Duties of and Supervision over Licensee

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

in effect

HRS §281-71 Posting of license

281-71. Posting of license Every license issued and in effect under this chapter shall at all times be conspicuously posted and exposed to view, convenient for inspection, on the licensed premises. For failure thereof the license may be suspended or revoked by the liquor commission or liquor control adjudication board. [L Sp 1933, c 40, §37; RL 1935, §2606; RL 1945, §7259; RL 1955, §159-70; HRS §281-71; am L 1998, c 249, §11]

HRS §281-72 Condition of premises

281-72. Condition of premises All premises licensed or proposed to be licensed shall be constructed, arranged, furnished, equipped, maintained, and operated in such manner as may be prescribed by the liquor commission. [L Sp 1933, c 40, §38; RL 1935, §2607; RL 1945, §7260; RL 1955, §159-71; HRS §281-72]

HRS §281-73 Quality of liquor; penalty

281-73. Quality of liquor; penalty No liquor at any time manufactured or sold in the State shall be other than of a pure quality, according to any applicable legal standard therefor under the laws of the United States, unadulterated with any mixture of noxious, deleterious, or poisonous substance. Any person who manufactures or sells any liquor of a quality or character contrary to this section, shall be guilty of a misdemeanor and upon conviction shall be punished as in section 281-102 provided. [L Sp 1933, c 40, §39; RL 1935, §2608; RL 1945, §7261; RL 1955, §159-72; HRS §281-73]

HRS §281-74 Labels on containers

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 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. [L Sp 1933, c 40, §40; RL 1935, §2609; am L 1937, c 211, §18; RL 1945, §7262; RL 1955, §159-73; am L 1965, c 94, §1; HRS §281-74; gen ch 1985]

HRS §281-75 Analyses

281-75. Analyses Whenever the liquor commission or investigator thereof has reason to believe or suspect, on complaint or otherwise, that any liquor being manufactured or which is possessed or kept for sale by any licensee is or may be impure or adulterated or otherwise not conformable to any lawful requirement, the commission or investigator thereof or other person authorized in writing by the commission or by the investigator may secure a sample thereof for analysis. Upon such sample being obtained, as though by ostensible purchase or otherwise, the person procuring the same shall immediately disclose to the licensee the person's office or authority and purpose, and in case the procurer is a person other than the commission or the investigator the procurer shall then deliver to the licensee a copy of the written order for the procurement of the sample. The bottle or other container containing the sample shall then and there be sealed by the procurer thereof before being taken from the premises of the licensee and the licensee may also attach the licensee's seal thereto. The investigator shall cause the sample so obtained to be immediately delivered with the seal or seals unbroken to the state department of health or some competent analyst employed by the commission who shall make an analysis of the liquor and shall send a certified report thereof to the investigator, who shall immediately file the same with the commission's administrator. If the sample analyzed is found pure and unadulterated and conformable with all legal requirements for such liquor, the certificate referred to in the preceding paragraph shall so state, and the commission shall pay to the licensee a sum equal to the value of the sample, and if requested by the licensee the administrator shall furnish the licensee a copy of the analysis. If the certificate of analysis shows the sample to be impure or adulterated or contrary to any legal requirement the licensee shall be prosecuted for selling, or offering for sale, or furnishing forbidden liquor in violation of this chapter. [L Sp 1933, c 40, §41; RL 1935, §2610; RL 1945, §7263; RL 1955, §159-74; am L Sp 1959 2d, c 1, §19; HRS §281-75; gen ch 1985; am L 1990, c 171, §22]

HRS §281-76 Tampering with samples; penalty

281-76. Tampering with samples; penalty Any person who tampers with any sample of liquor taken for analysis under this chapter shall be fined not more than $2,000 or imprisoned not more than one year, or both. [L Sp 1933, c 40, §42; RL 1935, §2611; RL 1945, §7264; RL 1955, §159-75; HRS §281-76; am L 1990, c 171, §23]

HRS §281-77 Refusal of samples; penalty

281-77. Refusal of samples; penalty Any licensee who refuses to deliver or accede to the taking of any sample of liquor for analysis upon disclosure of the procurer's authority as provided by section 281-75 shall be fined not more than $2,000. [L Sp 1933, c 40, §43; RL 1935, §2612; RL 1945, §7265; RL 1955, §159-76; HRS §281-77; am L 1990, c 171, §24]

HRS §281-78 Prohibitions

281-78. Prohibitions (a) No person shall: (1) Consume any liquor on any public highway, except as permitted in section 291-3.4; (2) Consume any liquor on any public sidewalk, including any sidewalk within a public housing project; (3) Consume any liquor on any common area of a public housing project; or (4) Possess or keep, while on any sidewalk or common area within a public housing project, any bottle, can, or other receptacle containing any intoxicating liquor that has been opened, that has a broken seal, or the contents of which have been partially removed. For purposes of this subsection: "Common area" means roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project normally in common use or other areas designated by the Hawaii public housing authority. "Public housing project" means any state or federal public housing project as defined in section 356D-1 or 356D-91 or a state low-income housing project as defined in section 356D-51. (b) At no time under any circumstances shall any licensee or its employee: (1) Sell, serve, or furnish any liquor to, or allow the consumption of any liquor by: (A) Any minor; (B) Any person at the time under the influence of liquor; (C) Any person known to the licensee to be addicted to the excessive use of intoxicating liquor; or (D) Any person for consumption in any vehicle that is licensed to travel on public highways; provided that the consumption or sale of liquor to a minor shall not be deemed to be a violation of this subsection if, in making the sale or allowing the consumption of any liquor by a minor, the licensee was misled by the appearance of the minor and the attending circumstances into honestly believing that the minor was of legal age and the licensee acted in good faith; provided further that it shall be incumbent upon the licensee to prove that the licensee so acted in good faith; (2) Permit any liquor to be consumed on the premises of the licensee or on any premises connected therewith, whether there purchased or not, except as permitted by the terms of its license; (3) Permit any liquor to be sold or served by any person eighteen to twenty years of age except in licensed establishments where selling or serving the intoxicating liquor is part of the minor's employment, and where there is proper supervision of these minor employees to ensure that the minors shall not consume the intoxicating liquor; (4) Permit any liquor to be sold or served by any person below the age of eighteen years upon any licensed premises, except in individually specified licensed establishments found to be otherwise suitable by the liquor commission in which an approved program of job training and employment for dining room waiters and waitresses is being conducted in cooperation with the University of Hawaii, the state community college system, or a federally sponsored personnel development and training program, under arrangements that ensure proper control and supervision of employees; (5) Knowingly permit any person under the influence of liquor or disorderly person to be or remain in or on the licensed premises; (6) Fail to timely prevent or suppress any violent, quarrelsome, disorderly, lewd, immoral, or unlawful conduct of any person on the premises; or (7) Receive from a person, as payment or as a consideration for liquor, any personal or household goods, including clothing and food, or any implements of trade. Any person violating this paragraph shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 281-102. [L Sp 1933, c 40, §48; RL 1935, §2617; am L 1935, c 105, §§13, 14, 15; am L 1937, c 211, §19; am L Sp 1941, c 89, §1(d); RL 1945, §7266; am L 1951, c 223, §1(9); RL 1955, §159-77; am L 1957, c 274, §1; am L 1967, c 184, §1; HRS §281-78; am L 1969, c 228, §1; am L 1976, c 3, §1; gen ch 1985; am L 1986, c 342, §3; am L 1987, c 283, §70; am L 1988, c 350, §1 and c 383, §6; am L 1990, c 171, §25; am L 1991, c 206, §2; am L 1992, c 207, §2; am L 1996, c 101, §1; am L 2008, c 34, §1; am L 2012, c 88, §2; am L 2013, c 150, §1; am L 2019, c 226, §2]

HRS §281-78.5 Practices to promote excessive consumption of liquor; prohibited

281-78.5. Practices to promote excessive consumption of liquor; prohibited (a) No person licensed to sell liquor for consumption on the premises shall engage in practices which promote excessive consumption of liquor. (b) The liquor commission shall adopt rules pursuant to chapter 91 to prohibit specific liquor promotion practices which promote excessive consumption of liquor; provided that any rules adopted by the counties related to the stacking of liquor shall specify that: (1) Stacking of beer shall be defined based on a standard serving size of total volume; and (2) A standard serving size of beer shall be defined as not exceeding a total volume of thirty-two ounces before a customer at any one time. (c) Any person who violates this section or any rule adopted by the commission pursuant to this chapter shall be guilty of a violation for each separate offense. Each date of violation shall constitute a separate offense. [L 1987, c 137, §1; am L 2019, c 226, §3]

HRS §281-79 Entry for examination; obstructing liquor commission operations; penalty

281-79. Entry for examination; obstructing liquor commission operations; penalty Every investigator shall, and any officer having police power may, at all reasonable times, and at any time whatsoever if there is any reasonable ground for suspicion that the conditions of any license are being violated, without warrant enter into and upon any licensed premises and inspect the same and every part thereof, and any books or records therein, to ascertain whether or not all conditions of the license and all provisions of this chapter are being complied with by the licensee. If any investigator or officer, or any person called by the investigator or officer to the investigator's or officer's aid, is threatened with the use of violence, force, or physical interference or obstacle, or is hindered, obstructed, or prevented by any licensee, the licensee's employees, or any other person from entering into the premises, or whenever any investigator or officer is by any licensee, the licensee's employees, or any other person opposed, obstructed, or molested in the performance of the officer's duty in any respect, the licensee, the licensee's employee, or any other person shall be fined not more than $2,000 or imprisoned not more than one year, or both. Whenever any investigator or officer, having demanded admittance into any licensed premises and declared the investigator's or officer's name and office, is not admitted by the licensee or the person in charge of the premises, it shall be lawful for the investigator or officer to forcibly and in any manner to break into and enter the premises. [L Sp 1933, c 40, §49; RL 1935, §2618; RL 1945, §7267; RL 1955, §159-78; HRS §281-79; gen ch 1985; am L 1986, c 344, §15; am L 1990, c 171, §26; am L 2022, c 76, §8]

HRS §281-80 Arrest

281-80. Arrest Any investigator or police officer who observes any violation by any person of this chapter or of any rule or regulation of the liquor commission, may forthwith arrest the person without a warrant. Whenever any violation of this chapter or of the regulations of the commission occurs in the presence of any licensee, or any investigator or police officer, upon request of the licensee the police officer or investigator may assist the licensee in arresting any patron for violation thereof. [L Sp 1933, c 40, §50; RL 1935, §2619; am L 1939, c 205, pt of §1; RL 1945, §7268; RL 1955, §159-79; HRS §281-80; am L 1990, c 171, §27]

HRS §281-82 No action for debt

281-82. No action for debt No person except a licensed manufacturer or licensed wholesale or retail dealer or his heirs, personal representatives, trustees, or assigns with respect to sales regularly made under his license shall recover by any process of law any debt or demand on account of the sale on credit of any liquor, nor on any note or like obligation given in payment for liquor. [L Sp 1933, c 40, §52; RL 1935, §2621; RL 1945, §7270; RL 1955, §159-81; HRS §281-82; am L 1976, c 200, pt of §1]

HRS §281-84 Exclusion of intoxicated person from premises; penalty

281-84. Exclusion of intoxicated person from premises; penalty Every person who, being under the influence of liquor, enters any premises licensed for the sale of liquor, or being under the influence of liquor there remains after having been requested by the licensee or any person in the licensee's employ to leave the premises, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as in section 281-102 provided. [L Sp 1933, c 40, §53; RL 1935, §2622; RL 1945, §7272; RL 1955, §159-83; HRS §281-84; gen ch 1985]

HRS §281-85 Prize, gift, premium, and other inducement

281-85. Prize, gift, premium, and other inducement (a) Unless otherwise provided by this chapter, it shall be unlawful for any person to offer or to provide any intoxicating liquor as a prize or inducement at any public amusement, public gathering or place open to the public. (b) It shall be unlawful for any person acting as agent or representative of a nonresident principal or for any licensee directly or indirectly, or through any subsidiary or affiliate, to give any premium or free goods of intoxicating liquor or other merchandise in connection with the sale of any intoxicating liquor; or to offer or to provide any premium or free goods of intoxicating liquor in connection with the sale of other merchandise. (c) No retail dealer and no licensee who is authorized to sell liquor for consumption on the licensee's premises shall solicit or accept, either directly or indirectly, a premium or free goods of any nature in connection with the retail dealer's or licensee's purchase of liquor from a manufacturer or wholesale dealer. [L 1937, c 211, §20; RL 1945, §7274; am L 1951, c 223, §1(11); RL 1955, §159-84; HRS §281-85; am L 1971, c 122, §1; gen ch 1985; am L 1990, c 171, §28; am L 2009, c 184, §11]

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