NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Liquor Commission of the City and County of Honolulu will hold a public hearing in the hearings room of the Liquor Commission, Pacific Park Plaza Building, 711 Kapiolani Boulevard, Suite 600, Honolulu, Hawaii, on Thursday, December 12, 2013, at 3:00 p.m., to consider the adoption of amended and new Rules of the Liquor Commission of the City and County of Honolulu.
The purpose of the proposed amendments and new Rules is to address concerns of the Liquor Commission, the liquor industry, and the general public by clarifying existing Rules and creating new Rules relating to intoxicating liquor. The specific proposed Rule amendments and new Rules are summarized below:
§3-80-1.1. Definitions. Adds a definition for “go-go dancer”; conforms the definition of “manager” to other Rules; and clarifies the definitions for “bartender”, “employee”, and “sexual contact”.
§3-81-17.53. License Fees; When Due and How Calculated; Refund Offset. Authorizes the reduction of any refunded license fee by the licensee’s outstanding assessments and/or penalties.
§3-81-17.54. Gross Sales Reports. Clarifies report content and filing requirements; establishes a value for reporting purposes for complimentary drinks in the absence of an established sales price; and imposes a March 1 interim report requirement for wholesale dealer licensees.
§3-81-17.55. Additional License Fees on Gross Sales. Clarifies the application of which fiscal year’s deductible is applicable to a transferor’s interim and final gross liquor sales reports.
§3-81-20. General Right of Inspection. New rule defines the general right of inspection authorized by HRS §281-20.
§3-82-31.8. Recorking. Conforms rule to statutory changes made to HRS §281-31(t).
§3-82-38.5. Registration of Employees. Clarifies the expiration date for registration cards held by bartenders and managers.
§3-82-38.8. Semi-Annual Submission of Employee List. Deletes retail licensees from this rule’s requirements.
§3-82-38.9. Licensee and Manager in Charge of Premises. Clarifies the expiration date for registration cards held by bartenders and managers.
§3-82-38.25. Restrictions or Conditions on Licenses. Expands the time when restrictions or conditions may be placed upon a license, to include at the time of license transfer.
§3-82-38.26. Bottle Service for On-Premise Consumption. New rule permits bottle service at on-premise consumption licensed premises.
§3-82-41.2. Transfer of Corporate Stock; Notification Regarding Limited Partners, Limited Liability Company Managers or Members. Conforms rule as it applies to limited liability companies to the requirements of HRS §281-41(e).
§3-82-41.4. Management or Operating Agreements. New rule establishes a procedure for review and approval of management or operating agreements.
§3-83-53.1. License Applications; Notice of Hearing; Affidavits. Requires restaurant license applicants to demonstrate their ability to derive 30% of gross revenue from the sale of foods.
§3-83-61.1. Renewal of Existing License. Requires a business entity licensee to establish continued good standing in the state of its organization at the time of license renewal.
§3-83-62. ARCHITECTURAL REQUIREMENTS/ALTERATION OF LICENSED PREMISES. Clarifies requirements for alterations made on hotel licensed premises; specifies that neighborhood board notification is applicable only to permanent extensions of the licensed premises; and requires a final inspection before a licensee may occupy and use a granted addition to the licensed premises.
§3-84-72.2. Premises Lighting; Doors. Conforms rule requirements to the definition of “customer”.
§3-84-73.2. Quality of Liquor. New rule prohibits the transfer of distilled spirits from its original container to any other container.
§3-84-78.01. Conduct of Employees. Applies the prohibited conduct in HRS §281-78(b)(6) to employees.
§3-84-78.06. Solicitation of Business Outside of Premises. Establishes a 20 foot radius measurement for determining where a licensee may solicit business outside of the licensed premises.
§3-84-78.52. Stacking of Drinks. Revises volume amounts, container descriptions, and the definition of “stacking”.
§3-85-91.12. Licenses Under Safekeeping. New rule specifies that licenses held in safekeeping beyond June 30 must receive Commission approval.
Those persons wishing to testify at this hearing may register prior to the hearing at the hearing site and are encouraged to submit one copy of their testimony by hand delivery, fax, mail, or email. Attendance at the public hearing is not a prerequisite for submission of testimony. Written testimony that is received by 4:30 p.m., Wednesday, December 11, 2013 at the below address by hand delivery, fax, mail, or email will be included with the record of the hearing.
Address and contact information: Liquor Commission
Pacific Park Plaza Building
711 Kapiolani Boulevard, Suite 600
Honolulu, Hawaii 96813
(808) 768-7311 (fax)
A copy of the proposed amended and new Rules will be mailed at no cost to persons who call (808) 768-7355 and provide their name and mailing address. Copies are also available at no cost and may be reviewed in person at the Liquor Commission offices, Pacific Park Plaza, 711 Kapiolani Boulevard, Suite 600, Honolulu, Hawaii, Monday through Friday between 7:45 a.m. and 4:30 p.m., and on the Liquor Commission website at www.honolulu.gov/liq.
If you require an accommodation or auxiliary aid and/or services to participate in this meeting (i.e., sign language or foreign language interpreter), please call the Administrative Services Officer at 768-7308 at least 72 hours prior to the meeting.
Dated: November 11, 2013
LIQUOR COMMISSION OF THE
CITY AND COUNTY OF HONOLULU
MICHAEL S. YAMAGUCHI, Chairman
By ANNA C. HIRAI