HOUSE OF REPRESENTATIVES |
H.B. NO. |
2229 |
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INTOXICATING LIQUOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 281, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§281- Identification
required. (a) Any person consuming liquor on any licensed
premises or on property under the control of the licensee and operated in
conjunction with the establishment shall carry personal identification.
(b) Subsection (a) shall not apply to a person
who is under the age of twenty-one and, with parental authorization, is
participating in a controlled purchase as part of a law enforcement activity or
a government authorized statistical study under the direct supervision of law
enforcement to determine the levels of incidence of the sale or furnishing of
liquor to persons under the age of twenty-one.
(c) Licensees shall be responsible for the proper
checking of the personal identification of any person wishing to purchase
liquor, prior to the selling or serving of liquor to that person.
(d) As used in this section, "personal
identification" means an official state driver's license, military
identification card, official government identification containing a
photograph, or an identification document approved by the liquor commission of
the respective county."
SECTION 2. Section 281-71, Hawaii Revised Statutes, is amended to read as follows:
"§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. The licensee shall also post a copy of the license where it shall be clearly visible to persons in any parking lot immediately adjacent to the licensed premises. The licensee shall post, adjacent to the posted copy of the license and in any other parking lot under the control of or operated in conjunction with the licensed establishment, a notice that the provisions of section 281-78(a)(5) shall be applicable. For failure thereof the license may be suspended or revoked by the liquor commission or liquor control adjudication board."
SECTION 3. Section 281-78, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person shall:
(1) Consume
any liquor on any public highway, except as permitted in section 291-3.4;
(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[.]; or
(5) Consume any
liquor while on or remaining in the licensed premises and any parking lot under
the control of or operated in conjunction with the establishment after the
hours of operation of the licensee, without the express written permission of
the licensee. Any person violating this
paragraph shall be guilty of a misdemeanor.
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 356D-1
or 356D-91 or a state low-income housing project as defined in section
356D-51."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Intoxicating Liquor; Identification Requirements; Parking Lot Areas; Posting Requirements; Misdemeanor
Description:
Specifies ID requirements for any person consuming alcohol on licensed premises or property under the control of a licensee. Specifies licensee posting requirements. Prohibits any person from consuming liquor while on or in the licensed premises after the hours of operation unless permitted by licensee and imposes a criminal penalty. (HB2229 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.