HOUSE OF REPRESENTATIVES

H.B. NO.

2249

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to noise.

 

 

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-     Noise restrictions; multiple violations; penalties.  (a)  Notwithstanding any other law to the contrary, if the liquor commission or liquor control adjudication board established in a county with a population of five hundred thousand or more pursuant to section 281-11 determines that any licensee has violated a noise restriction more than once during the same calendar year, the penalty for the second or subsequent violation 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;

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

     (b)  As used in this section, "noise restriction" means a provision of any statute, rule, regulation, permit, or license under chapter 281 or 342F that restricts sound levels using either dBA or dBC as a measurement of sound; provided that "dBA" and "dBC" shall have the same meanings as in section 342F-1."

     SECTION 2.  Section 281-91, Hawaii Revised Statutes, is amended to read as follows:

     "§281-91  Revocation or suspension of license; hearing.  The liquor commission or liquor control adjudication board may revoke any license at any time issued, or suspend the right of the licensee to use the licensee's license, or assess and collect a penalty, or reprimand the licensee, either for the violation of any condition of the license or of any provisions of this chapter or of any rule or regulation applicable thereto, or upon the conviction in a court of law of the licensee of any violation of this chapter or of any other law relative to the licensee's license or the proper exercise thereof, or of any violation of law in any other respect on account whereof the commission or board may deem the licensee to be an unfit or improper person to hold a license, or for any other cause deemed sufficient by the commission or board.

     In every case where it is proposed to revoke or suspend the exercise of any license or assess and collect a penalty for any cause other than a conviction at law of the licensee as above specified, the licensee shall be entitled to notice and hearing in conformity with chapter 91, the notice to be given at least five days before the hearing, except that any special license shall be subject to summary revocation for any violation of or evidence of intent to violate the proper exercise thereof, without hearing before the commission or board.

     At the hearing, before final action is taken by the commission or board, the licensee shall be entitled to be heard in person or through counsel and shall be given a full and fair opportunity to present any facts showing that the alleged cause or causes for the proposed action do not exist, or any reasons why no penalty should be imposed.  The testimony taken at the hearing shall be under oath and recorded stenographically, or by machine, but the parties shall not be bound by the strict rules of evidence; certified copies of any transcript and of any other record made of or at the hearing shall be furnished to the licensee upon the licensee's request and at the licensee's expense.

     Any order of revocation, suspension, fine, or reprimand imposed by the commission or board upon the licensee shall be in addition to any penalty that might be imposed upon the licensee upon the licensee's conviction at law for any violation of this chapter.  No licensee shall be subject to both the penalty assessed and collected by the commission or board and to revocation or suspension of license.  The amount of penalty assessed and collected by the commission or board from any licensee for any particular offense shall not exceed the sum of $2,000[.]; provided that the amount of penalty assessed and collected by the commission or board established in a county with a population of five hundred thousand or more for a second or subsequent offense by a licensee in the same calendar year for violation of a noise restriction, as defined in section 281-  (b), shall be assessed pursuant to section 281-  (a).

     Whenever the service of any order or notice shall be required by this section, the service shall be made in the following manner:  in the case of any violation based upon the personal observation of any investigator, a written notice of the violation shall be given to the licensee or the licensee's registered manager in active charge of the premises, or by serving a certified copy of the notice or order upon the holder of the license wherever the holder may be found in the circuit wherein the holder is licensed, or, if the holder cannot be found after diligent search, by leaving a certified copy thereof at the holder's dwelling house or usual place of abode with some person of suitable age and discretion residing therein; and if the holder of the license cannot be found after diligent search, and service cannot be made, then service may be made by posting a certified copy of the notice or order in a conspicuous place on the licensed premises and depositing another certified copy thereof in the certified mail of the United States post office, postage prepaid, addressed to the holder of the license at the holder's last known residence address; provided that in the case of a partnership, corporation, unincorporated association, or limited liability company, service may be made upon any partner, officer, or member thereof."

     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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Liquor; Honolulu Liquor Commission; Noise Violations; Penalties

 

Description:

Establishes enhanced penalties for multiple noise violations by a licensee in a county with a population of 500,000 or more during a single calendar year.

 

 

 

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