[§846-42] County liquor commissions; criminal history record check. (a) The county liquor commissions may request a background check on an applicant for a liquor license. For the purposes of this section, "criminal history record check" means an examination or search for evidence of an individual's criminal history by means of:
(1) A search for the individual's fingerprints in the national criminal history record files and, if found, an analysis and any other information available pertaining thereto; and
(2) A criminal history record check conducted by the Hawaii criminal justice data center; provided that the Hawaii criminal justice data center may charge a reasonable fee for criminal history record checks performed.
The background check, at a minimum, shall require the applicant to disclose whether:
(1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and
(2) The judgment of conviction has not been vacated.
For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include, at a minimum, the applicant's name, social security number, date of birth, and sex. This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section.
(b) The applicant shall submit to the liquor commission:
(1) A statement signed under penalty of perjury whether the applicant has ever been convicted of a crime other than a minor traffic violation;
(2) Written consent to the liquor commission to request and obtain criminal history record information for verification;
(3) Permission to be fingerprinted.
(c) The liquor commission shall obtain criminal history record information through the Hawaii criminal justice data center on the applicant. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to applicable federal laws and regulations currently or hereafter in effect. [L 1990, c 252, §1]