PUBLIC HEARING NOTICE
PROPOSED AMENDMENTS TO RULES AND REGULATIONS
LIQUOR COMMISSION OF THE COUNTY OF HAWAI’I
Pursuant to Chapter 91, Hawai’i Revised Statutes, the County of Hawai’i Liquor Commission will hold public hearings regarding proposed amendments to its Rules and Regulations.
Public hearings to be held on:
Thursday, November 7, 2024
1:00 p.m.
Hilo Liquor Control Conference Room
101 Aupuni Street, Unit 230
Hilo, Hawai’i
Thursday, December 5, 2024
1:00 p.m.
Kona Liquor Control Conference Room
75-5706 Kuakini Highway, Suite 107
Kailua-Kona, Hawaii
To accept public testimony on the proposed amendments. Written testimony must be received no later than December 2, 2024, and may be mailed or delivered to the Department of Liquor Control, 101 Aupuni Street, Unit 230, Hilo, HI 96720; sent by fax to (808) 961-8684; or emailed to cohdlc@hawaiicounty.gov. All testimony will be included in the record of the hearing.
The significant changes are summarized as follows:
RULE 1-1 Definition of “Growler.”
Definition of “Written” or “Writing” to include electronic format.
RULE 1-5 Allow quorum at electronic meeting.
*Do we need to say “properly noticed.”
RULE 1-11(B) Add changes to County of Hawaii.
*Add Island of Hawaii reference.
RULE 3-1 (B) Manufacturing – delete amendment – redundant.
Changes to higher class treated like a new license; lower class can be done without public notice.
Restaurant licenses can be issued immediately with a pledge to meet 30%.
May sell to-go liquor.
(E) Class 4 Retail Dealer – curbside delivery will be permitted.
(K) Class 10 Special – increase the amount of liquor which:
Non-profits may offer at auction.
Define documents needed to accompany an application.
Delete fee structure for special licenses.
(M) Class 12 Hotels – delete room requirements for class.
Authorize the sale of growlers not to exceed capacity of one half-gallon.
(O) Class 14 Brewpub – amend size of growlers.
May open secondary locations.
Minors may accompany parents/legal guardians onto premises.
May provide catering operations of food and alcohol.
May sell to-go liquor with meal service.
(Q) Class 16 Winery – magnum does not need to be a glass container.
Allow catering.
May sell to-go liquor with meal service.
(R) Class 18 Small Craft Producer – increase production of malt beverage to 70,000.
Include wine in production.
Include growler size to one gallon.
May open secondary locations.
Allow minors to accompany parents/legal guardians.
May provide catering operations of food and alcohol.
May sell to-go liquor with meal service.
RULE 3-3 Basic Fees – eliminate fees for special.
RULE 3-7 Direct Shipment of wine by wineries – add report of who shipped to.
RULE 3-8 Hours of Business – allow manufacturers/wholesalers – 24 hours open.
RULE 4-2 License Application/Transfer – eliminate need for IRS tax clearance.
(I)- Additions/Withdrawals – allow 90 days to notify Commission of changes.
(M) – Approval and Issuance – allow extension for 12 months.
RULE 4-3 Temporary – Amend original within 45 days requirements – does not have to apply for same class, kind and category as previous licensee.
RULE 4-6 Corporations/Partnerships/LLC
*LLC – should make generic to recognize any type of business.
Include language regarding transfer of Membership Interest.
Remove fit and proper reference.
Allow 90 days to notify Commission of changes.
RULE 4-7 Renewals – eliminate IRS requirement.
Amended submission date to June 15th of each year
RULE 4-8 Reduction/Increase – extend to 12 permits.
RULE 5-1 Employee Records – eliminate SSN requirement.
RULE 5-6 Stacking of Liquor – increase size to 32 ounces for beer.
RULE 5-8 Premises – eliminate Department of Health approval re restrooms.
RULE 5-10 Possession of Liquor Laws – add electronic or digital copy as acceptable.
RULE 6-1 (D) Minors in Licensed Premises – amended wording to: person in active charge of the premises
RULE 6-2 Drive-In Retail Sales – permitted.
Request for hardcopies of the proposed rule amendments available for purchase ($1.00 for the first page, 10¢ each additional page, plus postage) will be fulfilled after payment of fees are received. Send requests by email: cohdlc@hawaiicounty.gov, fax: (808) 961-8684, phone: (808) 961-8218, or mail/walk-in: Department of Liquor Control, 101 Aupuni Street, Unit 230, Hilo, HI 96720, or free for download online at http://www.hawaiicounty.gov/liquor-control/.
Anyone requiring auxiliary aid / service or other accommodation due to a disability, contact the Department of Liquor Control at (808) 961-8218, or by email at cohdlc@hawaiicounty.gov, as soon as possible. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request, this notice is available in alternate accessible formats.
The rule amendments being adopted herein do not affect any identified Native Hawaiian traditional and customary practices. Furthermore, if there are any adverse effects to any identified Native Hawaiian traditional and customary practices such affects are minimal and, when balanced with the State’s/County’s regulatory right, is overwhelmingly outweighed by the State’s/County’s interest in regulating the manufacture, importation, sale, and consumption of intoxicating liquors in the County of Hawai’i.
Duly Submitted:
GERALD TAKASE
Director, Department of Liquor Control
(WHT1470332 10/5, 11/2/24)
