SB2549

SECTION 1. Section 281-32, Hawaii Revised Statutes, is amended to read as follows:

"§281-32 Licenses, temporary. (a) A temporary license of any class and kind specified in section 281-31 may be granted under the following conditions:

(1) The premises shall have been operated under a license of the same class, kind, and category issued by the liquor commission at least one year immediately prior to the date of filing of the application for a temporary license, except as otherwise approved by the commission;

(2) The license of the same class, kind, and category then in effect for the premises shall be surrendered in such manner and at such time as the commission shall direct;

(3) The applicant for a temporary license shall have filed with the commission an application for a license of the same class, kind, and category currently or previously in effect for the premises;

(4) The application for a temporary license shall be accompanied by a license fee in such amount as may be prescribed by the commission. If the application is denied or withdrawn, the fee which accompanied the application shall become a realization of the county;

(5) A temporary license shall be for a period of not in excess of one hundred and twenty days. The license may be renewed at the discretion of the commission for not more than one additional one hundred twenty-day period upon payment of such additional fee as may be prescribed by the commission and upon compliance with all conditions required in this section and section 281-31. When a temporary license has expired and no permanent license has been issued, the sale and service of liquor shall cease until the permanent license is issued; provided that, when applicable, the license shall be properly renewed;

(6) A temporary license shall authorize the licensee to purchase liquor only by payment in currency, check, or certified check for the liquor before or at the time of delivery of the liquor to the licensee, except as otherwise provided by commission rule; and

(7) Sections 281-52 and 281-54 and sections 281-56 to 281-61 shall not apply to any application for a temporary license.

(b) Notwithstanding any other section of law to the contrary, the commission shall streamline procedures, including the waiving of hearings, fees, notarization of documents, submission of floor plans, and other requirements, to provide for the issuance of temporary licenses for the sale of liquor for a period not to exceed one day for fundraising events by nonprofit organizations recognized under state or federal law. No criminal history record checks under section 281-53.5 shall be required; provided that the commission may require a background check on the executive director of the nonprofit organization. The commission may adopt rules to implement this section."

SECTION 2. Section 281-60, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If an application pertaining to a particular premises or building location is denied, refused, or withdrawn, the next application from any applicant for that premises or building location shall include a report prepared by the applicant evidencing a substantial change in the circumstances that caused the previous denial, refusal, or withdrawal. The commission shall deny the application at the preliminary hearing unless the applicant submits evidence of a substantial change in the circumstances that previously caused the denial, refusal, or withdrawal of an application pertaining to that premises or building location. The commission may consider the following factors in deciding whether to grant an application pertaining to a premises or building location for which an application has previously been denied, refused, or withdrawn:

(1) Whether a majority of the registered voters residing within five hundred feet of the nearest point of the premises or building location for which the license is asked, or a majority of the owners and lessees of record of real estate and owners of record of shares in a cooperative apartment within five hundred feet of the nearest point of the premises or building location for which the license is asked, no longer oppose the granting of the license;

(2) Whether plans for the construction, building design, use, or operation of the proposed establishment have been altered such that they will not conflict with the character of the surrounding area. In evaluating the character of an area for the purposes of this section, the commission may consider the following factors:

(A) The usual and existing types of business, residential, and recreational uses and activities within the area;

(B) The proximity of residential areas;

(D) The typical or ambient noise levels of the area;

(E) The motor vehicle traffic volume, congestion, and noise; and

(F) Any other factors that the commission finds relevant;

(3) Whether the neighborhood board for the area where the premises is located has rendered a decision on the granting of the license; and

(4) Whether the applicant is a fit and proper person to have a license[~~; and~~

~~(5)~~ ~~Any other considerations deemed by the commission to affect the matter of the application, the issuance, or the exercise of the license applied for~~]."

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.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2549
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII