THE SENATE	S.B. NO.	2545
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to intoxicating liquor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 281-4, Hawaii Revised Statutes, is amended to read as follows:

     "§281-4  Liquor consumption on unlicensed premises prohibited, when.  (a)  It shall be unlawful for any person who keeps or maintains any restaurant or other premises where food, beverages, or entertainment are provided, or brought in by patrons or guests, whether for compensation or not, or to which members of the public, or members of an organization, resort for food, refreshment, or entertainment, and who is not a licensee of the commission under this chapter, to promote, encourage, aid, or permit the consumption of liquor on the premises, except during the hours between which licensed premises of dispensers are permitted to be open for the transaction of business in the county where the premises are located.

     (b)  It shall be unlawful for any person who is present at any restaurant or other premises where food, beverages, or entertainment are sold, provided, or brought in by patrons or guests, or to which members of the public, or members of an organization, resort for food, refreshment, or entertainment, and which premises are not licensed by the commission under this chapter, to consume any liquor on the premises, except during the hours between which licensed premises of dispensers are permitted to be open for the transaction of business in the county where the premises are located.

     (c)  It shall be unlawful for any person who keeps or maintains any restaurant or other premises where food, beverages, or entertainment are provided, or brought in by patrons or guests, whether compensated or not, to sell or provide or allow the consumption of liquor to or for any of the following persons knowing that such person has, or is about to obtain, liquor for consumption by the person on the premises, to wit:

     (1)  Any minor;

     (2)  Any person at the time under the influence of liquor;

     (3)  Any disorderly person;

     (4)  Any person known to be addicted to the excessive use of liquor; or

     (5)  Any person, for consumption in any vehicle on the premises;

provided that the providing of liquor to or for a minor who has or is about to obtain liquor for consumption by the minor on the premises or allowing the consumption of liquor by a minor shall not be deemed to be a violation of this subsection if, at the time, the person providing or allowing the consumption of liquor was misled by the appearance of the minor and the attending circumstances into honestly believing that such minor was of legal age and the person acted in good faith, and it shall be incumbent upon the person to prove that the person so acted in good faith.

(d)  The commission in a county with a population greater than five hundred thousand shall, and the commission in a county with a population of five hundred thousand or less may, regulate consumption of liquor on unlicensed premises under this section by requiring the proprietor to obtain a permit from the commission or agency administrator.  Issuance of a permit under this subsection shall not be subject to the requirements of part IV, except those of the type regarding applications, fees, and renewals found in sections 281-53, 281-54, and 281-61(a) and (b).  A commission regulating consumption of liquor on unlicensed premises under this subsection shall adopt rules pursuant to chapter 91 to effectuate this purpose.

(e)  The commission shall have jurisdiction to enforce this section by taking action pursuant to section 281-17(a)(10) and (b).

     [(d)] (f)  Within the meaning of this section, the word "premises" includes any vessel as well as any place, with or without a structure thereon, and the hours between which licensed premises of dispensers are permitted to be open for the transaction of business shall be deemed to be those during which such dispensers are permitted to keep open their premises for the sale, service, and consumption of liquor, or any of them."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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, 2010.

INTRODUCED BY:

_____________________________

Report Title:

Intoxicating Liquor; Unlicensed Establishments

Description:

Requires liquor commissions in any county with a population over 500,000, and authorizes liquor commissions in any county with a population of 500,000 or less, to regulate BYOB establishments by issuance of permits.  Requires adoption of rules regarding permit applications, fees, and renewals.  Permits consumption of liquor in BYOB establishments only until 10:00 p.m.  Authorizes liquor commission to enforce liquor laws regarding BYOB establishments.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.