Bill Text: HI SB2549 | 2018 | Regular Session | Amended
Bill Title: Relating To Liquor Licenses.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2018-03-08 - Referred to CPC, JUD, referral sheet 35 [SB2549 Detail]
Download: Hawaii-2018-SB2549-Amended.html
THE SENATE |
S.B. NO. |
2549 |
TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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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 281-32, Hawaii Revised Statutes, is amended to read as follows:
"§281-32 Licenses, temporary. (a)
A temporary license of any class and kind specified in section 281-31
may be granted under the following conditions:
(1) The
premises shall have been operated under a license of the same class, kind, and
category issued by the liquor commission at least one year immediately prior to
the date of filing of the application for a temporary license, except as
otherwise approved by the commission;
(2) The
license of the same class, kind, and category then in effect for the premises
shall be surrendered in such manner and at such time as the commission shall
direct;
(3) The
applicant for a temporary license shall have filed with the commission an
application for a license of the same class, kind, and category currently or
previously in effect for the premises;
(4) The
application for a temporary license shall be accompanied by a license fee in
such amount as may be prescribed by the commission. If the application is denied or withdrawn,
the fee which accompanied the application shall become a realization of the
county;
(5) A
temporary license shall be for a period of not in excess of one hundred and
twenty days. The license may be renewed
at the discretion of the commission for not more than one additional one
hundred twenty-day period upon payment of such additional fee as may be
prescribed by the commission and upon compliance with all conditions required
in this section and section 281-31. When
a temporary license has expired and no permanent license has been issued, the
sale and service of liquor shall cease until the permanent license is issued;
provided that, when applicable, the license shall be properly renewed;
(6) A
temporary license shall authorize the licensee to purchase liquor only by
payment in currency, check, or certified check for the liquor before or at the
time of delivery of the liquor to the licensee, except as otherwise provided by
commission rule; and
(7) Sections
281-52 and 281-54 and sections 281-56 to 281‑61 shall not apply to any
application for a temporary license.
(b) Notwithstanding any other section of law to
the contrary, the commission shall reduce submission requirements, including
the waiving of hearings, fees, notarization of documents, submission of floor
plans, and other requirements, for the issuance of temporary licenses for the
sale of liquor for a period not to exceed one day for fundraising events by
nonprofit organizations recognized under state or federal law. The temporary license granted under this
subsection to a nonprofit organization for a fundraising event shall enable the
nonprofit organization to auction off, at a live or silent auction, liquor in sealed
or covered glass, ceramic, or metal containers or services that provide
liquor. No criminal history record
checks under section 281-53.5 shall be required; provided that the commission
may require a background check on the executive director of the nonprofit
organization. The commission may adopt
rules to implement this section."
SECTION 2. Section 281-60, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) If an application pertaining to a particular premises or building location is denied, refused, or withdrawn, the next application from any applicant for that premises or building location shall include a report prepared by the applicant evidencing a substantial change in the circumstances that caused the previous denial, refusal, or withdrawal. The commission shall deny the application at the preliminary hearing unless the applicant submits evidence of a substantial change in the circumstances that previously caused the denial, refusal, or withdrawal of an application pertaining to that premises or building location. The commission may consider the following factors in deciding whether to grant an application pertaining to a premises or building location for which an application has previously been denied, refused, or withdrawn:
(1) Whether a majority of the registered voters residing within five hundred feet of the nearest point of the premises or building location for which the license is asked, or a majority of the owners and lessees of record of real estate and owners of record of shares in a cooperative apartment within five hundred feet of the nearest point of the premises or building location for which the license is asked, no longer oppose the granting of the license;
(2) Whether plans for the construction, building design, use, or operation of the proposed establishment have been altered such that they will not conflict with the character of the surrounding area. In evaluating the character of an area for the purposes of this section, the commission may consider the following factors:
(A) The usual and existing types of business, residential, and recreational uses and activities within the area;
(B) The proximity of residential areas;
(C) The population density of the area;
(D) The typical or ambient noise levels of the area;
(E) The motor vehicle traffic volume, congestion, and noise; and
(F) Any other factors that the commission finds relevant;
(3) Whether the
neighborhood board for the area where the premises is located has rendered a
decision on the granting of the license; and
(4) Whether the
applicant is a fit and proper person to have a license[; and
(5) Any other
considerations deemed by the commission to affect the matter of the
application, the issuance, or the exercise of the license applied for]."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Liquor Commission; Temporary Liquor Licenses; Nonprofit Organizations; Liquor License Application
Description:
Requires
the liquor commission to reduce submission requirements for the issuance of
temporary licenses for the sale of liquor for a period not to exceed one day
for fundraising events by nonprofit organizations. Permits nonprofit organizations that have been
issued a temporary liquor license for a fundraising event the ability to
auction off, at a live or silent auction, liquor in sealed or covered
containers or services that provide liquor.
Removes, from the list of factors the liquor commission may consider
when deciding on a previously denied, refused, or withdrawn liquor license
application, language that allows any other considerations deemed by the liquor
commission to affect the application, issuance, or exercise of a liquor license. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.