THE SENATE	S.R. NO.	142
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

SENATE RESOLUTION

URGING THE COUNTY LIQUOR COMMISSIONS TO PROHIBIT THE SALE, SERVING, AND CONSUMPTION OF LIQUOR ON THE PREMISES OF ALL LIQUOR LICENSEES BETWEEN THE HOURS OF 12:00 MIDNIGHT AND 6:00 A.M..

WHEREAS, in recent years, there has been an increase in the number of traffic fatalities that have occurred between the hours of 12:00 midnight and 6:00 a.m.; and

WHEREAS, a number of traffic fatalities that have occurred between the hours of 12:00 midnight and 6:00 a.m. have been caused by drivers operating motor vehicles while under the influence of liquor; and

WHEREAS, commercial operations relating to liquor (which includes beer, wine, distilled spirits, and other alcoholic beverages) are regulated by the county liquor commissions pursuant to Chapter 281, Hawaii Revised Statutes, and applicable county rules; and

WHEREAS, each county liquor commission generally has the power, within its own county, to fix the hours that premises of liquor licenses may be open for the transaction of business, pursuant to section 281-17(a)(8), Hawaii Revised Statutes; and

WHEREAS, the Liquor Commission of the City and County of Honolulu authorizes retailer liquor licensees within the county to sell liquor only between the hours of 6:00 a.m. to 12:00 midnight; and

WHEREAS, although licensed cabarets may be open for the transaction of business until 4:00 a.m. pursuant to section 281‑31(k), Hawaii Revised Statutes, and licensed "bring your own beverage" premises may be open for the transaction of business until 2:00 a.m. pursuant to section 281-31(q)(1), Hawaii Revised Statutes, these statutory provisions do not preempt liquor commissions from prohibiting the sale, serving, or consumption of liquor in these establishments after 12:00 midnight, as these establishments could remain open for other purposes, such as the serving of food or provision of entertainment; and

WHEREAS, traffic fatalities may be significantly reduced if liquor is not authorized to be sold, served, or consumed on the premises of any liquor licensee between the hours of 12:00 midnight and 6:00 a.m.; now, therefore,

BE IT RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, that the liquor commissions of the several counties are urged to adopt rules to prohibit the sale, serving, and consumption of liquor on the premises of all liquor licensees between the hours of 12:00 midnight and 6:00 a.m.; and

BE IT FURTHER RESOLVED that the liquor commissions are urged to vigorously enforce all rules adopted in response to this measure; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the chairs of the respective county liquor commissions.

OFFERED BY:	_____________________________
	BY REQUEST

Report Title:

Counties; Liquor Commissions; Alcohol; Sales; Consumption; Hours