2009 Hawaii Code
Volume 05
TITLE 16 - INTOXICATING LIQUOR
CHAPTER 281 - INTOXICATING LIQUOR
§281-52 - Public hearing.

     §281-52  Public hearing.  No license shall be granted except after a public hearing by the liquor commission upon notice as prescribed in this chapter; provided that sections 281-57 to 281-60 shall not apply to the holder of a restaurant general license, a wholesale general license, a retail general license, or a dispenser's general license, who applies for a different kind of license within the class of the holder's existing license, on the same premises, or to the holder of a cabaret license who applies for a dispenser license of any kind, on the same premises, or to the holder of a dispenser's beer and wine license who applies for dispenser's beer license, on the same premises, or to a licensee whose licensed premises have been demolished and replaced by another building on the same premises and who applies for the same or lesser kind of the same class of liquor license previously held by the licensee on said premises. [L Sp 1933, c 40, §28; RL 1935, §2597; am L 1939, c 205, pt of §1; RL 1945, §7249; RL 1955, §159-51; am L 1967, c 62, §1; HRS §281-52; am L 1969, c 197, §1; am L 1972, c 149, §1; gen ch 1985; am L 2008, c 168, §10]

 

Case Notes

 

  Where a public hearing pertaining to the issuance of a liquor license was statutorily required under §281-57 and this section, and petitioner's legal rights, duties, and privileges were determined based on the public hearing regarding the decision to grant or deny a liquor license to petitioner, the public hearing was a "contested case" hearing governed by chapter 91; thus, (1) petitioner was entitled to judicial review under §91-14, (2) §91-11 applied to proceedings on petitioner's application for liquor license, and (3) the liquor commission did not comply with §91-11.  118 H. 320, 189 P.3d 432.

 

 

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