§281-53.5 County liquor commissions; criminal history record check. (a) The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section 846-2.7; provided that neither a criminal history record check nor compliance with this section shall be required for the officers and directors of publicly-traded companies or entities ultimately solely owned by a publicly-traded company, who are not designated as primary decision-makers regarding the sale or purchase of liquor. The criminal history record check, at a minimum, shall require the applicant to disclose whether:
(1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and
(2) The judgment of conviction has not been vacated.
For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information which shall include but not be limited to the applicant's name, social security number, date of birth, and gender. This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section.
(b) The applicant shall submit to the liquor commission:
(1) A statement signed under penalty of law as to whether the applicant has ever been convicted of a crime other than a minor traffic violation;
(2) Written consent to request and obtain criminal history record information for verification; and
(3) Permission to be fingerprinted.
(c) The liquor commission shall obtain criminal history record information through the Hawaii criminal justice data center on the applicant. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to applicable federal laws and regulations currently or hereafter in effect. [L 2003, c 95, §3; am L 2017, c 184, §5]
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.