HRS § 244D-2 — Permit


§244D-2 Permit. (a) It shall be
unlawful for any dealer to sell liquor unless a permit has been issued to the
dealer as hereinafter prescribed, and such permit is in full force and effect.
(b) The liquor commission shall certify to the
department the name of every dealer, together with the dealer's place of
business and the period covered by the dealer's license. The department shall
issue its permit to such person for the period covered by the person's license
upon the payment of a permit fee of $2.50. The permit shall be issued by the
department as of the date when the liquor commission issued the license.
(c) Any permit issued under this chapter shall
be for the period covered by dealer's license; it shall not be assignable; it
shall be conspicuously displayed on the licensed premises of the permittee; it
shall expire upon the expiration of the period covered by the permittee's
license, or on June 30 next succeeding the date upon which it is issued,
whichever is earlier, unless sooner suspended, surrendered, or revoked for good
cause by the department; and it shall be renewed annually before July 1, upon
fulfillment of all requirements as in the case of an original permit and the
payment of a renewal fee of $2.50. Whenever a permit is defaced, destroyed, or
lost, or the licensed premises are relocated, the department may issue a
duplicate permit to the permittee upon the payment of a fee of 50 cents.
(d) The department may suspend, revoke, or
decline to renew any permit issued under this chapter whenever the department
finds that the applicant or permittee has failed to comply with this chapter or
any rule adopted under this chapter, or for any other good cause. Good cause
includes but is not limited to instances where an applicant or permittee has:
(1) Submitted a false or fraudulent application or
provided a false statement in an application;
(2) Possessed or displayed a false or fraudulent
permit;
(3) Failed to comply with, violated, or been
convicted of violating any county, state, or federal law directly pertaining to
the sale, importation, acquisition, possession, distribution, transportation,
or smuggling of liquor; or
(4) Failed to maintain complete and accurate records
when and if required to be kept.
Upon suspending or revoking any permit, the
department may request that the permittee surrender the permit or any duplicate
issued to, or printed by the permittee, and the permittee shall surrender the
permit or duplicate promptly to the department as requested.
(e) Whenever the department suspends, revokes,
or declines to renew a permit, the department shall notify the applicant or
permittee immediately and afford the applicant or permittee a hearing, if
desired; provided that a hearing has not already been afforded. The department
shall provide no less than thirty days' notice to the applicant or permittee of
a hearing afforded under this subsection. After the hearing the department
shall:
(1) Rescind its order of suspension;
(2) Continue the suspension;
(3) Revoke the permit;
(4) Rescind its order of revocation;
(5) Decline to renew the permit; or
(6) Renew the permit.