§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 281-57 to 281-60 shall not apply to the holder of a restaurant general license, a wholesale general license, a retail general license, or a dispenser's general license, who applies for a different kind of license within the class of the holder's existing license, on the same premises, or to the holder of a cabaret license who applies for a dispenser license of any kind, on the same premises, or to the holder of a dispenser's beer and wine license who applies for dispenser's beer license, on the same premises, or to a licensee whose licensed premises have been demolished and replaced by another building on the same premises and who applies for the same or lesser kind of the same class of liquor license previously held by the licensee on said premises. [L Sp 1933, c 40, §28; RL 1935, §2597; am L 1939, c 205, pt of §1; RL 1945, §7249; RL 1955, §159-51; am L 1967, c 62, §1; HRS §281-52; am L 1969, c 197, §1; am L 1972, c 149, §1; gen ch 1985; am L 2008, c 168, §10]

 

Case Notes

 

  In denying lounge operator's application for a liquor license, the liquor commission was not required to hold a contested case hearing under chapter 91 in addition to the required public hearing under this chapter where:  (1) there was no such express requirement imposed by this chapter or any other statute; (2) there was no such requirement in the commission's rules; and (3) since a liquor license is a privilege that the commission has the broad discretion to grant or deny, due process principles did not require a trial-type-contested-case hearing.  116 H. 528 (App.), 174 P.3d 367.