HomeMy WebLinkAboutResolution No. 2016-55COUNTY COUNCIL
COUNTY OF KAUAI
� , C.5 10 t U t t" 0 ti No. zob -ss
RESOLUTION RELATING TO INCREASES IN THE
LIQUOR LICENSE FEE STRUCTURE
WHEREAS, Hawaii Revised Statutes Section 281- 17.5(c) states: "Any increase
in the liquor license fee structure shall only be initiated by the liquor commission
seeking the change with the approval of the county's legislative body and mayor "; and
WHEREAS, the Liquor Control Commission of the County of Kauai, after
proper notice to the public and all licensees affected by the rules, held a public hearing
on June 2, 2016, and on June 16, 2016 adopted its amended "Rules & Regulations of
the Liquor Control Commission of the County of Kauai" including Rule 2.8, Rule 3. 11,
Rule 4. 1, and Rule 4.7, relating to the liquor license fee structure, as shown in Exhibit
A attached hereto; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF
HAWAII, THAT:
SECTION 1. The fee structures contained in Rule 2.8, Rule 3. 11,
Rule 4. 1, and Rule 4.7 of the amended Rules & Regulations of the Liquor Control
Commission of the County of Kauai adopted by the Liquor Control Commission of
the County of Kauai on June 16, 2016, are hereby approved.
SECTION 2. This resolution shall take effect upon its approval.
SECTION 3. The County Clerk shall transmit a copy of this resolution
to the Liquor Control Commission, Department of Liquor Control, and the Mayor for
appropriate distribution.
V: \RESOLUTIONS \2014 -2016 TERM \Liquor Control Commission Fee Increase JA_dmc.docx
Certificate ®f Z(boption
Ve berebp certifp t(jat Regotution Ro. 2016 -55
Wag abopteb by the Council of the Countp of Raua`i, -6tate of
30aWai`i, ilju`e, Raua`i, �)aWai`i, on September 7, 2016.
Qwn,�
`dduutp CIerb
Mateb September 8, 2016
ebairman & vre ibing Officer
Spe
,map
Cxrugeb
Aecugeb
QC[jocb
X
�)ooger
X
Ragawa
X
Rane5biro
X
Ruali`i
X
Rap030
X
Pubimura
X
Total
6
0
1
0
Certificate ®f Z(boption
Ve berebp certifp t(jat Regotution Ro. 2016 -55
Wag abopteb by the Council of the Countp of Raua`i, -6tate of
30aWai`i, ilju`e, Raua`i, �)aWai`i, on September 7, 2016.
Qwn,�
`dduutp CIerb
Mateb September 8, 2016
ebairman & vre ibing Officer
Exhibit A
Rule 2.8. Filing fee with application[], exception. A filing fee in the sum of one hundred
dollars ($100.00) shall be paid with any application for an initial issuance of a license or for a transfer of a
license, except for Transient Vessel, per day and Special license applications the filing fee shall be the cost
of the basic license fee as prescribed for in rule 4.1.
The filing fee shall become a realization of the county where the application is denied or withdrawn.
Rule 3.11. Waiving of rights to a violation hearing. A licensee who is cited by the commission
as having violated any one of the following rules:
(1) Rule 3.1. Posting of license and availability of rules and regulations;
(2) Rule 3.2. Alteration of premises;
(3) Rule 3.6. Advertisements, posters, and signs;
(4) Rule 7,9 Manager registration;
(5) Rule 7.11. Bar employee records;
(6) Rule 7.13. Fight and disturbance reports;
(7) Rule 8.4. Minimum requirements of a hotel condominium licensee
(8) (7) Rule 9.1. Membership list of club; and
(9) (8) Rule 10.3, Manager registration
may waive its right to a hearing and admit to the charge prior to the hearing without appearing
before the commission.
For the first violation of any one of the above - mentioned rules, the licensee shall pay a penalty of
one hundred fifty dollars 150.00 to the department at the time that the licensee admits to
the charge.
For the second violation within a twelve -month period, whether the violation is of the same rule or
any other rule mentioned above, the licensee shall pay a penalty of [one hundred dollars] three hundred
dollars [($100.00)] 300.00 to the department at the time that the licensee admits to the charge.
The licensee may not waive its right to a hearing pursuant to this rule and shall be required to
appear before the commission where the licensee has committed more than two rule violations of the
commission's rules within the previous twelve -month period.
Rule 4.1. License fees. The fees for licenses of the several classes and kinds as described in
Section 281 -31, Hawaii Revised Statutes, as amended, shall be as follows, the same being per annum
except where otherwise specified:
Class
Kind
Basic Fees
1. Manufacturer (including rectifiers)
(a) Beer
$
408
(b) Wine
$
408
(c) Wine manufactured from agricultural
products grown in the State
$
120
(d) Alcohol
$
204
(e) Other Liquors
$
648
(f) Distilled spirits manufactured from
agricultural products grown in the State
$
180
2. Restaurant
(a) General
$
480
(b) Beer & Wine
$
180
(c) Beer
$
120
3. Wholesale Dealer
(a) General
$
1,200
(b) Beer & Wine
$
324
(c) Alcohol
$
18
4. Retail Dealer
(a) General
$
480
(b) Beer & Wine
$
180
(c) Alcohol
$
18
5. Dispenser
(a) General
$
480
(b) Beer & Wine
$
180
(c) Beer
$
120
6. Club
$
240
del repealed
$
240
7.8 Transient Vessel, per day
$
33
Transient Vessel, per year
$
900
8. -9-. Tour or Cruise Vessel
$
240
9. a-B- Special, per day
(a) General
$
33
(b) Beer & Wine
$
24
(c) Beer
$
16
10.44 -. Cabaret
$
600
11. ?Hotel
$
900
12.4-3-.Caterer
$
120
13.444.Brewpub
$
900
14. Condominium Hotel
$
900
15. Winery
$
900
16. Small Craft Producer Pub
$
900
The fee for a temporary license of any class and kind shall be sixty dollars ($60.00) for an initial period
of one hundred twenty days or any fraction thereof, and an additional sixty dollars ($60.00) for a renewal of
not more than sixty days of the license.
Rule 4.7. Gross liquor sales report, percentage fee, and records. (a) Filing. Licensees
holding Classes 2, 4, 5, 6, 8 -9, 0 11, 42, 13, [and] 14, and 16, and Classes 11 [andl 3, and 15 for retail
liquor sales to any person for private use and consumption, shall file, on a form provided by the
Department, a report showing the true and accurate gross sales of liquor including complimentary liquor as
defined in Rule 1 for the license year.
Gross sales of liquor under a temporary license shall be included as part of the transferee's or new
licensee's gross sales report for the fiscal year.
Reports shall be completed and filed with the department as follows:
(1) On or before July 31, a final gross sales report for that license year.
(2) Within 30 days of the closing of business or cancellation or revocation of the license, a
final gross sales report.
(3) At such other time as the Commission or Director may direct.
For purposes of this rule, reports postmarked on the due date shall be acceptable. Where the due
date falls on a holiday or weekend, the report shall be delivered to the office of the Department on the first
working day thereafter.
(b) Percentage fee due; when. The percentage fee based on gross sales of liquor shall be due
and payable in full on September 30.
In case of revocation or cancellation of such license, the percentage fee chargeable against such
license shall be the past fiscal year's percentage figure and the percentage fee due shall become due and
payable within 30 days from the date of the Notice of Percentage Fee Due.
Any licensee who fails to pay its percentage fee on the due date [shalt] may be issued a notice of
violation for every day payment has not been made and be subject to penalties as stated in Section 281 -91,
Hawaii Revised Statutes.
(c) Percentage fee amount due; when. All licensees required to pay an annual percentage fee as
prescribed in rule 4.4 shall be mailed a Notice of Percentage Fee Due stating the amount due to the
department by the due date.
[ Beginning july 1, 2005, Any [any] licensee whose annual percentage fee exceeds [$2-,898]
$5,000 may [srhall] pay to the department either in full or in two equal payments with the first payment being
due no later than September 30 and the final payment being due no later than January 31 of the same
fiscal year.
(d) Records and accounts. All licensees shall keep, within the State of Hawaii, a set of books or
records, which show all income, purchases and expenses of the liquor licensed business for a period of
three years. These books and records, including but not limited to daily sales records, employee time
sheets, and invoices, shall be made available for inspection and /or auditing by the department within forty -
eight (48) hours from the time the licensee is notified by the department.