reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-35 Special conditions; club licenses.

§281-35 Special conditions; club licenses.
[(a)] No liquor shall be sold under a club license to any person not a member of the club nor a guest thereof enjoying the privileges of membership, but a member or a guest enjoying the privileges of membership may purchase liquor for consumption on the premises by the person's own guests.
[(b)] The liquor commission may by rule require the keeping and posting of lists of the members of a club, and the keeping and production of records as to membership and the registration of guests enjoying the privileges of membership.
[(c)] No liquor shall be sold or kept for sale at any club except by the club itself pursuant to its license. If any liquor is sold or kept on the club premises for sale or barter by any member, employee, or person other than the club itself, the club shall be deemed to be selling without a license. [L Sp 1933, c 40, §16; RL 1935, §2585; RL 1945, §7237; RL 1955, §159-34; HRS §281-35; am L 1990, c 171, §12; am L 2006, c 44, §1; am L 2008, c 168, §7]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-35.5 Special conditions; condominium hotel licenses.

§281-35.5 Special conditions; condominium hotel licenses.
A condominium hotel operator shall submit to the commission a copy of the information on the initial application for registration of the condominium hotel operator approved by the real estate commission pursuant to section 467-30, if the condominium hotel operator is required to be registered with the real estate commission. The condominium hotel operator shall maintain for inspection at the condominium hotel by any authorized employee of the commission a list of the units being utilized for transient lodgings from time to time as part of the condominium hotel. [L 2007, c 53, §1]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-37 Sales of alcohol.

§281-37 Sales of alcohol.
No alcohol shall be sold, bartered, or otherwise furnished by any person whether holding a license to manufacture or sell the same under this chapter or not, except to a person holding a license to resell the same, or to a person holding a purchase permit from the liquor commission to purchase the same.
Permits to purchase alcohol may be issued by the commission, without fee or charge therefor, to any person holding a license under the laws of the State to sell poisonous drugs, or to any person who in the opinion of the commission requires the use thereof for pharmaceutical or other purposes in the bona fide treatment of patients of such person, or for rubbing, cleansing, or as a preservative, or for any bona fide scientific purpose, but in no case for use for beverage purposes.
On every sale of alcohol the seller, after first being satisfied that the person presenting a permit is the person therein named, shall make a record on the permit and sign the same showing the name of the purchaser, the date, the quantity sold, and the purpose declared as to the intended use thereof. The seller shall also keep a separate record of the same matters. If in any permit there is a prescribed limit as to the quantity purchasable thereunder at any one time or in the aggregate in any given period of time, the permit shall not be honored beyond its terms.
The commission, by rules and regulations, where deemed appropriate, may provide for the sale of alcohol upon prescriptions of duly licensed physicians in lieu of the permits above mentioned. [L Sp 1933, c 40, §17; RL 1935, §2586; RL 1945, §7238; RL 1955, §159-36; HRS §281-37; gen ch 1985; am L 1986, c 339, §29]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-38 Conditions of licenses.

§281-38 Conditions of licenses.
Every license issued under this chapter shall contain the condition that it is subject to this chapter and any other laws applicable to the business of the licensee, whether in existence at the time of issue of such license or enacted or amended from time to time thereafter, and to all applicable rules and regulations of the liquor commission as the same may exist or be adopted or changed from time to time. [L Sp 1933, c 40, §20; RL 1935, §2589; RL 1945, §7241; RL 1955, §159-38; HRS §281-38]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-39 Place of business; exception; solicitors' and representatives' permits.

§281-39 Place of business; exception; solicitors' and representatives' permits.
(a) A license issued under this chapter shall authorize the doing of the business licensed only at the place described in the license, which shall be known as the licensed premises, except:
(1) In case of a removal with the prior written consent of the liquor commission indorsed on the license, or outside warehousing which may be located off the licensed premises with prior written consent of the liquor commission;
(2) That the units that are used to provide transient lodging under a class 15 license may change from time to time; provided that the condominium hotel operator shall submit quarterly to the commission the list of units being utilized as part of the condominium hotel and maintain a current list pursuant to section 281-35.5 at a condominium hotel for inspection by any authorized employee of the commission; and
(3) Any provision to the contrary notwithstanding, that a licensee holding a class 4 retail dealer license may deliver a customer's purchased liquor to the customer's vehicle located at a nearby curbside or other designated location.
(b) Except for a condominium hotel operator under a class 15 license, no change of premises under any issued license shall be allowed unless the doing of business on the new premises is authorized in the same manner as provided by this chapter for approval of any original premises; provided that the holder of any manufacturer's license or a wholesale dealer's license issued by the commission of any county may, through authorized solicitors or representatives, solicit and take orders for direct shipment of liquor in permitted quantities in any other county.
(c) Any person desiring to act as the authorized solicitor or representative of a manufacturer or wholesale dealer in any county shall make application to the commission of such county in which the person proposes to act for a permit to act as such.
(d) The application shall state the name of the applicant, the applicant's age, residence, and place of business, the name and address of the manufacturer or wholesale dealer the applicant represents and shall be accompanied by a statement from the manufacturer or wholesale dealer to the effect that the applicant has been appointed as its solicitor or representative. All sales and all orders taken for liquor by any such solicitor or representative shall be subject to the rules and regulations of the commission for the county within which the sales are made or orders taken. No solicitor or representative shall be permitted to have, own, or control any liquor for sale. [L Sp 1933, c 40, §21; RL 1935, §2590; am L 1939, c 205, pt of §1; RL 1945, §7242; RL 1955, §159-39; am L 1957, c 321, §1(c); am L 1965, c 31, §1(5); HRS §281-39; am L 1969, c 225, §1(c); am L 1972, c 177, §4; am L 1979, c 4, §1; gen ch 1985; am L 2007, c 53, §4; am L 2008, c 168, §8; am L 2023, c 65, §2]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-39.5 Liquor license prohibited; where.

§281-39.5 Liquor license prohibited; where.
(a) The liquor commission or agency of each county may 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 or condominium hotel liquor license applicants.
(b) 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. [L 1991, c 236, §2; am L 2001, c 257, §3; am L 2007, c 53, §5]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-40 Unlicensed liquor.

§281-40 Unlicensed liquor.
No licensee shall have or keep any liquor whatever, for sale or consumption, on or in connection with the licensee's licensed premises except as authorized by the licensee's license. Any unauthorized liquor found thereon shall be subject to summary seizure, confiscation, and forfeiture, and may be disposed of as hereinafter provided. [L Sp 1933, c 40, §22; RL 1935, §2591; RL 1945, §7243; RL 1955, §159-40; HRS §281-40; gen ch 1985]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-44 Advertisements and signs upon licensed premises.

§281-44 Advertisements and signs upon licensed premises.
(a) All licensed premises shall post a sign in or about the premises containing and notifying all customers and other persons of the possible sanctions that may be imposed for operating a vehicle under the influence of an intoxicant under sections 291E-41 and 291E-61. The sign shall be conspicuously positioned in order to be seen by an ordinarily observant person.
(b) The liquor commission may prescribe the character and extent of all other advertisements, posters, or signs which may be posted or maintained in or about the licensed premises. [L Sp 1933, c 40, §25; RL 1935, §2594; am L 1937, c 211, §13; RL 1945, §7246; am L 1949, c 301, §1(e); RL 1955, §159-44; HRS §281-44; am L 1977, c 121, §1; am L 1984, c 143, §1; am L 2001, c 157, §5]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-46 Pool buying.

§281-46 Pool buying.
(a) No holder of a wholesale dealer's or manufacturer's license shall refuse to sell liquor to two or more licensees pursuant to any pool buying agreement between the licensees which has been filed with the commission having jurisdiction over the licensees; provided that:
(1) The pool buying agreement is in writing and designates one of the licensees as the agent of the others for the purpose of pool buying;
(2) Any order for pool buying from the holder of a manufacturer's or wholesale dealer's license shall be placed by the agent and payment for that order shall be made by the agent;
(3) The holder of a manufacturer's or wholesale dealer's license in selling to the agent shall follow invoice, record keeping, and delivery procedures which are in compliance with this chapter and the rules of the commission of each county having jurisdiction over the seller; and
(4) Each pool buying transaction shall be completed on the day transacted, and where the pool buying agreement is between or among licensees from different counties, the transaction shall be deemed completed when the product has been delivered to a freight forwarder, water carrier or private trucking firm for delivery to the licensees.
(b) As used in this section, "pool buying" means two or more licensees sharing the cost of a single purchase of liquor.
(c) Nothing in this section shall be deemed to exempt any licensee entering into any pool buying agreement from any antitrust laws. [L 1980, c 21, §1; am L 1983, c 229, §1]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-47 Standard bar; music and dancing available.

§281-47 Standard bar; music and dancing available.
Any standard bar establishment may provide facilities for dancing by patrons, including a dance floor and live or recorded music, if the establishment is located in a commercial district and obtains the approval of the commission to provide such services on a one time trial basis not to exceed ninety days; provided that the music and dancing shall be allowed only during the trial period. [L 1983, c 292, §2; am L 1984, c 269, §3]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-51 Prior inspection.

§281-51 Prior inspection.
No license shall be issued under this chapter unless and until the liquor commission has caused to be made a thorough inspection of the premises upon which the proposed business is to be conducted and is satisfied as to its fitness and that all other general conditions and proposed methods of operation under the license are such as are suitable for carrying on the business in a reputable way. "In a reputable way" includes among other considerations operating in such a manner that activities within the premises or in such adjacent related outdoor areas such as parking lots or lanais will not create noise in excess of standards contained in state or county noise or vibration codes which intrudes into nearby residential units. [L Sp 1933, c 40, §27; RL 1935, §2596; RL 1945, §7248; RL 1955, §159-50; HRS 281-51; am L 1975, c 55, §2]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-52 Public hearing.

§281-52 Public hearing.
No license shall be granted except after a public hearing by the liquor commission upon notice as prescribed in this chapter; provided that sections 281-57 to 281-60 shall not apply to the holder of a restaurant general license, a wholesale general license, a retail general license, or a dispenser's general license, who applies for a different kind of license within the class of the holder's existing license, on the same premises, or to the holder of a cabaret license who applies for a dispenser license of any kind, on the same premises, or to the holder of a dispenser's beer and wine license who applies for dispenser's beer license, on the same premises, or to a licensee whose licensed premises have been demolished and replaced by another building on the same premises and who applies for the same or lesser kind of the same class of liquor license previously held by the licensee on said premises. [L Sp 1933, c 40, §28; RL 1935, §2597; am L 1939, c 205, pt of §1; RL 1945, §7249; RL 1955, §159-51; am L 1967, c 62, §1; HRS §281-52; am L 1969, c 197, §1; am L 1972, c 149, §1; gen ch 1985; am L 2008, c 168, §10]
Case Notes
Where a public hearing pertaining to the issuance of a liquor license was statutorily required under §281-57 and this section, and petitioner's legal rights, duties, and privileges were determined based on the public hearing regarding the decision to grant or deny a liquor license to petitioner, the public hearing was a "contested case" hearing governed by chapter 91; thus, (1) petitioner was entitled to judicial review under §91-14, (2) §91-11 applied to proceedings on petitioner's application for liquor license, and (3) the liquor commission did not comply with §91-11. 118 H. 320, 189 P.3d 432 (2008).
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-53 Application; penalty for false statements.

§281-53 Application; penalty for false statements.
Every application for a license or for the renewal of a license or for the transfer of a license shall be in writing, signed, and notarized by the applicant, or in the case of a corporation or unincorporated association by the proper officer or officers thereof, or if a partnership by a general partner thereof, or if a limited liability partnership by a partner thereof, or if a member-managed limited liability company by a member thereof, or if a manager-managed limited liability company by a manager thereof, and shall be addressed to the liquor commission, and set forth:
(1) The full name, age, and place of residence of the applicant; if a copartnership, the names, ages, and respective places of residence of all the partners; if a limited liability company, its full name and the names of all its members; if a corporation or joint-stock company, its full name and the names of its officers and directors, and the names of all stockholders owning twenty-five per cent or more of the outstanding capital stock; if a publicly-traded company, or an entity ultimately solely owned by a publicly-traded company, the names of the officers designated as the primary decision-makers regarding the purchase and sale of liquor; and if any other association of individuals, the names, ages, and respective places of residence of its officers and the number of its members;
(2) A particular description of the place or premises where the proposed license is to be exercised, so that the exact location and extent thereof may be clearly and definitely determined therefrom;
(3) The class and kind of license applied for; and
(4) Any other matter or information pertinent to the subject matter, which may be required by the rules of the commission.
If any false statement is knowingly made in any application that is not verified by oath, the person or persons signing the application shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 281-102. [L Sp 1933, c 40, §29; RL 1935, §2598; am L 1937, c 211, §14; RL 1945, §7250; RL 1955, §159-52; am L 1957, c 321, §1(f); am L 1959, c 100, §1; am L 1967, c 167, §1; HRS §281-53; am L 1972, c 177, §5; am L 1990, c 171, §15; am L 1998, c 90, §4; am L 2008, c 168, §11; am L 2016, c 12, §3; am L 2017, c 184, §4; am L 2022, c 76, §6]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-53.5 County liquor commissions; criminal history record check.

§281-53.5 County liquor commissions; criminal history record check.
(a) The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section 846-2.7; provided that neither a criminal history record check nor compliance with this section shall be required for the officers and directors of publicly-traded companies or entities ultimately solely owned by a publicly-traded company, who are not designated as primary decision-makers regarding the sale or purchase of liquor. The criminal history record check, at a minimum, shall require the applicant to disclose whether:
(1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and
(2) The judgment of conviction has not been vacated.
For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include but not be limited to the applicant's name, social security number, date of birth, and gender. This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section.
(b) The applicant shall submit to the liquor commission:
(1) A statement signed under penalty of law as to whether the applicant has ever been convicted of a crime other than a minor traffic violation;
(2) Written consent to request and obtain criminal history record information for verification; and
(3) Permission to be fingerprinted.
(c) The liquor commission shall obtain criminal history record information through the Hawaii criminal justice data center on the applicant. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to applicable federal laws and regulations currently or hereafter in effect. [L 2003, c 95, §3; am L 2017, c 184, §5]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-54 Filing fees with application.

§281-54 Filing fees with application.
A filing fee in such amount as shall be established by the respective liquor commission shall be paid with any application for an initial issuance of a license or for a transfer of a license.
Where a license is granted, the filing fee deposited with the application shall become part payment of the fee required for such license. Where an application is denied or withdrawn, the filing fee paid shall become a realization of the county. [L 1951, c 223, §1(7); RL 1955, §159-53; am L 1965, c 31, §1(4) and c 181, §1; HRS §281-54; am L 1988, c 383, §5]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-55 Reference to investigator.

§281-55 Reference to investigator.
Upon the filing of any application the administrator of the liquor commission shall indorse thereon the date of filing thereof. If no patent disqualification of the applicant or certain valid objection to the granting of the application is apparent initially and if all requirements relative to the filing of the application appear to have been complied with, the application shall be referred to the investigator for investigation. [L Sp 1933, c 40, §30; RL 1935, §2599; RL 1945, §7251; RL 1955, §159-54; HRS §281-55; am L 1975, c 55, §3; am L 1990, c 171, §16]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-56 Report by investigator.

§281-56 Report by investigator.
(a) On every application referred to the investigator under section 281-55, the investigator shall report in writing to the liquor commission and, if the application is for a license of any class other than class 8, class 9, or class 10, the report shall include:
(1) A description of the premises intended to become the licensed premises, and the equipment and surrounding conditions, including the relationship to surrounding residences that may share a common boundary or a common structure with the premises proposed for licensing;
(2) If the application is made by a person who has held a prior license for the same or any other premises within two years past, a statement as to the manner in which the premises have been operated and the business conducted under the previous license;
(3) The locality of any church, chapel, or school, if any, within a distance of five hundred feet from the nearest point of the premises for which the license is proposed to the nearest point of the church, chapel, or school grounds;
(4) The number, position, and distance from the premises, in respect of which a license is applied for, of any other licensed premises of the same class in the neighborhood;
(5) The number of licenses of the same class or kind already issued and being lawfully exercised within the county;
(6) Whether or not the applicant is for any reason disqualified by this chapter from obtaining or exercising a license; and whether or not the applicant has complied with all the requirements of this chapter relative to the making and filing of the applicant's application;
(7) For the next application by the same applicant for a license in the same physical location that was previously denied, refused, or withdrawn, evidence, to be provided by the applicant, of a substantial change in the circumstances that caused the previous denial, refusal, or withdrawal; and
(8) The possible adverse effects the premises, after licensing, may have on the surrounding community if the license application is for premises within a county having a population of five hundred thousand residents or more.
(b) A copy of the report shall be furnished to the applicant not less than forty-eight hours before any hearing is had upon the application. Upon written request, a copy of the report shall be furnished to any requester.
(c) The applicant and any protester may challenge findings contained in the investigator's report before or at any hearing on the application. [L Sp 1933, c 40, §31; RL 1935, §2600; am L 1937, c 211, §15; am L 1939, c 205, pt of §1; am L Sp 1941, c 89, §1(c); RL 1945, §7252; am L 1945, c 217, §1; RL 1955, §159-55; HRS §281-56; am L 1971, c 113, §1; am L 1975, c 55, §4; gen ch 1985; am L 1990, c 171, §17; am L 2001, c 257, §5; am L 2002, c 120, §3; am L 2008, c 168, §12; am L 2022, c 76, §7]
Cross References
Zero tolerance policy for drugs and weapons, see §302A-1134.6.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-58 Protests.

§281-58 Protests.
Protests against the granting of a license may be filed by any person. Protests against the granting of a license upon such application, which qualifies for an automatic refusal pursuant to section 281-39.5 or 281-59, may be so filed by any registered voter for the area within five hundred feet of the nearest point at which the applicant proposes to establish or continue the applicant's business under the license applied for, or by any owner or lessee of record of real estate or by any owner of record of a share in a cooperative apartment situated within a distance of five hundred feet from the nearest point of the premises for which the license is asked to the nearest point of such real estate or cooperative apartment. [L Sp 1933, c 40, §33; RL 1935, §2602; RL 1945, §7254; RL 1955, §159-57; HRS §281-58; am L 1972, c 177, §6; am L 1984, c 123, §2; gen ch 1985; am L 2008, c 168, §14]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-60 Further application.

§281-60 Further application.
(a) Except as provided for in section 281-13, if an applicant has at any time been denied or refused a license, no further application from the applicant pertaining to the same premises or building location shall be considered for one year from the denial or refusal.
(b) If an application pertaining to a particular premises or building location is denied, refused, or withdrawn, the next application from any applicant for that premises or building location shall include a report prepared by the applicant evidencing a substantial change in the circumstances that caused the previous denial, refusal, or withdrawal. The commission shall deny the application at the preliminary hearing unless the applicant submits evidence of a substantial change in the circumstances that previously caused the denial, refusal, or withdrawal of an application pertaining to that premises or building location. The commission may consider the following factors in deciding whether to grant an application pertaining to a premises or building location for which an application has previously been denied, refused, or withdrawn:
(1) Whether a majority of the registered voters residing within five hundred feet of the nearest point of the premises or building location for which the license is asked, or a majority of the 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 or building location for which the license is asked, no longer oppose the granting of the license;
(2) Whether plans for the construction, building design, use, or operation of the proposed establishment have been altered such that they will not conflict with the character of the surrounding area. In evaluating the character of an area for the purposes of this section, the commission may consider the following factors:
(A) The usual and existing types of business, residential, and recreational uses and activities within the area;
(B) The proximity of residential areas;
(C) The population density of the area;
(D) The typical or ambient noise levels of the area;
(E) The motor vehicle traffic volume, congestion, and noise; and
(F) Any other factors that the commission finds relevant;
(3) Whether the neighborhood board for the area where the premises is located has rendered a decision on the granting of the license;
(4) Whether the applicant is a fit and proper person to have a license; and
(5) Any other considerations deemed by the commission to affect the matter of the application, the issuance, or the exercise of the license applied for. [L Sp 1933, c 40, §35; RL 1935, §2604; RL 1945, §7256; am L 1951, c 223, §1(8); RL 1955, §159-59; HRS §281-60; gen ch 1985; am L 1986, c 67, §1; am L 1990, c 171, §20; am L 1996, c 62, §2; am L 2001, c 257, §8]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-61 Renewals.

§281-61 Renewals.
(a) Other than for good cause, 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 such as parking lots or lanais exceed standards contained in state or county noise codes or intrudes into nearby residential units, the commission may deny the renewal application or withhold the issuance of a renewed license until corrective measures meeting the commission's approval are taken.
(b) The commission or board, pursuant to section 281-17, 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 that are potentially injurious to the health, safety, and welfare of the public and neighborhood including but not limited to criminal activity, including assault, drug dealing, drug use, or prostitution, upon proper notice to the licensee, and a hearing before the commission pursuant to chapter 91.
(c) The commission or board shall deny renewal of a class 2, class 4, class 5, class 6, class 11, class 12, class 13, class 14, class 15, class 17, or class 18 license if the applicant for renewal fails to present proof of the liquor liability insurance required by section 281-31(s). [L Sp 1933, c 40, §36; RL 1935, §2605; am L 1935, c 105, §12; am L 1937, c 211, §16; am L 1939, c 205, pt of §1; am L Sp 1941, c 89, §1(c); RL 1945, §7257; RL 1955, §159-60; HRS §281-61; am L 1975, c 55, §6; am L 1987, c 256, §1; am L 1990, c 171, §21; am L 1995, c 192, §1; am L 1999, c 39, §1; am L 2008, c 168, §16; am L 2009, c 177, §3; am L 2010, c 198, §4; am L 2014, c 211, §6]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-62 Reduction or increase in area of licensed premises.

§281-62 Reduction or increase in area of licensed premises.
The liquor commission may, in its discretion, permit the reduction or the increase in the area of the licensed premises of any licensee without publication of notice at a public hearing; provided that, where an increase in premises may significantly impact the public, the commission may require hearings pursuant to sections 281-39.5 and 281-57 to 281-60. Whenever any reduction or increase is permitted, the same shall be endorsed in some appropriate manner upon the license. [L 1937, c 211, §17; am L 1939, c 205, pt of §1; RL 1945, §7258; RL 1955, §159-61; HRS §281-62; am L 2008, c 168, §17]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-71 Posting of license.

§281-71 Posting of license.
Every license issued and in effect under this chapter shall at all times be conspicuously posted and exposed to view, convenient for inspection, on the licensed premises. For failure thereof the license may be suspended or revoked by the liquor commission or liquor control adjudication board. [L Sp 1933, c 40, §37; RL 1935, §2606; RL 1945, §7259; RL 1955, §159-70; HRS §281-71; am L 1998, c 249, §11]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-72 Condition of premises.

§281-72 Condition of premises.
All premises licensed or proposed to be licensed shall be constructed, arranged, furnished, equipped, maintained, and operated in such manner as may be prescribed by the liquor commission. [L Sp 1933, c 40, §38; RL 1935, §2607; RL 1945, §7260; RL 1955, §159-71; HRS §281-72]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-73 Quality of liquor; penalty.

§281-73 Quality of liquor; penalty.
No liquor at any time manufactured or sold in the State shall be other than of a pure quality, according to any applicable legal standard therefor under the laws of the United States, unadulterated with any mixture of noxious, deleterious, or poisonous substance.
Any person who manufactures or sells any liquor of a quality or character contrary to this section, shall be guilty of a misdemeanor and upon conviction shall be punished as in section 281-102 provided. [L Sp 1933, c 40, §39; RL 1935, §2608; RL 1945, §7261; RL 1955, §159-72; HRS §281-73]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-74 Labels on containers.

§281-74 Labels on containers.
All persons manufacturing any liquor for sale under this chapter shall securely and permanently attach to every container thereof, as the same is manufactured, a label stating the name of the manufacturer or, in lieu thereof, if the manufacturer does business under another name, stating such name, and stating the kind and quantity of liquor contained therein. Every container containing liquor for sale by any person holding a wholesale or retail license shall have securely and permanently attached to it such a label. In addition to the foregoing requirements, all such labels shall conform in all respects to the then existing federal laws and regulations regarding such labels.
Before attaching any label containing the name by which the manufacturer does business, in lieu of the manufacturer's name, the manufacturer shall first register such business name under chapter 482. The manufacturer shall furnish to the liquor commission written confirmation of such registration and such other information as may be deemed necessary or appropriate by the liquor commission to enable it to establish and maintain records to properly identify the manufacturer, its name or names by which it does business and the liquor manufactured. The records so established and maintained shall be available for public inspection. [L Sp 1933, c 40, §40; RL 1935, §2609; am L 1937, c 211, §18; RL 1945, §7262; RL 1955, §159-73; am L 1965, c 94, §1; HRS §281-74; gen ch 1985]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-75 Analyses.

§281-75 Analyses.
Whenever the liquor commission or investigator thereof has reason to believe or suspect, on complaint or otherwise, that any liquor being manufactured or which is possessed or kept for sale by any licensee is or may be impure or adulterated or otherwise not conformable to any lawful requirement, the commission or investigator thereof or other person authorized in writing by the commission or by the investigator may secure a sample thereof for analysis. Upon such sample being obtained, as though by ostensible purchase or otherwise, the person procuring the same shall immediately disclose to the licensee the person's office or authority and purpose, and in case the procurer is a person other than the commission or the investigator the procurer shall then deliver to the licensee a copy of the written order for the procurement of the sample. The bottle or other container containing the sample shall then and there be sealed by the procurer thereof before being taken from the premises of the licensee and the licensee may also attach the licensee's seal thereto.
The investigator shall cause the sample so obtained to be immediately delivered with the seal or seals unbroken to the state department of health or some competent analyst employed by the commission who shall make an analysis of the liquor and shall send a certified report thereof to the investigator, who shall immediately file the same with the commission's administrator.
If the sample analyzed is found pure and unadulterated and conformable with all legal requirements for such liquor, the certificate referred to in the preceding paragraph shall so state, and the commission shall pay to the licensee a sum equal to the value of the sample, and if requested by the licensee the administrator shall furnish the licensee a copy of the analysis.
If the certificate of analysis shows the sample to be impure or adulterated or contrary to any legal requirement the licensee shall be prosecuted for selling, or offering for sale, or furnishing forbidden liquor in violation of this chapter. [L Sp 1933, c 40, §41; RL 1935, §2610; RL 1945, §7263; RL 1955, §159-74; am L Sp 1959 2d, c 1, §19; HRS §281-75; gen ch 1985; am L 1990, c 171, §22]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-76 Tampering with samples; penalty.

§281-76 Tampering with samples; penalty.
Any person who tampers with any sample of liquor taken for analysis under this chapter shall be fined not more than $2,000 or imprisoned not more than one year, or both. [L Sp 1933, c 40, §42; RL 1935, §2611; RL 1945, §7264; RL 1955, §159-75; HRS §281-76; am L 1990, c 171, §23]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-77 Refusal of samples; penalty.

§281-77 Refusal of samples; penalty.
Any licensee who refuses to deliver or accede to the taking of any sample of liquor for analysis upon disclosure of the procurer's authority as provided by section 281-75 shall be fined not more than $2,000. [L Sp 1933, c 40, §43; RL 1935, §2612; RL 1945, §7265; RL 1955, §159-76; HRS §281-77; am L 1990, c 171, §24]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-78.5 Practices to promote excessive consumption of liquor; prohibited.

§281-78.5 Practices to promote excessive consumption of liquor; prohibited.
(a) No person licensed to sell liquor for consumption on the premises shall engage in practices which promote excessive consumption of liquor.
(b) The liquor commission shall adopt rules pursuant to chapter 91 to prohibit specific liquor promotion practices which promote excessive consumption of liquor; provided that any rules adopted by the counties related to the stacking of liquor shall specify that:
(1) Stacking of beer shall be defined based on a standard serving size of total volume; and
(2) A standard serving size of beer shall be defined as not exceeding a total volume of thirty-two ounces before a customer at any one time.
(c) Any person who violates this section or any rule adopted by the commission pursuant to this chapter shall be guilty of a violation for each separate offense. Each date of violation shall constitute a separate offense. [L 1987, c 137, §1; am L 2019, c 226, §3]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-79 Entry for examination; obstructing liquor commission operations; penalty.

§281-79 Entry for examination; obstructing liquor commission operations; penalty.
Every investigator shall, and any officer having police power may, at all reasonable times, and at any time whatsoever if there is any reasonable ground for suspicion that the conditions of any license are being violated, without warrant enter into and upon any licensed premises and inspect the same and every part thereof, and any books or records therein, to ascertain whether or not all conditions of the license and all provisions of this chapter are being complied with by the licensee.
If any investigator or officer, or any person called by the investigator or officer to the investigator's or officer's aid, is threatened with the use of violence, force, or physical interference or obstacle, or is hindered, obstructed, or prevented by any licensee, the licensee's employees, or any other person from entering into the premises, or whenever any investigator or officer is by any licensee, the licensee's employees, or any other person opposed, obstructed, or molested in the performance of the officer's duty in any respect, the licensee, the licensee's employee, or any other person shall be fined not more than $2,000 or imprisoned not more than one year, or both.
Whenever any investigator or officer, having demanded admittance into any licensed premises and declared the investigator's or officer's name and office, is not admitted by the licensee or the person in charge of the premises, it shall be lawful for the investigator or officer to forcibly and in any manner to break into and enter the premises. [L Sp 1933, c 40, §49; RL 1935, §2618; RL 1945, §7267; RL 1955, §159-78; HRS §281-79; gen ch 1985; am L 1986, c 344, §15; am L 1990, c 171, §26; am L 2022, c 76, §8]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-80 Arrest.

§281-80 Arrest.
Any investigator or police officer who observes any violation by any person of this chapter or of any rule or regulation of the liquor commission, may forthwith arrest the person without a warrant. Whenever any violation of this chapter or of the regulations of the commission occurs in the presence of any licensee, or any investigator or police officer, upon request of the licensee the police officer or investigator may assist the licensee in arresting any patron for violation thereof. [L Sp 1933, c 40, §50; RL 1935, §2619; am L 1939, c 205, pt of §1; RL 1945, §7268; RL 1955, §159-79; HRS §281-80; am L 1990, c 171, §27]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-82 No action for debt.

§281-82 No action for debt.
No person except a licensed manufacturer or licensed wholesale or retail dealer or his heirs, personal representatives, trustees, or assigns with respect to sales regularly made under his license shall recover by any process of law any debt or demand on account of the sale on credit of any liquor, nor on any note or like obligation given in payment for liquor. [L Sp 1933, c 40, §52; RL 1935, §2621; RL 1945, §7270; RL 1955, §159-81; HRS §281-82; am L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-84 Exclusion of intoxicated person from premises; penalty.

§281-84 Exclusion of intoxicated person from premises; penalty.
Every person who, being under the influence of liquor, enters any premises licensed for the sale of liquor, or being under the influence of liquor there remains after having been requested by the licensee or any person in the licensee's employ to leave the premises, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as in section 281-102 provided. [L Sp 1933, c 40, §53; RL 1935, §2622; RL 1945, §7272; RL 1955, §159-83; HRS §281-84; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-85 Prize, gift, premium, and other inducement.

§281-85 Prize, gift, premium, and other inducement.
(a) Unless otherwise provided by this chapter, it shall be unlawful for any person to offer or to provide any intoxicating liquor as a prize or inducement at any public amusement, public gathering or place open to the public.
(b) It shall be unlawful for any person acting as agent or representative of a nonresident principal or for any licensee directly or indirectly, or through any subsidiary or affiliate, to give any premium or free goods of intoxicating liquor or other merchandise in connection with the sale of any intoxicating liquor; or to offer or to provide any premium or free goods of intoxicating liquor in connection with the sale of other merchandise.
(c) No retail dealer and no licensee who is authorized to sell liquor for consumption on the licensee's premises shall solicit or accept, either directly or indirectly, a premium or free goods of any nature in connection with the retail dealer's or licensee's purchase of liquor from a manufacturer or wholesale dealer. [L 1937, c 211, §20; RL 1945, §7274; am L 1951, c 223, §1(11); RL 1955, §159-84; HRS §281-85; am L 1971, c 122, §1; gen ch 1985; am L 1990, c 171, §28; am L 2009, c 184, §11]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-92 Appeals.

§281-92 Appeals.
Any licensee aggrieved by any order assessing or providing for the collection of a penalty, or by any order suspending or revoking any license, may appeal therefrom in the manner provided in chapter 91 to the circuit court of the circuit in which the liquor commission or liquor control adjudication board making the order has jurisdiction and the judgment of the court shall be subject to review, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. [L Sp 1941, c 41, §1; RL 1945, §7276; am L 1951, c 280, §1; RL 1955, §159-91; am L 1965, c 96, §99; HRS §281-92; am L 1979, c 149, §2; am L 1980, c 232, §11; am L 1998, c 249, §13; am L 2004, c 202, §35; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
Appeal to circuit court, see HRCP rule 72; appeals, see Hawaii Rules of Appellate Procedure.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-93 Reports to prosecuting officers.

§281-93 Reports to prosecuting officers.
When the revocation or suspension of any license is by reason of any violation of law the liquor commission or the administrator shall report the facts to the prosecuting officer for prosecution. [L Sp 1933, c 40, §56; RL 1935, §2625; RL 1945, §7277; RL 1955, §159-92; HRS §281-93; am L 1998, c 249, §14]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-94 Forfeiture of fee paid.

§281-94 Forfeiture of fee paid.
If any license is revoked or canceled by the liquor commission or liquor control adjudication board, the fee paid for the license or any unexpended portion thereof shall be forfeited to the county. [L Sp 1933, c 40, §57; RL 1935, §2626; RL 1945, §7278; RL 1955, §159-93; HRS §281-94; am L 1998, c 249, §15; am L 2006, c 44, §3]