Bill Text: HI SB725 | 2010 | Regular Session | Introduced
Bill Title: Liquor License; Notification of Neighbors.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB725 Detail]
Download: Hawaii-2010-SB725-Introduced.html
Report Title:
Liquor License; Notification of Neighbors.
Description:
Requires all applicants for a liquor license to notify all businesses and current registered voters within 500 feet of the property on which the liquor is to be served.
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THE SENATE |
S.B. NO. |
725 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to liquor license applications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-57, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(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] Every owner and lessee 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 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; 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 last tax return filed by the person or the person's
agent or representative;
(2) Every owner of record of shares in a cooperative apartment, or 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 five hundred feet from the nearest point of the premises for which the license is asked to the nearest point of such cooperative apartment. Notice by mail may be addressed to the last known address of the person concerned or to the address as shown in the last tax return filed by the person or the person's agent or representative;
[(2)](3) [In
counties with a population of five hundred thousand or more, not less than
two-thirds of the registered voters] Every registered voter residing
within, and every small [businesses] business 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)](4)
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).] a list of every address to which the
notice was mailed as required by paragraphs (1), (2), (3) and (4). [The]
Within seven business days of the mailing of the notices by the applicant,
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] If the
requirements of this section have not been met, the commission may cancel the public
hearing or continue the [public] hearing subject to the provisions of [[]this
section[]]."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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