class of the holder's existing license, on the same premises, or to the holder of a
cabaret license who applies for a dispenser license of any kind, on the same
premises, or to the holder of a dispenser's beer and wine license who applies for
dispenser's beer license, on the same premises, or to a licensee whose licensed
premises have been demolished and replaced by another building on the same
premises and who applies for the same or lesser kind of the same class of liquor
license previously held by the licensee on said premises.
§281-53 Application; penalty for false statements. Every
application for a license, the renewal of a license, or the transfer of a license shall
be in writing, signed, and, except for the renewal of a license, notarized by the
applicant, or in the case of a corporation or unincorporated association by the
proper officer or officers thereof, or if a partnership by a general partner thereof,
or if a limited liability partnership by a partner thereof, or if a member -managed
limited liability company by a member thereof, or if a manager -managed limited
liability company by a manager thereof, and shall be addressed to the liquor
commission, and set forth:
(1) The full name, age, and place of residence of the applicant; if a
copartnership, the names, ages, and respective places of residence of all the
partners; if a limited liability company, its full name and the names of all its
members; if a corporation or joint-stock company, its full name and the names of
its officers and directors, and the names of all stockholders owning twenty-five
per cent or more of the outstanding capital stock; if a publicly -traded company, or
an entity ultimately solely owned by a publicly -traded company, the names of the
officers designated as the primary decision -makers regarding the purchase and
sae of liquor; and if any other association of individuals, the names, ages, and
respective places of residence of its officers and the number of its members;
(2) A particular description of the place or premises where the proposed
license is to be exercised, so that the exact location and extent thereof may be
clearly and definitely determined therefrom;
(3) The class and kind of license applied for; and
(4) Any other matter or information pertinent to the subject matter, which may
be required by the rules of the commission.
If any false statement is knowingly made in any application that is not verified
by oath, the person or persons signing the application shall be guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in
section 281-102.
§281-53.5 County liquor commissions; criminal history record
check. (a) The respective county liquor commissions may request a criminal
history record check of an applicant for a liquor license in accordance with
section 846-2.7; provided that neither a criminal history record check nor
compliance with this section shall be required for the officers and directors of
publicly -traded companies or entities ultimately solely owned by a publicly -
traded company, who are not designated as primary decision -makers regarding
the sale or purchase of liquor. The criminal history record check, at a minimum,
shall require the applicant to disclose whether:
(1) The applicant has been convicted in any jurisdiction of a crime that would
tend to indicate the applicant may be unsuited for obtaining a liquor license; and
(2) The judgment of conviction has not been vacated.
For the purpose of this section, the criminal history disclosure made by the
applicant may be verified by the liquor commission by means of information
obtained through the Hawaii criminal justice data center. The applicant shall
provide the Hawaii criminal justice data center with personal identifying
information which shall include but not be limited to the applicant's name, social
security number, date of birth, and gender. This information shall be secured only
for the purpose of conducting the criminal history record check authorized by this
section.
(b) The applicant shall submit to the liquor commission:
(1) A statement signed under penalty of law as to whether the applicant has
ever been convicted of a crime other than a minor traffic violation;
(2) Written consent to request and obtain criminal history record information
for verification; and
(3) Permission to be fingerprinted.
(c) The liquor commission shall obtain criminal history record information
through the Hawaii criminal justice data center on the applicant. The information
obtained shall be used exclusively for the stated purpose for which it was obtained
and shall be subject to applicable federal laws and regulations currently or
hereafter in effect.
§281-54 Filing fees with application. A filing fee in such amount
as shall be established by the respective liquor commission shall be paid with any
application for an initial issuance of a license or for a transfer of a license.
Where a license is granted, the filing fee deposited with the application shall
become part payment of the fee required for such license. Where an application is
denied or withdrawn, the filing fee paid shall become a realization of the county.
§281-55 Reference to investigator. Upon the filing of any
application the administrator of the liquor commission shall indorse thereon the
date of filing thereof. If no patent disqualification of the applicant or certain valid
objection to the granting of the application is apparent initially and if all
requirements relative to the filing of the application appear to have been complied
with, the application shall be referred to the investigator for investigation.
§281-56 Report by investigator. (a) on every application referred
to the investigator under section 2 81-5 5 , the investigator shall report in writing to
the liquor commission and, if the application is for a license of any class other
than class 81, class g, or class 101, the report shall include:
(1) A description of the premises intended to become the licensed premises,
and the equipment and surrounding conditions, including the relationship to
surrounding residences that may share a common boundary or a common
structure with the premises proposed for licensing;
(2) If the application is made by a person who has held a prior license for the
same or any other premises within two years past, a statement as to the manner in
which the premises have been operated and the business conducted under the
previous license;
M
(3) The locality of any church, chapel, or school, if any, within a distance of
five hundred feet from the nearest point of the premises for which the license is
proposed to the nearest point of the church, chapel, or school grounds;
(4) The number, position, and distance from the premises, in respect of which
a license is applied for, of any other licensed premises of the same class in the
neighborhood;
(5) The number of licenses of the same class or kind already issued and being
lawfully exercised within the county;
(6) Whether or not the applicant is for any reason disqualified by this chapter
from obtaining or exercising a license; and whether or not the applicant has
complied with all the requirements of this chapter relative to the making and
filing of the applicant's application;
(7) For the next application by the same applicant for a license in the same
physical location that was previously denied, refused, or withdrawn, evidence, to
be provided by the applicant, of a substantial change in the circumstances that
caused the previous denial, refusal, or withdrawal; and
(8) The possible adverse effects the premises, after licensing, may have on the
surrounding community if the license application is for premises within a county
having a population of five hundred thousand residents or more.
(b) A copy of the report shall be furnished to the applicant not less than forty-
eight hours before any hearing is had upon the application. Upon written request,
a copy of the report shall be furnished to any requester.
(c) The applicant and any protester may challenge findings contained in the
investigator's report before or at any hearing on the application.
§281-57 Preliminary hearing; notice of public hearing. (a) Upon
the ding of the investigator's report upon any application the liquor commission
may hold a preliminary hearing and upon such preliminary hearing it may deny
the application. A notice of preliminary hearing on a previously denied, refused,
or withdrawn application shall be given seven days before the preliminary hearing
to any person who submitted a written request for notice.
(b) If no preliminary hearing is had or if the application is not denied upon a
preliminary hearing, the commission shall fix a day for the public hearing of the
application (other than an application for an alcohol license or a license in classes
8 to 10 and 13) and shall give public notice of the hearing at least once in each of
two consecutive weeks, in the county, the date of the hearing to be not less than
forty -eve days after the first notice. The notice shall require that all protests or
objections against the issuance of the license applied for shall be filed with the
administrator of the commission at or before the time of hearing. Before giving
the notice the commission shall collect from the applicant the cost of giving the
public notice or require a deposit to cover the same.
(c) Immediately upon the commission's fixing a day for the public hearing of
the application, the applicant shall mail a notice setting forth the time and place of
the hearing on the application to each of the following:
(1) Not less than two-thirds of the owners and lessees of record of real estate
and owners of record of shares in a cooperative apartment or to those individuals
on the list of owners as provided by the managing agent or governing body of the
shareholders association situated within a distance of eve hundred feet from the
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nearest point of the premises for which the license is asked to the nearest point of
such real estate or cooperative apartment; provided that in meeting this
requirement, the applicant shall mail a notice to not less than three -fourths of the
owners and lessees of record of real estate and owners of record of shares in a
cooperative apartment situated within a distance of one hundred feet from the
nearest point of the premises for which the license is asked. Notice by mail may
be addressed to the last known address of the person concerned or to the address
as shown in the current real property tax record of the person or the person's agent
or representative;
(2) In counties with a population of five hundred thousand or more, not less
than two-thirds of the registered voters residing within, and small businesses
situated within, a distance of five hundred feet from the nearest point of the
premises for which the license is asked; provided that in meeting this requirement,
the applicant shall mail notices to not less than three -fourths of the registered
voters residing within, and small businesses situated within, a distance of one
hundred feet from the nearest point of the premises for which the license is asked.
This paragraph shall not apply to applications for class 2, class 4, class 12, and
class 15 licenses. A notice sent pursuant to this paragraph shall be addressed to
the "occupant" of the residential unit or small business; and
(3) For each condominium project and cooperative apartment within the five
hundred -foot area, one notice of the hearing shall be sent by mail addressed "To
the Residents', Care of the Manager", followed by the name and address of the
condominium or cooperative apartment involved.
The notices required under this subsection shall be mailed at least forty-five days
prior to the date set for the hearing. No promotional information shall be allowed
on, or accompany the notice. Before the hearing, and within seven business days
of having mailed the notices, the applicant shall file with the commission an
affidavit that the notices have been mailed in compliance with this subsection. In
addition to the affidavit (which shall be made available within the same seven -
business -day period with proof of having mailed the notices), the applicant shall
include both a master list of one hundred per cent of addressees and addresses
required by paragraphs (1), (2), and (3), and another mailing list consisting of the
portion of addressees and their respective addresses who were mailed the notice
purposely needed to meet the requirements of paragraphs (1), (2), and (3). The
affidavit, master list, and mailing list shall be made available within seven
business days (of the mailing of the notice by the applicant) by the commission
for public review upon request. For purposes of this section, "master list" means
every owner and lessee who would otherwise be required to receive notice of the
public hearing according to the requirement of paragraphs (1), (2), and (3), even if
they were not actually included in the two -third or three -fourths requirement (as
the case may be) of paragraph (1) or (2), and every condominium project and
cooperative apartment qualifying in paragraph (3). When the requirements of this
section have not been met, the commission may cancel the hearing or continue the
public hearing subject to the provisions of this section.
(d) For purposes of this section, notice to one co-owner and one co -lessee of
real estate shall be sufficient notice to all co -owners and all co -lessees of that real
estate; and one notice is sufficient to an owner or lessee of multiple parcels;
except that one notice shall be sent to each individual unit of a cooperative
37
apartment as provided in this section.
§281-58 Protests. Protests against the granting of a license may be
filed by any person. Protests against the granting of a license upon such
application, which qualifies for an automatic refusal pursuant to section 281-39.5
or 2 81-5 9, may be so filed by any registered voter for the area within five hundred
feet of the nearest point at which the applicant proposes to establish or continue
the applicant's business under the license applied for, or by any owner or lessee of
record of real estate or by any owner of record of a share in a cooperative
apartment situated within a distance of five hundred feet from the nearest point of
the premises for which the license is asked to the nearest point of such real estate
or cooperative apartment.
§281-59 Hearing; rehearing. (a) Upon the day of hearing, or any
adjournment thereof, the liquor commission shall consider the application and any
protests and objections to the granting thereof, and hear the parties in interest.
The liquor commission shall accept all written or oral testimony for or against the
application whether the application is denied, refused, or withdrawn. Within
ninety days after the hearing, or within one hundred twenty days thereafter if in its
discretion the commission extends the ninety days to one hundred twenty days,
and gives public notice of same, the commission shall give its decision granting or
refusing the application; provided that if a majority of the:
(1) Registered voters for the area within five hundred feet of the nearest point
of the premises for which the license is asked; or
(2) owners and lessees of record of real estate and owners of record of shares
in a cooperative apartment within five hundred feet of the nearest point of the
premises for which the license is asked,
have duly filed or caused to be filed their protests against the granting of the
license, or if there appears any other disqualification under this chapter, the
application shall be refused. otherwise, the commission may in its discretion
grant or refuse the same.
For purposes of defining "a majority of the owners and lessees of record of real
estate and owners of record of shares in a cooperative apartment", each property
counts only once; provided that roadways shall not be included. A protest
submitted by the majority of the co -owners or the majority of the co -lessees of a
property shall constitute a protest by all the owners or lessees of record of that
property. A protest filed by owners or lessees who own more than one property
shall be counted for each property.
(b) The liquor commission shall make available to the applicant and any
protester for review before the public hearing, the protest list of those persons
who filed a protest or objection to the application; provided that the applicant
shall not use the protest list to attempt to influence in any way any protester to
withdraw the protest or objection. All applicants and protesters may submit
corrections', additions', and subtractions to the master list and the protest list at the
public hearing; provided that additions or corrections to the voter registration list
shall be certified by the clerk of the county. The liquor commission shall rule on
proposed corrections, additions, and subtractions and give reasons for the ruling.
(c) The commission may also, with like discretion:
(1) Grant a license to one person in preference to another, without reference to
any priority in the order of filing of the applications; and
(2) of its own motion, or on the suggestion of any member, or of the
investigator take notice of any matter or thing which in the opinion of a majority
of its members would be a sufficient objection to the granting of a license; but in
such case if the objection is one to which the applicant should be given a
reasonable time to answer, a continuance may be granted in the discretion of the
commission;
provided that in any case where any person affected by such decision petitions the
commission for a rehearing of the application and on oath alleges facts and
grounds for consideration which were not formerly presented or considered, or
any other matter of fact which in the judgment of the commission seems sufficient
to warrant a rehearing, such rehearing may be granted by the commission in its
discretion upon the publication of notice of rehearing at least seven days before
the date of the rehearing. When a rehearing is allowed notice shall be given to the
applicant and to the applicant's opponents, by publication or otherwise as the
commission shall direct.
§281-60 Further application. (a) Except as provided for in section
281-131) if an applicant has at any time been denied or refused a license, no further
application from the applicant pertaining to the same premises or building
location shall be considered for one year from the denial or refusal.
(b) If an application pertaining to a particular premises or building location is
denied, refused, or withdrawn, the next application from any applicant for that
premises or building location shall include a report prepared by the applicant
evidencing a substantial change in the circumstances that caused the previous
denial, refusal, or withdrawal. The commission shall deny the application at the
preliminary hearing unless the applicant submits evidence of a substantial change
in the circumstances that previously caused the denial, refusal, or withdrawal of
an application pertaining to that premises or building location. The commission
may consider the following factors in deciding whether to grant an application
pertaining to a premises or building location for which an application has
previously been denied, refused, or withdrawn:
(1) Whether a majority of the registered voters residing within five hundred
feet of the nearest point of the premises or building location for which the license
is asked, or a majority of the owners and lessees of record of real estate and
owners of record of shares in a cooperative apartment within five hundred feet of
the nearest point of the premises or building location for which the license is
asked, no longer oppose the granting of the license;
(2) Whether plans for the construction, building design, use, or operation of
the proposed establishment have been altered such that they will not conflict with
the character of the surrounding area. In evaluating the character of an area for
the purposes of this section, the commission may consider the following factors:
(A) The usual and existing types of business, residential, and recreational
uses and activities within the area;
(B) The proximity of residential areas;
(C) The population density of the area;
(D) The typical or ambient noise levels of the area;
(E) The motor vehicle traffic volume, congestion, and noise; and
(F) Any other factors that the commission finds relevant;
(3) Whether the neighborhood board for the area where the premises is located
has rendered a decision on the granting of the license;
(4) Whether the applicant is a fit and proper person to have a license; and
(5) Any other considerations deemed by the commission to affect the matter
of the application, the issuance, or the exercise of the license applied for.
§281-61 Renewals. (a) Other than for good cause, the renewal of
an existing license shall be granted upon the filing of an application; provided that
if:
(1) Complaints from the public;
(2) Reports from the commission's investigators; or
(3) Adjudications of the commission or the liquor control adjudication board,
indicate that noise created by patrons departing from the premises disturbs
residents on the street or of the neighborhood in which the premises are located,
or that noise from the premises or adjacent related outdoor areas such as parking
lots or lanais exceed standards contained in state or county noise codes or intrudes
into nearby residential units, the commission may deny the renewal application or
withhold the issuance of a renewed license until corrective measures meeting the
commission's approval are taken.
(b) The commission or board, pursuant to section 281-17, at the time of
renewal or at any time, may revoke, suspend, or place conditions or restrictions on
any license issued under this chapter for the purpose of preventing activities
within the licensed premises or adjacent areas that are potentially injurious to the
health, safety, and welfare of the public and neighborhood including but not
limited to criminal activity, including assault, drug dealing, drug use, or
prostitution, upon proper notice to the licensee, and a hearing before the
commission pursuant to chapter g 1.
(c) The commission or board shall deny renewal of a class 2, class 4, class 5,
class 61, class 11, class 121, class 131, class 141, class 151, class 171, or class 18 license
if the applicant for renewal fails to present proof of the liquor liability insurance
required by section 281-31(s).
§281-62 Reduction or increase in area of licensed premises. The
liquor commission may, in its discretion, permit the reduction or the increase in
the area of the licensed premises of any licensee without publication of notice at a
public hearing; provided that, where an increase in premises may significantly
impact the public, the commission may require hearings pursuant to sections 281-
39.5 and 2 81-5 7 to 2 81-60 . Whenever any reduction or increase is permitted, the
same shall be endorsed in some appropriate manner upon the license.
PART V. DUTIES of AND SiPERVISION OVER LICENSEE
§281-71 Posting of license. Every license issued and in effect
under this chapter shall at all times be conspicuously posted and exposed to view,
convenient for inspection, on the licensed premises. For failure thereof the
license may be suspended or revoked by the liquor commission or liquor control
MI
adjudication board.
§281-72 Condition of premises. All premises licensed or proposed
to be licensed shall be constructed, arranged, furnished, equipped, maintained,
and operated in such manner as may be prescribed by the liquor commission.
§281-73 Quality of liquor; penalty. No liquor at any time
manufactured or sold in the State shall be other than of a pure quality, according
to any applicable legal standard therefor under the laws of the United States,
unadulterated with any mixture of noxious, deleterious, or poisonous substance.
Any person who manufactures or sells any liquor of a quality or character
contrary to this section, shall be guilty of a misdemeanor and upon conviction
shall be punished as in section 281-102 provided.
§281-74 Labels on containers. All persons manufacturing any
liquor for sale under this chapter shall securely and permanently attach to every
container thereof, as the same is manufactured, a label stating the name of the
manufacturer or, in lieu thereof, if the manufacturer does business under another
name, stating such name, and stating the kind and quantity of liquor contained
therein. Every container containing liquor for sale by any person holding a
wholesale or retail license shall have securely and permanently attached to it such
a label. In addition to the foregoing requirements, all such labels shall conform in
all respects to the then existing federal laws and regulations regarding such labels.
Before attaching any label containing the name by which the manufacturer
does business, in lieu of the manufacturer's name, the manufacturer shall first
register such business name under chapter 482. The manufacturer shall furnish to
the liquor commission written confirmation of such registration and such other
information as may be deemed necessary or appropriate by the liquor commission
to enable it to establish and maintain records to properly identify the
manufacturer, its name or names by which it does business and the liquor
manufactured. The records so established and maintained shall be available for
public inspection.
§281-75 Analyses. Whenever the liquor commission or investigator
thereof has reason to believe or suspect, on complaint or otherwise, that any
liquor being manufactured or which is possessed or kept for sale by any licensee
is or may be impure or adulterated or otherwise not conformable to any lawful
requirement, the commission or investigator thereof or other person authorized in
writing by the commission or by the investigator may secure a sample thereof for
analysis. Upon such sample being obtained, as though by ostensible purchase or
otherwise, the person procuring the same shall immediately disclose to the
licensee the person's office or authority and purpose, and in case the procurer is a
person other than the commission or the investigator the procurer shall then
deliver to the licensee a copy of the written order for the procurement of the
sample. The bottle or other container containing the sample shall then and there
be sealed by the procurer thereof before being taken from the premises of the
licensee and the licensee may also attach the licensee's seal thereto.
The investigator shall cause the sample so obtained to be immediately
41
delivered with the seal or seas unbroken to the state department of health or some
competent analyst employed by the commission who shall make an analysis of the
liquor and shall send a certified report thereof to the investigator, who shall
immediately file the same with the commission's administrator.
If the sample analyzed is found pure and unadulterated and conformable with
all legal requirements for such liquor, the certificate referred to in the preceding
paragraph shall so state, and the commission shall pay to the licensee a sum equal
to the value of the sample, and if requested by the licensee the administrator shall
furnish the licensee a copy of the analysis.
If the certificate of analysis shoves the sample to be impure or adulterated or
contrary to any legal requirement the licensee shall be prosecuted for selling, or
offering for sale, or furnishing forbidden liquor in violation of this chapter.
§281-76 Tampering with samples; penalty. Any person who
tampers with any sample of liquor taken for analysis under this chapter shall be
fined not more than $21,000 or imprisoned not more than one year, or both.
§281-77 Refusal of samples; penalty. Any licensee who refuses to
deliver or accede to the taking of any sample of liquor for analysis upon
disclosure of the procurer's authority as provided by section 281-75 shall be fined
not more than $21,000.
§281-78 Prohibitions. (a) No person shall:
(1) Consume any liquor on any public highway, except as permitted in section
2g 1-3.4;
(2) Consume any liquor on any public sidewalk, including any sidewalk
within a public housing project;
(3) Consume any liquor on any common area of a public housing project; or
(4) Possess or keep, while on any sidewalk or common area within a public
housing project, any bottle, can, or other receptacle containing any intoxicating
liquor that has been opened, that has a broken seal, or the contents of which have
been partially removed.
For purposes of this subsection:
"Common area" means roofs, halls, corridors, lobbies, stairs, stairways, fire
escapes, entrances and exits of the building or buildings, basements, yards,
gardens, recreational facilities, parking areas, storage spaces, and other parts of
the project normally in common use or other areas designated by the Hawaii
public housing authority.
"Public housing project" means any state or federal public housing project as
defined in section 3 5 6D-1 or 3 5 6D -g 1 or a state ow -income housing project as
defined in section 3 5 6D-51.
(b) At no time under any circumstances shall any licensee or its employee:
(1) Sell, serve, or furnish any liquor to, or allow the consumption of any liquor
by:
(A) Any minor;
(B) Any person at the time under the influence of liquor;
(C) Any person known to the licensee to be addicted to the excessive use
of intoxicating liquor; or
42
(D) Any person for consumption in any vehicle that is licensed to travel on
public highways;
provided that the consumption or sae of liquor to a minor shall not be
deemed to be a violation of this subsection if, in making the sale or allowing the
consumption of any liquor by a minor, the licensee was misled by the appearance
of the minor and the attending circumstances into honestly believing that the
minor was of legal age and the licensee acted in good faith; provided further that
it shall be incumbent upon the licensee to prove that the licensee so acted in good
faith;
(2) Permit any liquor to be consumed on the premises of the licensee or on
any premises connected therewith, whether there purchased or not, except as
permitted by the terms of its license;
(3) Permit any liquor to be sold or served by any person eighteen to twenty
years of age except in licensed establishments where selling or serving the
intoxicating liquor is part of the minor's employment, and where there is proper
supervision of these minor employees to ensure that the minors shall not consume
the intoxicating liquor;
(4) Permit any liquor to be sold or served by any person below the age of
eighteen years upon any licensed premises, except in individually specified
licensed establishments found to be otherwise suitable by the liquor commission
in which an approved program of job training and employment for dining room
waiters and waitresses is being conducted in cooperation with the University of
Hawaii, the state community college system, or a federally sponsored personnel
development and training program, under arrangements that ensure proper control
and supervision of employees;
(5) Knowingly permit any person under the influence of liquor or disorderly
person to be or remain in or on the licensed premises;
(6) Fail to timely prevent or suppress any violent, quarrelsome, disorderly,
lewd, immoral, or unlawful conduct of any person on the premises; or
(7) Receive from a person, as payment or as a consideration for liquor, any
personal or household goods, including clothing and food, or any implements of
trade. Any person violating this paragraph shall be guilty of a misdemeanor and
upon conviction shall be punished as provided in section 2 81-1 D2 .
§281-78.5 Practices to promote excessive consumption of liquor;
prohibited. a) No person licensed to sell liquor for consumption on the premises
shall engage in practices which promote excessive consumption of liquor.
(b) The liquor commission shall adopt rules pursuant to chapter 91 to prohibit
specific liquor promotion practices which promote excessive consumption of
liquor; provided that any rules adopted by the counties related to the stacking of
liquor shall specify that:
(1) Stacking of beer shall be defined based on a standard serving size of total
volume; and
(2) A standard serving size of beer shall be defined as not exceeding a total
volume of thirty-two ounces before a customer at any one time.
(c) Any person who violates this section or any rule adopted by the
commission pursuant to this chapter shah be guilty of a violation for each separate
offense. Each date of violation shall constitute a separate offense.
43
§281-79 Entry for examination; obstructing liquor commission
operations; penalty. Every investigator shall, and any officer having police
power may, at all reasonable times, and at any time whatsoever if there is any
reasonable ground for suspicion that the conditions of any license are being
violated, without warrant enter into and upon any licensed premises and inspect
the same and every part thereof, and any books or records therein, to ascertain
whether or not all conditions of the license and all provisions of this chapter are
being complied with by the licensee.
If any investigator or officer, or any person called by the investigator or officer
to the investigator's or officer's aid, is threatened with the use of violence, force,
or physical interference or obstacle, or is hindered, obstructed, or prevented by
any licensee, the licensee's employees, or any other person from entering into the
premises, or whenever any investigator or officer is by any licensee, the licensee's
employees, or any other person opposed, obstructed, or molested in the
performance of the officer's duty in any respect, the licensee, the licensee's
employee, or any other person shall be fined not more than $2,000 or imprisoned
not more than one year, or both.
Whenever any investigator or officer, having demanded admittance into any
licensed premises and declared the investigator's or officer's name and office, is
not admitted by the licensee or the person in charge of the premises, it shall be
lawful for the investigator or officer to forcibly and in any manner to break into
and enter the premises.
§281-80 Arrest. Any investigator or police officer Who observes
any violation by any person of this chapter or of any rue or regulation of the
liquor commission, may forthwith arrest the person without a warrant. Whenever
any violation of this chapter or of the regulations of the commission occurs in the
presence of any licensee, or any investigator or police officer, upon request of the
licensee the police officer or investigator may assist the licensee in arresting any
patron for violation thereof.
§281-81 REPEALED.
§281-82 No action for debt. No person except a licensed
manufacturer or licensed wholesale or retail dealer or his heirs, personal
representatives, trustees, or assigns with respect to sales regularly made under his
license shall recover by any process of law any debt or demand on account of the
sale on credit of any liquor, nor on any note or like obligation given in payment
for liquor.
§281-83 REPEALED.
§281-84 Exclusion of intoxicated person from premises; penalty.
Every person who, being under the influence of liquor, enters any premises
licensed for the sale of liquor, or being under the influence of liquor there remains
after having been requested by the licensee or any person in the licensee's employ
to leave the premises, shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as in section 281-102 provided.
§281-85 Prize, gift, premium, and other inducement. (a) Unless
otherwise provided by this chapter, it shall be unlawful for any person to offer or
to provide any intoxicating liquor as a prize or inducement at any public
amusement, public gathering or place open to the public.
(b) It shall be unlawful for any person acting as agent or representative of a
nonresident principal or for any licensee directly or indirectly, or through any
subsidiary or affiliate, to give any premium or free goods of intoxicating liquor or
other merchandise in connection with the sae of any intoxicating liquor; or to
offer or to provide any premium or free goods of intoxicating liquor in connection
with the sale of other merchandise.
(c) No retail dealer and no licensee who is authorized to sell liquor for
consumption on the licensee's premises shall solicit or accept, either directly or
indirectly, a premium or free goods of any nature in connection with the retail
dealer's or licensee's purchase of liquor from a manufacturer or wholesale dealer.
PART VI. REVOCATION of LICENSE
§281-91 Revocation or suspension of license; hearing. The liquor
commission or liquor control adjudication board may revoke any license at any
time issued, or suspend the right of the licensee to use the licensee's license, or
assess and collect a penalty, or reprimand the licensee, either for the violation of
any condition of the license or of any provisions of this chapter or of any rule
applicable thereto, or upon the conviction in a court of law of the licensee of any
violation of this chapter or of any other law relative to the licensee's license or the
proper exercise thereof, or of any violation of law in any other respect on account
whereof the commission or board may deem the licensee to be an unfit or
improper person to hold a license, or for any other cause deemed sufficient by the
commission or board.
In every case where it is proposed to revoke or suspend the exercise of any
license or assess and collect a penalty for any cause other than a conviction at law
of the licensee as above specified, the licensee shall be entitled to notice and
hearing in conformity with chapter 91, the notice to be given at least five days
before the hearing, except that any special license shall be subject to summary
revocation for any violation of or evidence of intent to violate the proper exercise
thereof, without hearing before the commission or board.
At the hearing, before final action is taken by the commission or board, the
licensee shall be entitled to be heard in person or through counsel and shall be
given a full and fair opportunity to present any facts showing that the alleged
cause or causes for the proposed action do not exist, or any reasons why no
penalty should be imposed. The testimony taken at the hearing shall be under
oath and recorded stenographically, or by machine, but the parties shall not be
bound by the strict rules of evidence; certified copies of any transcript and of any
other record made of or at the hearing shall be furnished to the licensee upon the
licensee's request and at the licensee's expense.
Any order of revocation, suspension, fine, or reprimand imposed by the
commission or board upon the licensee shall be in addition to any penalty that
might be imposed upon the licensee upon the licensee's conviction at law for any
violation of this chapter. No licensee shall be subject to both the penalty assessed
M,
and collected by the commission or board and to revocation or suspension of
license. The amount of penalty assessed and collected by the commission or
board from any licensee for any particular offense shall not exceed the sum of
$51000.
Whenever the service of any order or notice shall be required by this section,
the service shall be made in the following manner: in the case of any violation
based upon the personal observation of any investigator, a written notice of the
violation shall be given to the licensee or the licensee's registered manager in
active charge of the premises, or by serving a certified copy of the notice or order
upon the holder of the license wherever the holder may be found in the circuit
wherein the holder is licensed, or, if the holder cannot be found after diligent
search, by leaving a certified copy thereof at the holder's dwelling house or usual
place of abode with some person of suitable age and discretion residing therein;
and if the holder of the license cannot be found after diligent search, and service
cannot be made, then service may be made by posting a certified copy of the
notice or order in a conspicuous place on the licensed premises and depositing
another certified copy thereof in the certified mail of the United States post office,
postage prepaid, addressed to the holder of the license at the holder's last known
residence address; provided that in the case of a partnership, corporation',
unincorporated association, or limited liability company, service may be made
upon any partner, officer, or member thereof.
§281-92 Appeals. Any licensee aggrieved by any order assessing or
providing for the collection of a penalty, or by any order suspending or revoking
any license, may appeal therefrom in the manner provided in chapter 91 to the
circuit court of the circuit in which the liquor commission or liquor control
adjudication board making the order has jurisdiction and the judgment of the court
shall be subject to review, subject to chapter 602, in the manner provided for civil
appeals from the circuit courts.
§281-93 Reports to prosecuting officers. When the revocation or
suspension of any license is by reason of any violation of law the liquor
commission or the administrator shall report the facts to the prosecuting officer
for prosecution.
§281-94 Forfeiture of fee paid. If any license is revoked or
canceled by the liquor commission or liquor control adjudication board, the fee
paid for the license or any unexpended portion thereof shall be forfeited to the
county.
§281-95 Bankruptcy, insolvency, death. If a licensee becomes a
legally adjudicated bankrupt, or makes an assignment for the benefit of the
licensee's creditors, or dies, before the expiration of the term of the licensee's
license, the licensee's trustee in bankruptcy, assignee, or personal representative,
as the case may be, may, with the consent of the liquor commission, continue to
exercise the license for the purpose of closing the affairs of the estate; but if not so
continued within forty-five days the commission shall cancel the license.
we
If a mortgage on the premises covered by a license is foreclosed before the
expiration of the term of the license, the mortgagee, or the mortgagee's authorized
representative or a duly appointed commissioner of sale may, with the consent of
the commission, continue to exercise the license or continue it in effect for the
purpose of completing a sae of the premises under the foreclosure proceedings.
Notwithstanding any rue or regulation of the commission to the contrary, the
payment of any renewal fee for a license issued for the premises involved in
foreclosure proceedings or additional fee accrued on the basis of gross sales made
under such a license may be withheld until sale of the premises has been
completed.
§281-96 Cancellation. If the use of the premises covered by any
license becomes lost to the licensee by reason of being sold under foreclosure
proceedings, or a civil execution, or other legal process, or for any other cause,
which shall force a cessation of the business of the licensee thereon under the
license (other than by a revocation or suspension of the licensee's license), the
liquor commission may cancel or suspend the license unless the liquor
commission has approved the safekeeping of the license pursuant to section 281-
410}.
§281-97 when sale without license authorized. In case a license
is revoked or canceled or not renewed, the licensee may with the permission of
and upon the conditions set by the liquor commission sell intoxicating liquors
then in the licensee's possession within sixty days, or within such additional time
allowed by the commission, unless under this chapter the same are seized or
forfeited.
Any bank, trust company, or financial institution owning or possessing
intoxicating liquor which was acquired by the bank, trust company, or financial
institution in the ordinary course of its business, may sell the intoxicating liquor
with the permission of and upon conditions set by the commission.
Any person acting as personal representative, or guardian of a licensee's estate,
or any receiver, assignee for benefit of creditors, trustee in bankruptcy, may sell
the stock of intoxicating liquor with the permission of and upon conditions set by
the commission, except as otherwise provided in this chapter.
Any insurance company, or any common carrier acting as an insurer for losses
to persons shipping intoxicating liquor, may take possession of and sell the
intoxicating liquor, the containers of which have been damaged by fire or
otherwise, with the permission of and upon conditions set by the commission.
Any person in possession of a stock of lawfully acquired intoxicating liquor
under a foreclosure proceeding, proceedings for enforcement of a lien, civil
execution, or under any other proceeding or process, may sell such intoxicating
liquor with the permission of and upon conditions set by the commission.
PART VII. GENERAL VIOLATIONS AND PROSECiTIONS
§281-101 Unlicensed manufacture or sale of liquor; penalty (a) If
any person, acting in person or by or through any agent, servant, or employee,
manufactures any liquor, either directly or indirectly, or upon any pretense or by
47
any subterfuge, except as authorized pursuant to this chapter, the person shall be
fined not more than $21,000 or imprisoned not more than one year, or both.
(b) If any person, acting in person or by or through any agent, servant, or
employee, sells any liquor, either directly or indirectly, or upon any pretense or by
any subterfuge, except as authorized pursuant to this chapter, the person shall be
guilty of a class C felony.
§281-101.4 Hearing, illegal manufacture, importation, or sale of
liquor. The liquor commission or liquor control adjudication board may assess
and collect a penalty, or reprimand a person for not having a valid license to
manufacture or sell any liquor in violation of this chapter or of any rue or
regulation applicable thereto.
In every case where the administrator elects to conduct proceedings under this
section where it is proposed to assess and collect a penalty from a person for not
having a valid license to manufacture or sell any liquor in violation of this chapter
or of any rule or regulation applicable thereto, that person shall be entitled to
notice and hearing in conformity with chapter g 1.
At the hearing, before final action is taken by the commission or board, the
person shall be entitled to be heard in person or through counsel and shall be
given a full and fair opportunity to present facts showing that the alleged cause or
causes for the proposed action do not exist, or any reason why no penalty should
be imposed. The testimony taken at the hearing shall be under oath and recorded
stenographically, or by machine, but the parties shall not be bound by the strict
rules of evidence; certified copies of any transcript and of any other record made
of or at the hearing shall be furnished to a person upon that person's request and at
that person's expense.
Any order, reprimand, or penalty imposed by the commission or board upon a
person for not having a valid license to manufacture or sell any liquor in violation
of this chapter or of any rule or regulation applicable thereto shall be in addition
to any penalty that might be imposed upon that person's conviction in a court of
law for any violation of this chapter. The amount of penalty assessed and
collected by the commission or board from any person under this section for not
having a valid license to manufacture or sell any liquor shall not exceed the sum
of $21,000 for each charge.
Whenever the service of any order or notice shall be required by this section,
the service shall be made in the following manner: in the case of any violation
based upon the personal observation of any investigator, a written notice of the
violation shall be given to the person charged with a violation within a reasonable
period of time after the alleged violation occurred, the person charged shall be
requested to acknowledge receipt of the alleged violation, or, if the person cannot
be found after diligent search, by leaving a certified copy thereof at the person's
dwelling house or usual place of abode with some person of suitable age and
discretion residing therein; and if the person cannot be found after diligent search,
and service cannot be made, then service may be made by depositing another
certified copy thereof in the certified mail of the United States post office, postage
prepaid, addressed to the person at the person's last known residence address;
provided, that in the case of a partnership, corporation, unincorporated
association, or limited liability company, service may be made upon any partner,
officer, or member thereof.
§281-101.5 Prohibitions involving minors; penalty. (a) Any adult
who provides or purchases liquor for consumption or use by a person under
twenty-one years of age shall be guilty of the offense under section 712-1250.5.
(b) No minor shall consume or purchase liquor and no minor shall consume or
have liquor in the minor's possession or custody in any public place, public
gathering, or public amusement, at any public beach or public park, or in any
motor vehicle on a public highway; provided that notwithstanding any other law
to the contrary, this subsection shall not apply to:
(1) Possession or custody of liquor by a minor in the course of delivery,
pursuant to the direction of the minor's employer lawfully engaged in business
necessitating the delivery;
(2) Possession, custody, or consumption of liquor by a minor in connection
with the minor's authorized participation in religious ceremonies requiring such
possession, custody, or consumption; or
(3) Any person between the ages of eighteen and twenty, who is participating
in a controlled purchase as part of a law enforcement activity or a study
authorized by the department of health to determine the level of incidence of
liquor sales to minors.
(c) No minor shall falsify any identification or use any false identification or
identification of another person or of a fictitious person for the purpose of buying
or attempting to buy liquor or for the purpose of obtaining employment to sell or
serve liquor on licensed premises.
(d) Any person under age eighteen who violates this section shall be subject to
the jurisdiction of the family court. Any person age eighteen to twenty-one who
violates subsection (b) or (c) shall be guilty of a petty misdemeanor. The court
shall order that any person under twenty-one years of age found to be in violation
of this section shall have, in addition to any other disposition or sentencing
provision permitted by law, the person's license to operate a motor vehicle, or the
person's ability to obtain a license to operate a motor vehicle, suspended as
follows:
(1) For licensed drivers, the driver's license shall be suspended for not less
than one hundred and eighty days with exceptions to allow, at the discretion of the
sentencing court, driving to and from school, school -sponsored activities, and
employment;
(2) For persons with a provisional license, the provisional license shall be
suspended for not less than one hundred and eighty days with exceptions to allow,
at the discretion of the sentencing court, driving to and from school, school -
sponsored activities, and employment;
(3) For persons with an instruction permit, the instruction permit shall be
suspended for not less than one hundred and eighty days with exceptions to allow,
at the discretion of the sentencing court, driving to and from school, school -
sponsored activities, and employment; or
(4) For persons not licensed to drive, eligibility to obtain a driver's license,
provisional license, or instruction permit shall be suspended until the age of
seventeen or for one hundred and eighty days, at the discretion of the court; and
(5) Chapter 571 notwithstanding, in any case where a person under the age of
We
eighteen violates this section, the family court judge may suspend the driver's
license, provisional license, or instruction permit, or suspend the eligibility to
obtain a driver's license, provisional license, or instruction permit in accordance
with this section;
provided that the requirement to provide proof of financial responsibility pursuant
to section 287-20 shall not be based upon a sentence imposed under paragraphs
(1) and (2). In addition, all persons Whether or not licensed, found to be in
violation of this section shall be sentenced to seventy-five hours of community
service work, and an eight to twelve hour program of alcohol education and
counseling the costs of which shall be borne by the offender or the offender's
parent or guardian.
(e) As used in this section, "consume" or "consumption" includes the
ingestion of liquor.
§281-102 other offenses; penalty. If any person violates this
chapter or any rue or regulation in effect by authority of this chapter, whether in
connection therewith a penalty is referred to or not, for which violation no penalty
is specifically prescribed, the person shall be imprisoned not more than six
months or fined not more than $ 1,000, or both.
§281-102.5 Purchasing from other than primary source of supply;
penalty. (a) No licensee authorized to import liquor into this State shall order,
purchase, or receive liquor for resale unless the licensee orders, purchases or
receives it from the primary source of supply for the brand of liquor sought to be
sold. No licensee authorized to import liquor into this State may sell liquor
purchased or received by the licensee to any person if the liquor has not been
purchased or received by the licensee from the primary source of supply.
(b) No supplier shall solicit, accept or fill any order for any liquor from any
licensee authorized to import liquor into this State unless the supplier is the
primary source of supply for the brand of liquor sold or sought to be sold.
(c) The commission or board shall revoke for a period of not less than six
months the license of any manufacturer, rectifier, wholesaler, retailer, or other
licensee who violates, directly or indirectly, the provisions of this section. The
penalty prescribed in this section is cumulative and in addition to any other
penalties prescribed in this chapter.
(d) For purposes of this section, "primary source of supply" means:
(1) The manufacturer of the liquor, if the liquor can be secured directly from
the manufacturer by United States wholesalers, or
(2) The rectifier, the owner of the liquor at the time it becomes a marketable
product, the bottler, the importer, or the exclusive agent of any such person, who,
if the liquor cannot be secured from the manufacturer by United States
wholesalers', is the source closest to the manufacturer in the chain of distribution
from whom the product can be secured by the United States wholesalers.
§281-103 REPEALED.
§281-104 Investigators, employees, counsel for. Whenever any
investigator or other employee of the liquor commission shall be prosecuted for
C
any crime or sued in any civil cause for acts done in the performance of the
investigator's or employee's duty as an investigator or employee, the investigator
or employee shall be represented and defended in:
(1) The criminal proceeding by an attorney to be employed and paid by the
commission; and
(2) The civil cause by the corporation counsel or county attorney of the county
in which the investigator or employee is serving or, if permitted under the
appropriate county charter, by an outside attorney to be employed and paid for by
the commission.
§281-105 Determination whether acts were in scope of duty. The
determination of whether the acts of an investigator or other employee of the
liquor commission, when the investigator or other employee is being prosecuted
or sued, were done in the performance of the investigator's or other employee's
duty, so as to entitle the investigator or other employee to be represented by the
county attorney or corporation counsel of the county or city and county of the
commission in question, or by an attorney employed and paid by the commission
shall be made by the commission of the county after consultation with the county
attorney or corporation counsel who may make a recommendation to the
commission in respect thereof if the county attorney or corporation counsel so
desires, and such determination shall be conclusive for such purpose only.
§281-106 Prosecutions not to exclude other remedies affecting
license or goods. The provisions in this chapter for the imposition upon any
licensee of the penalties by one or imprisonment for any violation of this chapter
or of any rule or regulation made hereunder having the force of law shall be in
addition to and independent of any other right of the liquor commission or the
liquor control adjudication board under this chapter to effect a suspension or
revocation of the license of the licensee and shall also be in addition to and
independent of any proceeding to effect the forfeiture of any liquor or other
property belonging to the licensee as contemplated by this chapter.
§281-107 Presumptive evidence. In any prosecution under this
chapter, the fact that any person engaged in any kind of business holds or is
required to hold, a license from the government of the United States to
manufacture or sell intoxicating liquors or that the person has or keeps in or about
the person's place of business or is required to have or keep in or about the
person's place of business, a receipt or a stamp showing payment of a special tax
levied under the laws of the United States upon the business of manufacturing or
selling intoxicating liquors shall be held and deemed competent evidence that
such person is manufacturing or selling such liquors or is keeping the same for
sale.
§281-108 Search warrants; seizure. If any person makes complaint,
supported by oath, before any district or circuit judge, setting forth facts sufficient
to show probable cause that any liquor is being manufactured or kept or deposited
for sale or distribution contrary to law within the judge's jurisdiction in any house,
premises, or place, or that any such liquor is lodged or contained in any vehicle
51
for transportation by land, water, or air, the judge shall issue a warrant, directed to
any sheriff, chief of police, police officer, or investigator, commanding the
sheriff, chief of police, police officer, or investigator to search the premises,
place, or vehicle described in the complaint. If any intoxicating liquor is found
therein under circumstances warranting the belief of the officer that it is being
manufactured or is intended for sale or distribution contrary to law, the officer
acting under the warrant shall seize and convey the liquor and any land vehicle in
which the same is found to some place of security and keep the same until final
action is had thereon. When, in case of any entry, it is found that liquor is there
being manufactured contrary to this chapter the officer may likewise seize and
convey the same to some place of security and keep it until final action is had
thereon.
§281-109 Seizure without warrant. a) If any investigator or police
officer has information which causes the investigator or police officer to believe
that liquor is kept or deposited in any place mentioned in section 281-108, except
a dwelling house, or is kept or concealed in any conveyance, container, baggage,
or clothing which is in course of transportation along any highway, for sale or
distribution contrary to law, and if the investigator or police officer has reason to
believe that the delay which would be necessitated by the procurement of a search
warrant would result in the loss, destruction, or concealment of the evidence of
the violation of law,, the investigator or police officer may forthwith, without such
warrant, search the suspected place, vehicle, or container; and if the investigator
or police officer there finds liquor and other evidence under circumstances
warranting the belief that it is intended for sale or distribution contrary to law, the
investigator or police officer shall seize and convey the same, including any
vehicle in which the same is found, to some place of security, and keep the same
until final action is had thereon. The investigator or police officer shall forthwith,
after the seizure, make written complaint under oath, setting forth the facts before
a judge having competent jurisdiction.
(b) Any evidence seized and conveyed may be kept until final action is had
thereof. Should the introduction of a copy or picture of the seized evidence be
permuted under the Hawaii rules of evidence, the original evidence may be
returned to the appropriate party after such evidence is copied or photographed.
§281-110 Arrest; abetters. The owner, keeper, and any person
having the custody of any liquor or property seized as provided in sections 2 81-
108 and 281-109 shall be forthwith arrested without necessity of warrant and
brought before the judge having jurisdiction in the premises. If the owner or
keeper of the liquor seized is unknown to the investigator or police officer making
the seizure, or if no person is found in the apparent possession or custody of the
same, the investigator or police officer may arrest and bring before the court the
owner or occupant of the building, place, or premises, or the driver, operator, or
other person in charge of the conveyance in which the liquor is found, if such
person is known or can be ascertained. Any person who has knowingly engaged
in, aided', assisted, or abetted the manufacture, obtaining, keeping, or sale of such
liquor contrary to law, or has been privy thereto, or has knowingly permitted the
use of any place, building, premises, or conveyance for such unlawful purpose,
52
shall be guilty of a misdemeanor and be punished as provided in section 2 81-102 .
§281-111 Condemnation of property or liquor; disposition. Any
still, plant, or other equipment shown to have been used for the manufacture of
liquor in violation of this chapter and any liquor manufactured or sold in violation
of this chapter shall be subject to summary seizure as herein provided or to
subsequent seizure, and may be condemned and adjudged forfeited to the State, in
addition to any penalty separately provided for the violation, the same to be
enforced by appropriate legal proceedings in the name of the State. All property
and liquor condemned and forfeited pursuant to this section may be ordered by
the court having jurisdiction to be wholly or partially destroyed or to be sold,
wholly or partially, for the account of the county wherein the same were seized;
provided that the court may order any of the liquor, if suitable, to be delivered to
the department of health for distribution to any public institution for use therein
for medicinal purposes. The order of the court with respect to property or liquor
condemned and forfeited pursuant to this section shall be effectively executed by
the sheriff or the sheriffs deputy, or by the chief of police or the chief of police's
deputy, or by any police officer, or by the commission's administrator, or by any
investigator, within the time as may be fixed in the order but not exceeding sixty
days. If any person, whether or not an officer or employee of the State or any
county, takes, disposes of, or uses, in any manner or to any extent, any of the
property or liquor otherwise than as provided in this section, the person shall be
guilty of a misdemeanor and upon conviction thereof shall be punished as
provided in section 2 81-1 o2 .
§281-112 REPEALED.
§281-113 Claims. If the owner or possessor of any property or liquor
seized under this chapter appears and makes claim to the same, the owner or
possessor shall file with the court, before whom the proceedings are pending, the
owner's or possessor's claim in writing, setting forth the owner's or possessor's
interest therein, and the reason why it should not be adjudged forfeited. The
owner or possessor shall also give bond in favor of the State sufficient in amount
and sureties, approved by such court, conditioned that such claim will be
diligently prosecuted and that if it is decided against the owner or possessor the
owner or possessor will pay the costs awarded against the owner or possessor. If
the judgment is against the claimant, the property and liquor and all containers
thereof shall be adjudged forfeited and disposed of as provided in this chapter and
judgment shall be rendered against the claimant for all costs of the proceedings
incurred after the filing of the claimant's claim.
§281-114 Appeals. An appeal shall be allowed to any claimant of
property or liquor seized as aforesaid from the judgment of the court in the same
manner as appeals are allowed in other cases before such tribunals. If the
claimant fails to appear and prosecute diligently the claimant's appeal, or fails to
secure a reversal of the judgment in the appellate court, the judgment appealed
from shall be carried out.
53
PART VIII. PRICE DISCRIMINATION IN SUPPLYING LIQUOR - -
REPEALED
§281-121 to §281-124 REPEALED.
m