Requires new liquor licenses issued to establishments that are or would be located within 500 feet of a public playground or a public or private school to prohibit liquor sales before 6:00 p.m. on weekdays.

A BILL FOR AN ACT

SECTION 1. The legislature finds that existing law establishes a five hundred foot minimum distance between establishments that sell alcoholic beverages by the drink for consumption on the premises and public and private elementary, intermediate, or high schools and public playgrounds.

The legislature further finds that the sale and consumption of alcohol in close proximity to schools and other areas that are frequented by children and youths do not contribute to a safe school environment, and undermine efforts to discourage and prevent underage drinking. Limiting sales of liquor in establishments located in close proximity to schools and playgrounds would contribute to the safety and well being of students and other minors within the State.

The purpose of this Act is to restrict the time period in which establishments that are located within five hundred feet of a public or private school or public playground may sell liquor for on-site consumption.

SECTION 2. Section 281-39.5, Hawaii Revised Statutes, is amended to read as follows:

"§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 by the drink to any applicant whose establishment is or would be located within five hundred feet of a public or private elementary, intermediate, or high school, or public playground utilized extensively by minors, as determined by the liquor commission of each county; provided that the liquor commission or agency of each county shall deny the issuance of a liquor license if forty per cent of the:

have duly filed or caused to be filed their protests against granting the license. The distance of five hundred feet shall be measured from the boundary of the school or public playground to the boundary of the applicant's premises. Public or private beaches, and public or private day care centers located in or adjacent to commercial areas shall not be deemed schools or public playgrounds for purposes of this section. The provisions of this section shall not apply to establishments located within areas designated by the appropriate counties for resort purposes, or to hotel liquor license applicants.

(b) Liquor licenses issued pursuant to this section shall prohibit the sale of alcohol prior to six p.m. on weekdays.

(c) This section shall apply [only] to the issuance of new liquor licenses for on-site sale and consumption by the drink and [not] to any renewal of such licenses."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2005.