Bill Text: HI HB1339 | 2011 | Regular Session | Amended
Bill Title: Liquor Commissions; Rules; Dancing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-03-22 - (S) Report adopted; Passed Second Reading and referred to JDL. [HB1339 Detail]
Download: Hawaii-2011-HB1339-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1339 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LIQUOR COMMISSIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The liquor commission, within its own county, shall have the sole jurisdiction, power, authority, and discretion, subject only to this chapter:
(1) To grant, refuse, suspend, and revoke any [licenses]
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 which 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] liquor-related educational or
enforcement programs;
(4) From time to time to make, amend, and repeal such
rules, not inconsistent with this chapter, as in the judgment of the commission
seem 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 [or], by order [or], 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, [to] prescribe
their duties[,] and fix their compensation[; to], 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, chapter 244D 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 and, where appropriate, 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; [and]
(13) To prescribe, by rule, limitations on licensed premises regarding the expression and conduct of patrons therein; provided that the rules shall comply with constitutional provisions regarding government regulation of expression as though the rule was being directly enforced against patrons; and
[(13)] (14) To prescribe, by rule, the
circumstances and penalty for the unauthorized manufacturing or selling of any
liquor."
SECTION 2. By not later than July 1, 2012, each county liquor commission shall adopt or amend rules regarding the expression or conduct of patrons in premises licensed to sell liquor for consumption thereon. The rules of each county liquor commission shall include a definition of the term "dancing." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2059.
Report Title:
Liquor Commissions; Rules; Dancing
Description:
Requires county liquor commissions to adopt or amend rules by July 1, 2012, regarding conduct of patrons and to define the term "dancing." Effective January 1, 2059. (HB1339 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
