THE SENATE |
S.B. NO. |
2945 |
TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to liquor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-45, Hawaii Revised Statutes, is amended to read as follows:
"§281-45 No license issued, when. No license shall be issued under this chapter:
(1) To
any minor or to any person who has been convicted of a felony and not pardoned,
or to any other person not deemed by the commission to be a fit and proper
person to have a license; provided that the commission may grant a license
under this chapter to a corporation that has been convicted of a felony where
the commission finds that the corporation's officers and shareholders of
twenty-five per cent or more of outstanding stock are fit and proper persons to
have a license;
(2) To
a corporation the officers and directors of which, or any of them, would be
disqualified under paragraph (1) from obtaining the license individually, or a
stockholder of which, owning or controlling twenty-five per cent or more of the
outstanding capital stock, or to a general partnership, limited partnership,
limited liability partnership, or limited liability company whose partner or
member holding twenty-five per cent or more interest of which, or any of them
would be disqualified under paragraph (1) from obtaining the license
individually; provided that for publicly-traded companies or entities
ultimately solely owned by a publicly-traded company, only the officers and
directors designated as primary decision-makers shall be considered to
determine disqualification under paragraph (1);
(3) Unless
the applicant for a license or a renewal of a license, or in the case of a
transfer of a license, both the transferor and the transferee, present to the
issuing agency a tax clearance certificate from the department of taxation [and
from the Internal Revenue Service] showing that the applicant or the
transferor and transferee do not owe the state [or federal governments]
government any delinquent taxes, penalties, or interest; or that
the applicant, or in the case of a transfer of a license, the transferor or
transferee, has entered into an installment plan agreement with the department
of taxation [and the Internal Revenue Service] for the payment of
delinquent taxes in installments and that the applicant is or the transferor or
transferee is, in the case of a transfer of a license, complying with the
installment plan agreement; provided that when the applicant or the transferor
or transferee, in the case of a transfer of a license, is validly challenging a
tax assessment, penalty, or other proceeding that prevents the issuance of a
signed certificate from the appropriate federal or state tax agency, the
commission shall issue a license that is valid for the period of time necessary
to resolve the challenge;
(4) To an applicant for a class 2, class 4 except for convenience minimarts, class 5, class 6, class 11, class 12, class 13, class 14, class 15, class 17, or class 18 license unless the applicant for issuance of a license or renewal of a license, or in the case of a transfer of a license, both the transferor and the transferee, present to the issuing agency proof of liquor liability insurance coverage in an amount of $1,000,000; or
(5) To any applicant who has had any liquor license revoked less than two years previous to the date of the application for any like or other license under this chapter."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Liquor; License; Tax Clearance
Description:
Eliminates the requirement that the applicant for a liquor license or a renewal of a license, or in the case of a transfer of a license, both the transferor and the transferee produce either a tax clearance certificate from the Internal Revenue Service or proof of entering into an installment plan agreement with the Internal Revenue Service.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.