§281-39 Place of business; exception; solicitors' and representatives' permits.

506 words·~2 min read·/hi/chapter-281/281-39

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A license issued under this chapter shall authorize the doing of the business licensed only at the place described in the license, which shall be known as the licensed premises, except:

(1)In case of a removal with the prior written consent of the liquor commission indorsed on the license, or outside warehousing which may be located off the licensed premises with prior written consent of the liquor commission;

(2)That the units that are used to provide transient lodging under a class 15 license may change from time to time; provided that the condominium hotel operator shall submit quarterly to the commission the list of units being utilized as part of the condominium hotel and maintain a current list pursuant to section 281-35.5 at a condominium hotel for inspection by any authorized employee of the commission; and

(3)Any provision to the contrary notwithstanding, that a licensee holding a class 4 retail dealer license may deliver a customer's purchased liquor to the customer's vehicle located at a nearby curbside or other designated location.

(b)Except for a condominium hotel operator under a class 15 license, no change of premises under any issued license shall be allowed unless the doing of business on the new premises is authorized in the same manner as provided by this chapter for approval of any original premises; provided that the holder of any manufacturer's license or a wholesale dealer's license issued by the commission of any county may, through authorized solicitors or representatives, solicit and take orders for direct shipment of liquor in permitted quantities in any other county.

(c)Any person desiring to act as the authorized solicitor or representative of a manufacturer or wholesale dealer in any county shall make application to the commission of such county in which the person proposes to act for a permit to act as such.

(d)The application shall state the name of the applicant, the applicant's age, residence, and place of business, the name and address of the manufacturer or wholesale dealer the applicant represents and shall be accompanied by a statement from the manufacturer or wholesale dealer to the effect that the applicant has been appointed as its solicitor or representative. All sales and all orders taken for liquor by any such solicitor or representative shall be subject to the rules and regulations of the commission for the county within which the sales are made or orders taken. No solicitor or representative shall be permitted to have, own, or control any liquor for sale. [L Sp 1933, c 40, §21; RL 1935, §2590; am L 1939, c 205, pt of §1; RL 1945, §7242; RL 1955, §159-39; am L 1957, c 321, §1(c); am L 1965, c 31, §1(5); HRS §281-39; am L 1969, c 225, §1(c); am L 1972, c 177, §4; am L 1979, c 4, §1; gen ch 1985; am L 2007, c 53, §4; am L 2008, c 168, §8; am L 2023, c 65, §2]