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



(b)  If an application pertaining to a
particular premises or building location is denied, refused, or withdrawn, the
next application from any applicant for that premises or building location
shall include a report prepared by the applicant evidencing a substantial
change in the circumstances that caused the previous denial, refusal, or
withdrawal.  The commission shall deny the application at the preliminary
hearing unless the applicant submits evidence of a substantial change in the
circumstances that previously caused the denial, refusal, or withdrawal of an
application pertaining to that premises or building location.  The commission
may consider the following factors in deciding whether to grant an application
pertaining to a premises or building location for which an application has
previously been denied, refused, or withdrawn:



(1)  Whether a majority of the registered voters
residing within five hundred feet of the nearest point of the premises or
building location for which the license is asked, or a majority of the owners
and lessees of record of real estate and owners of record of shares in a
cooperative apartment within five hundred feet of the nearest point of the
premises or building location for which the license is asked, no longer oppose
the granting of the license;



(2)  Whether plans for the construction, building
design, use, or operation of the proposed establishment have been altered such
that they will not conflict with the character of the surrounding area.  In
evaluating the character of an area for the purposes of this section, the
commission 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 the
area;



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



(F)  Any other factors that the commission
finds relevant;



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



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



(5)  Any other considerations deemed by the commission
to affect the matter of the application, the issuance, or the exercise of the
license applied for. [L Sp 1933, c 40, §35; RL 1935, §2604; RL 1945, §7256; am
L 1951, c 223, §1(8); RL 1955, §159-59; HRS §281-60; gen ch 1985; am L 1986, c
67, §1; am L 1990, c 171, §20; am L 1996, c 62, §2; am L 2001, c 257, §8]