§281-52  Public hearing.  No licenseshall be granted except after a public hearing by the liquor commission uponnotice as prescribed in this chapter; provided that sections 281-57 to 281-60shall not apply to the holder of a restaurant general license, a wholesalegeneral 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'sexisting license, on the same premises, or to the holder of a cabaret licensewho applies for a dispenser license of any kind, on the same premises, or tothe holder of a dispenser's beer and wine license who applies for dispenser'sbeer license, on the same premises, or to a licensee whose licensed premiseshave been demolished and replaced by another building on the same premises andwho applies for the same or lesser kind of the same class of liquor licensepreviously held by the licensee on said premises. [L Sp 1933, c 40, §28; RL1935, §2597; am L 1939, c 205, pt of §1; RL 1945, §7249; RL 1955, §159-51; am L1967, c 62, §1; HRS §281-52; am L 1969, c 197, §1; am L 1972, c 149, §1; gen ch1985; am L 2008, c 168, §10]

 

Case Notes

 

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