Manufacturers and wholesale dealers, special restrictions
HRS §281-42
in effect281-42. Manufacturers and wholesale dealers, special restrictions
(a) It shall be unlawful for any person holding a manufacturer's license or a wholesale dealer's license to induce the purchases of a retail licensee by:
(1) Acquiring or holding any interest in any license
of a retail licensee;
(2) Acquiring any interest in the real or personal
property owned, occupied, or used by a retail licensee in the conduct of its
business, unless the holding of the interest is permitted under the regulations
of the liquor commission or a statement thereof has been filed with the
commission and has not been disapproved by the commission;
(3) Furnishing, giving, renting, lending, or selling
to a retail licensee any equipment, fixtures, signs, supplies, money, services,
or other thing of value, subject to the exceptions contained in subpart D of
the "tied house" regulations of the Bureau of Alcohol, Tobacco and
Firearms of the United States Treasury Department, [title] 27 Code of Federal
Regulations part 6 (1988), as may be amended;
(4) Paying or crediting a retail licensee for any
advertising, display, or distribution service, whether or not the advertising,
display, or distribution service received is commensurate with the amount paid
by the retail licensee; provided that this paragraph shall not prohibit
representatives of manufacturers and wholesalers from creating and maintaining
displays and point of purchase sales materials, or from stocking shelves and
cold boxes;
(5) Guaranteeing any loan or the repayment of any
financial obligation of a retail licensee;
(6) Extending credit to the retail licensee for a
period of time in excess of thirty days from the date of invoice;
(7) Requiring a retail licensee to take and dispose
of any quota of liquor; or
(8) Requiring a retail licensee to purchase one
product in order to purchase another product. This includes combination sales
if one or more products may be purchased only in combination with other
products and not individually; provided that a manufacturer or wholesale dealer
shall not be prohibited from selling at a special combination price, two or
more kinds or brands of products to a retail licensee if:
(A) The retail licensee has an option of
purchasing either product at the usual price; and
(B) The retail licensee is not required to
purchase any product it does not want.
(b) It shall be unlawful for any person
holding a manufacturer's or wholesale dealer's license:
(1) To sell any liquor at wholesale prices without
invoicing the vendee's license number, except where the vendee, although
authorized to resell, is not required by law to hold a license, in which case
the invoice shall fully indicate the vendee's identity; or
(2) To sell any liquor, except for cash or by
receiving payment in advance of delivery, to any retail licensee who has not
paid in full for all previous purchases of liquor from such manufacturer or
wholesaler by the expiration of the thirtieth day from the date of the invoice
for such liquor.
(c) In construing subsection (a), the courts
and the liquor commission shall follow the rules, regulations, and decisions of
the Bureau of Alcohol, Tobacco and Firearms of the United States Treasury
Department and the federal courts in interpreting section 5(b) of the Federal
Alcohol Administration Act, as the same may be changed from time to time. [L Sp
1933, c 40, §24; RL 1935, §2593; am L 1937, c 211, §12; am L 1939, c 205, pt of
§1; RL 1945, §7245; am L 1949, c 301, §1(d); am L 1951, c 223, §1(5); RL 1955,
§159-42; HRS §281-42; am L 1971, c 175, §1; gen ch 1985; am L 1990, c 171, §13;
am L 2020, c 70, §25]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0281/HRS_0281-0042.htmFetched: 11/10/2026