HB 2: RELATING TO LIQUOR LICENSES.

A BILL FOR AN ACT

RELATING TO LIQUOR LICENSES.

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

     SECTION 1.  The legislature finds that patrons leaving a liquor establishment can adversely affect neighboring residents and users of nearby public facilities.  The legislature enacted section 281-39.5, Hawaii Revised Statutes, which allows for the denial or restriction of liquor licenses for certain establishments near schools or parks, to promote an environment in which alcohol imbibing patrons do not interfere with minors or other residents.  The legislature further finds that section 281-39.5, Hawaii Revised Statutes, currently applies only to the issuance of new liquor licenses, but not the renewal of current licenses, thus creating a safe harbor for existing establishments seeking a renewal of their liquor license.  Although registered voters within five hundred feet of a liquor establishment may not be inclined to protest the initial issuance of a liquor license, they may wish to do so when the license becomes subject to renewal and they have learned more about the establishment.

     Accordingly, the purpose of this Act is to provide communities the opportunity to protest the renewal of certain liquor licenses.

     SECTION 2.  Section 281-39.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  This section shall apply [only] to both the issuance of new liquor licenses, and the renewal of existing liquor licenses, for on-site sale and consumption by the drink [and not to any renewal of such licenses]."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Liquor Licenses; Renewal; Protest; Denial

Description:

Provides that the Liquor Commission or other licensing agency of each county shall deny the renewal of certain current liquor licenses upon receipt of sufficient protests.

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