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THE SENATE |
S.B. NO. |
175 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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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 commodities 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
once for each property.
[(b) The] (c) Before the public hearing, 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 for review; 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] that
in the opinion of a majority of its members would be a sufficient objection to
the granting of a license; [but in such case] provided that if the
objection is one to which the applicant should be given a reasonable time to
answer, a continuance may be granted [in] at 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] that were not formerly presented or
considered, or any other matter of fact in which [in the judgment of]
the commission [seems] deems 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.
(e) For purposes of this section, "agricultural commodity" means any fruit, nut, or vegetable that is the food product of any tree, vine, or plant, or any aquacultural, horticultural, silvicultural, or floricultural product."
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 certain applications from the automatic refusal provision that may be invoked by a majority of nearby voters or real estate owners; specifically, 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 commodities used in the manufacturing of the liquor are grown and produced in the State by the license holder.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.