RELATING TO INTOXICATING LIQUOR.

SB2911

THE SENATE

S.B. NO.

2911

THIRTY-THIRD LEGISLATURE, 2026

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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The
legislature finds that the current system for direct shipment of alcohol is not
applied equally across all producers.
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Existing law only allows for the direct shipment of wine by wineries but
not small breweries and small distilleries.
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Allowing the direct shipment of beer and distilled spirits will create
equal opportunities for brewers and distillers with wineries.

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Accordingly, the purpose of this Act is to:

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(1)
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Allow
direct shipment of beer and distilled spirits by certain licensees; and

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(2)
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Require the liquor commission of each county
to adopt rules and regulations.

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SECTION
2.
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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 and produces less than one hundred
fifty barrels of malt beverages or twenty thousand barrels of distilled spirits,

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 this 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 in this State 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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Ship
not more than twenty-four two and one quarter gallon cases of beer and not more
than six nine-liter cases of distilled spirits to any household per year;

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(4)
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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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(5)
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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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(6)
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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 that 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:

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"Beer" has the same meaning as
defined in section 244D-1.

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"Distilled spirits" has the
same meaning as in section 244D-1.
"

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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

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.