2009 Hawaii Code
TITLE 16 - INTOXICATING LIQUOR
CHAPTER 281 - INTOXICATING LIQUOR
§281-1 - Definitions.
PART I. GENERAL PROVISIONS
§281-1 Definitions. Whenever used in this chapter, unless otherwise apparent from the context:
"Addicted to the excessive use of intoxicating liquor" refers to one who has acquired the habit of using intoxicating liquor excessively to deprive oneself of reasonable self-control, a common drunkard, or a habitual drunkard.
"Alcohol" means the product of distillation of any fermented liquid, whether rectified or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not denatured or other alcohol which is considered nonpotable under the customs laws of the United States.
"Beer" means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley or other grain, malt, and hops in water.
"Club" means any organization for objects of a social, patriotic, political, or athletic nature, or the like, but not for pecuniary gain, having a regular membership to all of whom is charged monthly or quarterly dues, employing a full-time steward, and from which organization no person is entitled to or takes, directly or indirectly, any share of the profits thereof. "Club" also means the establishment so operated and the premises thereof; provided the word "club" shall not apply to any organization not in existence for at least one year prior to its application for a license.
"Commission" means the liquor commission for the county within which such commission has jurisdiction under this chapter.
"Condominium hotel" means an establishment consisting of one or more buildings that includes:
(1) Guest rooms that are apartments, as defined in section 514A-3, or units, as defined in section 514B-3, which are used to provide transient lodging for periods of less than thirty days under a written contract with the owner of the apartment or unit in the condominium hotel operation;
(2) Guest rooms that are units, owned or managed by the condominium hotel operator providing transient lodging for periods of less than thirty days, which are offered for adequate pay to transient guests; and
(3) A suitable and adequate kitchen and dining room, where meals are regularly prepared and served to guests and other customers.
A "condominium hotel" does not include a hotel that may be part of a condominium property regime established under chapter 514A or 514B, that does not have guest rooms that are separate apartments, as defined in section 514A-3, or units, as defined in section 514B-3.
"Condominium hotel operator" means any person who operates a condominium hotel, including but not limited to, a condominium hotel operator registered under section 467-30.
"County" means the county in respect of which each commission has jurisdiction under this chapter; provided that in the county of Kalawao liquor may be sold only by such persons and only under such conditions as may be permitted or prescribed from time to time by the department of health.
"Elected executive head" means the mayor of each county or the mayor's duly appointed or elected successor.
"Gross sales" means the total receipts actually received from the sale of liquor for which the license has been issued without deduction on account of the cost of property sold or expenses of any kind.
"Hotel" means an establishment consisting of one or more buildings which contain (1) such total number of rooms as may be prescribed by the commission and in which rooms sleeping accommodations are provided and offered for adequate pay to transient or permanent guests; and (2) a suitable and adequate kitchen and dining room, where meals are regularly prepared and served to hotel guests and other customers.
"Investigator" means any investigator of the commission in each case for the county wherein the commission has jurisdiction.
"License" means any license granted under this chapter.
"Licensee" includes also all agents, servants, and employees of the holder of a license.
"Liquor" or "intoxicating liquor" includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use or may be used or readily converted for use for beverage purposes.
"Liquor control adjudication board" or "board" means a board established by county charter, within a county, that shall have the jurisdiction to hear and determine complaints or violations of liquor laws and to impose penalties as may be provided in this chapter.
"Minibar" means a specified area of a hotel or condominium hotel guest room where a selection of liquors in their original package are kept for sale or consumption in the hotel or condominium hotel guest room.
"Minor" means any person below the age of twenty-one years.
"Original package" means a package or container as it existed at the time of its delivery by the manufacturer or the wholesale dealer for convenience in transportation and sale.
"Partner" means a partner in a general partnership, limited partnership, or limited liability partnership.
"Person" means and includes natural persons, associations, copartnerships, limited liability companies, and corporations, and also includes any agent, servant, and employee of such person.
"Premises" or "licensed premises" means the building and property that houses the establishment for which a license has been or is proposed to be issued; provided that in the case of class 12 hotel license, "premises" includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes apartments, as defined in section 514A-3, or units, as defined in section 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. As used in this definition, "establishment" means a single physical location where the selling of liquor takes place.
"Public place" means any publicly owned property or privately owned property open for public use or to which the public is invited for entertainment or business purposes.
"Regulation" means any regulation prescribed by the commission with the approval of the elected executive head of the county for carrying out this chapter.
"Restaurant" means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen facilities connected therewith, containing the necessary equipment and supplies for cooking an assortment of foods which may be required for ordinary meals. Additionally, at least thirty per cent of the establishment's gross revenue must derive from the sale of foods.
"Retail licensee" means any licensee holding a class 2 or class 4 through class 16 license.
"Sell" or "to sell" includes to solicit and receive an order for; to have or keep or offer or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; to traffic in; and the word "sale" includes every act of selling as herein defined. Notwithstanding the provisions above, the delivery of liquor by a licensee's vehicle or the vehicle of a licensee's agent shall be deemed delivery for value.
"Seller" includes the agents and employees of a seller; provided that any person shall be deemed to be a seller, who in the State, whether acting as agent or representative of a nonresident principal or otherwise, solicits the placing of or takes, receives, or forwards orders for liquor to be shipped into the State from any place without the State to be delivered to customers, by direct shipment or otherwise.
"Standard bar" means any establishment licensed to sell liquor for consumption on the premises, except:
(1) Premises in which a person performs or entertains unclothed or in attire restricted to use by entertainers pursuant to commission regulations; or
(2) Premises in which live entertainment or recorded music is provided. Facilities for dancing by the patrons may be permitted as provided by commission rules; or
(3) Premises in which employees or entertainers consume nonalcoholic beverages while in the company of patrons or sit with patrons pursuant to commission rules.
"Under the influence of liquor" means that the person concerned has consumed intoxicating liquor sufficient to impair at the particular time under inquiry the person's normal mental faculties or ability to care for oneself and guard against casualty, or sufficient to substantially impair at the time under inquiry that clearness of intellect and control of oneself which the person would otherwise normally possess.
"Wine" means any wine coming within the definition of wine contained in the United States Revenue Act of 1918 (Act of February 24, 1919), and includes sake.
"Written" or "writing" includes printing and typewriting. [L Sp 1933, c 40, §1; RL 1935, §2570; am L 1935, c 105, §1; am L 1937, c 211, §2; RL 1945, §7221; am L 1945, c 144, §1; am L 1951, c 223, §1; am L 1955, c 263, §3; RL 1955, §159-1; am L 1957, c 321, §1(a); am L Sp 1959 2d, c 1, §19; am L 1961, c 91, §1; am L 1963, c 172, §2(a), (f); HRS §281-1; am L 1972, c 2, §5; am L 1976, c 87, §1; am L 1980, c 256, §1; gen ch 1985; am L 1986, c 342, §2; am L 1987, c 283, §70; am L 1990, c 171, §1; am L 1991, c 206, §2; am L 1992, c 207, §2; am L 1997, c 57, §1; am L 1998, c 90, §1 and c 249, §1; am L 2001, c 257, §2; am L 2007, c 53, §2; am L 2008, c 28, §22 and c 168, §1; am L 2009, c 184, §2]
Definition of "elected executive head" revised to conform to charter provisions.
Courses of instruction of university, see §304A-1851.
Liquor tax law, see chapter 244D.
Attorney General Opinions
Definition of "public place" does not require that the establishment be open to all members of the public. Att. Gen. Op. 91-01.
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