Procedure for Obtaining License

HRS div. 1, tit. 16, ch. 281, pt. IV

in effect

HRS §281-51 Prior inspection

281-51. Prior inspection No license shall be issued under this chapter unless and until the liquor commission has caused to be made a thorough inspection of the premises upon which the proposed business is to be conducted and is satisfied as to its fitness and that all other general conditions and proposed methods of operation under the license are such as are suitable for carrying on the business in a reputable way. "In a reputable way" includes among other considerations operating in such a manner that activities within the premises or in such adjacent related outdoor areas such as parking lots or lanais will not create noise in excess of standards contained in state or county noise or vibration codes which intrudes into nearby residential units. [L Sp 1933, c 40, §27; RL 1935, §2596; RL 1945, §7248; RL 1955, §159-50; HRS 281-51; am L 1975, c 55, §2]

HRS §281-52 Public hearing

281-52. Public hearing No license shall be granted except after a public hearing by the liquor commission upon notice as prescribed in this chapter; provided that sections 281-57 to 281-60 shall not apply to the holder of a restaurant general license, a wholesale general license, a retail general license, or a dispenser's general license, who applies for a different kind of license within the class of the holder's existing license, on the same premises, or to the holder of a cabaret license who applies for a dispenser license of any kind, on the same premises, or to the holder of a dispenser's beer and wine license who applies for dispenser's beer license, on the same premises, or to a licensee whose licensed premises have been demolished and replaced by another building on the same premises and who applies for the same or lesser kind of the same class of liquor license previously held by the licensee on said premises. [L Sp 1933, c 40, §28; RL 1935, §2597; am L 1939, c 205, pt of §1; RL 1945, §7249; RL 1955, §159-51; am L 1967, c 62, §1; HRS §281-52; am L 1969, c 197, §1; am L 1972, c 149, §1; gen ch 1985; am L 2008, c 168, §10]

HRS §281-53 Application; penalty for false statements

281-53. Application; penalty for false statements Every application for a license, the renewal of a license, or the transfer of a license shall be in writing, signed, and, except for the renewal of a license, notarized by the applicant, or in the case of a corporation or unincorporated association by the proper officer or officers thereof, or if a partnership by a general partner thereof, or if a limited liability partnership by a partner thereof, or if a member-managed limited liability company by a member thereof, or if a manager-managed limited liability company by a manager thereof, and shall be addressed to the liquor commission, and set forth: (1) The full name, age, and place of residence of the applicant; if a copartnership, the names, ages, and respective places of residence of all the partners; if a limited liability company, its full name and the names of all its members; if a corporation or joint-stock company, its full name and the names of its officers and directors, and the names of all stockholders owning twenty-five per cent or more of the outstanding capital stock; if a publicly-traded company, or an entity ultimately solely owned by a publicly-traded company, the names of the officers designated as the primary decision-makers regarding the purchase and sale of liquor; and if any other association of individuals, the names, ages, and respective places of residence of its officers and the number of its members; (2) A particular description of the place or premises where the proposed license is to be exercised, so that the exact location and extent thereof may be clearly and definitely determined therefrom; (3) The class and kind of license applied for; and (4) Any other matter or information pertinent to the subject matter, which may be required by the rules of the commission. If any false statement is knowingly made in any application that is not verified by oath, the person or persons signing the application shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 281-102. [L Sp 1933, c 40, §29; RL 1935, §2598; am L 1937, c 211, §14; RL 1945, §7250; RL 1955, §159-52; am L 1957, c 321, §1(f); am L 1959, c 100, §1; am L 1967, c 167, §1; HRS §281-53; am L 1972, c 177, §5; am L 1990, c 171, §15; am L 1998, c 90, §4; am L 2008, c 168, §11; am L 2016, c 12, §3; am L 2017, c 184, §4; am L 2022, c 76, §6; am L 2024, c 58, §1]

HRS §281-53.5 County liquor commissions; criminal history record check

281-53.5. County liquor commissions; criminal history record check (a) The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section 846-2.7; provided that neither a criminal history record check nor compliance with this section shall be required for the officers and directors of publicly-traded companies or entities ultimately solely owned by a publicly-traded company, who are not designated as primary decision-makers regarding the sale or purchase of liquor. The criminal history record check, at a minimum, shall require the applicant to disclose whether: (1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and (2) The judgment of conviction has not been vacated. For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include but not be limited to the applicant's name, social security number, date of birth, and gender. This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section. (b) The applicant shall submit to the liquor commission: (1) A statement signed under penalty of law as to whether the applicant has ever been convicted of a crime other than a minor traffic violation; (2) Written consent to request and obtain criminal history record information for verification; and (3) Permission to be fingerprinted. (c) The liquor commission shall obtain criminal history record information through the Hawaii criminal justice data center on the applicant. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to applicable federal laws and regulations currently or hereafter in effect. [L 2003, c 95, §3; am L 2017, c 184, §5]

HRS §281-54 Filing fees with application

281-54. Filing fees with application A filing fee in such amount as shall be established by the respective liquor commission shall be paid with any application for an initial issuance of a license or for a transfer of a license. Where a license is granted, the filing fee deposited with the application shall become part payment of the fee required for such license. Where an application is denied or withdrawn, the filing fee paid shall become a realization of the county. [L 1951, c 223, §1(7); RL 1955, §159-53; am L 1965, c 31, §1(4) and c 181, §1; HRS §281-54; am L 1988, c 383, §5]

HRS §281-55 Reference to investigator

281-55. Reference to investigator Upon the filing of any application the administrator of the liquor commission shall indorse thereon the date of filing thereof. If no patent disqualification of the applicant or certain valid objection to the granting of the application is apparent initially and if all requirements relative to the filing of the application appear to have been complied with, the application shall be referred to the investigator for investigation. [L Sp 1933, c 40, §30; RL 1935, §2599; RL 1945, §7251; RL 1955, §159-54; HRS §281-55; am L 1975, c 55, §3; am L 1990, c 171, §16]

HRS §281-56 Report by investigator

281-56. Report by investigator (a) On every application referred to the investigator under section 281-55, the investigator shall report in writing to the liquor commission and, if the application is for a license of any class other than class 8, class 9, or class 10, such report shall include: (1) A description of the premises intended to become the licensed premises, and the equipment and surrounding conditions, including the relationship to surrounding residences which may share a common boundary or a common structure with the premises proposed for licensing; (2) If the application is made by a person who has held a prior license for the same or any other premises within two years past, a statement as to the manner in which the premises have been operated and the business conducted under the previous license; (3) The locality of any church, chapel, or school, if any, within a distance of five hundred feet from the nearest point of the premises for which the license is asked to the nearest point of the church, chapel, or school grounds; (4) The number, position, and distance from the premises, in respect of which a license is applied for, of any other licensed premises of the same class in the neighborhood; (5) The number of licenses of the same class or kind already issued and being lawfully exercised within the county; (6) Whether or not in the opinion of the investigator the applicant is a fit and proper person to have a license; (7) Whether or not the applicant is for any reason disqualified by this chapter from obtaining or exercising a license; and whether or not the applicant has complied with all the requirements of this chapter relative to the making and filing of the applicant's application; (8) For the next application for a license that was previously denied, refused, or withdrawn, evidence, to be provided by the applicant, of a substantial change in the circumstances that caused the previous denial, refusal, or withdrawal; and (9) Any and all other matters and things, that in the judgment of the investigator pertain to or affect the matter of the application, or the issuance or the exercise of the license applied for; provided that when the license application is for premises within a county with a population of five hundred thousand residents or more, the report shall specify the possible adverse effects the premises, after licensing, may have on the surrounding community. (b) A copy of the report shall be furnished to the applicant not less than forty-eight hours before any hearing is had upon the application. Upon written request, a copy of the report shall be furnished to any requester. (c) The applicant and any protester may challenge findings contained in the investigator's report before or at any hearing on the application. [L Sp 1933, c 40, §31; RL 1935, §2600; am L 1937, c 211, §15; am L 1939, c 205, pt of §1; am L Sp 1941, c 89, §1(c); RL 1945, §7252; am L 1945, c 217, §1; RL 1955, §159-55; HRS §281-56; am L 1971, c 113, §1; am L 1975, c 55, §4; gen ch 1985; am L 1990, c 171, §17; am L 2001, c 257, §5; am L 2002, c 120, §3; am L 2008, c 168, §12]

HRS §281-57 Preliminary hearing; notice of public hearing

281-57. Preliminary hearing; notice of public hearing (a) Upon the filing of the investigator's report upon any application the liquor commission may hold a preliminary hearing and upon such preliminary hearing it may deny the application. A notice of preliminary hearing on a previously denied, refused, or withdrawn application shall be given seven days before the preliminary hearing to any person who submitted a written request for notice. (b) If no preliminary hearing is had or if the application is not denied upon a preliminary hearing, the commission shall fix a day for the public hearing of the application (other than an application for an alcohol license or a license in classes 8 to 10 and 13) and shall give public notice of the hearing at least once in each of two consecutive weeks, in the county, the date of the hearing to be not less than forty-five days after the first notice. The notice shall require that all protests or objections against the issuance of the license applied for shall be filed with the administrator of the commission at or before the time of hearing. Before giving the notice the commission shall collect from the applicant the cost of giving the public notice or require a deposit to cover the same. (c) Immediately upon the commission's fixing a day for the public hearing of the application, the applicant shall mail a notice setting forth the time and place of the hearing on the application to each of the following: (1) Not less than two-thirds of the owners and lessees of record of real estate and owners of record of shares in a cooperative apartment or to those individuals on the list of owners as provided by the managing agent or governing body of the shareholders association situated within a distance of five hundred feet from the nearest point of the premises for which the license is asked to the nearest point of such real estate or cooperative apartment; provided that in meeting this requirement, the applicant shall mail a notice to not less than three-fourths of the owners and lessees of record of real estate and owners of record of shares in a cooperative apartment situated within a distance of one hundred feet from the nearest point of the premises for which the license is asked. Notice by mail may be addressed to the last known address of the person concerned or to the address as shown in the current real property tax record of the person or the person's agent or representative; (2) In counties with a population of five hundred thousand or more, not less than two-thirds of the registered voters residing within, and small businesses situated within, a distance of five hundred feet from the nearest point of the premises for which the license is asked; provided that in meeting this requirement, the applicant shall mail notices to not less than three-fourths of the registered voters residing within, and small businesses situated within, a distance of one hundred feet from the nearest point of the premises for which the license is asked. This paragraph shall not apply to applications for class 2, class 4, class 12, and class 15 licenses. A notice sent pursuant to this paragraph shall be addressed to the "occupant" of the residential unit or small business; and (3) For each condominium project and cooperative apartment within the five hundred-foot area, one notice of the hearing shall be sent by mail addressed "To the Residents, Care of the Manager", followed by the name and address of the condominium or cooperative apartment involved. The notices required under this subsection shall be mailed at least forty-five days prior to the date set for the hearing. No promotional information shall be allowed on, or accompany the notice. Before the hearing, and within seven business days of having mailed the notices, the applicant shall file with the commission an affidavit that the notices have been mailed in compliance with this subsection. In addition to the affidavit (which shall be made available within the same seven-business-day period with proof of having mailed the notices), the applicant shall include both a master list of one hundred per cent of addressees and addresses required by paragraphs (1), (2), and (3), and another mailing list consisting of the portion of addressees and their respective addresses who were mailed the notice purposely needed to meet the requirements of paragraphs (1), (2), and (3). The affidavit, master list, and mailing list shall be made available within seven business days (of the mailing of the notice by the applicant) by the commission for public review upon request. For purposes of this section, "master list" means every owner and lessee who would otherwise be required to receive notice of the public hearing according to the requirement of paragraphs (1), (2), and (3), even if they were not actually included in the two-third or three-fourths requirement (as the case may be) of paragraph (1) or (2), and every condominium project and cooperative apartment qualifying in paragraph (3). When the requirements of this section have not been met, the commission may cancel the hearing or continue the public hearing subject to the provisions of this section. (d) For purposes of this section, notice to one co-owner and one co-lessee of real estate shall be sufficient notice to all co-owners and all co-lessees of that real estate; and one notice is sufficient to an owner or lessee of multiple parcels; except that one notice shall be sent to each individual unit of a cooperative apartment as provided in this section. [L Sp 1933, c 40, §32; RL 1935, §2601; am L 1935, c 105, §11; RL 1945, §7253; RL 1955, §159-56; am L 1965, c 181, §1 and c 258, §1; HRS §281-57; am L 1975, c 55, §5; am L 1979, c 105, §27; am L 1980, c 256, §3; am L 1982, c 39, §1 and c 296, §1; am L 1984, c 123, §1 and c 269, §4; gen ch 1985; am L 1990, c 171, §18; am L 1994, c 227, §1; am L 1998, c 2, §83; am L 2001, c 257, §6; am L 2007, c 53, §6; am L 2008, c 168, §13; am L 2009, c 184, §9]

HRS §281-58 Protests

281-58. Protests Protests against the granting of a license may be filed by any person. Protests against the granting of a license upon such application, which qualifies for an automatic refusal pursuant to section 281-39.5 or 281-59, may be so filed by any registered voter for the area within five hundred feet of the nearest point at which the applicant proposes to establish or continue the applicant's business under the license applied for, or by any owner or lessee of record of real estate or by any owner of record of a share in a cooperative apartment situated within a distance of five hundred feet from the nearest point of the premises for which the license is asked to the nearest point of such real estate or cooperative apartment. [L Sp 1933, c 40, §33; RL 1935, §2602; RL 1945, §7254; RL 1955, §159-57; HRS §281-58; am L 1972, c 177, §6; am L 1984, c 123, §2; gen ch 1985; am L 2008, c 168, §14]

HRS §281-59 Hearing; rehearing

281-59. Hearing; rehearing (a) Upon the day of hearing, or any adjournment thereof, the liquor commission shall consider the application and any protests and objections to the granting thereof, and hear the parties in interest. The liquor commission shall accept all written or oral testimony for or against the application whether the application is denied, refused, or withdrawn. Within ninety days after the hearing, or within one hundred twenty days thereafter if in its discretion the commission extends the ninety days to one hundred twenty days, and gives public notice of same, the commission shall give its decision granting or refusing the application; provided that if a majority of the: (1) Registered voters for the area within five hundred feet of the nearest point of the premises for which the license is asked; or (2) Owners and lessees of record of real estate and owners of record of shares in a cooperative apartment within five hundred feet of the nearest point of the premises for which the license is asked, have duly filed or caused to be filed their protests against the granting of the license, or if there appears any other disqualification under this chapter, the application shall be refused. Otherwise, the commission may in its discretion grant or refuse the same. For purposes of defining "a majority of the owners and lessees of record of real estate and owners of record of shares in a cooperative apartment", each property counts only once; provided that roadways shall not be included. A protest submitted by the majority of the co-owners or the majority of the co-lessees of a property shall constitute a protest by all the owners or lessees of record of that property. A protest filed by owners or lessees who own more than one property shall be counted for each property. (b) The liquor commission shall make available to the applicant and any protester for review before the public hearing, the protest list of those persons who filed a protest or objection to the application; provided that the applicant shall not use the protest list to attempt to influence in any way any protester to withdraw the protest or objection. All applicants and protesters may submit corrections, additions, and subtractions to the master list and the protest list at the public hearing; provided that additions or corrections to the voter registration list shall be certified by the clerk of the county. The liquor commission shall rule on proposed corrections, additions, and subtractions and give reasons for the ruling. (c) The commission may also, with like discretion: (1) Grant a license to one person in preference to another, without reference to any priority in the order of filing of the applications; and (2) Of its own motion, or on the suggestion of any member, or of the investigator take notice of any matter or thing which in the opinion of a majority of its members would be a sufficient objection to the granting of a license; but in such case if the objection is one to which the applicant should be given a reasonable time to answer, a continuance may be granted in the discretion of the commission; provided that in any case where any person affected by such decision petitions the commission for a rehearing of the application and on oath alleges facts and grounds for consideration which were not formerly presented or considered, or any other matter of fact which in the judgment of the commission seems sufficient to warrant a rehearing, such rehearing may be granted by the commission in its discretion upon the publication of notice of rehearing at least seven days before the date of the rehearing. When a rehearing is allowed notice shall be given to the applicant and to the applicant's opponents, by publication or otherwise as the commission shall direct. [L Sp 1933, c 40, §34; RL 1935, §2603; RL 1945, §7255; RL 1955, §159-58; am L 1957, c 321, §1(g); HRS §281-59; am L 1972, c 177, §7; am L 1984, c 123, §3; gen ch 1985; am L 1990, c 171, §19; am L 1995, c 142, §2; am L 2001, c 257, §7; am L 2008, c 168, §15; am L 2009, c 184, §10]

HRS §281-60 Further application

281-60. Further application (a) Except as provided for in section 281-13, if an applicant has at any time been denied or refused a license, no further application from the applicant pertaining to the same premises or building location shall be considered for one year from the denial or refusal. (b) If an application pertaining to a particular premises or building location is denied, refused, or withdrawn, the next application from any applicant for that premises or building location shall include a report prepared by the applicant evidencing a substantial change in the circumstances that caused the previous denial, refusal, or withdrawal. The commission shall deny the application at the preliminary hearing unless the applicant submits evidence of a substantial change in the circumstances that previously caused the denial, refusal, or withdrawal of an application pertaining to that premises or building location. The commission may consider the following factors in deciding whether to grant an application pertaining to a premises or building location for which an application has previously been denied, refused, or withdrawn: (1) Whether a majority of the registered voters residing within five hundred feet of the nearest point of the premises or building location for which the license is asked, or a majority of the owners and lessees of record of real estate and owners of record of shares in a cooperative apartment within five hundred feet of the nearest point of the premises or building location for which the license is asked, no longer oppose the granting of the license; (2) Whether plans for the construction, building design, use, or operation of the proposed establishment have been altered such that they will not conflict with the character of the surrounding area. In evaluating the character of an area for the purposes of this section, the commission may consider the following factors: (A) The usual and existing types of business, residential, and recreational uses and activities within the area; (B) The proximity of residential areas; (C) The population density of the area; (D) The typical or ambient noise levels of the area; (E) The motor vehicle traffic volume, congestion, and noise; and (F) Any other factors that the commission finds relevant; (3) Whether the neighborhood board for the area where the premises is located has rendered a decision on the granting of the license; (4) Whether the applicant is a fit and proper person to have a license; and (5) Any other considerations deemed by the commission to affect the matter of the application, the issuance, or the exercise of the license applied for. [L Sp 1933, c 40, §35; RL 1935, §2604; RL 1945, §7256; am L 1951, c 223, §1(8); RL 1955, §159-59; HRS §281-60; gen ch 1985; am L 1986, c 67, §1; am L 1990, c 171, §20; am L 1996, c 62, §2; am L 2001, c 257, §8]

HRS §281-61 Renewals

281-61. Renewals (a) Other than for good cause, the renewal of an existing license shall be granted upon the filing of an application; provided that if: (1) Complaints from the public; (2) Reports from the commission's investigators; or (3) Adjudications of the commission or the liquor control adjudication board, indicate that noise created by patrons departing from the premises disturbs residents on the street or of the neighborhood in which the premises are located, or that noise from the premises or adjacent related outdoor areas such as parking lots or lanais exceed standards contained in state or county noise codes or intrudes into nearby residential units, the commission may deny the renewal application or withhold the issuance of a renewed license until corrective measures meeting the commission's approval are taken. (b) The commission or board, pursuant to section 281-17, at the time of renewal or at any time, may revoke, suspend, or place conditions or restrictions on any license issued under this chapter for the purpose of preventing activities within the licensed premises or adjacent areas that are potentially injurious to the health, safety, and welfare of the public and neighborhood including but not limited to criminal activity, including assault, drug dealing, drug use, or prostitution, upon proper notice to the licensee, and a hearing before the commission pursuant to chapter 91. (c) The commission or board shall deny renewal of a class 2, class 4, class 5, class 6, class 11, class 12, class 13, class 14, class 15, class 17, or class 18 license if the applicant for renewal fails to present proof of the liquor liability insurance required by section 281-31(s). [L Sp 1933, c 40, §36; RL 1935, §2605; am L 1935, c 105, §12; am L 1937, c 211, §16; am L 1939, c 205, pt of §1; am L Sp 1941, c 89, §1(c); RL 1945, §7257; RL 1955, §159-60; HRS §281-61; am L 1975, c 55, §6; am L 1987, c 256, §1; am L 1990, c 171, §21; am L 1995, c 192, §1; am L 1999, c 39, §1; am L 2008, c 168, §16; am L 2009, c 177, §3; am L 2010, c 198, §4; am L 2014, c 211, §6]

HRS §281-62 Reduction or increase in area of licensed premises

281-62. Reduction or increase in area of licensed premises The liquor commission may, in its discretion, permit the reduction or the increase in the area of the licensed premises of any licensee without publication of notice at a public hearing; provided that, where an increase in premises may significantly impact the public, the commission may require hearings pursuant to sections 281-39.5 and 281-57 to 281-60. Whenever any reduction or increase is permitted, the same shall be endorsed in some appropriate manner upon the license. [L 1937, c 211, §17; am L 1939, c 205, pt of §1; RL 1945, §7258; RL 1955, §159-61; HRS §281-62; am L 2008, c 168, §17]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0281/HRS_0281-.htmFetched: 11/10/2026