SB3043

Report Title:

County Liquor Commissions; Licenses and Renewals

 

Description:

Increases prohibitions for licensure of a class 5, category 2 or 4, and class 11 license; prohibits renewals of a license with any violations in the six months prior to the renewal.

THE SENATE	S.B. NO.	3043
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to intoxicating liquor.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that problems related to drinking establishments are a continuing concern in many neighborhoods. For many years, the neighborhood boards in various communities on Oahu have focused attention on these problems in their communities and have worked to ensure that changes have been made in response.

The legislature further finds that the Ala Moana neighborhood board number 11 has adopted a resolution regarding liquor licensed establishments and recommended changes regarding certain kinds of bars.

The purpose of this Act is to implement recommendations from the neighborhood board regarding prohibitions for licenses of certain establishments and renewals of liquor licenses with any violations in the six months prior to the renewal.

SECTION 2. Section 281-39.5, Hawaii Revised Statutes, is amended to read as follows:

"§281-39.5 Liquor license prohibited; where. (a) The liquor commission or agency of each county [may] shall deny [or restrict] the issuance of a liquor license for on-site sale and consumption by the drink to any applicant whose establishment is or would be located within five hundred feet of a public or private elementary, intermediate, or high school, or public playground utilized extensively by minors, as determined by the liquor commission of each county[; provided that the liquor commission or agency of each county shall deny the issuance of a liquor license if forty per cent of the:

(1) Registered voters for the area within five hundred feet of the nearest point of the premises for which the license is asked; or

(2) Owners and lessees of record of real estate and owners of record of shares in a cooperative apartment within five hundred feet of the nearest point of the premises for which the license is asked;

have duly filed or caused to be filed their protests against granting the license]. The distance of five hundred feet shall be measured from the boundary of the school or public playground to the boundary of the applicant's premises. Public or private beaches, and public or private day care centers located in or adjacent to commercial areas shall not be deemed schools or public playgrounds for purposes of this section. The provisions of this section shall not apply to establishments located within areas designated by the appropriate counties for resort purposes, or to hotel liquor license applicants.

(b) The liquor commission or agency of each county shall deny the issuance of class 5, category (2) and (4), and class 11 licenses for on-site sale and consumption by the drink to any applicant whose establishment is or would be located within five hundred feet of a residence, place of worship, the Hawaii convention center, any other licensed liquor establishment, or a sexually oriented entertainment establishment not licensed to serve liquor, as determined by the liquor commission of each county.

[(b)] (c) This section shall apply only to the issuance of new liquor licenses for on-site sale and consumption by the drink and not to any renewal of such licenses."

SECTION 3. Section 281-61, Hawaii Revised Statutes, is amended to read as follows:

"§281-61 Renewals. (a) Other than for good cause, or except as provided in subsection (c), the renewal of an existing license shall be granted upon the filing of an application; provided that if:

(1) Complaints from the public;

(2) Reports from the commission's investigators; or

(3) Adjudications of the commission or the liquor control adjudication board,

indicate that noise created by patrons departing from the premises disturbs residents on the street or of the neighborhood in which the premises are located, or that noise from the premises or adjacent related outdoor areas under the licensee's control such as parking lots or lanais exceed standards contained in state or county noise codes and intrudes into nearby residential units, the commission may withhold the issuance of a renewed license until corrective measures meeting the commission's approval are taken.

(b) The commission, at the time of renewal or at any time, may revoke, suspend, or place conditions or restrictions on any license issued under this chapter for the purpose of preventing activities within the licensed premises or adjacent areas under the licensee's control that are potentially injurious to the health, safety, and welfare of the public including but not limited to criminal activity, including assault, drug dealing, drug use, or prostitution, upon petition of the administrator of the appropriate county agency, proper notice to the licensee, and a hearing before the commission pursuant to chapter 91.

(c) The commission shall deny the renewal of an existing license due to the violation of any condition of the license, or of any provision of this chapter, or of any rule or regulation applicable thereto, which occurred in the six months prior to the time of the renewal."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________