Report Title:

Liquor License; Expansion; Public Hearing

Description:

Requires a liquor licensee to submit to the public hearing process upon an application for expansion of their business premises; exempts hotels and temporary special events. (SD1)

THE SENATE

S.B. NO.

2250

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to liquor licenses.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 281-62, Hawaii Revised Statutes, is amended to read as follows:

"§281-62 Reduction or increase in area of licensed premises. (a) The liquor commission [may], in its discretion, may permit the reduction or the increase in the area of the licensed premises of any licensee. Whenever any reduction or increase is permitted, the same shall be endorsed in some appropriate manner upon the license.

(b) With an increase in the area of the licensed premises of any licensee, the licensee shall submit to an additional public hearing, including providing public notice of the hearing, as provided under sections 281-57 and 281-59. This subsection shall not apply to a licensed premises located within a hotel or to a temporary special event of a one day duration." SECTION 2. Section 281-39.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The liquor commission or agency of each county may [deny]:

(1) Deny or restrict the issuance of a liquor license for on-site sale and consumption by the drink; or

(2) Deny a request to increase the area of the licensed premises,

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 liquor license applicants."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.