The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-06


light wine and the first instance
That the restriction uniform legs-
aion
OPINION OF THE COURT BY FREAR, J.
f;
This is submission upon the following agreed facts: During
year Omann has held license for the sale OF light wines
and beer at his premises Waikiki When that license was
granted there was existence any license for the sale OF
sptuo liquors at retail within miles of said premises but
since then three licenses have been issued under two OF
which the of vending such liquors actually carried on
Omann applied renewal of his license but the Minister
declined grant the ground that he prevented from
Doing by the terms of the (Sec l. CHI 61 Laws OF
1891 agreed that it, in the opinion of the court the
statute does not prevent renewal of the license Judgment
may entered directing the Minister It, otherwise that
this proceeding shall be dismissed
The section of the question provides for the issuance
OF what commonly called light WINE and beer licenses ana
then proceeds as follows:
than three of such licenses shall be issued for each
of the Judicial Districts the Republic provided however, that
any district place in which there license IN ex
tenee the selling retail of pruous liquors and the bust
vending sptuou liquors retail Is actually carried on
no such license shall be issued within miles from the place
where business being carried under such license Provided
however that Nuuanu Valley, Waikiki and Kah in the Dis
Kona Island of Oahu shall for the purposes of this Act
be each considered Judicial District"
The question whether this within the restriction
that light wine and beer license shall be issued within two
miles from the place where business carried under spritu
Gus liquor license.
One argument is that the restriction applies only where there
was sprtuons liquor license Gin existence the date of the
Act and that therefore does apply in the present since
such licenses were not Waikiki until after the Act took
effect But the language of the restrictive clause
the words may refer the date Of the
proposed issuance of the light and beer license quite well
the date the Act and when consider the result
hold that they do refer the of the proposed and
the date of the Act fo they referred the date of
the Act light wine and beer license could be issued
any particular locality if there had been sptuous liquor lie
existence that locality the date of the
though it had afterwards expired and had been renewed
The Legislature evidently did intend such a result
The principal argument this That the restriction upon
power of the Minister grant license sell light and
beers within two miles from place where the business of vend
ing sprtuous liquors is carried under license not in
tended police regulation for the protection of the public
might have been if the words were hn miles from
school house of worship but that it inserted solely in
the interests of vendors of sptuou liquors. and that while the
holder of light wine and beer license has vested interest in
his business against the government bradley Thso
Haw $780, yet he has against holders of other licenses
that therefore the restriction ought be held apply
of renewal of license where the vendor of sptuou
liquors has obtained his license since the granting of the light
and the first instance 1t contended that
there plain difference between the renewal of license and
The original issue of license.
The statute does not in make any distinction between
the renewal of license and the granting of license in the first
instance Nor there such distinction in law of the
s'ue There such thing renewal of license under
che statute In each the Minister simply grants license
Tor one year The refers the renewal of
Incense 1t treats all licenses similar whether first or sub
equet licenses granted the different persons for the
same or different premises Perhaps in the popular differ
fnce recognized the thought being of the business which
ues on under successive licenses rather than the license which