SB 61: RELATING TO LIQUOR LAW VIOLATIONS.

A BILL FOR AN ACT

RELATING TO LIQUOR LAW VIOLATIONS.

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

     SECTION 1.  Chapter 281, Hawaii Revised Statutes, is amended by adding a new section to part VII to be appropriately designated and to read as follows:

     "§281-    Multiple violations; penalties.  Notwithstanding any other provision in this chapter or any rules adopted thereunder to the contrary, if the liquor commission or liquor control adjudication board established pursuant to section 281‑11 in a county with a population of five hundred thousand or more determines that any licensee has violated this chapter or any rule in effect by authority of this chapter within twelve months of the initial violation, the penalty for the second or subsequent violation of the same section or rule shall be as follows:

     (1)  For a second violation, the fine shall be a minimum of $2,000 and a maximum of $4,000;

     (2)  For a third violation, the fine shall be a minimum of $4,000 and a maximum of $8,000;

     (3)  For a fourth violation, the licensee's license shall be suspended for one month; and

     (4)  For a fifth violation, the licensee's license shall be revoked.

     This section shall be in addition to, and shall not affect, any other applicable penalties."

     SECTION 2.  Section 281-76, Hawaii Revised Statutes, is amended to read as follows:

     "§281-76  Tampering with samples; penalty.  Any person who tampers with any sample of liquor taken for analysis under this chapter shall be fined not more than $2,000 or imprisoned not more than one year, or both[.]; provided that in a county with a population of five hundred thousand or more, the amount of any penalty assessed and collected for a second or subsequent violation of this section by a licensee within twelve months of the initial act of tampering shall be assessed pursuant to section 281-  ."

     SECTION 3.  Section 281-77, Hawaii Revised Statutes, is amended to read as follows:

     "§281-77  Refusal of samples; penalty.  Any licensee who refuses to deliver or accede to the taking of any sample of liquor for analysis upon disclosure of the procurer's authority as provided by section 281-75 shall be fined not more than $2,000[.]; provided that in a county with a population of five hundred thousand or more, the amount of any penalty assessed and collected for a second or subsequent violation of this section by a licensee within twelve months of the initial act of refusal shall be assessed pursuant to section 281-  ."

     SECTION 4.  Section 281-79, Hawaii Revised Statutes, is amended to read as follows:

     "§281-79  Entry for examination; obstructing liquor commission operations; penalty.  Every investigator shall, and any officer having police power may, at all reasonable times, and at any time whatsoever if there is any reasonable ground for suspicion that the conditions of any license are being violated, without warrant enter into and upon any licensed premises and inspect the same and every part thereof, and any books or records therein, to ascertain whether or not all conditions of the license and all provisions of this chapter are being complied with by the licensee.

     If any investigator or officer, or any person called by the investigator or officer to the investigator's or officer's aid, is threatened with the use of violence, force, or physical interference or obstacle, or is hindered, obstructed, or prevented by any licensee, the licensee's employees, or any other person from entering into the premises, or whenever any investigator or officer is by any licensee, the licensee's employees, or any other person opposed, obstructed, or molested in the performance of the officer's duty in any respect, the licensee, the licensee's employee, or any other person shall be fined not more than $2,000 or imprisoned not more than one year, or both[.]; provided that in a county with a population of five hundred thousand or more, the amount of any penalty assessed and collected for a second or subsequent violation of this section by a licensee within twelve months of the initial violation shall be assessed pursuant to section 281-  .

     Whenever any investigator or officer, having demanded admittance into any licensed premises and declared the investigator's or officer's name and office, is not admitted by the licensee or the person in charge of the premises, it shall be lawful for the investigator or officer to forcibly and in any manner to break into and enter the premises."

     SECTION 5.  Section 281-102, Hawaii Revised Statutes, is amended to read as follows:

     "§281-102  Other offenses; penalty.  If any person violates this chapter or any rule or regulation in effect by authority of this chapter, whether in connection therewith a penalty is referred to or not, for which violation no penalty is specifically prescribed, the person shall be imprisoned not more than six months or fined not more than $1,000, or both[.]; provided that in a county with a population of five hundred thousand or more, the amount of any penalty assessed and collected for a second or subsequent violation of this section by a licensee within twelve months of the initial violation shall be assessed pursuant to section 281-  ."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8  This Act shall take effect upon its approval.

Report Title:

Liquor; Liquor Commissions; Penalties; Multiple Violations

Description:

Establishes enhanced penalties for multiple violations of the same liquor law by licensees in a county with a population of 500,000 or more, under certain circumstances.

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