Hawaii Revised Statutes 281. Intoxicating Liquor

PART I. GENERAL PROVISIONS

• 281-1 Definitions.
  Whenever used in this chapter, unless otherwise apparent from the context: "Addicted to the excessive use of intoxicating liquor" refers to one who has...
• 281-2 Excepted Articles; Penalty.
  The articles enumerated in this section shall not, after having been manufactured and prepared for the market, be subject to this chapter if they...
• 281-3 Illegal Manufacture, Importation, or Sale of Liquor.
  It shall be unlawful for any person not having a valid license to manufacture or sell any liquor except as otherwise provided in this...
• 281-4 Liquor Consumption on Unlicensed Premises Prohibited, When.
  (a) It shall be unlawful for any person who keeps or maintains any restaurant or other premises where food, beverages, or entertainment are provided...
• 281-5 Powdered Alcohol.
  (a) No person shall consume, purchase, possess, sell, offer for sale, or otherwise distribute powdered alcohol in the State. (b) Any person who violates...

PART II. LIQUOR COMMISSIONS

• 281-11 County Liquor Commissions and Liquor Control Adjudication Boards; Qualifications; Compensation.
  (a) A liquor commission or liquor control adjudication board, consisting of not less than five members, no more than the minimum required for a...
• 281-11.5 Liquor Commission and Board Attorney.
  The liquor commission or liquor control adjudication board may hire attorneys to assist it in carrying out its administrative functions under this chapter. The...
• 281-12 Commission and Board Office.
  The council of each county shall furnish the liquor commission and the liquor control adjudication board of the county suitable quarters for its meetings,...
• 281-13 Meetings.
  Meetings of the liquor commission or the liquor control adjudication board may be held at any time and as often from time to time as...
• 281-14 Records.
  The liquor commission and liquor control adjudication board shall ensure that complete records are kept of all commission and board meetings, proceedings, and acts...
• 281-15 Reports, Accounts, Audit.
  On or before September 30 of each year the chairperson of the liquor commission shall submit to the elected executive head of the county...
• 281-16 County Liquor Commission and Liquor Control Adjudication Board Funds; Disposition of Realization; Payment of Expenses.
  All fees and other moneys collected or received by each liquor commission or liquor control adjudication board under this chapter shall be paid not...
• 281-17 Jurisdiction and Powers.
  (a) [Repeal and reenactment on May 5, 2017. L 2012, c 297, §4.] The liquor commission, within its own county, shall have the jurisdiction, power,...
• 281-17.5 Fees; Justified, Method of Change, Limitation.
  (a) Any liquor license fee or any increase in an existing liquor license fee sought to be implemented by any commission shall have, as...
• 281-18 Repealed.
  L 1979, c 192, §1.
• 281-19 Hearings, Attendance, Examinations.
  If any person subpoenaed as a witness to attend before the liquor commission or liquor control adjudication board, or to produce any books, papers, or...
• 281-20 General Right of Inspection.
  Any investigator may, at all times, without notice and without any search warrant or other legal process, visit and have immediate access to every...
• 281-21 Service of Subpoenas by Investigators, Police Officers, or Other Law Enforcement Officers; Witnesses' Fees.
  Any investigator, police officer, or other law enforcement officer may serve any subpoena issued by the liquor commission, liquor control adjudication board, or administrator....
• 281-22 Political Activities of Commission Employees.
  (a) A commission employee may support, advocate, or aid in the election or defeat of any candidate for public office, or run for public office;...

PART III. LICENSES AND PERMITS, GENERAL PROVISIONS

• 281-31 Licenses, Classes.
  (a) Licenses may be granted by the liquor commission as provided in this section. (b) Class 1. Manufacturer license. A license for the manufacture...
• 281-32 Licenses, Temporary.
  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...
• 281-32.3 Repealed.
  L 2008, c 168, §18.
• 281-32.5 Permits for Trade Shows or Other Exhibitions.
  Notwithstanding any other provision to the contrary, any trade exhibitor, trade organization or other exhibitor shall apply to the liquor commission or agency administrator...
• 281-33 Special Powers, Privileges, and Rights.
  The following special powers, privileges, and rights are hereby granted, anything in this chapter to the contrary notwithstanding: (1) Any person arriving in the...
• 281-33.1 Individual Permits to Receive Shipments of Liquor.
  (a) Notwithstanding any other provisions of law, any unlicensed adult person may apply to the liquor commission and be issued, for a nominal fee,...
• 281-33.5 Repealed.
  L 2006, c 227, §3.
• 281-33.6 Direct Shipment of Wine by Wineries.
  (a) Any person holding: (1) A general excise tax license from the department of taxation; and (2) Either: (A) A class 1, class 16,...
• 281-34 Sham Operation Under Club License; Supervision.
  Whenever the liquor commission is of the opinion that any holder of a club license is not conducting the business under such license in...
• 281-35 Special Conditions; Club Licenses.
  No liquor shall be sold under a club license to any person not a member of the club nor a guest thereof enjoying the...
• 281-35.5 Special Conditions; Condominium Hotel Licenses.
  A condominium hotel operator shall submit to the commission a copy of the information on the initial application for registration of the condominium hotel...
• 281-36 Repealed.
  L 1997, c 34, §1.
• 281-37 Sales of Alcohol.
  No alcohol shall be sold, bartered, or otherwise furnished by any person whether holding a license to manufacture or sell the same under this...
• 281-38 Conditions of Licenses.
  Every license issued under this chapter shall contain the condition that it is subject to this chapter and any other laws applicable to the...
• 281-39 Place of Business; Exception; Solicitors' and Representatives' Permits.
  (a) A license issued under this chapter shall authorize the doing of the business licensed only at the place described in the license, which shall...
• 281-39.5 Liquor License Prohibited; Where.
  (a) The liquor commission or agency of each county may deny or restrict the issuance of a liquor license for on-site sale and consumption...
• 281-40 Unlicensed Liquor.
  No licensee shall have or keep any liquor whatever, for sale or consumption, on or in connection with the licensee's licensed premises except as...
• 281-41 Transfer of Licenses; Notice of Change in Officers, Directors, and Stockholders of Corporate Licenses, Partners of a Partnership License, and Members of a Limited Liability Company License; Penalty.
  (a) No license issued under this chapter to an original applicant or to any transferee shall be transferable or be transferred within one year...
• 281-42 Manufacturers and Wholesale Dealers, Special Restrictions.
  (a) It shall be unlawful for any person holding a manufacturer's license or a wholesale dealer's license to induce the purchases of a retail...
• 281-43 Repealed.
  L 1979, c 192, §3.
• 281-44 Advertisements and Signs Upon Licensed Premises.
  (a) All licensed premises shall post a sign in or about the premises containing and notifying all customers and other persons of the possible sanctions...
• 281-45 No License Issued, When.
  No license shall be issued under this chapter: (1) To any minor or to any person who has been convicted of a felony and...
• 281-46 Pool Buying.
  (a) No holder of a wholesale dealer's or manufacturer's license shall refuse to sell liquor to two or more licensees pursuant to any pool...
• 281-47 Standard Bar; Music and Dancing Available.
  Any standard bar establishment may provide facilities for dancing by patrons, including a dance floor and live or recorded music, if the establishment is...

PART IV. PROCEDURE FOR OBTAINING LICENSE

• 281-51 Prior Inspection.
  No license shall be issued under this chapter unless and until the liquor commission has caused to be made a thorough inspection of the...
• 281-52 Public Hearing.
  No license shall be granted except after a public hearing by the liquor commission upon notice as prescribed in this chapter; provided that sections...
• 281-53 Application; Penalty for False Statements.
  Every application for a license or for the renewal of a license or for the transfer of a license shall be in writing, signed...
• 281-53.5 County Liquor Commissions; Criminal History Record Check.
  (a) The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section...
• 281-54 Filing Fees With Application.
  A filing fee in such amount as shall be established by the respective liquor commission shall be paid with any application for an initial...
• 281-55 Reference to Investigator.
  Upon the filing of any application the administrator of the liquor commission shall indorse thereon the date of filing thereof. If no patent disqualification...
• 281-56 Report by Investigator.
  (a) On every application referred to the investigator under section 281-55, the investigator shall report in writing to the liquor commission and, if the...
• 281-57 Preliminary Hearing; Notice of Public Hearing.
  (a) Upon the filing of the investigator's report upon any application the liquor commission may hold a preliminary hearing and upon such preliminary hearing...
• 281-58 Protests.
  Protests against the granting of a license may be filed by any person. Protests against the granting of a license upon such application, which...
• 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...
• 281-60 Further Application.
  (a) Except as provided for in section 281-13, if an applicant has at any time been denied or refused a license, no further application...
• 281-61 Renewals.
  (a) Other than for good cause, the renewal of an existing license shall be granted upon the filing of an application; provided that if:...
• 281-62 Reduction or Increase in Area of Licensed Premises.
  The liquor commission may, in its discretion, permit the reduction or the increase in the area of the licensed premises of any licensee without...

PART V. DUTIES OF AND SUPERVISION OVER LICENSEE

• 281-71 Posting of License.
  Every license issued and in effect under this chapter shall at all times be conspicuously posted and exposed to view, convenient for inspection, on...
• 281-72 Condition of Premises.
  All premises licensed or proposed to be licensed shall be constructed, arranged, furnished, equipped, maintained, and operated in such manner as may be prescribed...
• 281-73 Quality of Liquor; Penalty.
  No liquor at any time manufactured or sold in the State shall be other than of a pure quality, according to any applicable legal...
• 281-74 Labels on Containers.
  All persons manufacturing any liquor for sale under this chapter shall securely and permanently attach to every container thereof, as the same is manufactured,...
• 281-75 Analyses.
  Whenever the liquor commission or investigator thereof has reason to believe or suspect, on complaint or otherwise, that any liquor being manufactured or which...
• 281-76 Tampering With Samples; Penalty.
  Any person who tampers with any sample of liquor taken for analysis under this chapter shall be fined not more than $2,000 or imprisoned...
• 281-77 Refusal of Samples; Penalty.
  Any licensee who refuses to deliver or accede to the taking of any sample of liquor for analysis upon disclosure of the procurer's authority...
• 281-78 Prohibitions.
  (a) No person shall: (1) Consume any liquor on any public highway, except as permitted in section 291-3.4; (2) Consume any liquor on any...
• 281-78.5 Practices to Promote Excessive Consumption of Liquor; Prohibited.
  (a) No person licensed to sell liquor for consumption on the premises shall engage in practices which promote excessive consumption of liquor. (b) The...
• 281-79 Entry for Examination; Obstructing Liquor Commission Operations; Penalty.
  Every investigator shall, and any officer having police power may, at all reasonable times, and at any time whatsoever if there is any reasonable...
• 281-80 Arrest.
  Any investigator or police officer who observes any violation by any person of this chapter or of any rule or regulation of the liquor...
• 281-81 Repealed.
  L 1988, c 383, §7.
• 281-82 No Action for Debt.
  No person except a licensed manufacturer or licensed wholesale or retail dealer or his heirs, personal representatives, trustees, or assigns with respect to sales...
• 281-83 Repealed.
  L 1986, c 344, §16; L 1989, c 149, §1.
• 281-84 Exclusion of Intoxicated Person From Premises; Penalty.
  Every person who, being under the influence of liquor, enters any premises licensed for the sale of liquor, or being under the influence of...
• 281-85 Prize, Gift, Premium, and Other Inducement.
  (a) Unless otherwise provided by this chapter, it shall be unlawful for any person to offer or to provide any intoxicating liquor as a...

PART VI. REVOCATION OF LICENSE

• 281-91 Revocation or Suspension of License; Hearing.
  The liquor commission or liquor control adjudication board may revoke any license at any time issued, or suspend the right of the licensee to...
• 281-92 Appeals.
  Any licensee aggrieved by any order assessing or providing for the collection of a penalty, or by any order suspending or revoking any license,...
• 281-93 Reports to Prosecuting Officers.
  When the revocation or suspension of any license is by reason of any violation of law the liquor commission or the administrator shall report...
• 281-94 Forfeiture of Fee Paid.
  If any license is revoked or canceled by the liquor commission or liquor control adjudication board, the fee paid for the license or any...
• 281-95 Bankruptcy, Insolvency, Death.
  If a licensee becomes a legally adjudicated bankrupt, or makes an assignment for the benefit of the licensee's creditors, or dies, before the expiration...
• 281-96 Cancellation.
  If the use of the premises covered by any license becomes lost to the licensee by reason of being sold under foreclosure proceedings, or...
• 281-97 When Sale Without License Authorized.
  In case a license is revoked or canceled or not renewed, the licensee may with the permission of and upon the conditions set by...

PART VII. GENERAL VIOLATIONS AND PROSECUTIONS

• 281-101 Manufacture or Sale Without License; Penalty.
  If any person, acting in person or by or through any agent, servant, or employee, manufactures or sells any liquor, either directly or indirectly,...
• 281-101.4 Hearing, Illegal Manufacture, Importation, or Sale of Liquor.
  The liquor commission or liquor control adjudication board may assess and collect a penalty, or reprimand a person for not having a valid license...
• 281-101.5 Prohibitions Involving Minors; Penalty.
  (a) Any adult who provides or purchases liquor for consumption or use by a person under twenty-one years of age shall be guilty of...
• 281-102 Other Offenses; Penalty.
  If any person violates this chapter or any rule or regulation in effect by authority of this chapter, whether in connection therewith a penalty...
• 281-102.5 Purchasing From Other Than Primary Source of Supply; Penalty.
  (a) No licensee authorized to import liquor into this State shall order, purchase, or receive liquor for resale unless the licensee orders, purchases or...
• 281-103 Repealed.
  L 1988, c 383, §8.
• 281-104 Investigators, Employees, Counsel For.
  Whenever any investigator or other employee of the liquor commission shall be prosecuted for any crime or sued in any civil cause for acts...
• 281-105 Determination Whether Acts Were in Scope of Duty.
  The determination of whether the acts of an investigator or other employee of the liquor commission, when the investigator or other employee is being...
• 281-106 Prosecutions Not to Exclude Other Remedies Affecting License or Goods.
  The provisions in this chapter for the imposition upon any licensee of the penalties by fine or imprisonment for any violation of this chapter...
• 281-107 Presumptive Evidence.
  In any prosecution under this chapter, the fact that any person engaged in any kind of business holds or is required to hold, a...
• 281-108 Search Warrants; Seizure.
  If any person makes complaint, supported by oath, before any district or circuit judge, setting forth facts sufficient to show probable cause that any...
• 281-109 Seizure Without Warrant.
  (a) If any investigator or police officer has information which causes the investigator or police officer to believe that liquor is kept or deposited...
• 281-110 Arrest; Abetters.
  The owner, keeper, and any person having the custody of any liquor or property seized as provided in sections 281-108 and 281-109 shall be...
• 281-111 Condemnation of Property or Liquor; Disposition.
  Any still, plant, or other equipment shown to have been used for the manufacture of liquor in violation of this chapter and any liquor...
• 281-112 Repealed.
  L 1988, c 383, §9.
• 281-113 Claims.
  If the owner or possessor of any property or liquor seized under this chapter appears and makes claim to the same, the owner or...
• 281-114 Appeals.
  An appeal shall be allowed to any claimant of property or liquor seized as aforesaid from the judgment of the court in the same...

PART VIII. PRICE DISCRIMINATION IN SUPPLYING LIQUOR--REPEALED

• 281-121 to 124 Repealed.
  L 1988, c 314, §1.

Last modified: October 27, 2016