§281-53.5 - County liquor commissions; criminal history record check.
[§281-53.5] County liquor commissions;
criminal history record check. (a) The respective county liquor
commissions may request a criminal history record check of an applicant for a
liquor license in accordance with section 846-2.7. The criminal history record
check, at a minimum, shall require the applicant to disclose whether:
(1) The applicant has been convicted in any
jurisdiction of a crime that would tend to indicate the applicant may be
unsuited for obtaining a liquor license; and
(2) The judgment of conviction has not been vacated.
For the purpose of this section, the criminal
history disclosure made by the applicant may be verified by the liquor
commission by means of information obtained through the Hawaii criminal justice
data center. The applicant shall provide the Hawaii criminal justice data
center with personal identifying information which shall include but not be
limited to the applicant's name, social security number, date of birth, and
gender. This information shall be secured only for the purpose of conducting
the criminal history record check authorized by this section.
(b) The applicant shall submit to the liquor
commission:
(1) A statement signed under penalty of law as to
whether the applicant has ever been convicted of a crime other than a minor
traffic violation;
(2) Written consent to request and obtain criminal
history record information for verification; and
(3) Permission to be fingerprinted.
(c) The liquor commission shall obtain
criminal history record information through the Hawaii criminal justice data
center on the applicant. The information obtained shall be used exclusively
for the stated purpose for which it was obtained and shall be subject to
applicable federal laws and regulations currently or hereafter in effect. [L
2003, c 95, §3]