§281-17.5 Fees; justified, method of change, limitation. (a) Any liquor license fee or any increase in an existing liquor license fee sought to be implemented by any commission shall have, as its justification, a direct and proportionate relationship to costs and expenses of the commission in its control, supervision, or regulation of the manufacture, importation, and sale of liquors, or otherwise directly relate to actual costs and expenses of administration of the commission as is set forth in this chapter.
(b) Any such liquor license fees or any moneys collected or received by any liquor commission under this chapter may only be used for costs and expenses directly relating to operational and administrative costs actually incurred by the liquor commission collecting or receiving such liquor license fees or moneys. Such fees or moneys shall not be used for any costs or expenses other than those directly relating to its operation and administration, except as otherwise provided by law.
(c) Any increase in the liquor license fee structure shall only be initiated by the liquor commission seeking the change with the approval of the county's legislative body and mayor.
(d) Any liquor commission seeking a change in liquor license fee structure shall notify all licensees under this chapter affected by the change of the proposed change and shall notify each such licensee of the outcome and resolution of the change.
(e) Any liquor commission which currently receives a license fee from a licensee in excess of the amount prescribed by this section shall immediately revise its liquor license fee structure to conform with the requirements of this section. Any funds in excess of twenty per cent of the commission's current budget shall be returned or credited annually to existing licensees. [L 1980, c 304, §2; am L 1987, c 252, §2; am L 1996, c 96, §1; am L 1997, c 5, §1; am L 2008, c 168, §3]
Attorney General Opinions
Term "funds" in subsection (e) synonymous with "fees". Att. Gen. Op. 92-02.
Structure Hawaii Revised Statutes
281-2 Excepted articles; penalty.
281-3 Illegal manufacture, importation, or sale of liquor.
281-4 Liquor consumption on unlicensed premises prohibited, when.
281-11.5 Liquor commission and board attorney.
281-12 Commission and board office.
281-15 Reports, accounts, audit.
281-17 Jurisdiction and powers.
281-17.5 Fees; justified, method of change, limitation.
281-19 Hearings, attendance, examinations.
281-20 General right of inspection.
281-22 Political activities of commission employees.
281-32.5 Permits for trade shows or other exhibitions.
281-33 Special powers, privileges, and rights.
281-33.1 Individual permits to receive shipments of liquor.
281-33.6 Direct shipment of wine by wineries.
281-33.8 Reporting of shipments by carriers.
281-34 Sham operation under club license; supervision.
281-35 Special conditions; club licenses.
281-35.5 Special conditions; condominium hotel licenses.
281-38 Conditions of licenses.
281-39 Place of business; exception; solicitors' and representatives' permits.
281-39.5 Liquor license prohibited; where.
281-42 Manufacturers and wholesale dealers, special restrictions.
281-44 Advertisements and signs upon licensed premises.
281-45 No license issued, when.
281-47 Standard bar; music and dancing available.
281-53 Application; penalty for false statements.
281-53.5 County liquor commissions; criminal history record check.
281-54 Filing fees with application.
281-55 Reference to investigator.
281-56 Report by investigator.
281-57 Preliminary hearing; notice of public hearing.
281-62 Reduction or increase in area of licensed premises.
281-73 Quality of liquor; penalty.
281-76 Tampering with samples; penalty.
281-77 Refusal of samples; penalty.
281-78.5 Practices to promote excessive consumption of liquor; prohibited.
281-79 Entry for examination; obstructing liquor commission operations; penalty.
281-84 Exclusion of intoxicated person from premises; penalty.
281-85 Prize, gift, premium, and other inducement.
281-91 Revocation or suspension of license; hearing.
281-93 Reports to prosecuting officers.
281-94 Forfeiture of fee paid.
281-95 Bankruptcy, insolvency, death.
281-97 When sale without license authorized.
281-101 Unlicensed manufacture or sale of liquor; penalty.
281-101.4 Hearing, illegal manufacture, importation, or sale of liquor.
281-101.5 Prohibitions involving minors; penalty.
281-102 Other offenses; penalty.
281-102.5 Purchasing from other than primary source of supply; penalty.
281-104 Investigators, employees, counsel for.
281-105 Determination whether acts were in scope of duty.
281-106 Prosecutions not to exclude other remedies affecting license or goods.
281-108 Search warrants; seizure.
281-109 Seizure without warrant.