§281-78 - Prohibitions.

§281-78 Prohibitions. (a) No
person shall consume any liquor on any:

(1) Public highway, except as permitted in section
291-3.4;

(2) Public sidewalk, including any sidewalk within a
public housing project as defined in section 356D-1 or 356D-91; or

(3) Common area of a public housing project as
defined in section 356D-1 or 356D-91. For purposes of this paragraph,
"common area" means roofs, halls, corridors, lobbies, stairs,
stairways, fire escapes, entrances and [exits] of the building or buildings,
basements, yards, gardens, recreational facilities, parking areas, storage
spaces, and other parts of the project normally in common use or other areas
designated by the Hawaii public housing authority.

(b) At no time under any circumstances shall
any licensee or its employee:

(1) Sell, serve, or furnish any liquor to, or allow
the consumption of any liquor by:

(A) Any minor;

(B) Any person at the time under the influence
of liquor;

(D) Any person for consumption in any vehicle
that is licensed to travel on public highways;

provided that the consumption or sale of liquor
to a minor shall not be deemed to be a violation of this subsection if, in making
the sale or allowing the consumption of any liquor by a minor, the licensee was
misled by the appearance of the minor and the attending circumstances into
honestly believing that the minor was of legal age and the licensee acted in
good faith; and provided further that it shall be incumbent upon the licensee
to prove that the licensee so acted in good faith;

(2) Permit any liquor to be consumed on the premises
of the licensee or on any premises connected therewith, whether there purchased
or not, except as permitted by the terms of its license;

(3) Permit any liquor to be sold or served by any
person eighteen to twenty years of age except in licensed establishments where
selling or serving the intoxicating liquor is part of the minor's employment,
and where there is proper supervision of these minor employees to ensure that
the minors shall not consume the intoxicating liquor;

(4) Permit any liquor to be sold or served by any
person below the age of eighteen years upon any licensed premises, except in
individually specified licensed establishments found to be otherwise suitable
by the liquor commission in which an approved program of job training and
employment for dining room waiters and waitresses is being conducted in
cooperation with the University of Hawaii, the state community college system,
or a federally sponsored personnel development and training program, under
arrangements that ensure proper control and supervision of employees;

(5) Knowingly permit any person under the influence
of liquor or disorderly person to be or remain in or on the licensed premises;

(6) Fail immediately to prevent or suppress any
violent, quarrelsome, disorderly, lewd, immoral, or unlawful conduct of any
person on the premises;

(7) Sell any draught beer unless upon the faucet,
spigot, or outlet wherefrom the beer is drawn there is attached a clear and
legible notice, placard, or marker which in the English language indicates and
declares the name or brand adopted by the manufacturer of the draught beer, so
situated as to be clearly legible for a distance of at least ten feet from the
spigot, faucet, or outlet, to a purchaser with normal vision;

(8) Receive from a person, as payment or as a
consideration for liquor, any personal or household goods, including clothing
and food, or any implements of trade. Any person violating this paragraph
shall be guilty of a misdemeanor and upon conviction shall be punished as
provided in section 281-102. [L Sp 1933, c 40, §48; RL 1935, §2617; am L 1935,
c 105, §§13, 14, 15; am L 1937, c 211, §19; am L Sp 1941, c 89, §1(d); RL 1945,
§7266; am L 1951, c 223, §1(9); RL 1955, §159-77; am L 1957, c 274, §1; am L
1967, c 184, §1; HRS §281-78; am L 1969, c 228, §1; am L 1976, c 3, §1; gen ch
1985; am L 1986, c 342, §3; am L 1987, c 283, §70; am L 1988, c 350, §1 and c
383, §6; am L 1990, c 171, §25; am L 1991, c 206, §2; am L 1992, c 207, §2; am
L 1996, c 101, §1; am L 2008, c 34, §1]

Law Journals and Reviews

Tort Law--Bertelmann v. Taas Associates: Limits on Dram Shop
Liability; Barring Recovery of Bar Patrons, Their Estates and Survivors. 11 UH
L. Rev. 277.

Tort and Insurance "Reform" in a Common Law Court.
14 UH L. Rev. 55.

Johnston v. KFC National Management Co.: Employer
Social-Host Liability for Torts of Intoxicated Employees. 14 UH L. Rev. 829.

Reyes v. Kuboyama: Vendor Liability for the Sale of
Intoxicating Liquor to Minors under a Common Law Negligence Theory. 17 UH L.
Rev. 355.

Case Notes

Licensee was under duty to take action against intoxicated
person. 690 F. Supp. 910.

Person injured by intoxicated driver may recover from tavern
that supplied liquor to the driver in violation of subsection (a)(2)(B). 62 H.
131, 612 P.2d 533.

Liquor consumer injured because of intoxication does not have
cause of action against liquor seller for violating this section. 69 H. 95,
735 P.2d 930.

Minors voluntarily consuming alcohol are precluded from suing
the commercial liquor supplier. 71 H. 524, 797 P.2d 51.

Subsection (a)(2)(A) (1989) imposes a duty to innocent third
parties upon a liquor licensee who sells alcohol to a minor; the duty includes
the situation where an innocent third party has been injured by an intoxicated
minor other than the minor to whom liquor was sold, subject to determinations
by the trier of fact on the issue of reasonable foreseeability. 76 H. 137,
870 P.2d 1281.

Patron was under the influence of liquor and disorderly;
patron was a participant in altercation with defendant, and was not within
class of persons protected by liquor licensing statutes; thus, court did not
err in refusing to give certain instruction or to quote subsection (b)(2) in
other instruction. 10 H. App. 331, 871 P.2d 1235.

Mentioned: 9 H. App. 490, 851 P.2d 332.