reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-7 Statewide transportation council; responsibilities.

§279A-7 Statewide transportation council; responsibilities.
In addition to its responsibility for coordinating the development of a statewide transportation plan, the council shall be responsible for the following functions:
(1) The council shall be responsible for making recommendations on projects for submission to the legislature which involve solely and exclusively either state highways, harbors and water-borne transit, and airports and air transportation; solely and exclusively state funds; or solely state lands. All other projects for submission to the legislature, including intra-county mass transit projects, shall be the responsibility of the counties.
(2) In respect to transportation projects for which the counties are responsible for planning and approval prior to submission to the legislature, the council shall review such projects and prepare comments for the legislature regarding:
(A) The degree to which an intra-island transportation project interfaces efficiently with existing proposed inter-island transportation system; and
(B) The relationship between the specific projects' possible requirements for state financial assistance and projections as to the State's total potential financial commitments required for development of a statewide transportation system.
(3) Counties which do not have metropolitan planning organizations may request from the council, and the council shall provide, technical assistance to the counties in the preparation of their respective county transportation plans as components of the statewide transportation planning process. The amounts of technical assistance to be provided hereunder are within the discretion of the chairperson who shall consider in making the chairperson's determinations the magnitude of the problems which exist in the requesting counties, the availability of local resources, the degree to which they are cooperatively participating in the statewide planning process and the adequacy of the council's budget considering the financial requirements of overall council operations. [L 1975, c 179, §7; gen ch 1985; am L 1991, c 35, §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-8 Oahu metropolitan planning organization; effect on funding.

§279A-8 Oahu metropolitan planning organization; effect on funding.
The provisions of this chapter do not affect the entitlement of the metropolitan planning organization for the island of Oahu or any other county to unconditionally receive and administer transportation planning funds pursuant to 23 United States Code section 134, as amended. [L 1975, c 179, §8; am L 2015, c 132, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279A. Statewide Transportation Planning › 279A-9 Limitation of transportation units.

§279A-9 Limitation of transportation units.
The council shall be responsible for limiting and curtailing the numbers and kinds of transportation units in the State. The council shall determine, as often as the council deems to be necessary or as required by the legislature, after consultation with the department of traffic and other appropriate departments of the counties, the number, size, and use of transportation units of any kind that may be within the territory of any island of the State at any one time. The council shall make its determination on the basis of preserving, safeguarding, and enhancing the physical and mental health of the residents of the State, and the ecology and environmental quality of the State, and shall take into consideration the need for high priority and vital movement of people and goods. The council shall report its findings to the legislature as soon as its findings are completed. [L 1975, c 179, §9; am L 1979, c 26, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-1 Statement of purpose.

§279D-1 Statement of purpose.
The legislature finds that 23 United States Code sections 134-135 and 49 United States Code sections 5303-5304, as amended, and federal regulations adopted pursuant thereto, and other federal laws require that metropolitan planning organizations be designated based on a minimum population threshold as defined in federal law to act as a decision-making agency and to receive certain funds for the purpose of carrying out a continuing, cooperative, and comprehensive transportation planning process.
Metropolitan planning organizations have their own policy board and staff. It is the responsibility of the policy board to make decisions that are the result of the continuing, cooperative, and comprehensive transportation planning process, and the organization's staff support and provide technical resources to the policy board. The continuing, cooperative, and comprehensive planning process is designed to provide both orderly and reasoned metropolitan transportation planning within the framework of federal law, and adequate and informed representation from state and county governments, operators of public transportation receiving federal funds, the public at large, and others as identified in 23 Code of Federal Regulations part 450, subpart C. [L 2015, c 132, pt of §1; am L 2019, c 111, §9]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-2 Definitions.

§279D-2 Definitions.
For purposes of this chapter:
"Comprehensive agreement" means the executed agreement between the member jurisdictions or authorities of a metropolitan planning organization concerning the organization and structure of the metropolitan planning organization, the roles and responsibilities of its member jurisdictions or authorities, and the provision of funding and membership dues.
"Employees" means an executive director of a metropolitan planning organization, and all staff of a metropolitan planning organization.
"Member jurisdiction or authority" means a local or state jurisdiction or a local or regional authority that has entered into a comprehensive agreement to support the metropolitan planning process and that is provided representation on the metropolitan planning organization's policy board.
"Metropolitan planning area" means a metropolitan planning area determined under title 23 United States Code section 134, as amended.
"Metropolitan planning organization" means a metropolitan planning organization designated or redesignated under 23 United States Code section 134, as amended.
"Policy board" means the policy decision-making body of a metropolitan planning organization.
"Transportation management area" means a transportation management area identified and designated pursuant to 23 United States Code section 134, as amended. [L 2015, c 132, pt of §1; am L 2018, c 72, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-3 Establishment of metropolitan planning organizations; duties.

§279D-3 Establishment of metropolitan planning organizations; duties.
(a) Metropolitan planning organizations shall be designated pursuant to 23 United States Code section 134(d)(1) and shall meet all requirements of 23 United States Code sections 134-135 and 49 United States Code sections 5303-5304, as amended, and any federal regulations adopted pursuant thereto.
(b) A metropolitan planning organization shall:
(1) Operate according to executed comprehensive agreements, including any supplemental agreements, between the State, county, and other operators of public transportation receiving federal funds; and
(2) Facilitate and support the continuing, cooperative, and comprehensive transportation planning process between the State, county, and other operators of public transportation receiving federal funds, including the consideration of projects and strategies that support national planning factors as defined in 23 United States Code section 134, regional goals and objectives, and consideration of plans and planning activities of others as they affect transportation.
(c) A metropolitan planning organization may:
(1) Assign to staff members duties not defined or designated by federal law, this chapter, or executive agreement;
(2) Enter into agreements with the State, county, other operators of public transportation receiving federal funds, and other entities as needed to fully comply with all requirements of federal law and this chapter;
(3) Be placed within a state or county agency, as appropriate, for administrative purposes only;
(4) Contract to purchase goods and services, including professional and technical assistance and advice;
(5) Contract for or accept revenues, compensation, proceeds, and gifts or donations or grants in any form from any public agency; and
(6) Contract with other state or local agencies and quasi-public or private organizations for the use of their staff resources to assist the metropolitan planning organization in its functions. [L 2015, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-4 Transportation management area metropolitan planning organizations.

§279D-4 Transportation management area metropolitan planning organizations.
(a) Pursuant to 23 United States Code section 134(k), a metropolitan planning organization serving an urban area with a population of 200,000 or more shall be designated a transportation management area.
(b) Pursuant to section 26-35, the transportation management area metropolitan planning organizations shall be attached to the department of transportation for administrative purposes only. The respective policy boards and not the department of transportation shall be responsible for the management of transportation management area metropolitan planning organizations as it pertains to 23 United States Code sections 134-135 and 49 United States Code sections 5303-5304. The various roles and responsibilities of transportation management area metropolitan planning organizations and the department of transportation regarding the administration of the transportation management area metropolitan planning organization may be further defined by agreement between the two entities.
(c) This chapter shall apply to transportation management area metropolitan planning organizations.
(d) Notwithstanding any law to the contrary, transportation management area metropolitan planning organizations shall be exempt from section 26-35, except subsections (a)(7) and (8), and (b). [L 2015, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-5 Oahu transportation management area metropolitan planning organization revolving fund.

§279D-5 Oahu transportation management area metropolitan planning organization revolving fund.
(a) There is established in the state treasury a revolving fund to be known as the Oahu transportation management area metropolitan planning organization revolving fund to be administered by the department of transportation in accordance with federal law and into which shall be deposited:
(1) Member financial dues;
(2) All revenues from the operations of the Oahu transportation management area metropolitan planning organization;
(3) Appropriations by the legislature out of the state highway fund to the Oahu transportation management area metropolitan planning organization revolving fund;
(4) Federal funds or grants; and
(5) Gifts, grants, and any other moneys made available to the fund.
(b) Except as otherwise provided by federal law, expenditures from the Oahu transportation management area metropolitan planning organization revolving fund may be made; provided that no expenditure shall be made from and no obligation shall be incurred against the revolving fund in excess of the amount standing to the credit of the revolving fund or for any purpose for which the revolving fund may not lawfully be expended. Nothing in sections 37-31 to 37-41 shall require the proceeds of the revolving fund to be reappropriated annually.
(c) The Oahu metropolitan planning organization shall report annually to the legislature no later than twenty days prior to the convening of each regular session beginning with the regular session of 2016 on a detailed accounting of the activities of the revolving fund for the previous year. [L 2015, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-6 Metropolitan planning organization policy boards; membership and meetings.

§279D-6 Metropolitan planning organization policy boards; membership and meetings.
(a) Policy board membership shall be established by comprehensive agreement, including any applicable supplemental agreements and bylaws; provided that a metropolitan planning organization serving a metropolitan planning area within the jurisdiction of any county with a resident population of more than 125,000 but less than 195,000 shall include as members of its policy board:
(1) At least one member that shall be a resident of the applicable metropolitan planning area and a member of the senate appointed by the president of the senate; and
(2) At least one member that shall be a resident of the applicable metropolitan area and a member of the house of representatives appointed by the speaker of the house of representatives.
(b) As appropriate, any agreement or committee bylaws that establish policy board membership may also include specifications regarding ex officio membership, terms and term limits of members, member alternates, quorum, and other considerations as permitted by law. [L 2015, c 132, pt of §1; am L 2018, c 72, §2]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-7 Staff and funding.

§279D-7 Staff and funding.
(a) Each policy board shall appoint a full-time executive director of the metropolitan planning organization who shall be independent of state and county agencies, notwithstanding any other law to the contrary. Duties of the executive director may be established by the policy board or in the comprehensive agreement.
(b) A policy board may employ staff as needed. The executive director shall be responsible for the hiring and management of staff. The executive director and staff for a metropolitan planning organization shall not be subject to chapter 76. All other benefits generally applicable to the officers and employees of the State shall apply to staff members of the metropolitan planning organization and be retroactive to the effective date of initial hiring for existing staff.
(c) All employees of a metropolitan planning organization shall be exempt from chapter 76 but shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State. [L 2015, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-8 Member financial dues.

§279D-8 Member financial dues.
(a) The policy board shall identify the member financial dues necessary to sustain the metropolitan planning organization. The member financial dues shall be provided by interagency agreement with the members.
(b) Member financial dues received by a metropolitan planning organization shall be used to fund the unified planning work program.
(c) A policy board may allocate collective financial resources to fund a unified planning work program. [L 2015, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-9 Meetings.

§279D-9 Meetings.
(a) Notwithstanding any law to the contrary, meetings of policy boards, advisory committees, or subcommittees shall be subject to part I of chapter 92.
(b) Participation by members of any other board in a meeting of a policy board shall be a permitted interaction as provided in section 92-2.5(i).
(c) Less than a quorum of policy board members may discuss metropolitan planning organization business, without limitation, outside of a duly noticed meeting of the policy board.
(d) A majority of the membership of a policy board or committee of a policy board shall constitute a quorum to do business. [L 2015, c 132, pt of §1; am L 2022, c 264, §7]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279D. Metropolitan Planning Organizations › 279D-11 Annual reports.

§279D-11 Annual reports.
A metropolitan planning organization shall submit an annual report to the legislature of all activities conducted by the organization during the year immediately preceding the submission of the report. The annual report shall be submitted to the legislature no later than twenty days prior to the convening of each regular session beginning with the regular session of 2016. [L 2015, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279G. Ridesharing › 279G-1 Ridesharing arrangement; defined.

§279G-1 Ridesharing arrangement; defined.
As used in this chapter, "ridesharing arrangement" means the transportation of persons in a motor vehicle where that transportation is incidental to another purpose of the driver. The term includes ridesharing arrangements known as carpools, vanpools, and buspools. [L 1982, c 166, pt of §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279G. Ridesharing › 279G-2 Liability for promoters of ridesharing arrangements.

§279G-2 Liability for promoters of ridesharing arrangements.
(a) For purposes of this section the term "entity" refers to the State, the counties, schools, community organizations, private nonprofit organizations, rideshare coordinators, and employers who encourage participation in ridesharing arrangements.
(b) An entity shall not be liable for injuries to passengers and other persons because the entity provides information, incentives, or otherwise encourages the public, students, or employees to participate in ridesharing arrangements; provided that this section shall not apply if the motor vehicle used in the ridesharing arrangement is owned, leased, or contracted for by the entity. [L 1982, c 166, pt of §1; am L 1989, c 260, §1]
2023 Hawaii Revised Statutes › Title 15. Transportation and Utilities › 279G. Ridesharing › 279G-3 Findings.

§279G-3 Findings.
The legislature finds:
(1) Public and private expenditures will be reduced by increases in ridesharing, particularly in maintenance and construction costs for highways.
(2) Increased energy consumption, air pollution, traffic congestion, and motor vehicle parking constitute a serious problem in the State, particularly in urban areas, and ridesharing is a cost-effective alternative approach for solving these problems.
(3) The increased use of ridesharing will contribute to conservation of fuel, improvement of air quality, and more effective use of existing streets, highways, and parking facilities.
(4) Ridesharing constitutes one of the most cost-effective and energy-efficient means of transportation.
(5) Many employees work in and commute to the downtown area of Honolulu where the problems associated with traffic congestion, parking, energy consumption, and air pollution are greatest.
(6) It is in the public interest and a public purpose for private industry, cities, counties, and the State to encourage people to use alternatives to single occupant motor vehicles, such as ridesharing. [L 1986, c 90, §1]
Cross References
Programs, see §26-19.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-2 Excepted articles; penalty.

§281-2 Excepted articles; penalty.
The articles enumerated in this section shall not, after having been manufactured and prepared for the market, be subject to this chapter if they correspond with the following descriptions and limitations, namely:
(1) Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or hereinafter in force;
(2) Medicinal preparations manufactured in accordance with formulas prescribed by The Pharmacopoeia of the United States of America or The National Formulary that are unfit for use for beverage purposes;
(3) Patented, patent and proprietary medicines that are unfit for use for beverage purposes;
(4) Toilet, medicinal, and antiseptic preparations and solutions, that are unfit for use for beverage purposes;
(5) Flavoring extracts and syrups that are unfit for use as a beverage or for intoxicating beverage purposes;
(6) Vinegar and preserved sweet cider;
(7) A food which is a confectionery and contains alcohol of five per cent or less by weight.
Any person who manufactures any of the articles mentioned in this section may purchase and possess alcohol for that purpose, but the person shall not sell, use, or dispose of any alcohol otherwise than as an ingredient of the articles authorized to be manufactured therefrom. No more alcohol shall be used in the manufacture of any extract, syrup, or article named in paragraphs (2), (3), and (4) of this section which may be used for beverage purposes than the quantity necessary for extraction or solution of the elements contained therein and for the preservation thereof.
Any person who knowingly sells any of the articles mentioned in paragraphs (1), (2), (3), and (4) of this section for beverage purposes or any extract or syrup for intoxicating beverage purposes or who sells any of the same under circumstances from which the seller might reasonably deduce the intention of the purchaser to use them for such purposes shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 281-102.
Whenever it is believed that any article mentioned in this section does not correspond with the descriptions and limitations herein provided, the liquor commission or any inspector or any prosecuting officer may cause an analysis thereof to be made, and if, upon such analysis, it is found that the article does not so correspond, the person who manufactures or sells the same may be prosecuted as a manufacturer or seller of liquor contrary to this chapter. [L Sp 1933, c 40, §74; RL 1935, §2642; RL 1945, §7294; RL 1955, §159-2; HRS §281-2; am L 1972, c 177, §1; gen ch 1985; am L 1988, c 402, §4]
Cross References
Sale of confectionery with alcohol to minor, see §328-6.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-3 Illegal manufacture, importation, or sale of liquor.

§281-3 Illegal manufacture, importation, or sale of liquor.
It shall be unlawful for any person not having a valid license to manufacture or sell any liquor except as otherwise provided in this chapter; provided that the head of any family may produce for family use and not for sale an amount of wine not exceeding two hundred gallons a year, and an amount of beer not exceeding one hundred gallons a year.
It shall also be unlawful for any person, not having a valid wholesale license or a valid manufacturer's (including rectifier's) license, to import any liquor from without the State, except as otherwise provided in this chapter. Liquor imported into this State shall come to rest at the warehouse of the manufacturer (including rectifier) or the wholesaler importing the liquor, shall be unloaded into such warehouse, and shall be held in such warehouse for at least forty-eight hours before further sale by such manufacturer (including rectifier) or wholesaler.
It shall also be unlawful for any person to label, designate, or sell any liquor using the word "Hawaii", "Hawaiian", "Aloha State", "50th State", "Kauai", "Maui", "Oahu", or "Honolulu" unless such liquor is wholly or partially manufactured in the State, and all of the primary ingredients are wholly rectified or combined in the State of Hawaii in compliance with the Alcohol and Tobacco Tax and Trade Bureau standards.
A license shall constitute authority for the licensee to sell only the liquor thereby authorized to be sold by the licensee. [L Sp 1933, c 40, §2; RL 1935, §2571; am L 1935, c 105, §2; am L 1937, c 211, §3; RL 1945, §7222; am L 1951, c 223, §1(2); RL 1955, §159-3; am L 1963, c 50, §1; HRS §281-3; am L 1972, c 95, §1; am L 1980, c 57, §1 and c 199, §1; am L 1981, c 182, §2; am L 1982, c 76, §1; gen ch 1985; am L 1986, c 344, §12; am L 1987, c 141, §1; am L 1990, c 171, §2; am L 2009, c 184, §3]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-5 Powdered alcohol.

§281-5 Powdered alcohol.
(a) No person shall consume, purchase, possess, sell, offer for sale, or otherwise distribute powdered alcohol in the State.
(b) Any person who violates this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 281-102.
(c) As used in this section, "powdered alcohol" means a powdered or crystalline substance that contains any amount of alcohol for either direct use or reconstitution.
(d) This section does not apply to the use of powdered alcohol for legal commercial uses or bona fide research purposes by:
(1) A health care provider who uses powdered alcohol for the purpose of conducting scientific research;
(2) A state institution;
(3) The University of Hawaii, or other accredited educational or research institution; or
(4) A pharmaceutical or biotechnology company. [L 2015, c 186, §1]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-11 County liquor commissions and liquor control adjudication boards; qualifications; compensation.

§281-11 County liquor commissions and liquor control adjudication boards; qualifications; compensation.
(a) A liquor commission or liquor control adjudication board, consisting of not less than five members, no more than the minimum required for a quorum of whom shall belong to the same political party at the time of appointment, may be created for each of the counties. The elected executive head of each county may nominate, and by and with the advice and consent of the legislative body of the county, shall appoint the members of the commissions and boards. The elected executive head of each county, by and with the advice and consent of the legislative body of the county, may remove from office any of the members. The commission or board shall designate one of its members as chairperson. Each member shall be a citizen of the United States and shall have resided in the county for which appointed for at least three years immediately preceding the date of the member's appointment.
(b) Upon the expiration of the term of each commissioner or board member, the commissioner's or board member's successor shall be appointed for a term to expire five years from the date of the expiration of the preceding term.
The tenure in office of every commissioner or board member shall be for the terms provided and until their successors are duly appointed and qualified.
Any vacancy shall be filled by appointment for the remainder of the unexpired term. No person shall be a member of any commission or board who is or becomes engaged, or is directly or indirectly interested in any business for the manufacture or sale of liquor or who advocates or is or becomes a member of, or is identified or connected with, any organization or association which advocates prohibition, or who is an elected officer of the state or county government or who presents oneself as a candidate for election to any public office during the term of the person's appointment hereunder. This provision shall be enforced by the elected executive head of the county by the removal of the disqualified member whenever such disqualifications shall appear.
(c) The amount of compensation and reasonable expenses for travel and other costs necessarily incident to the discharge of the members' duties shall be established by each county. [L Sp 1933, c 40, §3; RL 1935, §2572; am L 1935, c 105, §3; am L 1937, c 211, §4; am L Sp 1941, c 79, § §1, 2; RL 1945, §7223; RL 1955, §159-10; am L 1963, c 172, §2(b); am L 1967, c 127, §1; HRS §281-11; gen ch 1985; am L 1988, c 383, §2; gen ch 1992; am L 1998, c 249, §2; am L 2006, c 48, §5]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-11.5 Liquor commission and board attorney.

§281-11.5 Liquor commission and board attorney.
The liquor commission or liquor control adjudication board may hire attorneys to assist it in carrying out its administrative functions under this chapter. The assistance may include providing legal advice and prosecuting and defending legal claims under this chapter or arising in connection with this chapter. [L 1988, c 383, §1; am L 1990, c 171, §3; am L 1998, c 249, §3]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-12 Commission and board office.

§281-12 Commission and board office.
The council of each county shall furnish the liquor commission and the liquor control adjudication board of the county suitable quarters for its meetings, the transaction of its business, and the keeping of its records. The office of the commission and board shall at all times be open for the transaction of its business during its prescribed business hours. [L Sp 1933, c 40, §4; RL 1935, §2573; RL 1945, §7224; RL 1955, §159-11; HRS §281-12; am L 1998, c 249, §4]
Cross References
Office hours, see §78-1.6.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-13 Meetings.

§281-13 Meetings.
Meetings of the liquor commission or the liquor control adjudication board may be held at any time and as often from time to time as the commission or board deems necessary for the proper transaction of its business, upon call of the chairperson or by any other two members of the commission or board. The administrator shall give notice of the meetings as the commission or board may prescribe to the several members, and give any other notice thereof directed by the commission or board.
A majority of all the members of the commission or board shall constitute a quorum for the transaction of business, but the affirmative vote of a majority of all of the members shall be necessary to determine any matter before it. [L Sp 1933, c 40, §5; RL 1935, §2574; RL 1945, §7225; am L 1951, c 223, §1(3); RL 1955, §159-12; HRS §281-13; am L 1990, c 171, §4; gen ch 1992; am L 1998, c 249, §5]
Cross References
Meetings and records of public agencies, requirements concerning, see chapter 92.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-14 Records.

§281-14 Records.
The liquor commission and liquor control adjudication board shall ensure that complete records are kept of all commission and board meetings, proceedings, and acts with reference to all business pertaining to licenses issued, suspended, and revoked, moneys received as license fees and otherwise, and disbursements by the commission or board or under its authority. Unless otherwise prohibited by law, these records shall be open for examination by the public. The records may be destroyed as provided in section 46-43. [L Sp 1933, c 40, §6; RL 1935, §2575; am L Sp 1941, c 89, §1(a); RL 1945, §7226; RL 1955, §159-13; HRS §281-14; am L 1976, c 55, §1; am L 1990, c 171, §5; am L 1998, c 249, §6]
Cross References
Meetings and records of public agencies, requirements concerning, see chapter 92.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-15 Reports, accounts, audit.

§281-15 Reports, accounts, audit.
On or before September 30 of each year the chairperson of the liquor commission shall submit to the elected executive head of the county a full report upon the business and operations of the commission during the preceding year, which year shall be coterminous with the fiscal year of the county, with such other matters of information and comment as the elected executive head may deem appropriate. The elected executive head shall furnish copies thereof to the legislative body of the county and to the fiscal officer of the county.
The accounts of the commissions for the several counties shall be regularly examined by the fiscal officer who shall report thereon in writing to the legislative body of the several counties. [L Sp 1933, c 40, §7; RL 1935, §2576; RL 1945, §7227; RL 1955, §159-14; am L 1963, c 172, §2(c); am L 1967, c 171, §1; HRS §281-15; gen ch 1993]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-16 County liquor commission and liquor control adjudication board funds; disposition of realization; payment of expenses.

§281-16 County liquor commission and liquor control adjudication board funds; disposition of realization; payment of expenses.
All fees and other moneys collected or received by each liquor commission or liquor control adjudication board under this chapter shall be paid not less than weekly into the general fund of the respective county or a special fund as provided by ordinance. All expenses of the commission or board, including any expenses and compensation of its members and expenses and salaries of its subordinates, shall be paid in the manner provided by ordinance. [L Sp 1933, c 40, §19; RL 1935, §2588; am L 1937, c 211, §11; RL 1945, §7240; RL 1955, §159-15; am L 1959, c 265, §9(d); am L 1963, c 78, §1 and c 172, §2(d); HRS §281-16; am L 1981, c 108, §1; am L 1998, c 249, §7]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-17.5 Fees; justified, method of change, limitation.

§281-17.5 Fees; justified, method of change, limitation.
(a) Any liquor license fee or any increase in an existing liquor license fee sought to be implemented by any commission shall have, as its justification, a direct and proportionate relationship to costs and expenses of the commission in its control, supervision, or regulation of the manufacture, importation, and sale of liquors, or otherwise directly relate to actual costs and expenses of administration of the commission as is set forth in this chapter.
(b) Any such liquor license fees or any moneys collected or received by any liquor commission under this chapter may only be used for costs and expenses directly relating to operational and administrative costs actually incurred by the liquor commission collecting or receiving such liquor license fees or moneys. Such fees or moneys shall not be used for any costs or expenses other than those directly relating to its operation and administration, except as otherwise provided by law.
(c) Any increase in the liquor license fee structure shall only be initiated by the liquor commission seeking the change with the approval of the county's legislative body and mayor.
(d) Any liquor commission seeking a change in liquor license fee structure shall notify all licensees under this chapter affected by the change of the proposed change and shall notify each such licensee of the outcome and resolution of the change.
(e) Any liquor commission which currently receives a license fee from a licensee in excess of the amount prescribed by this section shall immediately revise its liquor license fee structure to conform with the requirements of this section. Any funds in excess of twenty per cent of the commission's current budget shall be returned or credited annually to existing licensees. [L 1980, c 304, §2; am L 1987, c 252, §2; am L 1996, c 96, §1; am L 1997, c 5, §1; am L 2008, c 168, §3]
Attorney General Opinions
Term "funds" in subsection (e) synonymous with "fees". Att. Gen. Op. 92-02.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-19 Hearings, attendance, examinations.

§281-19 Hearings, attendance, examinations.
If any person subpoenaed as a witness to attend before the liquor commission or liquor control adjudication board, or to produce any books, papers, or records called for by the process of the commission or board, fails or refuses to respond thereto, or refuses to answer questions propounded by any member of the commission or board or its counsel material to the matter pending before the commission or board, the circuit court of the circuit within which the licensed premises involved are situated, upon request of the commission or board, shall have power to compel obedience to any process of the commission or board and require the witness to answer questions put to the witness, and to punish, as a contempt of the court, any refusal to comply therewith without good cause shown therefor.
False swearing by any witness before the commission or board, shall constitute perjury and be punished as such, and whenever the commission or board is satisfied that a witness has sworn falsely in any hearing or investigation before the commission or board, it shall report the same to the prosecuting officer for prosecution. [L Sp 1933, c 40, §9; RL 1935, §2578; RL 1945, §7229; RL 1955, §159-18; HRS §281-19; gen ch 1985; am L 1998, c 249, §9]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-20 General right of inspection.

§281-20 General right of inspection.
Any investigator may, at all times, without notice and without any search warrant or other legal process, visit and have immediate access to every part of the premises of every licensee for the purpose of making any examination or inspection thereof or inquiry into the books and records therein, to ascertain whether all of the conditions of the license and all provisions of this chapter are being complied with by the licensee. [L Sp 1933, c 40, §10; RL 1935, §2579; RL 1945, §7230; RL 1955, §159-19; HRS §281-20; am L 1986, c 344, §14; am L 1990, c 171, §7; am L 2022, c 76, §5]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-21 Service of subpoenas by investigators, police officers, or other law enforcement officers; witnesses' fees.

§281-21 Service of subpoenas by investigators, police officers, or other law enforcement officers; witnesses' fees.
[(a)] Any investigator, police officer, or other law enforcement officer may serve any subpoena issued by the liquor commission, liquor control adjudication board, or administrator.
[(b)] Every witness attending or testifying at any hearing of the commission or board in response to a subpoena issued by it or the administrator shall be paid as provided for in section 621-7. If a witness is subpoenaed by direction of the commission, board, or administrator, the witness' fees shall be paid out of any funds which may be set aside for the expenses of the commission or board and, if the witness is subpoenaed on behalf of any interested party, the witness' fees shall be paid by that party. [L 1941, c 105, §1; RL 1945, §7231; RL 1955, §159-20; am L 1967, c 104, §1; HRS §281-21; gen ch 1985; am L 1990, c 171, §8; am L 1998, c 249, §10; am L 2008, c 168, §4]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-22 Political activities of commission employees.

§281-22 Political activities of commission employees.
(a) A commission employee may support, advocate, or aid in the election or defeat of any candidate for public office, or run for public office; provided the employee:
(1) Notifies the commission in writing of the employee's intent to support, advocate, or aid in the election or defeat of a candidate for public office; and
(2) If a candidate for public office, takes a leave of absence in accordance with section 78-23 for a period beginning prior to the initiation of political activities related to the candidacy and ending the day following the general election for the office.
(b) Notwithstanding chapter 11 or any other law to the contrary, no commission employee shall solicit or receive contributions, or receive or transfer money or anything of value from a licensee for the purpose of supporting, advocating, or aiding in the election or defeat of a candidate for public office. Violation of this subsection shall be:
(1) Punishable by summary dismissal of the employee; and
(2) Subject to fines in accordance with section 11-410. [L 2002, c 111, §1; am L 2009, c 184, §5; am L 2010, c 211, §6]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-32.5 Permits for trade shows or other exhibitions.

§281-32.5 Permits for trade shows or other exhibitions.
Notwithstanding any other provision to the contrary, any trade exhibitor, trade organization or other exhibitor shall apply to the liquor commission or agency administrator for the issuance of a permit, without hearings, fees, notarizing of documents, submission of floor plans, and other requirements, to receive liquor from within or outside the State for display and sampling on a not-for-sale basis at trade exhibitions, shows or other exhibitions, subject to such terms and conditions as may be set by the commission. [L 1979, c 37, §1; am L 1990, c 171, §11; am L 1991, c 236, §3]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-33 Special powers, privileges, and rights.

§281-33 Special powers, privileges, and rights.
The following special powers, privileges, and rights are hereby granted, anything in this chapter to the contrary notwithstanding:
(1) Any person arriving in the State may bring with the person for private use and consumption and not for resale, any liquor not exceeding one gallon, and two cases of beer not exceeding six gallons without securing a license;
(2) Any religious organization may import or receive into the State sacramental wine for use in the religious rites of the religious organization without securing a license;
(3) Any consul general, consul, or vice-consul of any foreign country may import or receive into the State, for private use and consumption, any liquor without securing a license. [L 1939, c 205, pt of §1; RL 1945, §7234; RL 1955, §159-32; HRS §281-33; am L 1978, c 27, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-33.6 Direct shipment of wine by wineries.

§281-33.6 Direct shipment of wine by wineries.
(a) Any person holding:
(1) A general excise tax license from the department of taxation; and
(2) Either:
(A) A class 1, class 16, or class 18 license to manufacture wine under section 281-31; or
(B) A license to manufacture wine issued by another state,
may pay any applicable fees and obtain a direct wine shipper permit from the liquor commission of the county to which the wine will be shipped authorizing the holder to directly ship wine to persons in the county pursuant to this section.
(b) The holder of a direct wine shipper permit may sell and annually ship to any person twenty-one years of age or older in the county that issued the permit, no more than six nine-liter cases of wine per household for personal use only and not for resale, and shall:
(1) Ship wine directly to the person only in containers that are conspicuously labeled with the words:
"CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.";
(2) Require that the carrier of the shipment obtain the signature of any person twenty-one years of age or older before delivering the shipment;
(3) Report no later than January 31 of each year to the liquor commission in each county where a direct wine shipper permit is held, the total amount of wine shipped to persons in the county during the preceding calendar year;
(4) Pay all applicable general excise and gallonage taxes. For gallonage tax purposes, all wine sold under a direct wine shipper permit shall be deemed to be wine sold in the State; and
(5) Be subject to audit by the liquor commission of each county in which a permit is held.
(c) The holder of a license to manufacture wine issued by another state may annually renew a direct wine shipper permit by providing the liquor commission that issued the permit with a copy of the license and paying all required fees. The holder of a class 1, class 16, or class 18 license to manufacture wine under section 281-31 may renew a direct wine shipper permit concurrently with the class 1 license by complying with all applicable laws and paying all required fees.
(d) The sale and shipment of wine directly to a person in this State by a person that does not possess a valid direct wine shipper permit is prohibited. Knowingly violating this law is a misdemeanor.
(e) The liquor [commission] in each county may adopt rules and regulations necessary to carry out the intent and purpose of this section. [L 2006, c 227, §1; am L 2008, c 163, §2; am L 2014, c 211, §4]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-33.8 Reporting of shipments by carriers.

§281-33.8 Reporting of shipments by carriers.
(a) Notwithstanding section 281-33, any express carrier company, common or contract carrier, except water carriers as defined and regulated by the Surface Transportation Board of the United States, or other person that transports liquor from outside the State for delivery in the State to any person, except those having a class 1 manufacturer license or class 3 wholesale dealer license, shall prepare and file a monthly report with the liquor commission or liquor control adjudication board of each county. The report shall contain the following information:
(1) The known wine, beer, alcohol, or other liquor shipments made statewide containing the name of the express carrier company, common or contract carrier, or other person making the report;
(2) The period of time covered by the report;
(3) The name and business address of the consignor of the wine, beer, alcohol, or other liquor;
(4) The name and address of each consignee of the wine, beer, alcohol, or other liquor;
(5) The weight of the package delivered to each consignee;
(6) A unique tracking number; and
(7) The date of each delivery.
(b) Reports received by a county liquor commission or liquor control adjudication board under this section shall be subject to chapter 92F.
(c) Any county liquor commission or liquor control adjudication board may provide reports received to any other department or agency.
(d) Upon written request of a county liquor commission or liquor control adjudication board, the information or records supporting the report shall be filed with the requesting liquor commission or liquor control adjudication board within thirty days. Any records containing information relating to reports shall be preserved for three years.
(e) The liquor commission or liquor control adjudication board in each county may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. [L 2021, c 85, §1]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-34 Sham operation under club license; supervision.

§281-34 Sham operation under club license; supervision.
Whenever the liquor commission is of the opinion that any holder of a club license is not conducting the business under such license in good faith, or that the premises thereof are not continuously kept suitably arranged, furnished, equipped, and actually and reputably operated as a club, or that the apparent or claimed manner of operation of the club as such is only nominal or pretended or amounts to a sham or subterfuge under which liquor is being sold as the principal object of the club, the license may be summarily suspended pending a hearing why it should not be revoked. [L Sp 1933, c 40, §14; RL 1935, §2583; am L 1937, c 211, §9; RL 1945, §7235; RL 1955, §159-33; HRS §281-34]