HOUSE OF REPRESENTATIVES |
H.B. NO. |
2414 |
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LIQUOR LICENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-32, Hawaii Revised Statutes, is amended to read as follows:
"§281-32 Licenses, temporary. (a)
A temporary license of any class and kind specified in section 281-31
may be granted under the following conditions:
(1) The
premises shall have been operated under a license of the same class, kind, and
category issued by the liquor commission at least one year immediately prior to
the date of filing of the application for a temporary license, except as
otherwise approved by the commission;
(2) The
license of the same class, kind, and category then in effect for the premises
shall be surrendered in such manner and at such time as the commission shall
direct;
(3) The
applicant for a temporary license shall have filed with the commission an
application for a license of the same class, kind, and category currently or
previously in effect for the premises;
(4) The
application for a temporary license shall be accompanied by a license fee in
such amount as may be prescribed by the commission. If the application is denied or withdrawn,
the fee which accompanied the application shall become a realization of the
county;
(5) A
temporary license shall be for a period of not in excess of one hundred and
twenty days. The license may be renewed
at the discretion of the commission for not more than one additional one
hundred twenty-day period upon payment of such additional fee as may be
prescribed by the commission and upon compliance with all conditions required
in this section and section 281-31. When
a temporary license has expired and no permanent license has been issued, the
sale and service of liquor shall cease until the permanent license is issued;
provided that, when applicable, the license shall be properly renewed;
(6) A
temporary license shall authorize the licensee to purchase liquor only by
payment in currency, check, or certified check for the liquor before or at the
time of delivery of the liquor to the licensee, except as otherwise provided by
commission rule; and
(7) Sections
281-52 and 281-54 and sections 281-56 to 281-61 shall not apply to any application
for a temporary license.
(b) Notwithstanding any other law to the
contrary, the commission shall streamline procedures, including the waiving of
hearings, fees, notarization of documents, submission of floor plans, and other
requirements, to provide for the issuance of temporary licenses for the sale of
liquor for a period not to exceed one day for fundraising events by nonprofit
organizations recognized under state or federal law. No criminal history record checks under
section 281-53.5 shall be required; provided that the commission may require a
background check on the executive director of the nonprofit organization. The commission may adopt rules to implement
this section."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
County Liquor Commissions; Temporary Liquor Licenses
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.