Report Title:
Licensing
Description:
Mandates the liquor commission to follow the same procedures as for the granting of a new license when a licensee applies for an increase in the area of the licensed premises where the increase is equal to or greater than ____ per cent of the current area licensed for.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1750 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to licensing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-39.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) This section shall apply only to the issuance of new liquor licenses for on-site sale and consumption by the drink and applications for increases in the area of licensed premises where the increase sought is equal to or greater than the applicable percentage stated in section 281-62 and not to any renewal of such licenses."
SECTION 2. Section 281-51, Hawaii Revised Statutes, is amended to read as follows:
"§281-51 Prior inspection. No license, including licenses issued for applications for increases in the area of licensed premises under section 281-62, 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."
SECTION 3. Section 281-52, Hawaii Revised Statutes, is amended to read as follows:
"§281-52 Public hearing. No license, including licenses issued for applications for increases in the area of licensed premises under section 281-62, shall be granted except after a public hearing by the liquor commission upon notice as prescribed in this chapter; provided that section 281-57 to 281-60 shall not apply to the holder of a wholesale general license, or 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."
SECTION 4. Section 281-53, Hawaii Revised Statutes, is amended to read as follows:
"§281-53 Application; penalty for false statements. Every application for a license [or for the], renewal of a license, applications for license to increase the size of premises of currently licensed establishments, or for the transfer of a license shall be in writing, signed and, except for the renewal of a license, verified by the oath of 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 company by a member thereof, made before any official authorized by law to administer oaths, 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; 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 and regulations of the commission.
If any false statement is knowingly made in any application which is verified by oath, the applicant, and in the case of the application being made by a corporation, limited liability company, association, or club, the persons signing the application, shall be guilty of perjury, and shall be subject to the penalties prescribed by law for such offense. If any false statement is knowingly made in any application which 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 in section 281-102 provided."
SECTION 5. Section 281-54, Hawaii Revised Statutes, is amended to read as follows:
"§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, application for license to increase the size of premises of currently licensed establishments, 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."
SECTION 6. Section 281-55, Hawaii Revised Statutes, is amended to read as follows:
"§281-55 Reference to investigator. Upon the filing of any application, including applications for increases in the area of licensed premises under section 281-62, 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."
SECTION 7. Section 281-58, Hawaii Revised Statutes, is amended to read as follows:
"§281-58 Protests. Protests against the granting of a license upon such application, including licenses issued for applications for increases in the area of licensed premises under section 281-62, 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."
SECTION 8. Section 281-59, Hawaii Revised Statutes, is amended to read as follows:
"§281-59 Hearing; rehearing. (a) Upon the day of hearing, or any adjournment thereof, the liquor commission shall consider the application and any protests and objections to the granting thereof, and hear the parties in interest. The liquor commission shall accept all written or oral testimony for or against the application whether the application is denied, refused, or withdrawn. Within fifteen days after the hearing, or within thirty days thereafter if in its discretion the commission extends the fifteen days to thirty days, and gives public notice of same, the commission shall give its decision granting or refusing the application; provided that if a majority 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, which, in the case of licenses issued for applications for increases in the area of licensed premises under section 281-62, shall be measured from the nearest point of the proposed expansion; 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, which, in the case of licenses issued for applications for increases in the area of licensed premises under section 281-62, shall be measured from the nearest point of the proposed expansion;
have duly filed or caused to be filed their protests against the granting of the license or if there appears any other disqualification under this chapter, the application shall be refused. Otherwise, the commission may in its discretion grant or refuse the same.
For purposes of defining "a majority of the owners and lessees of record of real estate and owners of record of shares in a cooperative apartment", each property counts only once. A protest submitted by the majority of the co-owners or the majority of the co-lessees of a property shall constitute a protest by all the owners or lessees of record of that property. Owners or lessees who own more than one property may count each property.
(b) The liquor commission shall make available to the applicant and any protester for review before the public hearing, the protest list of those persons who filed a protest or objection to the application; provided that the applicant shall not use the protest list to attempt to influence in any way any protester to withdraw the protest or objection. All applicants and protesters may submit corrections, additions, and subtractions to the master list and the protest list at the public hearing. The liquor commission shall rule on proposed corrections, additions, and subtractions and give reasons for the ruling.
(c) The commission may also, with like discretion:
(1) Grant a license to one person in preference to another, without reference to any priority in the order of filing of the applications; and
(2) Of its own motion, or on the suggestion of any member, or of the investigator take notice of any matter or thing which in the opinion of a majority of its members would be a sufficient objection to the granting of a license; but in such case if the objection is one to which the applicant should be given a reasonable time to answer, a continuance may be granted in the discretion of the commission;
provided that in any case where any person affected by such decision petitions the commission for a rehearing of the application and on oath alleges facts and grounds for consideration which were not formerly presented or considered, or any other matter of fact which in the judgment of the commission seems sufficient to warrant a rehearing, such rehearing may be granted by the commission in its discretion upon the publication of notice of rehearing at least seven days before the date of the rehearing. When a rehearing is allowed notice shall be given to the applicant and to the applicant's opponents, by publication or otherwise as the commission shall direct."
SECTION 9. Section 281-62, Hawaii Revised Statutes, is amended to read as follows:
"§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. In the case of an application for an increase in the area of the licensed premises where the increase sought is equal to or greater than ______ per cent of the current area, the liquor commission shall treat the application as if the licensee were applying for a new license and follow the procedures for issuing a new liquor license as set forth in statute, administrative rule, and county ordinance. Such procedures shall include, but are not limited to, rights to public hearing, notice to interested parties, rights of protest, and applicable fees. Whenever any reduction or increase is permitted, the same shall be endorsed in some appropriate manner upon the license."
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2004.
INTRODUCED BY: |
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