STAND. COM. REP. NO. 702

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1249

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committee on Commerce, Consumer Protection, and Affordable Housing, to which was referred S.B. No. 1249, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO LIQUOR,"

 

begs leave to report as follows:

 

     The purpose of this measure is to create a new category of liquor license for condominium hotels.

 

     No written comments on this measure were submitted to your Committee.

 

     Your Committee finds that the advent of the condominium hotel ownership and operating structure is a relatively new concept that has recently been gaining popularity in this State.  While many former hotel operations have converted to a condominium hotel ownership and operating structure, this new structure has created an interpretation and application problem with respect to liquor licensing laws.  Specifically, the restrictive nature of the definition of "premises" contained in the existing Class 12 hotel liquor licensing requirements would require that a licensed liquor establishment be situated and operated on the hotel portion, not the condominium portion, of the condominium hotel.  Such a restrictive interpretation could lead to the inconsistent application and enforcement of liquor licensing laws when trying to fit condominium hotels into the existing liquor licensing framework for hotels.

 

     Your Committee finds that creating a new liquor licensing category to specifically address the unique ownership and operational structure of condominium hotels would promote the consistent interpretation and application of liquor licensing laws.  Your Committee also finds that the establishment of a separate category for condominium hotel liquor licenses is necessary to provide adequate guidance to county liquor commissioners to ensure that the liquor licensing laws that govern the sale of liquor on such premises are uniformly interpreted and applied throughout a respective county's jurisdiction.

 

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Affordable Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1249, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Affordable Housing,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair