§281-4  Liquor consumption on unlicensed premises prohibited, when.  (a)  It shall be unlawful for any person who keeps or maintains any restaurant or other premises where food, beverages, or entertainment are provided or brought in by patrons or guests, whether for compensation or not, or to which members of the public or members of an organization resort for food, refreshment, or entertainment and who is not a licensee of the commission under this chapter, to promote, encourage, aid, or permit the consumption of liquor on the premises, except during the hours between 6:00 a.m. and 12:00 a.m.  Any premises that desires to operate after 12:00 a.m. until 2:00 a.m. shall obtain a class 17 liquor license under section 281-31(q), and shall be subject to the requirements of this chapter and the rules adopted by the liquor commission of the county in which the premises are located during all hours of operation, except as otherwise provided by law.

     (b)  It shall be unlawful for any person who is present at any restaurant or other premises where food, beverages, or entertainment are sold, provided, or brought in by patrons or guests, or to which members of the public, or members of an organization, resort for food, refreshment, or entertainment, and which premises are not licensed by the commission under this chapter, to consume any liquor on the premises, except during the hours between which licensed premises of dispensers are permitted to be open for the transaction of business in the county where the premises are located.

     (c)  It shall be unlawful for any person who keeps or maintains any restaurant or other premises where food, beverages, or entertainment are provided, or brought in by patrons or guests, whether compensated or not, to sell or provide or allow the consumption of liquor to or for any of the following persons knowing that such person has, or is about to obtain, liquor for consumption by the person on the premises, to wit:

     (1)  Any minor;

     (2)  Any person at the time under the influence of liquor;

     (3)  Any disorderly person;

     (4)  Any person known to be addicted to the excessive use of liquor; or

     (5)  Any person, for consumption in any vehicle on the premises;

provided that the providing of liquor to or for a minor who has or is about to obtain liquor for consumption by the minor on the premises or allowing the consumption of liquor by a minor shall not be deemed to be a violation of this subsection if, at the time, the person providing or allowing the consumption of liquor was misled by the appearance of the minor and the attending circumstances into honestly believing that such minor was of legal age and the person acted in good faith, and it shall be incumbent upon the person to prove that the person so acted in good faith.

     (d)  Within the meaning of this section, the word "premises" includes any vessel as well as any place, with or without a structure thereon, and the hours between which licensed premises of dispensers are permitted to be open for the transaction of business shall be deemed to be those during which such dispensers are permitted to keep open their premises for the sale, service, and consumption of liquor, or any of them. [L 1949, c 147, §1; RL 1955, §159-4; HRS §281-4; am L 1972, c 177, §2; gen ch 1985; am L 2008, c 168, §2; am L 2010, c 198, §1]

Case Notes

  Injunction against enforcement without showing direct invasion of property right.  39 H. 23 (1950).