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HB1373
HOUSE OF REPRESENTATIVES
H.B. NO.
1373
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to intoxicating liquor
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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Chapter 281,
Hawaii Revised Statutes, is amended by adding a new section to part III to be
appropriately designated and to read as follows:
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"
�281-
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Direct
shipment of beer and distilled spirits by manufacturers.
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(a)
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Any person holding:
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(1)
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A general excise tax license from
the department of taxation; and
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(2)
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Either:
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(A)
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A class 1, class 14, or class 18
license to manufacture beer or distilled spirits under section 281-31; or
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(B)
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A license to manufacture beer or
distilled spirits issued by another state,
may pay
any applicable fees and obtain a direct beer and distilled spirits shipper
permit from the liquor commission of the county in which the beer or distilled
spirits is manufactured that authorizes the holder to directly ship beer and
distilled spirits to persons in any county of the State; provided that any
person who holds a license to manufacture beer or distilled spirits pursuant to
paragraph (2)(B) may obtain a direct beer and distilled spirits shipper permit
from the liquor commission of the county to which the person will be shipping
beer or distilled spirits.
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(b)
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The holder of the direct beer and distilled
spirits shipper permit may sell and ship beer and distilled spirits to any
person twenty-one years of age or older in any county of the State for personal
use only and not for resale, and shall:
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(1)
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Ship beer and distilled spirits
directly to the person only in containers that are conspicuously labeled with
the words:
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"CONTAINS
ALCOHOL:
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SIGNATURE OF PERSON AGE 21
YEARS OR OLDER REQUIRED FOR DELIVERY.";
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(2)
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Require that the carrier of the
shipment obtain the signature of any person twenty-one years of age or older
before delivering the shipment;
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(3)
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Report no later than January 31 of
each year, to the liquor commission in each county in which a direct beer and
distilled spirits shipment was made, the total amount of beer and distilled
spirits shipped to persons in that county during the preceding calendar year;
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(4)
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Pay all applicable general excise
and gallonage taxes.
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For gallonage tax
purposes, all beer and distilled spirits sold under a direct beer and distilled
spirits shipper permit shall be deemed to be beer and distilled spirits sold in
the State; and
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(5)
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Be subject to audit by the liquor
commission of each county in which a direct beer and distilled spirits shipment
has been made.
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(c)
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The holder of a license to manufacture beer
or distilled spirits issued by another state may annually renew a direct beer
and distilled spirits shipper permit by providing to the liquor commission that
issued the permit a copy of the license and paying all required fees.
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The holder of a class 1, class 14, or class
18 license to manufacture beer or distilled spirits under section 281-31 may
renew a direct beer and distilled spirits shipper permit concurrently with the
applicable license by complying with all applicable laws and paying all
required fees.
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(d)
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The sale and shipment of beer and distilled
spirits directly to a person in the State by a person that does not possess a
valid direct beer and distilled spirits shipper permit is prohibited.
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Knowingly violating this section is a
misdemeanor.
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(e)
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The liquor commission in each county shall
adopt rules necessary to carry out the intent and purpose of this section;
provided that the liquor commission in each county shall ensure that each
liquor commission's respective rulemaking actions do not interfere with, or
unduly delay, the implementation of this section.
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(f)
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For the purposes of this section,
"distilled spirits" and "beer" shall have the same meanings
as defined in section 244D-1.
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SECTION 2.
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New statutory material is underscored.
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SECTION 3.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
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Report Title:
Beer;
Distilled Spirits; Direct Shipping; Manufacturers
Description:
Allows
direct shipment of beer and distilled spirits by certain licensees.
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Requires the Liquor Commission of each county
to adopt rules and regulations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.