HOUSE OF REPRESENTATIVES

H.B. NO.

122

THIRTY-FIRST LEGISLATURE, 2021

 

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. 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accept all written or oral testimony for or against the application whether the application is denied, refused, or withdrawn.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] Subject to subsection (b), within ninety days after the hearing[,] or within one hundred twenty days thereafter, if in its discretion the commission extends the ninety days to one hundred twenty days[,] and gives public notice of same, the commission shall give its decision granting or refusing the application; provided that if there is a disqualification under this chapter, the application shall be refused.

(b) 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[;], 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 pursuant to section 281-58 against the granting of the license, [or if there appears any other disqualification under this chapter,] the application shall be refused[.]; provided that this subsection shall not apply to applications for a class 1 license on land designated as agricultural by state or county zoning laws and for which the majority of the agricultural commodities used in the manufacturing of the liquor are grown and produced in the State by the license holder. 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; provided that roadways shall not be included. 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. A protest filed by owners or lessees who own more than one property shall be counted once for each property.

[(b) The] (c) Before the public hearing, 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 for review; 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; provided that additions or corrections to the voter registration list shall be certified by the clerk of the county. The liquor commission shall rule on proposed corrections, additions, and subtractions and give reasons for the ruling.

[(c)] (d) 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] that in the opinion of a majority of its members would be a sufficient objection to the granting of a license; [but in such case] provided that if the objection is one to which the applicant should be given a reasonable time to answer, a continuance may be granted [in] at 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] that were not formerly presented or considered, or any other matter of fact in which [in the judgment of] the commission [seems] deems 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.

(e) For purposes of this section, "agricultural commodity" means any fruit, nut, or vegetable that is the food product of any tree, vine, or plant, or any aquacultural, horticultural, silvicultural, or floricultural product."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Intoxicating Liquor; License; Agriculture; Manufacturing

 

Description:

Exempts certain applications from the automatic refusal provision that may be invoked by a majority of nearby voters or real estate owners; specifically, applications for a class 1 license on land designated as agricultural by state or county zoning laws and for which the majority of the agricultural commodities used in the manufacturing of the liquor are grown and produced in the State by the license holder.

 

 

 

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