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| 1 | - | THE SENATE S.B. NO. 922 THIRTY-FIRST LEGISLATURE, 2021 | |
| 1 | + | THE SENATE S.B. NO. 922 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO LIQUOR LICENSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | THE SENATE S.B. NO. 922 | |
| 4 | - | THIRTY-FIRST LEGISLATURE, 2021 | |
| 4 | + | THIRTY-FIRST LEGISLATURE, 2021 | |
| 5 | 5 | STATE OF HAWAII | |
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| 7 | 7 | THE SENATE | |
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| 9 | 9 | S.B. NO. | |
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| 11 | 11 | 922 | |
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| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2021 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | RELATING TO LIQUOR LICENSES. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Section 281-53.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "(a) The respective county liquor commissions may request a criminal history record check covering the preceding ten-year period 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 at any time of a crime | |
| 47 | + | SECTION 1. Section 281-53.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "(a) The respective county liquor commissions may request a criminal history record check covering the preceding ten-year period 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 at any time of a crime[; that would tend to indicate the applicant may be unsuited for obtaining a liquor license] related to products regulated by Chapter 51 or 52 of the Internal Revenue Code or the Federal Alcohol Administration Act; 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[;] within the last ten years; (2) Written consent to request and obtain criminal history record information for verification; and (3) Permission to be fingerprinted." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ | |
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| 49 | 49 | SECTION 1. Section 281-53.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: | |
| 50 | 50 | ||
| 51 | 51 | "(a) The respective county liquor commissions may request a criminal history record check covering the preceding ten-year period 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: | |
| 52 | 52 | ||
| 53 | - | (1) The applicant has been convicted in any jurisdiction at any time of a crime | |
| 53 | + | (1) The applicant has been convicted in any jurisdiction at any time of a crime[; that would tend to indicate the applicant may be unsuited for obtaining a liquor license] related to products regulated by Chapter 51 or 52 of the Internal Revenue Code or the Federal Alcohol Administration Act; and | |
| 54 | 54 | ||
| 55 | 55 | (2) The judgment of conviction has not been vacated. | |
| 56 | 56 | ||
| 57 | - | 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 | |
| 57 | + | 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. | |
| 58 | 58 | ||
| 59 | 59 | (b) The applicant shall submit to the liquor commission: | |
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| 61 | 61 | (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[;] within the last ten years; | |
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| 63 | 63 | (2) Written consent to request and obtain criminal history record information for verification; and | |
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| 65 | 65 | (3) Permission to be fingerprinted." | |
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| 67 | 67 | SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
| 68 | 68 | ||
| 69 | 69 | SECTION 3. This Act shall take effect upon its approval. | |
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| 71 | - | Report Title: Liquor License; Liquor Commission; Criminal History Description: Limits the period of years that criminal convictions may be used by the liquor commission in review of an application to the most recent ten years. Mandates an applicant to disclose specific disqualifying convictions related to certain federal and state laws related to products regulated pursuant to chapters 51 or 52 of the Internal Revenue Code or the Federal Alcohol Administration Act. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 73 | + | INTRODUCED BY: _____________________________ | |
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| 75 | + | INTRODUCED BY: | |
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| 77 | + | _____________________________ | |
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| 83 | + | Report Title: Liquor License; Liquor Commission; Criminal History Description: Limits the convictions that may be used by the liquor commission in review of an application from convictions in the most recent ten years. Mandates an applicant to disclose specific disqualifying convictions related to any federal or state law related to products regulated by Chapter 51 or 52 of the Internal Revenue Code or the Federal Alcohol Administration Act. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 77 | 89 | Report Title: | |
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| 79 | 91 | Liquor License; Liquor Commission; Criminal History | |
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| 82 | 94 | ||
| 83 | 95 | Description: | |
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| 85 | - | Limits the | |
| 97 | + | Limits the convictions that may be used by the liquor commission in review of an application from convictions in the most recent ten years. Mandates an applicant to disclose specific disqualifying convictions related to any federal or state law related to products regulated by Chapter 51 or 52 of the Internal Revenue Code or the Federal Alcohol Administration Act. | |
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| 93 | 105 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |