§281-17  Jurisdiction and powers.  (a) The liquor commission, within its own county, shall have the sole jurisdiction,power, authority, and discretion, subject only to this chapter:

(1)  To grant, refuse, suspend, and revoke anylicenses 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 withoutbeing authorized pursuant to this chapter; provided that in counties which haveestablished by charter a liquor control adjudication board, the board shallhave the jurisdiction, power, authority, and discretion to hear and determineadministrative complaints of the director regarding violations of the liquorlaws of the State or of the rules of the liquor commission, and imposepenalties for violations thereof as may be provided by law;

(3)  To control, supervise, and regulate themanufacture, importation, and sale of liquors by investigation, enforcement,and education; provided that any educational program shall be limited to thecommission staff, commissioners, liquor control adjudication board members,licensees and their employees and shall be financed through the money collectedfrom the assessment of fines against licensees; provided that fine moneys, notto exceed ten per cent a year of fines accumulated, may be used to fund publicliquor related educational or enforcement programs;

(4)  From time to time to make, amend, and repeal suchrules, not inconsistent with this chapter, as in the judgment of the commissionseem appropriate for carrying out this chapter and for the efficientadministration thereof, and the proper conduct of the business of alllicensees, including every matter or thing required to be done or which may bedone with the approval or consent or by order or under the direction orsupervision of or as prescribed by the commission; which rules, when adopted asprovided in chapter 91 shall have the force and effect of law;

(5)  Subject to chapter 76, to appoint and remove anadministrator, who may also be appointed an investigator and who shall beresponsible for the operations and activities of the staff.  The administratormay hire and remove hearing officers, investigators, and clerical or otherassistants as its business may from time to time require, to prescribe theirduties, and fix their compensation; to engage the services of experts andpersons engaged in the practice of a profession, if deemed expedient.  Everyinvestigator, within the scope of the investigator's duties, shall have thepowers of a police officer;

(6)  To limit the number of licenses of any class orkind within the county, or the number of licenses of any class or kind to dobusiness in any given locality, when in the judgment of the commission suchlimitations are in the public interest;

(7)  To prescribe the nature of the proof to befurnished, the notices to be given, and the conditions to be met or observed incase of the issuance of a duplicate license in place of one alleged to havebeen lost or destroyed, including a requirement of any indemnity deemedappropriate to the case;

(8)  To fix the hours between which licensed premisesof 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 thepurposes of this chapter not otherwise provided for in this chapter, and thecharacter and manner of keeping of books, records, and accounts to be kept bylicensees in any matter pertaining to their business;

(10)  To investigate violations of this chapter,chapter 244D and, notwithstanding any law to the contrary, violations of theapplicable department of health's allowable noise levels, through itsinvestigators or otherwise, to include covert operations, and to reportviolations to the prosecuting officer for prosecution and, where appropriate,the director of taxation to hear and determine complaints against any licensee;

(11)  To prescribe, by rule, the terms, conditions, andcircumstances under which persons or any class of persons may be employed byholders of licenses;

(12)  To prescribe, by rule, the term of any license orsolicitor's and representative's permit authorized by this chapter, the annualor prorated amount, the manner of payment of fees for the licenses and permits,and the amount of filing fees; and

(13) To prescribe, by rule, the circumstancesand penalty for the unauthorized manufacturing or selling of any liquor.

(b)  Subject only to this chapter, thecommission or board and each member thereof shall have the same powersrespecting the administering of oaths, compelling the attendance of witnessesand the production of documentary evidence, and examining the witnesses as arepossessed by a circuit court, except that the commission or board and eachmember thereof shall not be bound by the strict legal rules of evidence.  Inaddition, the commission or board shall have the power to require theproduction of, and to examine any books, papers, and records of any licenseewhich may pertain to the licensee's business under the license or which maypertain to a matter at a hearing before the commission or board or to aninvestigation by the commission or board.

The exercise by the commission or board of thepower, authority, and discretion vested in it pursuant to this chapter shall befinal 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 Sp1941, c 41, §2; RL 1945, §7228; RL 1955, §159-16; am L 1961, c 92, §1; am L1963, c 172, §2(e); am L 1965, c 31, §1(3) and c 96, §96; HRS §281-17; am L1969, 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]

 

Cross References

 

  Criminal history record checks, see §846-2.7.

  Review, see §§91-14, 281-92.

 

Case Notes

 

  Commission action, reviewability.  40 H. 485.

  Provisions of this section inconsistent with county charterprovisions are superseded.  59 H. 65, 576 P.2d 1029.

  Section grants very broad authority to county liquorcommission to adopt rules to abolish racially discriminatory practices byliquor licensees.  69 H. 238, 738 P.2d 1205.