PART I. GENERAL PROVISIONS

 

§281-1  Definitions.  Whenever used inthis chapter, unless otherwise apparent from the context:

"Addicted to the excessive use ofintoxicating liquor" refers to one who has acquired the habit of usingintoxicating liquor excessively to deprive oneself of reasonable self-control,a common drunkard, or a habitual drunkard.

"Alcohol" means the product ofdistillation of any fermented liquid, whether rectified or not, whatever may bethe origin thereof, and includes synthetic ethyl alcohol, but not denatured orother alcohol which is considered nonpotable under the customs laws of theUnited States.

"Beer" means any beverage obtained bythe alcoholic fermentation of any infusion or decoction of barley or othergrain, malt, and hops in water.

"Club" means any organization forobjects of a social, patriotic, political, or athletic nature, or the like, butnot for pecuniary gain, having a regular membership to all of whom is chargedmonthly or quarterly dues, employing a full-time steward, and from whichorganization no person is entitled to or takes, directly or indirectly, anyshare of the profits thereof.  "Club" also means the establishment sooperated and the premises thereof; provided the word "club" shall notapply to any organization not in existence for at least one year prior to itsapplication for a license.

"Commission" means the liquorcommission for the county within which such commission has jurisdiction underthis chapter.

"Condominium hotel" means anestablishment consisting of one or more buildings that includes:

(1)  Guest rooms that are apartments, as defined insection 514A-3, or units, as defined in section 514B-3, which are used toprovide transient lodging for periods of less than thirty days under a written contractwith the owner of the apartment or unit in the condominium hotel operation;

(2)  Guest rooms that are units, owned or managed bythe condominium hotel operator providing transient lodging for periods of lessthan thirty days, which are offered for adequate pay to transient guests; and

(3)  A suitable and adequate kitchen and dining room,where meals are regularly prepared and served to guests and other customers.

A "condominium hotel" does not include ahotel that may be part of a condominium property regime established underchapter 514A or 514B, that does not have guest rooms that are separateapartments, as defined in section 514A-3, or units, as defined in section514B-3.

"Condominium hotel operator" meansany person who operates a condominium hotel, including but not limited to, acondominium hotel operator registered under section 467-30.

"County" means the county in respectof which each commission has jurisdiction under this chapter; provided that inthe county of Kalawao liquor may be sold only by such persons and only undersuch conditions as may be permitted or prescribed from time to time by thedepartment of health.

"Elected executive head" means themayor of each county or the mayor's duly appointed or elected successor.

"Gross sales" means the totalreceipts actually received from the sale of liquor for which the license hasbeen issued without deduction on account of the cost of property sold orexpenses of any kind.

"Hotel" means an establishmentconsisting of one or more buildings which contain (1) such total number ofrooms as may be prescribed by the commission and in which rooms sleepingaccommodations are provided and offered for adequate pay to transient orpermanent guests; and (2) a suitable and adequate kitchen and dining room,where meals are regularly prepared and served to hotel guests and othercustomers.

"Investigator" means any investigatorof the commission in each case for the county wherein the commission hasjurisdiction.

"License" means any license grantedunder this chapter.

"Licensee" includes also all agents,servants, and employees of the holder of a license.

"Liquor" or "intoxicatingliquor" includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer,ale, porter, and wine; and also includes, in addition to the foregoing, anyspirituous, vinous, malt or fermented liquor, liquids, and compounds, whethermedicated, proprietary, patented, or not, in whatever form and of whateverconstituency and by whatever name called, containing one-half of one per centor more of alcohol by volume, which are fit for use or may be used or readilyconverted for use for beverage purposes.

"Liquor control adjudication board"or "board" means a board established by county charter, within acounty, that shall have the jurisdiction to hear and determine complaints orviolations of liquor laws and to impose penalties as may be provided in thischapter.

"Minibar" means a specified area of ahotel or condominium hotel guest room where a selection of liquors in theiroriginal package are kept for sale or consumption in the hotel or condominiumhotel guest room.

"Minor" means any person below theage of twenty-one years.

"Original package" means a package orcontainer as it existed at the time of its delivery by the manufacturer or thewholesale dealer for convenience in transportation and sale.

"Partner" means a partner in ageneral partnership, limited partnership, or limited liability partnership.

"Person" means and includes naturalpersons, associations, copartnerships, limited liability companies, andcorporations, and also includes any agent, servant, and employee of suchperson.

"Premises" or "licensedpremises" means the building and property that houses the establishmentfor which a license has been or is proposed to be issued; provided that in thecase of class 12 hotel license, "premises" includes the hotelpremises; provided further that in the case of a class 15 condominium hotellicense, "premises" includes apartments, as defined in section 514A-3,or units, as defined in section 514B-3, that are used to provide transientlodging for periods of less than thirty days under a written contract with theowner or owners of each unit in, and common elements for access purposes asestablished by the declaration of condominium property regime of, thecondominium hotel; and provided further that if an establishment is in a retailshopping complex the businesses of which have formed a merchants association,"premises" means the establishment.  As used in this definition,"establishment" means a single physical location where the selling ofliquor takes place.

"Public place" means any publiclyowned property or privately owned property open for public use or to which thepublic is invited for entertainment or business purposes.

"Regulation" means any regulationprescribed by the commission with the approval of the elected executive head ofthe county for carrying out this chapter.

"Restaurant" means a place which isregularly and in a bona fide manner used and kept open for the serving of mealsto patrons for compensation and which has suitable kitchen facilities connectedtherewith, containing the necessary equipment and supplies for cooking anassortment of foods which may be required for ordinary meals.  Additionally, atleast thirty per cent of the establishment's gross revenue must derive from thesale of foods.

"Retail licensee" means any licenseeholding a class 2 or class 4 through class 16 license.

"Sell" or "to sell"includes to solicit and receive an order for; to have or keep or offer orexpose for sale; to deliver for value or in any other way than purelygratuitously; to peddle; to keep with intent to sell; to traffic in; and theword "sale" includes every act of selling as herein defined. Notwithstanding the provisions above, the delivery of liquor by a licensee'svehicle or the vehicle of a licensee's agent shall be deemed delivery forvalue.

"Seller" includes the agents andemployees of a seller; provided that any person shall be deemed to be a seller,who in the State, whether acting as agent or representative of a nonresidentprincipal or otherwise, solicits the placing of or takes, receives, or forwardsorders for liquor to be shipped into the State from any place without the Stateto be delivered to customers, by direct shipment or otherwise.

"Standard bar" means anyestablishment licensed to sell liquor for consumption on the premises, except:

(1)  Premises in which a person performs or entertainsunclothed or in attire restricted to use by entertainers pursuant to commissionregulations; or

(2)  Premises in which live entertainment or recordedmusic is provided.  Facilities for dancing by the patrons may be permitted asprovided by commission rules; or

(3)  Premises in which employees or entertainers consumenonalcoholic beverages while in the company of patrons or sit with patronspursuant to commission rules.

"Under the influence of liquor" meansthat the person concerned has consumed intoxicating liquor sufficient to impairat the particular time under inquiry the person's normal mental faculties orability to care for oneself and guard against casualty, or sufficient tosubstantially impair at the time under inquiry that clearness of intellect andcontrol of oneself which the person would otherwise normally possess.

"Wine" means any wine coming withinthe definition of wine contained in the United States Revenue Act of 1918 (Actof February 24, 1919), and includes sake.

"Written" or "writing"includes printing and typewriting. [L Sp 1933, c 40, §1; RL 1935, §2570; am L1935, c 105, §1; am L 1937, c 211, §2; RL 1945, §7221; am L 1945, c 144, §1; amL 1951, c 223, §1; am L 1955, c 263, §3; RL 1955, §159-1; am L 1957, c 321,§1(a); am L Sp 1959 2d, c 1, §19; am L 1961, c 91, §1; am L 1963, c 172, §2(a),(f); HRS §281-1; am L 1972, c 2, §5; am L 1976, c 87, §1; am L 1980, c 256, §1;gen ch 1985; am L 1986, c 342, §2; am L 1987, c 283, §70; am L 1990, c 171, §1;am L 1991, c 206, §2; am L 1992, c 207, §2; am L 1997, c 57, §1; am L 1998, c90, §1 and c 249, §1; am L 2001, c 257, §2; am L 2007, c 53, §2; am L 2008, c28, §22 and c 168, §1; am L 2009, c 184, §2]

 

Revision Note

 

  Definition of "elected executive head" revised toconform to charter provisions.

 

Cross References

 

  Courses of instruction of university, see §304A-1851.

  Liquor tax law, see chapter 244D.

 

Attorney General Opinions

 

  Definition of "public place" does not require thatthe establishment be open to all members of the public.  Att. Gen. Op. 91-01.