Report Title:

Intoxicating Liquor; Minors

Description:

Prohibits attempts by minor to purchase liquor or using false identification to unauthorized entry of licensed premises. Makes first and second liquor offenses by a minor between the ages of 18 and 21 punishable only by a fine. Authorizes issuance of citation in lieu of arrest, requires disposition of citations for first or second liquor violations by minor in the manner prescribed for traffic infractions. Directs 50% of the fines to the counties. (HB1507 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1507

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INTOXICATING LIQUOR.

 

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

SECTION 1. Section 281-80, Hawaii Revised Statutes, is amended to read as follows:

"§281-80 Arrest[.] or citation. (a) Any enforcement officer who observes any violation by any person of this chapter or of any rule of the liquor commission, may forthwith arrest the person without a warrant. Whenever any violation of this chapter or of the rules of the commission occurs in the presence of any licensee, or any enforcement officer, upon request of the licensee, the enforcement officer may assist the licensee in arresting any patron for violation thereof.

(b) Except when required by state law, including any rule adopted pursuant to this chapter to immediately take a person cited for violation of any provision of this chapter before a district judge, any enforcement officer upon the issuance of a citation for violation of this chapter, or rule adopted thereto, shall issue to the alleged violator a summons or citation printed in the form described in this section, warning the alleged violator to appear and answer to the charge at a certain place and at a time within seven days after such notice.

(c) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of the summons or citation shall be adopted or prescribed by the district courts.

(d) The original of a summons or citation shall be given to the alleged violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution of the original and any other copy.

(e) Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.

(f) Any person who fails to appear at the place and within the time specified in the summons or citation shall be guilty of a misdemeanor.

(g) If any person fails to comply with a summons or citation issued to that person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against that person and secure the issuance of a warrant for the person's arrest.

(h) When a complaint is made to any prosecuting officer of the violation of any provision of this chapter, including any rule adopted hereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the liquor commission whose name has been submitted to the prosecuting officer and who has been designated by the director to administer the same.

(i) For purposes of this section, "enforcement officer" means an investigator or police officer."

SECTION 2. Section 281-101.5, Hawaii Revised Statutes, is amended to read as follows:

"§281-101.5 Prohibitions involving minors; penalty. (a) No adult shall provide or purchase liquor for consumption or use by a person under twenty-one years of age.

(b) No minor shall purchase liquor, and no minor shall have liquor in the minor's possession or custody in any motor vehicle on a public highway or in any public place, public gathering, or public amusement or at any public beach or public park; provided that notwithstanding any other law to the contrary, this subsection shall not apply to:

(1) Possession or custody of liquor by a minor in the course of delivery, pursuant to the direction of the minor's employer lawfully engaged in business necessitating the delivery;

(2) Possession or custody of liquor by a minor in connection with the minor's authorized participation in religious ceremonies requiring the possession or custody; or

(3) Any person between the ages of eighteen and twenty, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health to determine the level of incidence of liquor sales to minors.

(c) No minor shall falsify any identification or use any false identification or identification of another person or of a fictitious person for the purpose of buying or attempting to buy liquor [or], for the purpose of obtaining employment to sell or serve liquor on licensed premises[.], or for the purpose of gaining entry to the premises of a licensee that excludes minors or admits only a person who produces identification to prove the person is age twenty-one or above.

(d) Any person under age eighteen who violates this section shall be subject to the jurisdiction of the family court. Any person age eighteen or older who violates subsection (a) shall be guilty of a misdemeanor. [Any] Except as provided in subsection (e), any person age eighteen to twenty-one who violates subsections (b) or (c) shall be guilty of a petty misdemeanor.

(e) Any person age eighteen to twenty-one who violates subsection (b) or (c) shall be sentenced as follows:

(1) For a first offense, by a fine of not less than $100 and not more than $250;

(2) For an offense that occurs within three years of a prior offense under subsections (b) or (c), by a fine of not less than $250 and not more than $500;

(3) For an offense that occurs within three years of two or more prior offenses under subsection (b) or (c), by:

(A) A fine of not less than $500 and not more than $1,000; and

(B) A term of imprisonment of not less than five days and not more than thirty days.

(f) When an enforcement officer issues a citation for a violation of subsection (b) or (c) and the person is subject to the penalties set forth in subsection (e)(1) or (2), the citation shall be treated as a traffic infraction for purposes of disposition pursuant to chapter 291D.

(g) The director of finance shall distribute fifty per cent of the revenues from violations of subsections (b) and (c) to the county in which the violation occurred."

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 on July 1, 2020.