State and Local Strategies of the Tobacco Industry
Comparison of Hawaii Tobacco & Alcohol Sales Restrictions
Abstract
Table comparing Hawaii's liquor and tobacco regulations. Compares licensing, sales to minors, sign requirements, retail training, sampling, unit sales, inspections, vending, and preemption.
Fields
- Region
- Hawaii
- Subject
- licensing
- preemption
- Sales to Minors
- Sampling
- Signs
- Single Cigarette Sales
- Vending Machines
- youth access
- Alcoholic Beverages
Document Images
Comparison of Hawaii Tobacco & Alcohol Sales Restrictions
2046923401
Hawaii Tobacco Hawaii Alcohol
Provision As of 10/10/95 As of 10/23/95
ADAMHA No Provision The County Liquor Commission
Jurisdiction
License License: Hawaii Department of Revenue County Liquor Commissions prescribe by rule or
regulation
Wholesalers and dealers $2.50/ann. the annual or prorated amount and the manner of payment of
Rev. Stat. Sect. 245-1 and 245-2. license fees as well as amount of filing fees.
Fees varies according to gross sales.
Class 1 - beer manufacturer's license for gross sale of
$2,000,000 or less - $720; over $2,000,000 - $1,440.
Class 3 -General Wholesale dealer's license for gross sales of
$1,000,000 or less - $1,440; over $1,000,000 but less than
$2,000,000 -$1,800; over $2,000,000 -$2,100.
Class 3 - Beer and wine wholesale dealer's license for gross
sales of $1,000,000 or less - $420; over $1,000,000 - $840.
Class 4 -General retail license for gross sale of $125,000 or
less - $660; over $125,000 but less than $150,000 - $780;
over $150,000 but less than $175,000 - $900;
Sale w/out No Provision Unlawful. License constitute authority for licensee to sell
License only the liquor authorized to be sold by the license. (Secs.
281-3 and 244D-2)
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204fi923402
Comparison of Hawaii Tobacco & Alcohol Sales Restrictions
Hawaii Tobacco Hawaii Alcohol
Provision As of 10/10/95 As of 10/23/95
Sale to Violators shall be fined 100 for first offense; subsequent Unlawful. (Sec. 281-4(c)(1) &
(5)) Commits the offense of
Minors offenses between $100 to $1,000. promoting intoxicating liquor to minor if a person or
licensee
Sect. 709-908(1). Act 164, 1990; Chapter 293, 1987. knowingly sells, offers for sale, delivers or
gives a minor
intoxicating liquor or permits said minor to possess
intoxicating liquor on property under his/her control. (Sec.
712-1250.5) Sales to minor is not deemed a violation if the
licensee was mislead by the appearance of the minor and the
licensee honestly believed that the minor was of legal age and
licensee acted in good faith. It is incumbert upon licensee to
prove that he acted in good faith. (Sec. 281-78(b)(1)(A) &
(D))
License No Provision Commission may revoke any license at any time, suspend the
Revocation right of the licensee to use his license, assess and collect a
penalty or reprimand the licensee for violation of or
conviction in a court of law of any condition of his license or
the intoxicating liquor laws or any applicable rules or
regulations. (Sec. 281-91)
Warning "THE SALE OF TOBACCO PRODUCTS TO PERSONS Signs posted on licensed premises notifying
customers and
Signs UNDER EIGHTEEN IS PROHIBITED." others of the penalty of driving under the influence. Must be
Sect. 709-908(2); Act 164, 1990. positioned so that it may be seen by ordinarily observant
person. (Sec. 281-44)
Sign stating that's it illegal to use false identification or the
identification of another to purchase liquor for a person under
age 21. Such sign to be posted at the point of sale where it
will be seen by person purchasing liquor to take off the
premises and at on-premise retail establishments where it is
le ible from a distance of 10 feet. (Rule 7-6(e))
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2046923403
Comparison of Hawaii Tobacco & Alcohol Sales Restrictions
Hawaii Tobacco Hawaii Alcohol
Provision As of 10/10/95 As of 10/23/95
Purchase by $10 first offense; $50 subsequent offenses or 48-72 hours of No minor shall purchase
liquor. (Sec. 281-101.5(b)) No
Minors community service. licensee or his employee shall sell or furnish any liquor to any
Sect. 709-908(3). minor. (Sec. 281-78(b)(1)(A))
Retail No Provision University of Hawaii may offer and conduct courses of
Training instruction in food and beverage control, club management
and classical food and bevera e mana ement. (Sec. 304-55)
Sampling No law to restrict sampling of tobacco products to adults. Trade exhibitor, trade
organization or other exhibitor must
apply for permit (no charge) for displaying and sampling on a
not-for-sale basis at trade exhibitions, shows or other
exhibitions. (Sec. 281-32.5)
Samples may be sold back to the manufacturer. (Sec. 281-
31(d))
Sampling on retail premises requires prior written approval
by the Commission. Applicant to state and identify type of
liquor to be sampled, the date, hours and person in charge of
the sampling. Beer samples limited to one three ounce sample
of each item per person. Wine and distilled spirits limited to a
single one ounce sample of each item per person. No minor
permitted to serve or sample liquor. Copy of approved
application to be posed in vicinity of sampling area. (Rule 11-
4)
February 10, 1996, Page 3
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Comparison of Hawaii Tobacco & Alcohol Sales Restrictions
2046923404
Hawaii Tobacco Hawaii Alcohol
Provision As of 10/10/95 As of 10/23/95
Single Stick No Provision Yes. (Secs. 281-108 & 281-109)
Refers to sin le can or bottle sales
Unannounce No Provision Prohibited.
d Inspections
Vending Cigarette vending machine are restricted to locations where County Liquor Commission, within
its county, has sole
minors are expressly prohibited. jurisdiction, power, authority and discretion to grant, suspend,
S.B. 1567, 1991; Chapter 328K refuse and revoke any license for the manufacture,
im ortation or sale of li uor. (Sec. 281-17(1))
Preemption No Provision County Liquor Commission, within its county, has sole
jurisdiction, power, authority and discretion to grant, suspend,
refuse and revoke any license for the manufacture,
im ortation or sale of li uor. (Sec. 281-17(1))
February 10, 1996, Page 4
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