§281-60  Further application. (a)  Except as provided for in section 281-13, if an applicant has at any timebeen denied or refused a license, no further application from the applicantpertaining to the same premises or building location shall be considered forone year from the denial or refusal.

(b)  If an application pertaining to aparticular premises or building location is denied, refused, or withdrawn, thenext application from any applicant for that premises or building locationshall include a report prepared by the applicant evidencing a substantialchange in the circumstances that caused the previous denial, refusal, orwithdrawal.  The commission shall deny the application at the preliminaryhearing unless the applicant submits evidence of a substantial change in thecircumstances that previously caused the denial, refusal, or withdrawal of anapplication pertaining to that premises or building location.  The commissionmay consider the following factors in deciding whether to grant an applicationpertaining to a premises or building location for which an application haspreviously been denied, refused, or withdrawn:

(1)  Whether a majority of the registered votersresiding within five hundred feet of the nearest point of the premises orbuilding location for which the license is asked, or a majority of the ownersand lessees of record of real estate and owners of record of shares in acooperative apartment within five hundred feet of the nearest point of thepremises or building location for which the license is asked, no longer opposethe granting of the license;

(2)  Whether plans for the construction, buildingdesign, use, or operation of the proposed establishment have been altered suchthat they will not conflict with the character of the surrounding area.  Inevaluating the character of an area for the purposes of this section, thecommission may consider the following factors:

(A)  The usual and existing types of business,residential, and recreational uses and activities within the area;

(B)  The proximity of residential areas;

(C)  The population density of the area;

(D)  The typical or ambient noise levels of thearea;

(E)  The motor vehicle traffic volume,congestion, and noise; and

(F)  Any other factors that the commissionfinds relevant;

(3)  Whether the neighborhood board for the area wherethe premises is located has rendered a decision on the granting of the license;

(4)  Whether the applicant is a fit and proper personto have a license; and

(5)  Any other considerations deemed by the commissionto affect the matter of the application, the issuance, or the exercise of thelicense applied for. [L Sp 1933, c 40, §35; RL 1935, §2604; RL 1945, §7256; amL 1951, c 223, §1(8); RL 1955, §159-59; HRS §281-60; gen ch 1985; am L 1986, c67, §1; am L 1990, c 171, §20; am L 1996, c 62, §2; am L 2001, c 257, §8]