Bill Text: HI SCR65 | 2011 | Regular Session | Introduced

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Bill Title: Alcohol; Service to Minors; Liquor Licensees; Large Public Venues

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-03-15 - (S) Referred to PGM, JDL. [SCR65 Detail]

Download: Hawaii-2011-SCR65-Introduced.html

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THE SENATE	S.C.R. NO.	65
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

URGING THE COUNTY LIQUOR COMMISSIONS TO PROVIDE RELIEF TO LIQUOR LICENSEES THAT SERVE ALCOHOL IN ANY LARGE PUBLIC FACILITY FOR VIOLATIONS OF SERVING LIQUOR TO MINORS.

 

 

     WHEREAS, the Honolulu Liquor Commission, as well as each of the liquor commissions of the other counties, levy fines upon liquor licensees and may revoke the licenses of licensees who serve alcohol at large public facilities, such as the Waikiki Shell, Neal S. Blaisdell Center, and Aloha Stadium, for violation of the liquor laws regarding serving alcohol to minors; and

 

     WHEREAS, irresponsible adults at events at large public facilities are known to purchase several beers for distribution to minors at the event, in violation of the liquor laws; and

 

     WHEREAS, section 281-78(b), Hawaii Revised Statutes, provides in pertinent part that at no time under any circumstances shall any licensee or its employee sell, serve, or furnish any liquor to or allow the consumption of any liquor by any minor; and

 

     WHEREAS, the Honolulu Liquor Commission takes a strict liability view of minors consuming alcohol at events at large public facilities by holding the licensee liable for violations; and

 

     WHEREAS, liquor licensees who serve large public facilities are doing everything feasible and reasonable to ensure that minors are not consuming alcohol on the premises of large public facilities at which the licensees serve alcohol; and

 

     WHEREAS, as the promoters of events at large public facilities enter into lease contracts with the counties to use those venues for the events, the promoters of the events should bear some liability for minors consuming alcohol at the events; and

 

     WHEREAS, section 281-78(b)(1), Hawaii Revise Statutes, provides a good faith defense to prosecution:

 

     "if, in making the sale or allowing the consumption of any liquor by a minor, the licensee was misled by the appearance of the minor and the attending circumstances into honestly believing that the minor was of legal age and the licensee acted in good faith; and provided further that it shall be incumbent upon the licensee to prove that the licensee so acted in good faith;" and

 

     WHEREAS, the good faith defense is impracticable in a large public event that could be attended by thousands of people and where the liquor licensee does not directly sell liquor to the minor; and

 

     WHEREAS, the licensees are in a quandary about what can be done to alleviate the threat of fines of up to $1,000 in Honolulu and license revocations in addition to that;

now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the liquor commissions of the various counties are urged to provide relief such as administrative rule changes and penalty mitigations to liquor licensees that serve alcohol in any large public facility for violations of serving liquor to minors; and

 

     BE IT FURTHER RESOLVED that on behalf of all county liquor commissions in the State, the Honolulu Liquor Commission identify relief that may be provided to liquor licensees statewide and conditions for providing relief; and

 

BE IT FURTHER RESOLVED that the Liquor Commission of the City and County of Honolulu, on behalf of all county liquor commissions in the State, is requested to submit a report of its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Administrator of the Honolulu Liquor Commission and the liquor commissions of the Counties of Hawaii, Kauai, and Maui.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Alcohol; Service to Minors; Liquor Licensees; Large Public Venues