PART VI. 
REVOCATION OF LICENSE



 



§281-91  Revocation or suspension of
license; hearing.  The liquor commission or liquor control adjudication
board may revoke any license at any time issued, or suspend the right of the
licensee to use the licensee's license, or assess and collect a penalty, or
reprimand the licensee, either for the violation of any condition of the
license or of any provisions of this chapter or of any rule or regulation
applicable thereto, or upon the conviction in a court of law of the licensee of
any violation of this chapter or of any other law relative to the licensee's
license or the proper exercise thereof, or of any violation of law in any other
respect on account whereof the commission or board may deem the licensee to be
an unfit or improper person to hold a license, or for any other cause deemed
sufficient by the commission or board.



In every case where it is proposed to revoke or
suspend the exercise of any license or assess and collect a penalty for any
cause other than a conviction at law of the licensee as above specified, the
licensee shall be entitled to notice and hearing in conformity with chapter 91,
the notice to be given at least five days before the hearing, except that any
special license shall be subject to summary revocation for any violation of or
evidence of intent to violate the proper exercise thereof, without hearing
before the commission or board.



At the hearing, before final action is taken by
the commission or board, the licensee shall be entitled to be heard in person
or through counsel and shall be given a full and fair opportunity to present
any facts showing that the alleged cause or causes for the proposed action do
not exist, or any reasons why no penalty should be imposed.  The testimony
taken at the hearing shall be under oath and recorded stenographically, or by
machine, but the parties shall not be bound by the strict rules of evidence;
certified copies of any transcript and of any other record made of or at the
hearing shall be furnished to the licensee upon the licensee's request and at
the licensee's expense.



Any order of revocation, suspension, fine, or
reprimand imposed by the commission or board upon the licensee shall be in
addition to any penalty that might be imposed upon the licensee upon the
licensee's conviction at law for any violation of this chapter.  No licensee
shall be subject to both the penalty assessed and collected by the commission
or board and to revocation or suspension of license.  The amount of penalty
assessed and collected by the commission or board from any licensee for any
particular offense shall not exceed the sum of $2,000.



Whenever the service of any order or notice
shall be required by this section, the service shall be made in the following
manner:  in the case of any violation based upon the personal observation of
any investigator, a written notice of the violation shall be given to the
licensee or the licensee's registered manager in active charge of the premises,
or by serving a certified copy of the notice or order upon the holder of the
license wherever the holder may be found in the circuit wherein the holder is
licensed, or, if the holder cannot be found after diligent search, by leaving a
certified copy thereof at the holder's dwelling house or usual place of abode
with some person of suitable age and discretion residing therein; and if the
holder of the license cannot be found after diligent search, and service cannot
be made, then service may be made by posting a certified copy of the notice or
order in a conspicuous place on the licensed premises and depositing another
certified copy thereof in the certified mail of the United States post office,
postage prepaid, addressed to the holder of the license at the holder's last
known residence address; provided that in the case of a partnership,
corporation, unincorporated association, or limited liability company, service
may be made upon any partner, officer, or member thereof. [L Sp 1933, c 40,
§55; RL 1935, §2624; am L Sp 1941, c 89, §1(f); RL 1945, §7275; am L 1949, c
314, §1; RL 1955, §159-90; am L 1957, c 321, §1(h); am L 1965, c 96, §98; HRS
§281-91; am L 1976, c 87, §5; gen ch 1985; am L 1987, c 223, §3; am L 1990, c
171, §29; am L 1998, c 90, §5 and c 249, §12]