HOUSE OF REPRESENTATIVES

H.B. NO.

1867

TWENTY-SIXTH LEGISLATURE, 2012

 

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

     "§281-    Prohibitions involving persons convicted of crimes involving intoxicating liquor.  (a)  Any person convicted of operating a vehicle under the influence of alcohol under part IV of chapter 291E, section 707-702.5, or 712-1250.5 shall be prohibited from purchasing intoxicating liquor for a period of six months after conviction.

     (b)  Any person who violates this section shall be guilty of a misdemeanor."   

     SECTION 2.  Section 244D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Every person who sells or uses any liquor in the State not taxable under this chapter, in respect of the transaction by which the person or the person's vendor acquired the liquor, shall pay a gallonage tax which is hereby imposed at the following rates for the various liquor categories defined in section 244D-1:

     For the period July 1, 1997, to June 30, 1998, the tax rate shall be:

     (1)  $5.92 per wine gallon on distilled spirits;

     (2)  $2.09 per wine gallon on sparkling wine;

     (3)  $1.36 per wine gallon on still wine;

     (4)  $0.84 per wine gallon on cooler beverages;

     (5)  $0.92 per wine gallon on beer other than draft beer;

     (6)  $0.53 per wine gallon on draft beer;

     [On] For the period July 1, 1998, [and thereafter,] to June 30, 2013, the tax rate shall be:

     (1)  $5.98 per wine gallon on distilled spirits;

     (2)  $2.12 per wine gallon on sparkling wine;

     (3)  $1.38 per wine gallon on still wine;

     (4)  $0.85 per wine gallon on cooler beverages;

     (5)  $0.93 per wine gallon on beer other than draft beer;

     (6)  $0.54 per wine gallon on draft beer;

[and at a proportionate rate for any other quantity so sold or used.]

     For the period July 1, 2013, and thereafter, the tax rate shall be:

     (1)  $7.00 per wine gallon on distilled spirits;

     (2)  $2.54 per wine gallon on sparkling wine;

     (3)  $1.66 per wine gallon on still wine;

     (4)  $1.02 per wine gallon on cooler beverages;

     (5)  $1.12 per wine gallon on beer other than draft beer;

     (6)  $0.65 per wine gallon on draft beer;

and at a proportionate rate for any other quantity so sold or used."

     SECTION 3.  Section 281-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The liquor commission, within its own county, shall have the sole jurisdiction, power, authority, and discretion, subject only to this chapter:

     (1)  To grant, refuse, suspend, and revoke any licenses for the manufacture, importation, and sale of liquors;

     (2)  To take appropriate action against a person who, directly or indirectly, manufactures, sells, or purchases any liquor without being authorized pursuant to this chapter; provided that in counties which have established by charter a liquor control adjudication board, the board shall have the jurisdiction, power, authority, and discretion to hear and determine administrative complaints of the director regarding violations of the liquor laws of the State or of the rules of the liquor commission, and impose penalties for violations thereof as may be provided by law;

     (3)  To control, supervise, and regulate the manufacture, importation, and sale of liquors by investigation, enforcement, and education; provided that any educational program shall be limited to the commission staff, commissioners, liquor control adjudication board members, licensees and their employees and shall be financed through the money collected from the assessment of fines against licensees; provided that fine moneys, not to exceed ten per cent a year of fines accumulated, may be used to fund public liquor related educational or enforcement programs;

     (4)  From time to time to make, amend, and repeal such rules, not inconsistent with this chapter, as in the judgment of the commission seem appropriate for carrying out this chapter and for the efficient administration thereof, and the proper conduct of the business of all licensees, including every matter or thing required to be done or which may be done with the approval or consent or by order or under the direction or supervision of or as prescribed by the commission; which rules, when adopted as provided in chapter 91 shall have the force and effect of law;

     (5)  Subject to chapter 76, to appoint and remove an administrator, who may also be appointed an investigator and who shall be responsible for the operations and activities of the staff.  The administrator may hire and remove hearing officers, investigators, and clerical or other assistants as its business may from time to time require, to prescribe their duties, and fix their compensation; to engage the services of experts and persons engaged in the practice of a profession, if deemed expedient.  Every investigator, within the scope of the investigator's duties, shall have the powers of a police officer;

     (6)  To limit the number of licenses of any class or kind within the county, or the number of licenses of any class or kind to do business in any given locality, when in the judgment of the commission such limitations are in the public interest;

     (7)  To prescribe the nature of the proof to be furnished, the notices to be given, and the conditions to be met or observed in case of the issuance of a duplicate license in place of one alleged to have been lost or destroyed, including a requirement of any indemnity deemed appropriate to the case;

     (8)  To fix the hours between which licensed premises of any class or classes may regularly be open for the transaction of business, which shall be uniform throughout the county as to each class respectively;

     (9)  To prescribe all forms to be used for the purposes of this chapter not otherwise provided for in this chapter, and the character and manner of keeping of books, records, and accounts to be kept by licensees in any matter pertaining to their business;

    (10)  To investigate violations of this chapter, chapter 244D and, notwithstanding any law to the contrary, violations of the applicable department of health's allowable noise levels, through its investigators or otherwise, to include covert operations, and to report violations to the prosecuting officer for prosecution and, where appropriate, the director of taxation to hear and determine complaints against any licensee;

    (11)  To prescribe, by rule, the terms, conditions, and circumstances under which persons or any class of persons may be employed by holders of licenses;

    (12)  To prescribe, by rule, the term of any license or solicitor's and representative's permit authorized by this chapter, the annual or prorated amount, the manner of payment of fees for the licenses and permits, and the amount of filing fees; and

    (13)  To prescribe, by rule, the circumstances and penalty for the unauthorized manufacturing or selling of any liquor[.]; and

    (14)  To prescribe, by rule, educational requirements for license applications and license renewals concerning the adverse effects of alcohol."

     SECTION 4.  Section 281-74, Hawaii Revised Statutes, is amended to read as follows:

     "§281-74  Labels on containers.  All persons manufacturing any liquor for sale under this chapter shall securely and permanently attach to every container thereof, as the same is manufactured, a label stating the name of the manufacturer or, in lieu thereof, if the manufacturer does business under another name, stating such name, and stating the kind and quantity of liquor contained therein.  Every container containing liquor for sale shall indicate on the label that the consumption of liquor may cause death.  The label stating that the consumption of liquor may cause death shall be in red and in a font no smaller than the font indicating the brand.  Every container containing liquor for sale by any person holding a wholesale or retail license shall have securely and permanently attached to it such a label.  In addition to the foregoing requirements, all such labels shall conform in all respects to the then existing federal laws and regulations regarding such labels.

     Before attaching any label containing the name by which the manufacturer does business, in lieu of the manufacturer's name, the manufacturer shall first register such business name under chapter 482.  The manufacturer shall furnish to the liquor commission written confirmation of such registration and such other information as may be deemed necessary or appropriate by the liquor commission to enable it to establish and maintain records to properly identify the manufacturer, its name or names by which it does business and the liquor manufactured.  The records so established and maintained shall be available for public inspection."

     SECTION 5.  Pursuant to section 329-11, Hawaii Revised Statutes, the department of public safety shall specifically find whether ethanol should be added into any of the schedules of controlled substances under chapter 329, Hawaii Revised Statutes.  The department of public safety shall include its findings in its report to the legislature for the regular session of 2013.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Intoxicating Liquor; Education

 

Description:

Prohibits any person convicted of an intoxicating liquor crime from purchasing intoxicating liquor for six months after conviction. Also, requires that a warning of death from liquor consumption label be put on every liquor container. Increases liquor tax and creates mandatory liquor education.  Requires the department of public safety to consider adding ethanol as a controlled substance.

 

 

 

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