Bill Text: HI SB697 | 2010 | Regular Session | Amended
Bill Title: Liquor Commission; Substance Abuse Treatment
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB697 Detail]
Download: Hawaii-2010-SB697-Amended.html
Report Title:
Liquor Commission; Substance Abuse Treatment
Description:
Requires money collected by the liquor commission from fines against licensees be used for substance abuse treatment and prevention programs, in addition to liquor educational programs. Changes sentencing for promoting intoxicating liquor to a person under the age of twenty-one. (SB697 HD1)
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THE SENATE |
S.B. NO. |
697 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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:
PART I
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 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 licensees and their employees and shall be financed through the money collected from the assessment of fines against licensees; and provided further that moneys collected from the assessment of fines against licensees shall also be expended to finance substance abuse treatment and prevention programs, as may be provided by the county or private programs within the county, in which the liquor commission has jurisdiction;
(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 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, the circumstances and penalty for the unauthorized manufacturing or selling of any liquor."
SECTION 2. Section 281-17.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any [such] liquor license
fees or any moneys collected or received by any liquor commission under this
chapter may only be used for costs and expenses directly relating to
operational and administrative costs actually incurred by the liquor commission
collecting or receiving [such] the liquor license fees or moneys[.
Such], or for liquor education programs and substance abuse treatment
and prevention programs under section 281-17(3). The fees or moneys shall
not be used for any costs or expenses other than those directly relating to its
operation and administration, except as otherwise provided by law."
PART II
SECTION 3. Section 712-1250.5, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:
"(4) Promoting intoxicating liquor to a person under the age of twenty-one is a petty misdemeanor. The court shall sentence any person convicted of violating this section as follows:
(a) For a first conviction, the court shall sentence the person to serve a minimum term of imprisonment of not less than twenty-four hours;
(b) For a second conviction within five years of a previous conviction, the court may sentence the person to serve a term of imprisonment of not less than twenty days; and
(c) For a third or subsequent conviction within five years of the first two convictions, the court may sentence the person to serve a term of imprisonment of not less than thirty days."
PART III
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2050.
