Hawaii-2011-HB1221-Amended

SECTION 1. The Legislature finds that section 281‑78(b)(1)(A), Hawaii Revised Statutes, has been interpreted by at least one county liquor commission to result in strict liability for liquor licensees who do not catch minors consuming alcohol on their licensed premises, even if the licensed premises is a large public facility (e.g., the Waikiki Shell, Neal S. Blaisdell Center Arena, and Aloha Stadium) and the county liquor commission has approved the licensee's security plans for preventing minors from consuming alcohol on the licensed premises.

The purpose of this Act is to establish that a licensee who serves alcohol in a large public facility, receives the appropriate county liquor commission's approval of the licensee's security plans for preventing minors from consuming alcohol on the licensed premises, and implements said plan in good faith, shall not be deemed to be in violation of section 281-78(b)(1)(A), Hawaii Revised Statutes.

SECTION 2. Section 281-1, Hawaii Revised Statutes, is amended to read as follows:

"PART I. GENERAL PROVISIONS

§281-1 Definitions. Whenever used in this chapter, unless otherwise apparent from the context:

"Large public facility" 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 that has a capacity of or more.

SECTION 3. Section 281-78, Hawaii Revised Statutes, is amended to read as follows:

"§281-78 Prohibitions. (a) No person shall consume any liquor on any:

(1) Public highway, except as permitted in section 291‑3.4;

(2) Public sidewalk, including any sidewalk within a public housing project as defined in section 356D-1 or 356D-91; or

(3) Common area of a public housing project as defined in section 356D-1 or 356D-91. For purposes of this paragraph, "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.

(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;

(D) Any person for consumption in any vehicle that is licensed to travel on public highways;

provided that the consumption or sale 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; [~~and~~] provided further that it shall be incumbent upon the licensee to prove that the licensee so acted in good faith; and provided further that the consumption of liquor by a minor shall not be deemed to be a violation of this subsection if a licensee who serves alcohol in a large public facility receives the appropriate county liquor commission's approval of the licensee's security plans for preventing minors from consuming alcohol on the licensed premises, and the licensee implements that plan 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 immediately to prevent or suppress any violent, quarrelsome, disorderly, lewd, immoral, or unlawful conduct of any person on the premises;

(7) Sell any draught beer unless upon the faucet, spigot, or outlet wherefrom the beer is drawn there is attached a clear and legible notice, placard, or marker which in the English language indicates and declares the name or brand adopted by the manufacturer of the draught beer, so situated as to be clearly legible for a distance of at least ten feet from the spigot, faucet, or outlet, to a purchaser with normal vision; and

(8) 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 281-102."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 7, 2059.

HOUSE OF REPRESENTATIVES	H.B. NO.	1221
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII