Hawaii Revised Statutes 281-79 – Entry for examination; obstructing liquor commission operations; penalty
Terms Used In Hawaii Revised Statutes 281-79
- Investigator: means any investigator of the commission in each case for the county wherein the commission has jurisdiction. See Hawaii Revised Statutes 281-1
- License: means any license granted under this chapter. See Hawaii Revised Statutes 281-1
- licensed premises: means the building and property that houses the establishment for which a license has been or is proposed to be issued; provided that in the case of class 12 hotel license, "premises" includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes units, as defined in § 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. See Hawaii Revised Statutes 281-1
- Licensee: includes also all agents, servants, and employees of the holder of a license. See Hawaii Revised Statutes 281-1
- Person: means and includes natural persons, associations, copartnerships, limited liability companies, and corporations, and also includes any agent, servant, and employee of such person. See Hawaii Revised Statutes 281-1
- premises: includes the hotel premises; provided further that in the case of a class 15 condominium hotel license, "premises" includes units, as defined in § 514B-3, that are used to provide transient lodging for periods of less than thirty days under a written contract with the owner or owners of each unit in, and common elements for access purposes as established by the declaration of condominium property regime of, the condominium hotel; and provided further that if an establishment is in a retail shopping complex the businesses of which have formed a merchants association, "premises" means the establishment. See Hawaii Revised Statutes 281-1
Every investigator shall, and any officer having police power may, at all reasonable times, and at any time whatsoever if there is any reasonable ground for suspicion that the conditions of any license are being violated, without warrant enter into and upon any licensed premises and inspect the same and every part thereof, and any books or records therein, to ascertain whether or not all conditions of the license and all provisions of this chapter are being complied with by the licensee.
If any investigator or officer, or any person called by the investigator or officer to the investigator’s or officer’s aid, is threatened with the use of violence, force, or physical interference or obstacle, or is hindered, obstructed, or prevented by any licensee, the licensee’s employees, or any other person from entering into the premises, or whenever any investigator or officer is by any licensee, the licensee’s employees, or any other person opposed, obstructed, or molested in the performance of the officer’s duty in any respect, the licensee, the licensee’s employee, or any other person shall be fined not more than $2,000 or imprisoned not more than one year, or both.
Whenever any investigator or officer, having demanded admittance into any licensed premises and declared the investigator’s or officer’s name and office, is not admitted by the licensee or the person in charge of the premises, it shall be lawful for the investigator or officer to forcibly and in any manner to break into and enter the premises.