Bill Text: HI SB2613 | 2018 | Regular Session | Amended
Bill Title: Relating To Intoxicating Liquor.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2018-07-05 - Act 090, 06/29/2018 (Gov. Msg. No. 1191). [SB2613 Detail]
Download: Hawaii-2018-SB2613-Amended.html
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THE SENATE |
S.B. NO. |
2613 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
C.D. 1 |
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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. Section 281-31, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Class 2.
Restaurant license.
(1) A license under this class shall authorize the
licensee to sell liquor specified in this subsection for consumption on the
premises; provided that a restaurant licensee, with commission approval, may
provide off-premises catering of food and liquor; provided further that the
catering activity shall be directly related to the licensee's operation as a
restaurant. A license under this class
shall also authorize the licensee to sell beer, malt beverages, or cider for
off-premises consumption; provided that the licensee has the appropriate kind
of license pursuant to paragraph (3); [and] provided further that the
beer, malt beverage, or cider is sold in a securely sealed or covered glass,
ceramic, or metal container that is sold to or provided by the patron, and each
sealed or covered glass, ceramic, or metal container does not exceed a maximum
capacity of one-half gallon. A licensee
under this class shall be issued a license according to the category of
establishment the licensee owns or operates.
The categories of establishment shall be as follows:
(A) A standard bar; or
(B) Premises in which live entertainment or
recorded music is provided. Facilities
for dancing by the patrons may be permitted as provided by commission rules.
(2) If a licensee under class 2 desires to change
the category of establishment the licensee owns or operates, the licensee shall
apply for a new license applicable to the category of the licensee's
establishment.
(3) Of this class, there shall be the following
kinds:
(A) General (includes all liquor except alcohol);
(B) Beer and wine; and
(C) Beer.
(4) A new class 2 license may be issued prior
to an establishment commencing operation.
An application for a new class 2 license shall include a certification
by the applicant that the applicant intends to and shall derive no less than
thirty per cent of the establishment's gross revenue from the sale of foods.
Notwithstanding section 281-57, the
commission may approve at one public hearing and without notice the change to a
class 2 restaurant license of a licensee holding a class 5 dispenser license
who meets the requirements of a class 2 license."
SECTION 2. Section 281-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No license issued under this chapter to an
original applicant or to any transferee shall be transferable or be transferred
within one year of the issuance or transfer, except for good cause shown to the
satisfaction of the liquor commission. A
transfer of license shall be for the same class, kind, and category of
license. No license issued under this
chapter shall be transferable or be transferred except upon written application
to the commission by the proposed transferee, and after prior inspection of the
premises, reference to, and report by an inspector, and a public hearing held
by the commission not less than fourteen days after one publication of notice
thereof, but without sending notice of the hearing by mail to persons being the
owners or lessees of real estate situated within the vicinity of the premises
and without the right to the owners or lessees to protest the transfer of a
license. Exceptions are class 5 and 11
licensees who [must] shall comply with the requirements as set
forth in sections 281‑57 to 281-60.
Notwithstanding any provision of this chapter to the contrary, a
class 2 license shall be transferrable; provided that the transferee certifies
that the transferee intends to and shall derive no less than thirty per cent of
the establishment's gross revenue from the sale of foods."
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 License; Restaurant Licenses; New Licenses; Transfer of License; Liquor Commission
Description:
Authorizes the county liquor commissions to issue new class 2 restaurant licenses before restaurants commence operation. Clarifies that class 2 restaurant licenses are transferrable. Requires an applicant for a new class 2 restaurant license or a transferee to certify that the applicant or transferee intends to and shall derive no less than thirty per cent of the establishment's gross revenue from the sale of foods. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
