Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 441 entitled:

begs leave to report as follows:

The purpose of this bill is to clarify and strengthen the liquor laws of the State for the benefit of applicants and other participants in the proceeding before the county liquor commission.

Testimony in support of this bill was received from the Waikiki Citizen's Patrol and several interested citizens. The City and County of Honolulu Liquor Commission and the Ala Moana/ Kakaako Neighborhood Board submitted comments on this bill. Testimony in opposition to this bill was received from the Departments of Liquor Control for the Counties of Hawaii, Kauai, and Maui.

Your Committee finds that government proceedings work best when all parties have an understanding of the procedures and requirements. The clarifications made by this Act will provide for more certainty on the liquor license application process and will reduce delays and costs associated with the processing of liquor license applications. The changes in this Act will serve to include the effects of noise, traffic, parking and other potential adverse impacts on a neighborhood in an application to the Liquor Commission.

Your Committee further finds that this bill will require the Liquor Commission, upon written request, to supply a copy of the Liquor Commission's report to any registered voter, owner or lessee of record of real estate, and owners of record of shares in a cooperative apartment, residing within five hundred feet of the premises. This bill gives an applicant or a protester the right to challenge findings contained in the Liquor Commission's Report.

Your Committee has amended this bill by deleting the proposed amendment requiring that:

1. The applicant for a liquor license shall include both a master list of one hundred percent of addressees and addresses of:

1. Owners and lessees of real estate within one hundred feet; and
2. In counties with a population of one hundred-fifty thousand or more, not less than two-thirds of the registered voters residing within, and small business situated within, a distance of five hundred feet.

1. The Liquor Commission refuse any application in an area described in section 281-39.5(a) if at least forty percent of the registered voters or forty percent of the owners and lessees of record or real estate or shares in a cooperative apartment protest.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 441, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 441, H.D. 1, and be referred to the Committee on Finance.