Authorizes the liquor commission to extend the time from 30 days to 45 days for giving a decision to grant or refuse an application. Allows commission to remove names from registered voter list for lack of residency. Deems an application denied if the commission does not make a decision granting or refusing an application. Exempts hearings from chapter 91. (SD1)

A BILL FOR AN ACT

SECTION 1. Section 281-57, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Immediately upon the commission's fixing a day for the public hearing of the application, the applicant shall mail a notice setting forth the time and place of the hearing on the application to each of the following:

The notices required under this subsection shall be mailed at least forty-five days prior to the date set for the hearing. No promotional information shall be allowed on, or accompany the notice. Before the hearing, and within seven days of having mailed the notices, the applicant shall file with the commission an affidavit that the notices have been mailed in compliance with this subsection. In addition to the affidavit [(], which shall be made available within the same seven-day period with proof of having mailed the notices[)], the applicant shall include both a master list of one hundred per cent of addressees and addresses required by paragraphs (1), (2), and (3), and another mailing list consisting of the portion of addressees and their respective addresses who were mailed the notice purposely needed to meet the requirements of paragraphs (1), (2), and (3). The affidavit, master list, and mailing list shall be made available within seven days [(]of the mailing of the notice by the applicant[)], by the commission for public review upon request. For purposes of this section "master list" means every owner and lessee who would otherwise be required to receive notice of the public hearing according to the requirement of paragraphs (1), (2), and (3), even if they were not actually included in the [two-third] two-thirds or three-fourths requirement [(as the case may be)] of paragraph (1) or (2), and every condominium project and cooperative apartment qualifying in paragraph (3). The commission shall cancel the hearing if not receiving the affidavit prior to the hearing or if discovering that the affidavit is false."

SECTION 2. Section 281-59, Hawaii Revised Statutes, is amended to read as follows:

"§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 granting thereof, and hear the parties in interest. The liquor commission shall accept all written or oral testimony for or against the application whether the application is denied, refused, or withdrawn. Within [fifteen] thirty days after the hearing, or within [thirty] forty-five days thereafter if in its discretion the commission extends the [fifteen] thirty days to [thirty] forty-five days, and gives public notice of same, the commission shall give its decision granting or refusing the application; provided that [if a majority of the:] notwithstanding section 91-13.5, if the commission does not make a decision granting or refusing the application, the application shall be deemed denied. If a majority of the:

have duly filed or caused to be filed their protests against the granting of the license, or if there appears any other disqualification under this chapter, the application shall be refused. Otherwise, the commission may in its discretion grant or refuse the same.

For purposes of [defining "] determining a majority of the owners and lessees of record of real estate and owners of record of shares in a cooperative apartment["], each property counts only once. A protest submitted by the majority of the co-owners or the majority of the co-lessees of a property shall constitute a protest by all the owners or lessees of record of that property. Owners or lessees who own more than one property may count each property.

(b) The liquor commission shall make available to the applicant and any protester for review before the public hearing, the protest list of those persons who filed a protest or objection to the application; provided that the applicant shall not use the protest list to attempt to influence in any way any protester to withdraw the protest or objection. All applicants and protesters may submit corrections, additions, and subtractions to the master list and the protest list at the public hearing. The liquor commission shall rule on proposed corrections, additions, and subtractions and give reasons for the ruling.

(c) The commission may also, with like discretion:

provided that in any case where any person affected by such decision petitions the commission for a rehearing of the application and on oath alleges facts and grounds for consideration which were not formerly presented or considered, or any other matter of fact which in the judgment of the commission seems sufficient to warrant a rehearing, such rehearing may be granted by the commission in its discretion upon the publication of notice of rehearing at least seven days before the date of the rehearing. When a rehearing is allowed notice shall be given to the applicant and to the applicant's opponents, by publication or otherwise as the commission shall direct.

(d) Any hearing or rehearing of an application shall be conducted as a public hearing; provided that it shall not be a contested case and shall not be subject to the provisions of chapter 91."

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

SECTION 4. This Act shall take effect upon its approval.