HOUSE OF REPRESENTATIVES |
H.B. NO. |
546 |
THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO INTOXICATING LIQUOR.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's liquor laws contain inconsistencies regarding liquor manufacturing and sales.
Accordingly, the purpose of this Act is to:
(1) Allow a class 18 small craft producer pub
licensee to manufacture not more than seventy thousand barrels of malt
beverages on the licensee's premises during the license year;
(2) Clarify that a class 14 brewpub licensee or
class 18 small craft producer pub licensee may conduct certain activities at
satellite locations other than the licensee's primary manufacturing premises
under certain conditions; and
(3) Clarify the definition of "growler".
SECTION 2. Section 281-31, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (n) to read:
"(n) Class 14.
Brewpub license. A brewpub licensee:
(1) May sell malt beverages manufactured on the
licensee's premises for consumption on the premises;
(2) May sell malt beverages manufactured by the
licensee in brewery-sealed packages to class 3 wholesale dealer licensees
pursuant to conditions imposed by the county by ordinance or rule;
(3) May sell intoxicating liquor purchased from a
class 3 wholesale dealer licensee to consumers for consumption on the
licensee's premises. The categories of
establishments shall be as follows:
(A) A standard bar; or
(B) Premises in which live entertainment or
recorded music is provided. Facilities
for dancing by the patrons may be permitted as provided by commission rules;
(4) May, subject to federal labeling and bottling
requirements, sell malt beverages manufactured on the licensee's premises to
consumers in brewery-sealed kegs and recyclable or reusable containers
and sell malt beverages manufactured on the licensee's premises or purchased
from a class 1 manufacturer licensee, a class 3 wholesale dealer licensee, a
class 14 brewpub licensee, or a class 18 small craft producer pub licensee to
consumers in growlers for off-premises consumption; provided that for purposes
of this paragraph, "growler" means a [glass, ceramic, or metal]
recyclable or reusable container[,] that does not [to]
exceed one [half-gallon, which shall be securely sealed;
(5) May, subject to federal labeling and
bottling requirements, sell malt beverages manufactured on the licensee's
premises in recyclable containers provided by the licensee or by the consumer
which do not exceed one] gallon [per container] and [are] is
securely sealed on the licensee's premises [to consumers for off-premises
consumption];
[(6)] (5) Shall
comply with all [regulations] requirements pertaining to class 4
retail dealer licensees when engaging in the retail sale of malt beverages;
[(7)] (6) May, subject to federal labeling and
bottling requirements, sell malt beverages manufactured on the licensee's
premises in brewery-sealed containers directly to class 2
restaurant licensees, class 3 wholesale dealer licensees, class 4 retail dealer
licensees, class 5 dispenser licensees, class 6 club licensees, class 8
transient vessel licensees, class 9 tour or cruise vessel licensees, class 10
special licensees, class 11 cabaret licensees, class 12 hotel licensees, class
13 caterer licensees, class 14 brewpub licensees, class 15 condominium hotel
licensees, class 18 small craft producer pub licensees, and consumers pursuant
to conditions imposed by county [regulations] ordinances or rules
governing class 1 manufacturer licensees and class 3 wholesale dealer
licensees;
[(8)] (7) May conduct the activities under
paragraphs (1) to [(7)] (6) at [one location] locations
other than the licensee's primary manufacturing premises; provided that:
(A) The manufacturing
takes place in Hawaii; [and]
(B) [The] Each of
the other [location is] locations:
(i) Operates within the State under the same
trade name for the premises; and
(ii) Is properly licensed [under the same ownership;] within
the county of its operation as a class 1 manufacturer licensee, class 2
restaurant licensee, class 4 retail dealer licensee, class 5 dispenser
licensee, class 12 hotel licensee, class 14 brewpub licensee, or class 18 small
craft producer pub licensee;
(C) The county liquor commission of the county
in which the licensee satellite is located shall have jurisdiction of the
satellite; and
(D) All requirements of the license class of the location shall be in effect as required by the county liquor commission for the satellite licensed premises; and
[(9)] (8) May
allow minors, who are accompanied by a parent or legal guardian of legal drinking age, on
the licensee's premises."
2. By amending subsection (r) to read:
"(r) Class 18. Small craft producer pub license. A small craft producer pub licensee:
(1) Shall manufacture not more than:
(A) [Sixty] Seventy
thousand barrels of malt beverages;
(B) Twenty thousand barrels of wine; or
(C) Seven thousand five hundred barrels of alcohol on the licensee's premises during the license year;
provided that for purposes of this paragraph, "barrel" means a container not exceeding thirty-one gallons or wine gallons of liquor;
(2) May sell malt beverages, wine, or alcohol manufactured on the licensee's premises for consumption on the premises;
(3) May sell malt beverages, wine, or alcohol manufactured by the licensee in producer-sealed packages to class 3 wholesale dealer licensees pursuant to conditions imposed by the county by ordinance or rule;
(4) May sell intoxicating liquor purchased from a class 3 wholesale dealer licensee to consumers for consumption on the licensee's premises. The categories of establishments shall be as follows:
(A) A standard bar; or
(B) Premises in which live entertainment or recorded music is provided. Facilities for dancing by the patrons may be permitted as provided by commission rules;
(5) May, subject to federal labeling and bottling
requirements, sell malt beverages manufactured on the licensee's premises to
consumers in producer-sealed kegs and recyclable or reusable containers
and sell malt beverages manufactured on the licensee's premises or purchased
from a class 1 manufacturer licensee, a class 3 wholesale dealer licensee, a
class 14 brewpub licensee, or a class 18 small craft producer pub licensee to
consumers in growlers for off-premises consumption; provided that for purposes
of this paragraph, "growler" means a [glass, ceramic, or metal]
recyclable or reusable container[,] that does not [to]
exceed one [half-gallon,] gallon, which shall be securely sealed;
(6) May, subject to federal labeling and bottling
requirements, sell [malt beverages,] wine[,] or alcohol
manufactured on the licensee's premises in recyclable containers provided by
the licensee or by the consumer which do not exceed:
(A) One gallon per
container for [malt beverages and] wine; and
(B) One liter for alcohol; and
are securely sealed on the licensee's premises to consumers for off-premises consumption;
(7) Shall comply with all [regulations] requirements
pertaining to class 4 retail dealer licensees when engaging in the retail sale
of malt beverages, wine, and alcohol;
(8) May, subject to federal labeling and bottling
requirements, sell malt beverages, wine, and alcohol manufactured on the
licensee's premises in producer-sealed containers directly to class 2
restaurant licensees, class 3 wholesale dealer licensees, class 4 retail dealer
licensees, class 5 dispenser licensees, class 6 club licensees, class 8
transient vessel licensees, class 9 tour or cruise vessel licensees, class 10
special licensees, class 11 cabaret licensees, class 12 hotel licensees, class
13 caterer licensees, class 14 brewpub licensees, class 15 condominium hotel
licensees, class 18 small craft producer pub licensees, and consumers pursuant
to conditions imposed by county [regulations] ordinances or rules
governing class 1 manufacturer licensees and class 3 wholesale dealer
licensees;
(9) May conduct the
activities under paragraphs (1) to (8) at [one location] locations
other than the licensee's premises; provided that:
(A) The manufacturing
takes place in Hawaii; [and]
(B) [The] Each of
the other [location is] locations:
(i) Operates within the State under the same trade name for the premises; and
(ii) Is properly licensed [under the same
ownership;] within the county of its
operation as a class 1 manufacturer licensee, class 2 restaurant licensee,
class 4 retail dealer licensee, class 5 dispenser licensee, class 12 hotel
licensee, class 14 brewpub licensee, or class 18 small craft producer pub
licensee;
(C) The county liquor commission of the county
in which the licensee satellite is located shall have jurisdiction of the
satellite; and
(D) All requirements of the license class of the location shall be in effect as required by the county liquor commission for the satellite licensed premises; and
(10) May allow minors, who are accompanied by a parent or legal guardian of legal drinking age, on the licensee's premises."
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, 2019.
Report Title:
Liquor Licenses; Brewpubs; Small Craft Producer Pubs; Satellite Locations; Retail Sales; Intoxicating Liquors; Containers; Manufacturers
Description:
Allows a class 18 small craft producer pub licensee to manufacture
not more than 70,000 barrels of malt beverages on the
licensee's premises during the license year. Clarifies that a class 14 brewpub licensee or
class 18 small craft producer pub licensee may conduct certain activities at
satellite locations other than the licensee's primary manufacturing premises
under certain conditions. Clarifies the
definition of "growler". (HB546
CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.