Liquor Commissions

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

in effect

HRS §281-11 County liquor commissions and liquor control adjudication boards; qualifications; compensation

281-11. County liquor commissions and liquor control adjudication boards; qualifications; compensation (a) A liquor commission or liquor control adjudication board, consisting of not less than five members, no more than the minimum required for a quorum of whom shall belong to the same political party at the time of appointment, may be created for each of the counties. The elected executive head of each county may nominate, and by and with the advice and consent of the legislative body of the county, shall appoint the members of the commissions and boards. The elected executive head of each county, by and with the advice and consent of the legislative body of the county, may remove from office any of the members. The commission or board shall designate one of its members as chairperson. Each member shall be a citizen of the United States and shall have resided in the county for which appointed for at least three years immediately preceding the date of the member's appointment. (b) Upon the expiration of the term of each commissioner or board member, the commissioner's or board member's successor shall be appointed for a term to expire five years from the date of the expiration of the preceding term. The tenure in office of every commissioner or board member shall be for the terms provided and until their successors are duly appointed and qualified. Any vacancy shall be filled by appointment for the remainder of the unexpired term. No person shall be a member of any commission or board who is or becomes engaged, or is directly or indirectly interested in any business for the manufacture or sale of liquor or who advocates or is or becomes a member of, or is identified or connected with, any organization or association which advocates prohibition, or who is an elected officer of the state or county government or who presents oneself as a candidate for election to any public office during the term of the person's appointment hereunder. This provision shall be enforced by the elected executive head of the county by the removal of the disqualified member whenever such disqualifications shall appear. (c) The amount of compensation and reasonable expenses for travel and other costs necessarily incident to the discharge of the members' duties shall be established by each county. [L Sp 1933, c 40, §3; RL 1935, §2572; am L 1935, c 105, §3; am L 1937, c 211, §4; am L Sp 1941, c 79, §§1, 2; RL 1945, §7223; RL 1955, §159-10; am L 1963, c 172, §2(b); am L 1967, c 127, §1; HRS §281-11; gen ch 1985; am L 1988, c 383, §2; gen ch 1992; am L 1998, c 249, §2; am L 2006, c 48, §5]

HRS §281-11.5 Liquor commission and board attorney

281-11.5. Liquor commission and board attorney The liquor commission or liquor control adjudication board may hire attorneys to assist it in carrying out its administrative functions under this chapter. The assistance may include providing legal advice and prosecuting and defending legal claims under this chapter or arising in connection with this chapter. [L 1988, c 383, §1; am L 1990, c 171, §3; am L 1998, c 249, §3]

HRS §281-12 Commission and board office

281-12. Commission and board office The council of each county shall furnish the liquor commission and the liquor control adjudication board of the county suitable quarters for its meetings, the transaction of its business, and the keeping of its records. The office of the commission and board shall at all times be open for the transaction of its business during its prescribed business hours. [L Sp 1933, c 40, §4; RL 1935, §2573; RL 1945, §7224; RL 1955, §159-11; HRS §281-12; am L 1998, c 249, §4]

HRS §281-13 Meetings

281-13. Meetings Meetings of the liquor commission or the liquor control adjudication board may be held at any time and as often from time to time as the commission or board deems necessary for the proper transaction of its business, upon call of the chairperson or by any other two members of the commission or board. The administrator shall give notice of the meetings as the commission or board may prescribe to the several members, and give any other notice thereof directed by the commission or board. A majority of all the members of the commission or board shall constitute a quorum for the transaction of business, but the affirmative vote of a majority of all of the members shall be necessary to determine any matter before it. [L Sp 1933, c 40, §5; RL 1935, §2574; RL 1945, §7225; am L 1951, c 223, §1(3); RL 1955, §159-12; HRS §281-13; am L 1990, c 171, §4; gen ch 1992; am L 1998, c 249, §5]

HRS §281-14 Records

281-14. Records The liquor commission and liquor control adjudication board shall ensure that complete records are kept of all commission and board meetings, proceedings, and acts with reference to all business pertaining to licenses issued, suspended, and revoked, moneys received as license fees and otherwise, and disbursements by the commission or board or under its authority. Unless otherwise prohibited by law, these records shall be open for examination by the public. The records may be destroyed as provided in section 46-43. [L Sp 1933, c 40, §6; RL 1935, §2575; am L Sp 1941, c 89, §1(a); RL 1945, §7226; RL 1955, §159-13; HRS §281-14; am L 1976, c 55, §1; am L 1990, c 171, §5; am L 1998, c 249, §6]

HRS §281-15 Reports, accounts, audit

281-15. Reports, accounts, audit On or before September 30 of each year the chairperson of the liquor commission shall submit to the elected executive head of the county a full report upon the business and operations of the commission during the preceding year, which year shall be coterminous with the fiscal year of the county, with such other matters of information and comment as the elected executive head may deem appropriate. The elected executive head shall furnish copies thereof to the legislative body of the county and to the fiscal officer of the county. The accounts of the commissions for the several counties shall be regularly examined by the fiscal officer who shall report thereon in writing to the legislative body of the several counties. [L Sp 1933, c 40, §7; RL 1935, §2576; RL 1945, §7227; RL 1955, §159-14; am L 1963, c 172, §2(c); am L 1967, c 171, §1; HRS §281-15; gen ch 1993]

HRS §281-16 County liquor commission and liquor control adjudication board funds; disposition of realization; payment of expenses

281-16. County liquor commission and liquor control adjudication board funds; disposition of realization; payment of expenses All fees and other moneys collected or received by each liquor commission or liquor control adjudication board under this chapter shall be paid not less than weekly into the general fund of the respective county or a special fund as provided by ordinance. All expenses of the commission or board, including any expenses and compensation of its members and expenses and salaries of its subordinates, shall be paid in the manner provided by ordinance. [L Sp 1933, c 40, §19; RL 1935, §2588; am L 1937, c 211, §11; RL 1945, §7240; RL 1955, §159-15; am L 1959, c 265, §9(d); am L 1963, c 78, §1 and c 172, §2(d); HRS §281-16; am L 1981, c 108, §1; am L 1998, c 249, §7]

HRS §281-17 Jurisdiction and powers

281-17. Jurisdiction and powers (a) The liquor commission, within its own county, shall have the jurisdiction, power, authority, and discretion, subject only to this chapter: (1) To grant, refuse, suspend, and revoke any license 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 that 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, and 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 rules, not inconsistent with this chapter, as in the judgment of the commission are deemed 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, by order, 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, prescribe their duties and fix their compensation, and 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 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 where appropriate. Investigations of violations of chapter 244D shall be referred to 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; (13) To prescribe, by rule, regulations on dancing in licensed premises; and (14) To prescribe, by rule, the circumstances and penalty for the unauthorized manufacturing or selling of any liquor. (b) Subject only to this chapter, the commission or board and each member thereof shall have the same powers respecting the administering of oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining the witnesses as are possessed by a circuit court, except that the commission or board and each member thereof shall not be bound by the strict legal rules of evidence. In addition, the commission or board shall have the power to require the production of, and to examine any books, papers, and records of any licensee which may pertain to the licensee's business under the license or which may pertain to a matter at a hearing before the commission or board or to an investigation by the commission or board. The exercise by the commission or board of the power, authority, and discretion vested in it pursuant to this chapter shall be final and shall not be reviewable by or appealable to any court or tribunal, except as otherwise provided in this chapter or chapter 91. [L Sp 1933, c 40, §8; RL 1935, §2577; am L 1935, c 105, §§4, 5; am L 1937, c 211, §5; am L Sp 1941, c 41, §2; RL 1945, §7228; RL 1955, §159-16; am L 1961, c 92, §1; am L 1963, c 172, §2(e); am L 1965, c 31, §1(3) and c 96, §96; HRS §281-17; am L 1969, c 225, §1(a), (b); am L 1973, c 31, §21; am L 1985, c 109, §1; am L 1986, c 344, §13; am L 1987, c 223, §1; am L 1990, c 171, §6; am L 1998, c 249, §8; am L 2000, c 253, §150; am L 2002, c 111, §3; am L 2003, c 3, §8 and c 69, §4; am L 2009, c 184, §4; am L 2012, c 297, §§2, 4; am L 2015, c 136, §1; am L 2022, c 76, §4]

HRS §281-17.5 Fees; justified, method of change, limitation

281-17.5. Fees; justified, method of change, limitation (a) Any liquor license fee or any increase in an existing liquor license fee sought to be implemented by any commission shall have, as its justification, a direct and proportionate relationship to costs and expenses of the commission in its control, supervision, or regulation of the manufacture, importation, and sale of liquors, or otherwise directly relate to actual costs and expenses of administration of the commission as is set forth in this chapter. (b) Any such liquor license fees or any moneys collected or received by any liquor commission under this chapter may only be used for costs and expenses directly relating to operational and administrative costs actually incurred by the liquor commission collecting or receiving such liquor license fees or moneys. Such fees or moneys shall not be used for any costs or expenses other than those directly relating to its operation and administration, except as otherwise provided by law. (c) Any increase in the liquor license fee structure shall only be initiated by the liquor commission seeking the change with the approval of the county's legislative body and mayor. (d) Any liquor commission seeking a change in liquor license fee structure shall notify all licensees under this chapter affected by the change of the proposed change and shall notify each such licensee of the outcome and resolution of the change. (e) Any liquor commission which currently receives a license fee from a licensee in excess of the amount prescribed by this section shall immediately revise its liquor license fee structure to conform with the requirements of this section. Any funds in excess of twenty per cent of the commission's current budget shall be returned or credited annually to existing licensees. [L 1980, c 304, §2; am L 1987, c 252, §2; am L 1996, c 96, §1; am L 1997, c 5, §1; am L 2008, c 168, §3]

HRS §281-19 Hearings, attendance, examinations

281-19. Hearings, attendance, examinations If any person subpoenaed as a witness to attend before the liquor commission or liquor control adjudication board, or to produce any books, papers, or records called for by the process of the commission or board, fails or refuses to respond thereto, or refuses to answer questions propounded by any member of the commission or board or its counsel material to the matter pending before the commission or board, the circuit court of the circuit within which the licensed premises involved are situated, upon request of the commission or board, shall have power to compel obedience to any process of the commission or board and require the witness to answer questions put to the witness, and to punish, as a contempt of the court, any refusal to comply therewith without good cause shown therefor. False swearing by any witness before the commission or board, shall constitute perjury and be punished as such, and whenever the commission or board is satisfied that a witness has sworn falsely in any hearing or investigation before the commission or board, it shall report the same to the prosecuting officer for prosecution. [L Sp 1933, c 40, §9; RL 1935, §2578; RL 1945, §7229; RL 1955, §159-18; HRS §281-19; gen ch 1985; am L 1998, c 249, §9]

HRS §281-20 General right of inspection

281-20. General right of inspection Any investigator may, at all times, without notice and without any search warrant or other legal process, visit and have immediate access to every part of the premises of every licensee for the purpose of making any examination or inspection thereof or inquiry into the books and records therein, to ascertain whether all of the conditions of the license and all provisions of this chapter are being complied with by the licensee. [L Sp 1933, c 40, §10; RL 1935, §2579; RL 1945, §7230; RL 1955, §159-19; HRS §281-20; am L 1986, c 344, §14; am L 1990, c 171, §7; am L 2022, c 76, §5]

HRS §281-21 Service of subpoenas by investigators, police

281-21. Service of subpoenas by investigators, police officers, or other law enforcement officers; witnesses' fees. [(a)] Any investigator, police officer, or other law enforcement officer may serve any subpoena issued by the liquor commission, liquor control adjudication board, or administrator. [(b)] Every witness attending or testifying at any hearing of the commission or board in response to a subpoena issued by it or the administrator shall be paid as provided for in section 621-7. If a witness is subpoenaed by direction of the commission, board, or administrator, the witness' fees shall be paid out of any funds which may be set aside for the expenses of the commission or board and, if the witness is subpoenaed on behalf of any interested party, the witness' fees shall be paid by that party. [L 1941, c 105, §1; RL 1945, §7231; RL 1955, §159-20; am L 1967, c 104, §1; HRS §281-21; gen ch 1985; am L 1990, c 171, §8; am L 1998, c 249, §10; am L 2008, c 168, §4]

HRS §281-22 Political activities of commission employees

281-22. Political activities of commission employees (a) A commission employee may support, advocate, or aid in the election or defeat of any candidate for public office, or run for public office; provided the employee: (1) Notifies the commission in writing of the employee's intent to support, advocate, or aid in the election or defeat of a candidate for public office; and (2) If a candidate for public office, takes a leave of absence in accordance with section 78-23 for a period beginning prior to the initiation of political activities related to the candidacy and ending the day following the general election for the office. (b) Notwithstanding chapter 11 or any other law to the contrary, no commission employee shall solicit or receive contributions, or receive or transfer money or anything of value from a licensee for the purpose of supporting, advocating, or aiding in the election or defeat of a candidate for public office. Violation of this subsection shall be: (1) Punishable by summary dismissal of the employee; and (2) Subject to fines in accordance with section 11-410. [L 2002, c 111, §1; am L 2009, c 184, §5; am L 2010, c 211, §6]

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