STAND. COM. REP. NO.  955

 

Honolulu, Hawaii

                , 2015

 

RE:   S.B. No. 868

      S.D. 1

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Economic Development & Business, to which was referred S.B. No. 868, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO LIQUOR COMMISSIONS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to clarify regulations regarding dancing in establishments licensed to serve alcohol by:

 

     (1)  Authorizing each county Liquor Commission to regulate dancing in licensed premises; and

 

     (2)  Requiring each county Liquor Commission that chooses to regulate dancing to adopt or amend rules regarding limitations on dancing in licensed premises and define the term "dancing", no later than October 1, 2015.

 

     Maui Dance Advocates and a concerned individual testified in support of this measure.  The Grassroot Institute of Hawaii provided comments.

 

     Under current law, county Liquor Commissions have the sole jurisdiction, power, authority, and discretion, to control, supervise, and regulate the manufacture, importation, and sale of liquor by individuals and establishments, including through licensure.  However, your Committee was informed that different county Liquor Commissions have established different rules regarding dancing on the premises of establishments that are licensed to serve alcohol.  This has led to confusion among both establishment owners and patrons as to whether dancing in any location on the establishment's premises, other than a designated dance floor, is permissible. 

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying county Liquor Commissions' express authority to regulate dancing on the premises of an establishment serving alcohol;

 

     (2)  Clarifying that jurisdiction, power, authority, and discretion to regulate establishments that serve alcohol does not rest solely with a county Liquor Commission; and

 

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     This measure, as amended, provides each county Liquor Commission with the express authority to regulate dancing in licensed premises through administrative rules and requires each county Liquor Commission that chooses to regulate dancing to have rules in place regarding limitations on dancing and define the term "dancing" by a certain date.  This will address confusion and enable county Liquor Commissions to provide establishments and patrons with an understanding of, and guidelines regarding, any dancing regulations.

 

     As affirmed by the record of votes of the members of your Committee on Economic Development & Business that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 868, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 868, S.D. 1, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

 

Respectfully submitted on behalf of the members of the Committee on Economic Development & Business,

 

 

 

 

____________________________

DEREK S.K. KAWAKAMI, Chair