§281-56  Report by investigator.  (a) On every application referred to the investigator under section 281-55, theinvestigator shall report in writing to the liquor commission and, if theapplication is for a license of any class other than class 8, class 9, or class10, such report shall include:

(1)  A description of the premises intended to becomethe licensed premises, and the equipment and surrounding conditions, includingthe relationship to surrounding residences which may share a common boundary ora common structure with the premises proposed for licensing;

(2)  If the application is made by a person who hasheld a prior license for the same or any other premises within two years past,a statement as to the manner in which the premises have been operated and thebusiness conducted under the previous license;

(3)  The locality of any church, chapel, or school, ifany, within a distance of five hundred feet from the nearest point of thepremises for which the license is asked to the nearest point of the church,chapel, or school grounds;

(4)  The number, position, and distance from thepremises, in respect of which a license is applied for, of any other licensedpremises of the same class in the neighborhood;

(5)  The number of licenses of the same class or kindalready issued and being lawfully exercised within the county;

(6)  Whether or not in the opinion of the investigatorthe applicant is a fit and proper person to have a license;

(7)  Whether or not the applicant is for any reasondisqualified by this chapter from obtaining or exercising a license; andwhether or not the applicant has complied with all the requirements of thischapter relative to the making and filing of the applicant's application;

(8)  For the next application for a license that waspreviously denied, refused, or withdrawn, evidence, to be provided by theapplicant, of a substantial change in the circumstances that caused theprevious denial, refusal, or withdrawal; and

(9)  Any and all other matters and things, that in thejudgment of the investigator pertain to or affect the matter of theapplication, or the issuance or the exercise of the license applied for;provided that when the license application is for premises within a county witha population of five hundred thousand residents or more, the report shallspecify the possible adverse effects the premises, after licensing, may have onthe surrounding community.

(b)  A copy of the report shall be furnished tothe applicant not less than forty-eight hours before any hearing is had uponthe application.  Upon written request, a copy of the report shall be furnishedto any requester.

(c)  The applicant and any protester maychallenge findings contained in the investigator's report before or at anyhearing on the application. [L Sp 1933, c 40, §31; RL 1935, §2600; am L 1937, c211, §15; am L 1939, c 205, pt of §1; am L Sp 1941, c 89, §1(c); RL 1945,§7252; am L 1945, c 217, §1; RL 1955, §159-55; HRS §281-56; am L 1971, c 113,§1; am L 1975, c 55, §4; gen ch 1985; am L 1990, c 171, §17; am L 2001, c 257,§5; am L 2002, c 120, §3; am L 2008, c 168, §12]

 

Cross References

 

  Zero tolerance policy for drugs and weapons, see§302A-1134.6.