§281-78  Prohibitions.  (a)  Noperson shall consume any liquor on any:

(1)  Public highway, except as permitted in section291-3.4;

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

(3)  Common area of a public housing project asdefined 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, storagespaces, and other parts of the project normally in common use or other areasdesignated by the Hawaii public housing authority.

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

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

(A)  Any minor;

(B)  Any person at the time under the influenceof liquor;

(C)  Any person known to the licensee to beaddicted to the excessive use of intoxicating liquor; or

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

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

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

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

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

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

(6)  Fail immediately to prevent or suppress anyviolent, quarrelsome, disorderly, lewd, immoral, or unlawful conduct of anyperson 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 andlegible notice, placard, or marker which in the English language indicates anddeclares the name or brand adopted by the manufacturer of the draught beer, sosituated as to be clearly legible for a distance of at least ten feet from thespigot, faucet, or outlet, to a purchaser with normal vision;

(8)  Receive from a person, as payment or as aconsideration for liquor, any personal or household goods, including clothingand food, or any implements of trade.  Any person violating this paragraphshall be guilty of a misdemeanor and upon conviction shall be punished asprovided 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 L1967, c 184, §1; HRS §281-78; am L 1969, c 228, §1; am L 1976, c 3, §1; gen ch1985; am L 1986, c 342, §3; am L 1987, c 283, §70; am L 1988, c 350, §1 and c383, §6; am L 1990, c 171, §25; am L 1991, c 206, §2; am L 1992, c 207, §2; amL 1996, c 101, §1; am L 2008, c 34, §1]

 

Law Journals and Reviews

 

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

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

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

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

 

Case Notes

 

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

  Person injured by intoxicated driver may recover from tavernthat 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 havecause of action against liquor seller for violating this section.  69 H. 95,735 P.2d 930.

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

  Subsection (a)(2)(A) (1989) imposes a duty to innocent thirdparties upon a liquor licensee who sells alcohol to a minor; the duty includesthe situation where an innocent third party has been injured by an intoxicatedminor other than the minor to whom liquor was sold, subject to determinationsby 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 withinclass of persons protected by liquor licensing statutes; thus, court did noterr in refusing to give certain instruction or to quote subsection (b)(2) inother instruction.  10 H. App. 331, 871 P.2d 1235.

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