§281-52  Public hearing.  No license
shall be granted except after a public hearing by the liquor commission upon
notice as prescribed in this chapter; provided that sections 281-57 to 281-60
shall not apply to the holder of a restaurant general license, a wholesale
general license, a retail general license, or a dispenser's general license,
who applies for a different kind of license within the class of the holder's
existing license, on the same premises, or to the holder of a cabaret license
who applies for a dispenser license of any kind, on the same premises, or to
the holder of a dispenser's beer and wine license who applies for dispenser's
beer license, on the same premises, or to a licensee whose licensed premises
have been demolished and replaced by another building on the same premises and
who applies for the same or lesser kind of the same class of liquor license
previously held by the licensee on said premises. [L Sp 1933, c 40, §28; RL
1935, §2597; am L 1939, c 205, pt of §1; RL 1945, §7249; RL 1955, §159-51; am L
1967, c 62, §1; HRS §281-52; am L 1969, c 197, §1; am L 1972, c 149, §1; gen ch
1985; am L 2008, c 168, §10]



 



Case Notes



 



  Where a public hearing pertaining to the issuance of a liquor
license was statutorily required under §281-57 and this section, and
petitioner's legal rights, duties, and privileges were determined based on the
public hearing regarding the decision to grant or deny a liquor license to
petitioner, the public hearing was a "contested case" hearing
governed by chapter 91; thus, (1) petitioner was entitled to judicial review
under §91-14, (2) §91-11 applied to proceedings on petitioner's application for
liquor license, and (3) the liquor commission did not comply with §91-11.  118
H. 320, 189 P.3d 432.