HOUSE OF REPRESENTATIVES

H.B. NO.

647

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INTOXICATING LIQUOR.

 

 

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

 


     SECTION 1.  The legislature finds that in Waikiki, the density of liquor establishments holding a class 11 cabaret license has posed public safety issues to residents and visitors.  Cabarets in Waikiki are allowed by statute to serve liquor until 4:00 a.m., at a time when peace and serenity can be reasonably expected in Waikiki.  The legislature further finds that requiring a minimum distance between class 11 cabaret license establishments in Waikiki is a least restrictive alternative to protect the public safety.

     The purpose of this Act is to require a minimum distance between class 11 cabaret license premises in Waikiki.

     SECTION 2.  Section 281-31, Hawaii Revised Statutes, is amended by amending subsection (k) to read as follows:

     "(k)  Class 11.  Cabaret license.  A cabaret license shall be general only but shall exclude alcohol and shall authorize the sale of liquor for consumption on the premises.  This license shall be issued only for premises where food is served, facilities for dancing by the patrons including a dance floor are provided, and live or amplified recorded music or professional entertainment except professional entertainment by a person who performs or entertains unclothed is provided for the patrons; provided that professional entertainment by persons who perform or entertain unclothed shall be authorized by:

     (1)  A cabaret license for premises where professional entertainment by persons who perform or entertain unclothed was presented on a regular and consistent basis immediately prior to June 15, 1990; or

     (2)  A cabaret license that, pursuant to rules adopted by the liquor commission, permits professional entertainment by persons who perform or entertain unclothed.

     A cabaret license under paragraph (1) or (2) authorizing professional entertainment by persons who perform or entertain unclothed shall be transferable through June 30, 2000.  A cabaret license under paragraph (1) or (2) authorizing professional entertainment by persons who perform or entertain unclothed shall not be transferable after June 30, 2000, except upon approval by the liquor commission, and pursuant to rules adopted by the commission.  Notwithstanding any rule of the liquor commission to the contrary, cabarets in resort areas may be opened for the transaction of business until 4 a.m. throughout the entire week.

     No cabaret license shall be issued or renewed for any premises that operates or plans to operate, as applicable, at a distance of less than one hundred feet of another cabaret license premises in an area of a county having a population in excess of five hundred thousand, specifically in the area of that county that is bordered by Kalakaua Avenue, Kuhio Avenue, Kapahulu Avenue, and McCully Street, generally known as Waikiki.

     For purposes of this subsection, in the case of an application for renewal of a cabaret license on a premises that is located less than one hundred feet from another cabaret license premises, the cabaret license that has been in the longest continuous existence shall be deemed to have pre-existed the other cabaret license, without regard to the identity of the licensee in either case, and shall receive a preference for renewal; provided that the commission also finds that the licensee has met other standards of operation as established by rules adopted by the commission."

     SECTION 3.  Section 281-61, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Other than for good cause[,] and except as provided in section 281-31, the renewal of an existing license shall be granted upon the filing of an application; provided that if:

     (1)  Complaints from the public;

     (2)  Reports from the commission's investigators; or

     (3)  Adjudications of the commission or the liquor control adjudication board,

indicate that noise created by patrons departing from the premises disturbs residents on the street or of the neighborhood in which the premises are located, or that noise from the premises or adjacent related outdoor areas such as parking lots or lanais exceed standards contained in state or county noise codes or intrudes into nearby residential units, the commission may deny the renewal application or withhold the issuance of a renewed license until corrective measures meeting the commission's approval are taken."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2112.



Report Title:

Intoxicating Liquor; Cabaret License

 

Description:

Requires a minimum distance between class 11 cabaret license premises in Waikiki.  Effective July 1, 2112.  (HB647 HD1)

 

 

 

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