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HB208
HOUSE OF REPRESENTATIVES
H.B. NO.
208
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:
����
SECTION
1
.
�
Section 281-20, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�281-20
�
General right of inspection[
.
]
;
unannounced visits.
�
Any investigator may, at all times, without notice and without any
search warrant or other legal process, visit and have immediate access to every
part of the premises of every licensee for the purpose of making any
examination or inspection thereof or inquiry into the books and records
therein, to ascertain whether all of the conditions of the license and all provisions
of this chapter are being complied with by the licensee.
�
Inspections shall be conducted on an
annual basis and at such intervals as determined by the board to ensure the
health, safety, and welfare of the public.
�
Unannounced visits may be conducted during regular business hours.
�
All inspections relating to follow-up visits,
visits to confirm correction of deficiencies, or visits to investigate
complaints shall be conducted unannounced.
"
����
SECTION
2
.
�
Section 281-31, Hawaii Revised Statutes, is
amended as follows:
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1.
�
By amending subsection (f) to read:
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"(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.
�
A licensee under this class
shall be issued a license according to the category of establishment the
licensee owns or operates.
�
The
categories of establishments shall be as follows:
���������
(A)
�
A standard bar;
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(B)
�
Premises in which a person performs or
entertains unclothed or in attire restricted to use by entertainers pursuant to
commission rules;
or
���������
(C)
�
Premises in which live entertainment or
recorded music is provided; provided that facilities for dancing by the patrons
may be permitted as provided by commission rules[
; or
���������
(D)
�
Premises in which employees or entertainers
are compensated to sit with patrons, regardless of whether the employees or
entertainers are consuming nonalcoholic beverages while in the company of the
patrons pursuant to commission rules
].
����
(2)
�
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.
����
(3)
�
Of this class, there shall be the following
kinds:
���������
(A)
�
General (includes all liquor except alcohol);
���������
(B)
�
Beer and wine; and
���������
(C)
�
Beer."
����
2.
�
By amending subsection (k) to read:
����
"(k)
�
Class 11.
�
Cabaret license.
�
A cabaret
license shall be general only but shall exclude alcohol and shall authorize the
sale of liquor for consumption on the premises.
�
A cabaret license shall be issued only for premises where [
food is
served,
] facilities for dancing by the patrons including a dance floor are
provided[
,
] and live or amplified recorded music or professional
entertainment, except professional entertainment by a person who performs or
entertains unclothed, is provided for the patrons; provided that professional
entertainment by persons who perform or entertain unclothed shall be authorized
by:
����
(1)
�
A cabaret license for premises where
professional entertainment by persons who perform or entertain unclothed was
presented on a regular and consistent basis immediately prior to June 15, 1990;
or
����
(2)
�
A cabaret license that, pursuant to rules
adopted by the liquor commission, permits professional entertainment by persons
who perform or entertain unclothed.
����
A
cabaret license under paragraph (1) or (2) authorizing professional
entertainment by persons who perform or entertain unclothed shall be
transferable through June 30, 2000.
�
A
cabaret license under paragraph (1) or (2) authorizing professional
entertainment by persons who perform or entertain unclothed shall not be
transferable after June 30, 2000, except upon approval by the liquor commission
and pursuant to rules adopted by the commission.
�
Notwithstanding any rule of the liquor
commission to the contrary, cabarets in resort areas may be opened for the
transaction of business until 4 a.m. throughout the entire week.
�
A cabaret license shall not be issued for any
premises located within an apartment mixed use subprecinct within a special
improvement or special district in which the economy is primarily based on
tourism."
����
SECTION
3
.
�
Section 281-79, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�281-79
�
Entry for examination; obstructing liquor commission operations;
penalty.
�
Every investigator shall, and any
police
officer [
having police power
] may, at all reasonable times, and at any
time whatsoever if there is any reasonable ground for suspicion that the
conditions of any license are being violated, without warrant enter into and
upon any licensed premises and inspect the same and every part thereof, and any
books or records therein, to ascertain whether or not all conditions of the
license and all provisions of this chapter are being complied with by the
licensee.
����
If any investigator or officer, or
any person called by the investigator or officer to the investigator's or
officer's aid, is threatened with the use of violence, force, or physical
interference or obstacle, or is hindered, obstructed, or prevented by any
licensee, the licensee's employees, or any other person from entering into the
premises, or whenever any investigator or officer is by any licensee, the
licensee's employees, or any other person opposed, obstructed, or molested in
the performance of the officer's duty in any respect, the licensee, the
licensee's employee, or any other person shall be fined not more than $2,000 or
imprisoned not more than one year, or both.
����
Whenever any investigator or
police
officer, having demanded admittance into any licensed premises and declared the
investigator's or
police
officer's name and office, is not admitted by
the licensee or the person in charge of the premises, it shall be lawful for
the investigator or
police
officer to [
forcibly and in any manner to
break into and
]
use reasonable force to
enter the premises."
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SECTION 4.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION
5
.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION
6
.
�
This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Intoxicating
Liquor; Inspection; Licensees; Standard Bar; Obstruction
Description:
Establishes
when unannounced visits and inspections may be conducted.
�
Repeals a category for dispenser licenses in
which employees sit with patrons.
�
Clarifies
the investigator's and police officer's authority to enter a liquor premises if
they are denied admittance.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.