NOTICE OF PUBLIC HEARING

Pursuant to Section 91-3(a), Hawaii Revised Statutes, the Liquor Control Commission of the County of Maui (the “Liquor Commission”) hereby provides notice of a public hearing for the purpose of amending certain sections of its Rules Governing theManufacture and Sale of Intoxicating Liquor of the County of Maui (the “Rules”).

The entire text of the proposed rule amendments is listed below, and is further summarized as follows:

SUMMARY:

1. Amendment to Section 08-101-22(f) of the Rules:
– Establishes a maximum number or “cap” on the number of Class 5(2)(D) (“hostess”) licenses to 12 that can be issued in the County.

2. Amendments to Section 08-101-25 of the Rules:
– Amends the hours of operation and transaction of business for the following licensees:
-dispensers, restaurants, clubs, transient vessels, tour or cruise vessels, and specials
-cabarets
-hotels and condominium hotels
-retailers
-manufacturers and wholesalers
-brewpubs
-small craft producer pubs
-caterers
-wineries
3. Amendment to Section 08-101-28(d) of the Rules:
– Prohibits the sale and delivery of liquor to private residences or businesses.

PROPOSED RULE AMENDMENTS

Amendment to Title 08, Chapter 101,
Rules Governing the Manufacture and Sale
of Intoxicating Liquor of the County of Maui

1. Section 08-101-22, Rules Governing the Manufacture and Sale of Intoxicating Liquor of the County of Maui, is amended by amending subsection (f) to read as follows:

“(f) Class 5. Dispenser license.
(1) A license under this class shall authorize the licensee to sell liquor specified in this subsection for consumption on the premises.
(2) A licensee under this class shall be issued a license according to the category of establishment the licensee owns or operates. The categories shall be:
(A) A standard bar;
(B) Premises in which a person performs or entertains unclothed or in attire restricted to use by entertainers pursuant to the rules of the commission;
(C) Premises in which live entertainment or recorded music is provided. The subcategories of this category shall be:
(i) Premises in which recorded background music is provided;
(ii) Premises in which live entertainment or recorded music is provided; provided that facilities for dancing by the patrons may be permitted as provided by the rules of the commission; or
(D) Premises in which employees or entertainers are compensated to sit with patrons, whether or not the employees or entertainers are consuming nonalcoholic beverages while in the company of the patrons, pursuant to the rules of the commission; provided that all employees, entertainers, or other persons or patrons therein shall be twenty-one [year] years of age or older[.]; and provided further that there shall be no more than twelve category D, class 5 dispenser licenses in the County.
(3) If a licensee under class 5 desires to change the category of establishment the licensee owns or operates, the licensee shall apply for a new license applicable to the category of the licensee’s establishment.
(4) Of this class, there shall be the following kinds:
(A) General (includes all liquor except alcohol);
(B) Beer and wine; and
(C) Beer.
(5) Any licensee holding a different class of license and who would otherwise come within this class with the same or downgrade of kind or category of license, or both, shall not be required to apply for a new license. [Eff 7/1/00; am and comp 7/15/02; am and comp 4/22/12; am and comp 6/18/15; am and comp 3/4/17; am and comp] (Auth: HRS §§91-2, 281-17) (Imp: HRS §281-17)”

2. Section 08-101-25, Rules Governing the Manufacture and Sale of Intoxicating Liquor of the County of Maui, is amended by amending subsection (a) to read as follows:

“(a) Hours during which licensed premises may be open for the transaction of business shall be as follows:
(1) Dispensers, restaurants, clubs, transient vessels, tour or cruise vessels, and specials: any hour of the day from [6:00] 8:00 a.m. to 2:00 a.m., the following day.
(2) Cabarets: any hour of the day from [6:00] 8:00 a.m. to 4:00 a.m., the following day.
(3) Hotels and condominium hotels: [any hour of the day.] from 6:00 a.m. to 4:00 a.m., the following day.
(4) Retailers: any hour of the day[.] from 6:00 a.m. to 11:00 p.m.
(5) Manufacturers and wholesalers: [any hour of the day.] from 6:00 a.m. to 9:00 p.m.
(6) Brewpubs: any hour of the day from [6:00] 8:00 a.m. to 2:00 a.m., the following day for on- premises consumption liquor sales and 6:00 a.m. to 11:00 p.m. for off-premises retail liquor sales.
(7) Small craft producer pubs: any hour of the day from [6:00] 8:00 a.m. to 2:00 a.m., the following day for on-premises consumption liquor sales, any hour of the day for manufacture and wholesale, and 6:00 a.m. to 11:00 p.m. for off-premises retail liquor sales.
(8) Caterers: any hour of the day from 6:00 a.m. to 2:00 a.m., the following day.
(9) Wineries: any hour of the day for manufacture and wholesale, and from 6:00 a.m. to 11:00 p.m. for off-premises retail sales and on premises wine tasting activities. [Eff 7/1/00; am and comp 6/18/15; am and comp 3/4/17; am and comp] (Auth: HRS §§ 91-2, 281-17) (Imp: HRS §281-17)”

3. Section 08-101-28, Rules Governing the Manufacture and Sale of Intoxicating Liquor of the County of Maui, is amended by amending subsection (d) to read as follows:

“(d) This section shall not be construed to prohibit assistance to any person who is physically unable to walk, lift, or carry purchases of liquor due to a disability, or allowing the delivery of liquor product to a physically challenged person’s vehicle [or primary residence. Liquor orders may be made on the licensee’s website or by telephone call to the licensed premises. Deliveries of liquor products to private residences or businesses with a bona fide order from the purchaser] by a class 4 retail dealers’ licensee [is permitted,] provided:
(1) An employee of the licensee, who is approved by the director pursuant to section 08-101-70 of the rules of the commission, makes the delivery of the liquor product directly to the vehicle of the purchaser[;].
(2) That the employee ensures that the person receiving the delivery is twenty-one years of age or older[, licensee produces a receipt of delivery signed by a person verified to be of legal age and the person receiving the product is] and not under the influence of liquor or drug(s) [at the point of delivery; and].
(3) The licensee or employee is not in violation of any rules or State laws. [Eff 7/1/00; am and comp 3/4/17; am and comp] (Auth: HRS §§ 91-2, 281-17) (Imp: HRS §281-17)”

4. Material, except source notes, to be repealed is bracketed. New material is underscored.

5. Additions to update source notes to reflect these amendments are not underscored.

6. These amendments to Chapter 101, Rules Governing the Manufacture and Saleof Intoxicating Liquor of the County of Maui, shall take effect ten days after filing with the Office of the County Clerk.

Copies of the proposed amendments may be viewed or downloaded from the Department of Liquor Control web page at www.mauicounty.gov/liquor and selecting the Rules/Laws tab.

Copies of the proposed amendments will be mailed to any interested person who requests a copy and pays the required fees for copying and postage. Requests for a copy may be made at the Department of Liquor Control, 2145 Kaohu Street, Room 105, Wailuku, Hawaii 96793, or by calling (808)244-4666.

The Liquor Commission will conduct a public hearing on the proposed amendments on July 12, 2017, at 10:00 a.m. at the Department of Liquor Control Conference Room, 2145 Kaohu Street, Room 108, Wailuku, Maui, Hawaii.

Any interested person may submit oral or written testimony on the proposed amendments at the public hearing. Also, written testimony may be submitted by mail to: Liquor Commission, 2145 Kaohu Street, Room 105, Wailuku, Maui, Hawaii 96793. Written testimony must be received by the Liquor Commission before the public hearing closes on July 12, 2017.

Any person requesting accommodations due to disabilities must call (808) 244-4666 at least six (6) days before the date of the scheduled public hearing.

Please contact the Commission Secretary at (808)244-4666 if further information is needed.

By: _________________
ROBERT TANAKA
Chair
Liquor Commission
(SA994049 6/9/17)~