§281-56 Report by investigator. (a) On every application referred to the investigator under section 281-55, the investigator shall report in writing to the liquor commission and, if the application is for a license of any class other than class 8, class 9, or class 10, such report shall include:
(1) A description of the premises intended to become the licensed premises, and the equipment and surrounding conditions, including the relationship to surrounding residences which may share a common boundary or a common structure with the premises proposed for licensing;
(2) If the application is made by a person who has held a prior license for the same or any other premises within two years past, a statement as to the manner in which the premises have been operated and the business conducted under the previous license;
(3) The locality of any church, chapel, or school, if any, within a distance of five hundred feet from the nearest point of the premises for which the license is asked to the nearest point of the church, chapel, or school grounds;
(4) The number, position, and distance from the premises, in respect of which a license is applied for, of any other licensed premises of the same class in the neighborhood;
(5) The number of licenses of the same class or kind already issued and being lawfully exercised within the county;
(6) Whether or not in the opinion of the investigator the applicant is a fit and proper person to have a license;
(7) Whether or not the applicant is for any reason disqualified by this chapter from obtaining or exercising a license; and whether or not the applicant has complied with all the requirements of this chapter relative to the making and filing of the applicant's application;
(8) For the next application for a license that was previously denied, refused, or withdrawn, evidence, to be provided by the applicant, of a substantial change in the circumstances that caused the previous denial, refusal, or withdrawal; and
(9) Any and all other matters and things, that in the judgment of the investigator pertain to or affect the matter of the application, or the issuance or the exercise of the license applied for; provided that when the license application is for premises within a county with a population of five hundred thousand residents or more, the report shall specify the possible adverse effects the premises, after licensing, may have on the surrounding community.
(b) A copy of the report shall be furnished to the applicant not less than forty-eight hours before any hearing is had upon the application. Upon written request, a copy of the report shall be furnished to any requester.
(c) The applicant and any protester may challenge findings contained in the investigator's report before or at any hearing on the application. [L Sp 1933, c 40, §31; RL 1935, §2600; am L 1937, c 211, §15; am L 1939, c 205, pt of §1; am L Sp 1941, c 89, §1(c); RL 1945, §7252; am L 1945, c 217, §1; RL 1955, §159-55; HRS §281-56; am L 1971, c 113, §1; am L 1975, c 55, §4; gen ch 1985; am L 1990, c 171, §17; am L 2001, c 257, §5; am L 2002, c 120, §3; am L 2008, c 168, §12]
Cross References
Zero tolerance policy for drugs and weapons, see §302A-1134.6.
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.