NOTICE OF PUBLIC HEARING

Pursuant to Chapters 91 and 92 of the Hawaii Revised Statutes, notice is hereby given that the Liquor Control Commission ("Commission"), County of Maui, will hold a public hearing for the purpose of adopting revisions to the rules relating to the administration, practice and procedure of the Board.

The hearing will be held at the County of Maui Service Center, Suite 212A Conference Room, 110 Ala’ihi Street, Wailuku, Hawaii 96732, on April 9, 2025, 9:00 a.m., or as soon thereafter as those interested may be heard. Parties may attend the meeting virtually via computer or mobile device using WebEx platform. To observe the public hearing or provide video testimony from an electronic device, log onto https://www.webex.com and enter Meeting Number: 2661 523 6572. To listen to the public hearing or provide oral testimony by phone, dial 1 (650) 479-3208, and enter Meeting Number: 2661 523 6572.

All interested persons may present their views on the subject orally or in writing. Written testimonies will be received up to and including the date and time of the hearing. They should be addressed to Liquor Control Commission, 110 Ala’ihi Street, Suite 212, Kahului, Hawaii 96732, or emailed to liquorcommission@mauicounty.gov, or presented in person at the time of the public hearing.

The proposed amendment to be adopted is set forth below.

CHAPTER 101

Rules Governing the Manufacture and Sale of Intoxicating
Liquor of the County of Maui

Section 08-101-33 Rules Governing the Manufacture and Sale of Intoxicating Liquor of the County of Maui, is amended to read as follows:

Ҥ08-101-33 Renewal of license. (a) [Other than for good cause, the renewal of an existing license shall be granted upon the filing of a completed application, payment of the basic fee, submission of State tax clearance, and other required documents. State tax clearance shall be dated within ninety days of the acceptance of the application by the department.] The renewal of an existing license shall be granted upon the filing of the following:
(1) A completed application for renewal of liquor license.
(2) State tax clearance (original or certified copy) or an approved Certificate of Vendor Compliance from the Hawaii Compliance Express dated within 90 days of the acceptance of the application by the department.
(3) Certificate of Liquor Liability Insurance (for Class 2, 4, 5, 6, 11, 12, 13, 14, 15 and 18).
(4) Basic fee payment.
[(b) If complaints from the public, reports from the commission’s investigators, or adjudications of the commission, or the board indicate that noise created by patrons departing from the premises disturbs residents on the street, or of the neighborhood in which the premises is located, or that noise from the premises, or adjacent related outdoor areas under the licensee’s control, such as parking lots or lanais, exceed standards contained in State, County, or commission noise codes, and intrudes into nearby residential units, the commission may withhold the issuance of a renewed license until corrective measures meeting the commission’s approval are taken.
(c) The commission, at the time of renewal or at any time, may revoke, suspend, or place conditions or restrictions on any license issued under the rules of the commission for the purpose of preventing activities within the licensed premises or adjacent areas under the licensee’s control that are potentially injurious to the health, safety, and welfare of the public including, but not limited to, criminal activity, including assault, drug dealing, drug use, or prostitution, upon petition of the administrator of the appropriate county agency, proper notice to the licensee, and a hearing before the commission pursuant to chapter 91, HRS.
(d) The commission shall deny renewal of a class 2, class 4, class 5,
class 6, class 11, class 12, class 13, class 14, class 15, or class 18 license if the applicant for renewal fails to present proof of the liquor liability insurance required by section 281-31(s), HRS.]
[(e)] (b) [In no case shall any] All applications for renewal of a liquor license must be accepted [for filing] by the department prior to the 1st day of April or after 4:30 p.m. of the 15th day of June next preceding the date of expiration of the existing license. Upon the showing of good cause, the director may make a determination to accept any application for renewal of a liquor license after 4:30 p.m. of the 15th day of June. If the 15th of June falls on Saturday, Sunday, or legal County of Maui holiday, the last day for the application for renewal of a liquor license shall be 4:30 p.m. on the first County of Maui working day following. In no case shall any application for renewal of liquor license be accepted for filing by the department after 4:30 p.m. of the 30th day of June.
[(f) In no case shall any application for renewal of a liquor license be accepted unless it includes the completed application, basic fee payment, State tax clearance and all other required documents.]
[(g)] (c) Subject to the provisions of the liquor laws of the State, the director may act on any application for the issuance, renewal, or the transfer of any license or permit for which public hearing is not required.” [Eff 7/1/00; am and comp 7/15/02; am and comp 4/22/12; am and comp 6/18/15; am and comp 3/4/17; am and comp 1/14/18; am and comp 12/30/18; am and comp 8/12/19; am and comp ] (Auth: HRS §§ 91-2, 281-17) (Imp: HRS §281-17)