PART VI. REVOCATION OF LICENSE

 

§281-91  Revocation or suspension oflicense; hearing.  The liquor commission or liquor control adjudicationboard may revoke any license at any time issued, or suspend the right of thelicensee to use the licensee's license, or assess and collect a penalty, orreprimand the licensee, either for the violation of any condition of thelicense or of any provisions of this chapter or of any rule or regulationapplicable thereto, or upon the conviction in a court of law of the licensee ofany violation of this chapter or of any other law relative to the licensee'slicense or the proper exercise thereof, or of any violation of law in any otherrespect on account whereof the commission or board may deem the licensee to bean unfit or improper person to hold a license, or for any other cause deemedsufficient by the commission or board.

In every case where it is proposed to revoke orsuspend the exercise of any license or assess and collect a penalty for anycause other than a conviction at law of the licensee as above specified, thelicensee 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 anyspecial license shall be subject to summary revocation for any violation of orevidence of intent to violate the proper exercise thereof, without hearingbefore the commission or board.

At the hearing, before final action is taken bythe commission or board, the licensee shall be entitled to be heard in personor through counsel and shall be given a full and fair opportunity to presentany facts showing that the alleged cause or causes for the proposed action donot exist, or any reasons why no penalty should be imposed.  The testimonytaken at the hearing shall be under oath and recorded stenographically, or bymachine, 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 thehearing shall be furnished to the licensee upon the licensee's request and atthe licensee's expense.

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

Whenever the service of any order or noticeshall be required by this section, the service shall be made in the followingmanner:  in the case of any violation based upon the personal observation ofany investigator, a written notice of the violation shall be given to thelicensee 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 thelicense wherever the holder may be found in the circuit wherein the holder islicensed, or, if the holder cannot be found after diligent search, by leaving acertified copy thereof at the holder's dwelling house or usual place of abodewith some person of suitable age and discretion residing therein; and if theholder of the license cannot be found after diligent search, and service cannotbe made, then service may be made by posting a certified copy of the notice ororder in a conspicuous place on the licensed premises and depositing anothercertified 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 lastknown residence address; provided that in the case of a partnership,corporation, unincorporated association, or limited liability company, servicemay 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, c314, §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, c171, §29; am L 1998, c 90, §5 and c 249, §12]