§281-45  No license issued, when.  Nolicense shall be issued under this chapter:

(1)  To any minor or to any person who has beenconvicted of a felony and not pardoned (except that the commission may grant alicense under this chapter to a corporation that has been convicted of a felonywhere the commission finds that the organization's officers and shareholders oftwenty-five per cent or more of outstanding stock are fit and proper persons tohave a license), or to any other person not deemed by the commission to be afit and proper person to have a license;

(2)  To a corporation the officers and directors ofwhich, or any of them, would be disqualified under paragraph (1) from obtainingthe license individually, or a stockholder of which, owning or controllingtwenty-five per cent or more of the outstanding capital stock, or to a generalpartnership, limited partnership, limited liability partnership, or limitedliability company whose partner or member holding twenty-five per cent or moreinterest of which, or any of them would be disqualified under paragraph (1)from obtaining the license individually;

(3)  Unless the applicant for a license or a renewalof a license, or in the case of a transfer of a license, both the transferorand the transferee, present to the issuing agency a signed certificate from thedirector of taxation and from the Internal Revenue Service showing that theapplicant or the transferor and transferee do not owe the state or federalgovernments any delinquent taxes, penalties, or interest; or that theapplicant, or in the case of a transfer of a license, the transferor ortransferee, has entered into an installment plan agreement with the departmentof taxation and the Internal Revenue Service for the payment of delinquenttaxes in installments and that the applicant is or the transferor or transfereeis, in the case of a transfer of a license, complying with the installment planagreement; or

(4)  To an applicant for a class 2, class 4, class 5,class 6, class 11, class 12, class 13, class 14, or class 15 license, unlessthe applicant for issuance of a license or renewal of a license, or in the caseof a transfer of a license, both the transferor and the transferee, present tothe issuing agency proof of liquor liability insurance coverage in an amount of$1,000,000; or

(5)  To any applicant who has had any liquor licenserevoked less than two years previous to the date of the application for anylike or other license under this chapter. [L Sp 1933, c 40, §26; RL 1935,§2595; RL 1945, §7247; RL 1955, §159-45; am L 1957, c 293, §1 and c 321, §1(e);am L 1965, c 121, §1; HRS §281-45; am L 1982, c 65, §1; am L 1985, c 155, §2;am L 1987, c 223, §2; am L 1990, c 171, §14; am L 1991, c 101, §1; am L 2008, c168, §9; am L 2009, c 177, §2 and c 184, §8]

 

Cross References

 

  Criminal history record checks, see §846-2.7.

  Effect of conviction of a crime, see §831-3.1.

 

Attorney General Opinions

 

  Taxpayer's agreement to pay its delinquent taxes, pursuant toa payment schedule, does not satisfy the requirements for liquor licenserenewal under this section and §231-28.  Att. Gen. Op. 95-1.