HRS § 244D-1 — Definitions


§244D-1 Definitions. Wherever used in
this chapter, unless the context otherwise requires:
"Alcohol" means ethyl alcohol,
hydrated oxide of ethyl, or spirits of wine, from whatever source or by
whatever process produced.
"Beer" means any alcoholic beverage
obtained by the fermentation or any infusion or decoction of barley, malt,
hops, or any other similar product, or any combination thereof in water, and
includes ale, porter, brown, stout, lager beer, small beer, and strong beer but
does not include sake, known as Japanese rice wine, or cooler beverage.
"Cooler beverage" means either a:
(1) Wine cooler containing wine and more than fifteen
per cent added natural or artificial blending material, such as fruit juices,
flavors, flavorings, or adjuncts, water (plain, carbonated, or sparkling),
colorings, or preservatives, and that contains less than seven per cent of
alcohol by volume; or
(2) Malt beverage cooler containing beer and added
natural or artificial blending material, such as fruit juices, flavors,
flavorings, colorings, or preservatives, and that contains less than seven per
cent of alcohol by volume.
"Dealer" means the holder of a
manufacturer's license, wholesaler's license, brewpub's license, winery's
license, or small craft producer's license under the liquor law.
"Distilled spirits" means an
alcoholic beverage obtained by the distillation of fermented agricultural
products, and includes alcohol for beverage use, spirits of wine, whiskey, rum,
brandy, and gin, including all dilutions and mixtures thereof, but does not
include beer, draft beer, cooler beverage, or wine.
"Draft beer" means beer in an
individual container of five gallons or more.
"Gallon" or "wine gallon"
means that liquid measure containing one hundred twenty-eight fluid ounces
(3.7854 liters).
"Licensed premises" shall have the
same meaning as the term is used in chapter 281.
"Liquor" has the same meaning as set
forth in section 281-1 and includes alcohol, and the liquor categories: beer,
draft beer, cooler beverage, distilled spirits, and wine.
"Liquor commission" or "commission"
means the liquor commission of each county.
"Liquor law" means chapter 281.
"Permittee" means the holder of a
permit provided for in section 244D-2.
"Person" means an individual,
partnership, society, unincorporated association, joint adventure, group, hui,
joint stock company, corporation, trustee, or other fiduciary, or other entity.
"Sale" means any transfer of title or
possession, or both, exchange or barter, in any manner or by any means
whatsoever, for a consideration.
"Sparkling wine" means champagne and
any other effervescent wine charged with more than 0.392 grams of carbon
dioxide per 100 milliliters of wine, whether artificially or as a result of
secondary fermentation of wine within the container.
"Still wine" means any nonsparkling
wine and shall include those wines containing not more than 0.392 grams of
carbon dioxide per 100 milliliters of wine.
"Unit price" for a liquor category
taxed under this chapter shall be equal to the total dollar volume of taxable
sales, exclusive of all federal and state excise taxes, reported for such
liquor category, divided by the total gallons of taxable sales reported for such
liquor category over the same period.
"Use" means any use, whether such use
is of such nature as to cause the property to be appreciably consumed or not,
or the keeping of such property for such use or for sale, and shall include the
exercise of any right or power over tangible personal property incident to the
ownership of that property.
"Wine" means the product obtained
from normal alcoholic fermentation of the juice of sound ripe grapes or other
agricultural products containing natural or added sugar or any such alcoholic
beverage to which is added grape brandy, fruit brandy, or spirits of wine,
which is distilled from the particular agricultural product or products of
which the wine is made and other rectified wine products and by whatever name
and which contains not more than twenty-four per cent of alcohol by volume, and
includes vermouth and sake, known as Japanese rice wine, but does not include
cooler beverage.