HOUSE OF REPRESENTATIVES |
H.B. NO. |
2506 |
TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LIQUOR LICENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-45, Hawaii Revised Statutes, is amended to read as follows:
"§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, or to any other person not deemed by the commission to be a fit and proper person to have a license; provided that the commission may grant a license under this chapter to a corporation that has been convicted of a felony where the commission finds that the corporation's officers and shareholders of twenty-five per cent or more of outstanding stock are fit and proper persons to have 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;
(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 signed certificate from the
director of taxation [and from the Internal Revenue Service] or a
certificate of compliance with the requirements of section 103D-310(c), in a
form prescribed by the department of accounting and general services,
showing that the applicant or the transferor and transferee do not owe the [state
or federal governments] State 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 [and the Internal Revenue Service] 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;
(4) To an applicant for a class 2, class 4 except for convenience minimarts, class 5, class 6, class 11, class 12, class 13, class 14, class 15, class 17, 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 license, both the transferor and the transferee, present to the issuing agency proof of liquor liability insurance coverage in an amount of $1,000,000; 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."
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.
INTRODUCED BY: |
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Report Title:
Liquor Licenses; Delinquent Taxes; Compliance Certificate
Description:
Allows persons applying for liquor licenses to present a signed certificate from the state director of taxation or from the state procurement office to establish they do not owe any delinquent state taxes, penalties, or interest and are in compliance with state employment laws. Repeals the requirement that the applicant produce a federal tax clearance.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.