Bill Text: HI SB464 | 2013 | Regular Session | Amended

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Bill Title: Liquor Commissions; Rules; Dancing

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Engrossed - Dead) 2013-03-07 - Referred to EDB, CPC/JUD, referral sheet 30 [SB464 Detail]

Download: Hawaii-2013-SB464-Amended.html

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STAND. COM. REP. NO. 485

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 464

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 464 entitled:

 

"A BILL FOR AN ACT RELATING TO LIQUOR COMMISSIONS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to authorize county liquor commissions to prescribe, by rules, limitations on licensed premises regarding the expression and conduct of patrons in the premises.

 

     Your Committee received testimony in support of this measure from the American Civil Liberties Union of Hawaii and nine individuals.  Your Committee received testimony in opposition to this measure from the Liquor Commission, City and County of Honolulu and Department of Liquor Control, County of Maui.

 

     Your Committee finds that the County of Maui passed an ordinance that prohibits dancing in bars and restaurants that serve alcohol unless the dancing takes place on a designated dance floor.  However, the ordinance fails to define dancing and leaves business owners and patrons without notice as to what movements would be considered "dancing."  This measure requires county liquor commissions to prescribe by rule any limitations on licensed premises regarding dance, including a definition of "dancing" to avoid vagueness and ambiguity.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the description of the regulated behavior from "expression and conduct of patrons" to "dancing";

 

     (2)  Requiring only those county liquor commissions that choose to regulate dancing to adopt or amend rules regarding dancing; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 464, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 464, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

 

		____________________________ WILL ESPERO, Chair