Bill Text: HI HB942 | 2012 | Regular Session | Introduced
Bill Title: Liquor Commission
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB942 Detail]
Download: Hawaii-2012-HB942-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
942 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INTOXICATING LIQUOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 281, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§281‑ Alcohol servers; mandatory training. (a) In addition to the powers of the liquor commission under section 281-17, the liquor commission shall conduct mandatory training for alcohol servers employed by licensees holding all classes of liquor licenses, except a manufacturers' license or wholesale dealers' license. The mandatory training program shall consist of, among other things, instruction in:
(1) Recognizing alcohol intoxication;
(2) Dealing with intoxicated customers;
(3) The liability of a liquor establishment for serving intoxicated customers; and
(4) Statutory prohibitions regarding intoxicating liquor contained in section 281-78.
Every alcohol server employed by a licensee subject to this chapter shall be required to complete a mandatory training program within thirty days of the date of commencement of employment; provided that the alcohol server shall be required to complete the mandatory training program for each licensee with whom the alcohol server is employed at any one time.
(b) The liquor commission shall keep a record of every employee who completes the mandatory training under this section, including the:
(1) Name, age, address, and phone number of the employee;
(2) Name, address, phone number, and license number of the licensee with whom the employee is employed; and
(3) Date the employee commenced employment with the licensee with whom the employee is employed.
The record shall be available for inspection at any time during normal business hours by an investigator of the liquor commission to determine whether a particular alcohol server has completed the mandatory training.
(c) The liquor commission may contract with a private entity for purposes of providing the mandatory training.
(d) For purposes of this section, "alcohol server" means any person who:
(1) Takes orders for alcoholic beverages, beer, or wine to be consumed on the premises;
(2) Delivers alcoholic beverages, beer, or wine to customers for consumption on the premises;
(3) Opens alcoholic beverages, beer, or wine or pours alcoholic beverages, beer, or wine into a customer's glass at the customer's table on the premises;
(4) Draws beer or wine from a tap or alcohol from a dispensing device on the premises;
(5) Manages the premises; or
(6) Is a bartender on the premises.
SECTION 2. Section 281-17.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(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[.];
provided that the cost of providing mandatory training for alcohol servers
shall be deemed to meet the direct and proportionate relationship requirement.
(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, including mandatory training for
alcohol servers, directly relating to operational and administrative costs
actually incurred by the liquor commission collecting or receiving such liquor
license fees or moneys. [Such] The fees or moneys shall not be
used for any costs or expenses other than those directly relating to its
operation and administration, including mandatory training for alcohol
servers, except as otherwise provided by law."
SECTION 3. For the purposes of section 1 of this Act, the counties' authorization to collect liquor license fees, provided for in section 281-17.5, Hawaii Revised Statutes, shall constitute the State's share of the cost of mandated programs under article VIII, section 5 of the state constitution.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2012.
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INTRODUCED BY: |
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Report Title:
Liquor Commission
Description:
Requires the liquor commission to provide alcohol servers with mandatory training on serving alcohol.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
