THE SENATE	S.B. NO.	3077
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to liquor laws.

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

SECTION 1. Section 281-59, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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accept all written or oral testimony for or against the application whether the application is denied, refused, or withdrawn. 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 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 against the granting of the license, or if there appears any other disqualification under this chapter, the application shall be refused[.]; provided further that paragraphs (1) and (2) shall not apply to applications for a class 1 manufacturer license on land designated as agricultural by state or county zoning laws if the majority of the agricultural products used in the manufacturing of the liquor are grown and produced in the State by the applicant. 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."

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 Statutory material to be repealed is bracketed and stricken.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; Class 1 Manufacturer License; Hearing; Mandatory Refusal; Agricultural Farming

Description:

Exempts applications for a class 1 manufacturer license on land designated as agricultural by state or county zoning laws if the majority of the agricultural products used in the manufacturing of the liquor are grown and produced in the State by the applicant from mandatory refusal provisions.

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