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HB578
HOUSE OF REPRESENTATIVES
H.B. NO.
578
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO LIQUOR LAW VIOLATIONS
.
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 VII to be appropriately designated and
to read as follows:
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"
�281-
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Multiple violations; penalties.
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Notwithstanding any other provision in
this chapter or any rules adopted thereunder to the contrary, if the liquor
commission or liquor control adjudication board established pursuant to section
281‑11 in a county with a population of five hundred thousand or more
determines that any licensee has violated this chapter or any rule in effect by
authority of this chapter within twelve months of the initial violation, the
penalty for the second or subsequent violation of the same section or rule
shall be as follows:
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(1)
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For a second violation, the fine
shall be a minimum of $2,000 and a maximum of $4,000;
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(2)
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For a third violation, the fine
shall be a minimum of $4,000 and a maximum of $8,000;
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(3)
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For a fourth violation, the
licensee's license shall be suspended for one month; and
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(4)
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For a fifth violation, the licensee's
license shall be revoked.
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This
section shall be in addition to, and shall not affect, any other applicable
penalties.
"
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SECTION
2
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Section 281-76,
Hawaii Revised Statutes, is amended to read as follows:
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�281-76
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Tampering with samples; penalty.
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Any person who tampers with any sample of liquor taken for analysis
under this chapter shall be fined not more than $2,000 or imprisoned not more
than one year, or both[
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]
; provided that in a county with a
population of five hundred thousand or more, the amount of any penalty assessed
and collected for a second or subsequent violation of this section by a
licensee within twelve months of the initial act of tampering shall be assessed
pursuant to section 281- .
"
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SECTION
3
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Section 281-77,
Hawaii Revised Statutes, is amended to read as follows:
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�281-77
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Refusal of samples; penalty.
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Any licensee who refuses to deliver or accede to the taking of any
sample of liquor for analysis upon disclosure of the procurer's authority as
provided by section 281-75 shall be fined not more than $2,000[
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]
; provided
that in a county with a population of five hundred thousand or more, the amount
of any penalty assessed and collected for a second or subsequent violation of
this section by a licensee within twelve months of the initial act of refusal
shall be assessed pursuant to section 281- .
"
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SECTION
4
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Section 281-79,
Hawaii Revised Statutes, is amended to read as follows:
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�281-79
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Entry for examination; obstructing liquor commission operations;
penalty.
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Every investigator shall, and any 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.
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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[
.
]
;
provided that in a county with a population of five hundred thousand or more,
the amount of any penalty assessed and collected for a second or subsequent
violation of this section by a licensee within twelve months of the initial
violation shall be assessed pursuant to section 281- .
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Whenever
any investigator or officer, having demanded admittance into any licensed
premises and declared the investigator's or 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 officer to forcibly and in any manner to break
into and enter the premises."
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SECTION
5
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Section
281-102, Hawaii Revised Statutes, is amended to read as follows:
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�281-102
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Other offenses; penalty.
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If
any person violates this chapter or any rule or regulation in effect by
authority of this chapter, whether in connection therewith a penalty is
referred to or not, for which violation no penalty is specifically prescribed,
the person shall be imprisoned not more than six months or fined not more than
$1,000, or both[
.
]
; provided that in a county with a population of
five hundred thousand or more, the amount of any penalty assessed and collected
for a second or subsequent violation of this section by a licensee within
twelve months of the initial violation shall be assessed pursuant to section
281- .
"
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SECTION
6.
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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
7.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
8
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Liquor;
Liquor Commissions; Penalties; Multiple Violations
Description:
Establishes
enhanced penalties for multiple violations of the same liquor law by licensees
in a county with a population of 500,000 or more, under certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.