HOUSE OF REPRESENTATIVES

H.C.R. NO.

119

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

requesting the department of the attorney general to review the liquor control law and its implementation by the various counties.

 

 

WHEREAS, Chapter 281, Hawaii Revised Statutes, relating to intoxicating liquor, establishes statewide law for the manufacture and sale of intoxicating liquor; and

WHEREAS, each of the counties by charter, ordinance, and rule and through appointed liquor commissions and liquor control adjudication boards implements and administers the requirements of Chapter 281; and

WHEREAS, there may be in some instances different applications of Chapter 281 between the various counties; and

WHEREAS, some provisions of Chapter 281 may require further clarity to ensure the fair and even application of law; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Department of the Attorney General is requested to undertake a review of Chapter 281 and the implementation measures of the various counties to ensure that the intoxicating liquor laws of the State are being applied uniformly and with clarity and transparency; and

BE IT FURTHER RESOLVED that the Department of the Attorney General is specifically requested to consider in its review of Chapter 281, Hawaii Revised Statutes, whether:

(1) The public notice requirements contained in section 281-57 should extend to all registered voters or owners or lessees of real estate within five hundred feet of the premises for which the license is being applied;

(2) In applying section 281-39.5, in determining the forty per cent protest by registered voters or owners or lessees threshold, notice to public buildings or quasi—public building, such as hospitals, should be counted in the total of noticed parties;

(3) It is practicable to require notice of all actual residents and not just registered voters or owners or lessees of real estate within the five hundred feet radius;

(4) The application of Chapter 281 by the various counties is being applied uniformly; and

(5) Any amendments to Chapter 281 or other measures should be addressed to provide for the uniform, clear, and transparent application of the state intoxicating liquor laws; and

BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to submit any findings and recommendations, along with any proposed legislation, to the Legislature not less than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Attorney General, and the mayor of each county.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Intoxicating Liquor; Attorney General Review.