2021 Hawaii Revised Statutes
Title 16. Intoxicating Liquor
281. Intoxicating Liquor
281-45 No license issued, when.

§281-45 No license issued, when. No license shall be issued under this chapter:

(1) [Paragraph effective until January 4, 2022. For paragraph effective January 5, 2022, see below.] To any minor or to any person who has been convicted of a felony and not pardoned, or to any other person not deemed by the commission to be a fit and proper person to have a license; provided that the commission may grant a license under this chapter to a corporation that has been convicted of a felony where the commission finds that the corporation's officers and shareholders of twenty-five per cent or more of outstanding stock are fit and proper persons to have a license;

(1) [Paragraph effective January 5, 2022. For paragraph effective until January 4, 2022, see above.] To any minor or to any person who has been convicted of a felony and not pardoned; provided that the commission may grant a license under this chapter to a corporation or limited liability company that has been convicted of a felony where the commission finds that the corporation's officers, directors, and shareholders of twenty-five per cent or more of outstanding stock meet the statutory requirements to hold a license;

(2) [Paragraph effective until January 4, 2022. For paragraph effective January 5, 2022, see below.] To a corporation the officers and directors of which, or any of them, would be disqualified under paragraph (1) from obtaining the license individually, or a stockholder of which, owning or controlling twenty-five per cent or more of the outstanding capital stock, or to a general partnership, limited partnership, limited liability partnership, or limited liability company whose partner or member holding twenty-five per cent or more interest of which, or any of them would be disqualified under paragraph (1) from obtaining the license individually; provided that for publicly-traded companies or entities ultimately solely owned by a publicly-traded company, only the officers and directors designated as primary decision-makers shall be considered to determine disqualification under paragraph (1);

(2) [Paragraph effective January 5, 2022. For paragraph effective until January 4, 2022, see above.] To a corporation the officers and directors of which, or any of them, would be disqualified under paragraph (1) from obtaining the license individually, or a stockholder of which, owning or controlling twenty-five per cent or more of the outstanding capital stock, or to a general partnership, limited partnership, limited liability partnership, or limited liability company whose partner or member holding twenty-five per cent or more interest of which, or any of them would be disqualified under paragraph (1) from obtaining the license individually; provided that for publicly-traded corporations and limited liability companies or corporations or limited liability companies ultimately solely owned by a publicly-traded company, only the officers, directors, managers, or members designated as primary decision-makers shall be considered to determine disqualification under paragraph (1);

(3) Unless the applicant for a license or a renewal of a license, or in the case of a transfer of a license, both the transferor and the transferee, present to the issuing agency a tax clearance certificate from the department of taxation showing that the applicant or the transferor and transferee do not owe the state government any delinquent taxes, penalties, or interest; or that the applicant, or in the case of a transfer of a license, the transferor or transferee, has entered into an installment plan agreement with the department of taxation for the payment of delinquent taxes in installments and that the applicant is or the transferor or transferee is, in the case of a transfer of a license, complying with the installment plan agreement; provided that when the applicant or the transferor or transferee, in the case of a transfer of a license, is validly challenging a tax assessment, penalty, or other proceeding that prevents the issuance of a signed certificate from the appropriate federal or state tax agency, the commission shall issue a license that is valid for the period of time necessary to resolve the challenge;

(4) To an applicant for a class 2, class 4 except for convenience minimarts, class 5, class 6, class 11, class 12, class 13, class 14, class 15, class 17, or class 18 license unless the applicant for issuance of a license or renewal of a license, or in the case of a transfer of a license, both the transferor and the transferee, present to the issuing agency proof of liquor liability insurance coverage in an amount of $1,000,000; or

(5) To any applicant who has had any liquor license revoked less than two years previous to the date of the application for any like or other license under this chapter. [L Sp 1933, c 40, §26; RL 1935, §2595; RL 1945, §7247; RL 1955, §159-45; am L 1957, c 293, §1 and c 321, §1(e); am L 1965, c 121, §1; HRS §281-45; am L 1982, c 65, §1; am L 1985, c 155, §2; am L 1987, c 223, §2; am L 1990, c 171, §14; am L 1991, c 101, §1; am L 2008, c 168, §9; am L 2009, c 177, §2 and c 184, §8; am L 2010, c 198, §3; am L 2014, c 211, §5; am L 2016, c 12, §2; am L 2017, c 184, §3; am L 2018, c 25, §1; am L 2021, c 66, §2]

Cross References

Criminal history record checks, see §846-2.7.

Effect of conviction of a crime, see §831-3.1.

Attorney General Opinions

Taxpayer's agreement to pay its delinquent taxes, pursuant to a payment schedule, does not satisfy the requirements for liquor license renewal under this section and §231-28. Att. Gen. Op. 95-1.