STAND. COM. REP. NO.453

Honolulu, Hawaii

, 2001

RE: S.B. No. 900

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Tourism and Intergovernmental Affairs and Transportation, Military Affairs and Government Operations, to which was referred S.B. No. 900 entitled:

"A BILL FOR AN ACT RELATING TO LIQUOR LICENSE APPLICATIONS,"

beg leave to report as follows:

The purposes of this measure are to amend the law regarding liquor license applications to clarify the items included in an investigator's report and who may receive the report, to expand the requirements for a notice of public hearing, and to expand the reasons for denial of an application in areas near schools and playgrounds.

Your Committees received testimony in support of this measure from the Ala Moana-Kakaako Neighborhood Board, Waikiki Citizens Patrol, and twelve individuals. The City and County of Honolulu and the County of Hawaii Department of Liquor Control submitted testimony in opposition.

Your Committees find that many communities, particularly in urban areas, are dealing with the effects of liquor establishments in their neighborhoods. In addition, the residents of these communities have expressed frustration with the rules of the county liquor commissions, finding them confusing, restrictive, and appearing to favor the applicant for a license over the community.

Your Committees find that it is in the best interests of residents and public agencies serving these residents to clarify rules and procedures for decisions affecting the community.

Your Committees have amended this measure to:

(1) Redefine "premises" as the building that houses an establishment seeking a license;

(2) Delete the requirement that the investigator's report include a summary of the comments on the application;

(3) Change proposed notice requirements from ten to seven days;

(4) Make it clear that the applicant may not use the protest list to attempt to influence a protester to withdraw a protest or objection;

(5) Delete the exemption for a report from an applicant that has previously withdrawn an application if the withdrawal is not based on protests;

(6) Add neighborhood board recommendations on an application in factors the commission may consider for a further application; and

(7) Make technical amendments to reflect the preferred drafting style.

As affirmed by the records of votes of the members of your Committees on Tourism and Intergovernmental Affairs and Transportation, Military Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 900, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 900, S.D. 1, and be referred to the Committee on Commerce, Consumer Protection and Housing.

 

Respectfully submitted on behalf of the members of the Committees on Tourism and Intergovernmental Affairs and Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair

____________________________

DONNA MERCADO KIM, Chair