REPORT TITLE:
Liquor; Intoxicating


DESCRIPTION:
Allows a brewer of beer to hold an interest in both a liquor
manufacturer's and liquor wholesaler's license. (HB1622 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1622
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  Section 281-31, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (b) to read:
 
 4      "(b)  Class 1.  Manufacturers' licenses.  A license for the
 
 5 manufacture of liquor shall authorize the licensee to manufacture
 
 6 the liquor therein specified and to sell the same at wholesale in
 
 7 original packages to any person who holds a license to resell the
 
 8 same, and to sell draught beer or wine manufactured from grapes
 
 9 or other fruits grown in the State in any quantity to any person
 
10 for private use and consumption.  Under this license no liquor
 
11 shall be consumed on the premises except as authorized by the
 
12 commission.  Of this class, there shall be the following kinds:
 
13      (1)  Beer;
 
14      (2)  Wine;
 
15      (3)  Alcohol; and
 
16      (4)  Other specified liquor.
 
17 It shall be unlawful for any holder of a manufacturer's license
 
18 to have any interest whatsoever in the license or licensed
 
19 premises of any other licensee[.]; except that a brewer of beer
 
20 whose brewery is located within or without the state, may hold
 

 
Page 2                                                     1622
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 any interest in a wholesale dealer's or a manufacturer's license
 
 2 limited to manufacturing or wholesaling the beer brewed."
 
 3      2.  By amending subsection (d) to read:
 
 4      "(d)  Class 3.  Wholesale dealers' licenses.  A license for
 
 5 the sale of liquors at wholesale shall authorize the licensee to
 
 6 import and sell only to licensees or to others who are by law
 
 7 authorized to resell but are not by law required to hold a
 
 8 license, the liquors therein specified in quantities not less
 
 9 than five gallons at one time if sold from or in bulk containers
 
10 or not less than one gallon if bottled goods; provided that
 
11 samples of liquor may be sold back to the manufacturer.  The
 
12 license may authorize the licensee to sell draught beer in
 
13 quantities not less than five gallons at one time to any person
 
14 for private use and consumption if the licensee files an
 
15 affidavit with the commission that there is not a class 4 retail
 
16 dealers licensee available to sell the wholesalers brand of
 
17 draught beer.  Under the license no liquor shall be consumed on
 
18 the premises except as authorized by the commission.  Of this
 
19 class, there shall be the following kinds:
 
20      (1)  General (includes all liquors except alcohol);
 
21      (2)  Beer and wine; and
 
22      (3)  Alcohol.
 

 
 
 
Page 3                                                     1622
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 If any wholesale dealer solicits or takes any orders in any
 
 2 county other than that where the dealer's place of business is
 
 3 located, the orders may be filled only by shipment direct from
 
 4 the county in which the wholesale dealer has the dealer's
 
 5 license.  Nothing in this subsection shall prevent a wholesaler
 
 6 from selling liquors to post exchanges, ships service stores,
 
 7 army or navy officers' clubs, or like organizations located on
 
 8 army or navy reservations, or to any vessel other than vessels
 
 9 performing a regular water transportation service between any two
 
10 or more ports in the State, or to aviation companies who operate
 
11 an aerial transportation enterprise as a common carrier, under
 
12 chapter 269, engaged in regular flight passenger services between
 
13 any two or more airports in the State for use on aircraft, or
 
14 aviation companies engaged in transpacific flight operations for
 
15 use on aircraft outside the jurisdiction of the State.
 
16      It shall be unlawful for any holder of a wholesale dealer's
 
17 license to have any interest whatsoever in the license or
 
18 licensed premises of a retail licensee."
 
19      SECTION 2.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 3.  This Act shall take effect upon its approval.