PART I. 
GENERAL PROVISIONS



 



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



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



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



"Beer" means any beverage obtained by
the alcoholic fermentation of any infusion or decoction of barley or other
grain, malt, and hops in water.



"Club" means any organization for
objects of a social, patriotic, political, or athletic nature, or the like, but
not for pecuniary gain, having a regular membership to all of whom is charged
monthly or quarterly dues, employing a full-time steward, and from which
organization no person is entitled to or takes, directly or indirectly, any
share of the profits thereof.  "Club" also means the establishment so
operated and the premises thereof; provided the word "club" shall not
apply to any organization not in existence for at least one year prior to its
application for a license.



"Commission" means the liquor
commission for the county within which such commission has jurisdiction under
this chapter.



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



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



(2)  Guest rooms that are units, owned or managed by
the condominium hotel operator providing transient lodging for periods of less
than 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 a
hotel that may be part of a condominium property regime established under
chapter 514A or 514B, that does not have guest rooms that are separate
apartments, as defined in section 514A-3, or units, as defined in section
514B-3.



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



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



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



"Gross sales" means the total
receipts actually received from the sale of liquor for which the license has
been issued without deduction on account of the cost of property sold or
expenses of any kind.



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



"Investigator" means any investigator
of the commission in each case for the county wherein the commission has
jurisdiction.



"License" means any license granted
under this chapter.



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



"Liquor" or "intoxicating
liquor" includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer,
ale, porter, and wine; and also includes, in addition to the foregoing, any
spirituous, vinous, malt or fermented liquor, liquids, and compounds, whether
medicated, proprietary, patented, or not, in whatever form and of whatever
constituency and by whatever name called, containing one-half of one per cent
or more of alcohol by volume, which are fit for use or may be used or readily
converted for use for beverage purposes.



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



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



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



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



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



"Person" means and includes natural
persons, associations, copartnerships, limited liability companies, and
corporations, and also includes any agent, servant, and employee of such
person.



"Premises" or "licensed
premises" means the building and property that houses the establishment
for which a license has been or is proposed to be issued; provided that in the
case of class 12 hotel license, "premises" includes the hotel
premises; provided further that in the case of a class 15 condominium hotel
license, "premises" includes apartments, as defined in section 514A-3,
or units, as defined in section 514B-3, that are used to provide transient
lodging for periods of less than thirty days under a written contract with the
owner or owners of each unit in, and common elements for access purposes as
established by the declaration of condominium property regime of, the
condominium hotel; and provided further that if an establishment is in a retail
shopping 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 of
liquor takes place.



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



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



"Restaurant" means a place which is
regularly and in a bona fide manner used and kept open for the serving of meals
to patrons for compensation and which has suitable kitchen facilities connected
therewith, containing the necessary equipment and supplies for cooking an
assortment of foods which may be required for ordinary meals.  Additionally, at
least thirty per cent of the establishment's gross revenue must derive from the
sale of foods.



"Retail licensee" means any licensee
holding 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 or
expose for sale; to deliver for value or in any other way than purely
gratuitously; to peddle; to keep with intent to sell; to traffic in; and the
word "sale" includes every act of selling as herein defined. 
Notwithstanding the provisions above, the delivery of liquor by a licensee's
vehicle or the vehicle of a licensee's agent shall be deemed delivery for
value.



"Seller" includes the agents and
employees 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 nonresident
principal or otherwise, solicits the placing of or takes, receives, or forwards
orders for liquor to be shipped into the State from any place without the State
to be delivered to customers, by direct shipment or otherwise.



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



(1)  Premises in which a person performs or entertains
unclothed or in attire restricted to use by entertainers pursuant to commission
regulations; or



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



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



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



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



"Written" or "writing"
includes printing and typewriting. [L Sp 1933, c 40, §1; RL 1935, §2570; am L
1935, c 105, §1; am L 1937, c 211, §2; RL 1945, §7221; am L 1945, c 144, §1; am
L 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, c
90, §1 and c 249, §1; am L 2001, c 257, §2; am L 2007, c 53, §2; am L 2008, c
28, §22 and c 168, §1; am L 2009, c 184, §2]



 



Revision Note



 



  Definition of "elected executive head" revised to
conform 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 that
the establishment be open to all members of the public.  Att. Gen. Op. 91-01.