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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2552 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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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. 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 Within] Subject to
subsection (b), within ninety days after the hearing, or within one
hundred twenty days thereafter if in its discretion the commission extends the
ninety days to one hundred twenty days, and gives public notice of same, the
commission shall give its decision granting or refusing the application;
provided that if there is a disqualification under this chapter, the application
shall be refused.
(b) If a majority of the:
(1) Registered voters for the area within five hundred feet of the nearest point of the premises for which the license is asked; or
(2) 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 for which the license is asked,
have
duly filed or caused to be filed their protests pursuant to section 281-58
against the granting of the license, [or if there appears any other
disqualification under this chapter,] the application shall be refused[.];
provided that this subsection shall not apply to applications for a class 1 license
on land designated as agricultural by state or county zoning laws and for which
the majority of the agricultural products used in the manufacturing of the
liquor are grown and produced in the State by the license holder. Otherwise, the commission may in its
discretion grant or refuse the same.
For purposes of defining "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;
provided that roadways shall not be included.
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. A
protest filed by owners or lessees who own more than one property shall be counted
for each property.
[(b)] (c) 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; provided that additions or corrections to
the voter registration list shall be certified by the clerk of the county. The liquor commission shall rule on proposed
corrections, additions, and subtractions and give reasons for the ruling.
[(c)] (d) The commission may also, with like
discretion:
(1) Grant
a license to one person in preference to another, without reference to any
priority in the order of filing of the applications; and
(2) Of
its own motion, or on the suggestion of any member, or of the investigator take
notice of any matter or thing which in the opinion of a majority of its members
would be a sufficient objection to the granting of a license; but in such case
if the objection is one to which the applicant should be given a reasonable
time to answer, a continuance may be granted in the discretion of the
commission;
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."
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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Intoxicating Liquor; License; Agriculture; Manufacturing
Description:
Exempts applications for a class 1 license on land designated as agricultural by state or county zoning laws and for which the majority of the agricultural products used in the manufacturing of the liquor are grown and produced in the State by the license holder from the automatic refusal provision that may be invoked by a majority of nearby voters or real estate owners.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.