§281-78 Prohibitions. (a) No
person shall:
(1) Consume any liquor on any public highway, except
as permitted in section 291-3.4;
(2) Consume any liquor on any public sidewalk,
including any sidewalk within a public housing project;
(3) Consume any liquor on any common area of a public
housing project; or
(4) Possess or keep, while on any sidewalk or common
area within a public housing project, any bottle, can, or other receptacle
containing any intoxicating liquor that has been opened, that has a broken
seal, or the contents of which have been partially removed.
For purposes of this subsection:
"Common area" means roofs, halls,
corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the
building or buildings, basements, yards, gardens, recreational facilities,
parking areas, storage spaces, and other parts of the project normally in
common use or other areas designated by the Hawaii public housing authority.
"Public housing project" means any
state or federal public housing project as defined in section 356D-1 or 356D-91
or a state low-income housing project as defined in section 356D-51.
(b) At no time under any circumstances shall
any licensee or its employee:
(1) Sell, serve, or furnish any liquor to, or allow
the consumption of any liquor by:
(A) Any minor;
(B) Any person at the time under the
influence of liquor;
(C) Any person known to the licensee to be
addicted to the excessive use of intoxicating liquor; or
(D) Any person for consumption in any vehicle
that is licensed to travel on public highways;
provided that the consumption or sale of liquor
to a minor shall not be deemed to be a violation of this subsection if, in
making the sale or allowing the consumption of any liquor by a minor, the
licensee was misled by the appearance of the minor and the attending
circumstances into honestly believing that the minor was of legal age and the
licensee acted in good faith; provided further that it shall be incumbent upon
the licensee to prove that the licensee so acted in good faith;
(2) Permit any liquor to be consumed on the premises
of the licensee or on any premises connected therewith, whether there purchased
or not, except as permitted by the terms of its license;
(3) Permit any liquor to be sold or served by any
person eighteen to twenty years of age except in licensed establishments where
selling or serving the intoxicating liquor is part of the minor's employment,
and where there is proper supervision of these minor employees to ensure that
the minors shall not consume the intoxicating liquor;
(4) Permit any liquor to be sold or served by any
person below the age of eighteen years upon any licensed premises, except in
individually specified licensed establishments found to be otherwise suitable
by the liquor commission in which an approved program of job training and
employment for dining room waiters and waitresses is being conducted in
cooperation with the University of Hawaii, the state community college system,
or a federally sponsored personnel development and training program, under
arrangements that ensure proper control and supervision of employees;
(5) Knowingly permit any person under the influence
of liquor or disorderly person to be or remain in or on the licensed premises;
(6) Fail to timely prevent or suppress any violent,
quarrelsome, disorderly, lewd, immoral, or unlawful conduct of any person on
the premises; or
(7) Receive from a person, as payment or as a
consideration for liquor, any personal or household goods, including clothing
and food, or any implements of trade. Any person violating this paragraph
shall be guilty of a misdemeanor and upon conviction shall be punished as
provided in section 281-102. [L Sp 1933, c 40, §48; RL 1935, §2617; am L 1935,
c 105, §§13, 14, 15; am L 1937, c 211, §19; am L Sp 1941, c 89, §1(d); RL 1945,
§7266; am L 1951, c 223, §1(9); RL 1955, §159-77; am L 1957, c 274, §1; am L
1967, c 184, §1; HRS §281-78; am L 1969, c 228, §1; am L 1976, c 3, §1; gen ch
1985; am L 1986, c 342, §3; am L 1987, c 283, §70; am L 1988, c 350, §1 and c
383, §6; am L 1990, c 171, §25; am L 1991, c 206, §2; am L 1992, c 207, §2; am
L 1996, c 101, §1; am L 2008, c 34, §1; am L 2012, c 88, §2; am L 2013, c 150,
§1; am L 2019, c 226, §2]
Law Journals and Reviews
Tort Law--Bertelmann v. Taas Associates: Limits on Dram Shop
Liability; Barring Recovery of Bar Patrons, Their Estates and Survivors. 11 UH
L. Rev. 277 (1989).
Tort and Insurance "Reform" in a Common Law Court.
14 UH L. Rev. 55 (1992).
Johnston v. KFC National Management Co.: Employer
Social-Host Liability for Torts of Intoxicated Employees. 14 UH L. Rev. 829
(1992).
Reyes v. Kuboyama: Vendor Liability for the Sale of
Intoxicating Liquor to Minors under a Common Law Negligence Theory. 17 UH L.
Rev. 355 (1995).
Case Notes
Licensee was under duty to take action against intoxicated
person. 690 F. Supp. 910 (1988).
Person injured by intoxicated driver may recover from tavern
that supplied liquor to the driver in violation of subsection (a)(2)(B). 62 H.
131, 612 P.2d 533 (1980).
Liquor consumer injured because of intoxication does not have
cause of action against liquor seller for violating this section. 69 H. 95,
735 P.2d 930 (1987).
Minors voluntarily consuming alcohol are precluded from suing
the commercial liquor supplier. 71 H. 524, 797 P.2d 51 (1990).
Subsection (a)(2)(A) (1989) imposes a duty to innocent third
parties upon a liquor licensee who sells alcohol to a minor; the duty includes
the situation where an innocent third party has been injured by an intoxicated
minor other than the minor to whom liquor was sold, subject to determinations
by the trier of fact on the issue of reasonable foreseeability. 76 H. 137, 870
P.2d 1281 (1994).
Patron was under the influence of liquor and disorderly;
patron was a participant in altercation with defendant, and was not within
class of persons protected by liquor licensing statutes; thus, court did not
err in refusing to give certain instruction or to quote subsection (b)(2) in
other instruction. 10 H. App. 331, 871 P.2d 1235 (1992).
Mentioned: 9 H. App. 490, 851 P.2d 332 (1993).
Notes of Decisions
Delos Reyes v. Kuboyama, 870 P.2d 1281 (Haw. 1994).
· cites it 137× “" On June 19, 1990, Act 171 amended HRS § 281-78 so that, among other things, the foregoing § 281-78(a)(2)(A) language now comes under § 281-78(b)(1)(A).”
Ono v. Applegate, 612 P.2d 533 (Haw. 1980).
· cites it 12× “Such a sale of alcohol is prohibited by HRS § 281-78(a)(2)(BX1976), which states that no licensee under that chapter shall sell or furnish liquor to any person who is at that time under the influence of liquor.”
Bertelmann v. Taas Assocs., 735 P.2d 930 (Haw. 1987).
· cites it 15× “1 The relevant parts of Hawaii Revised Statutes (hereinafter “HRS”) § 281-78 (1985) read: (a) At no time under any circumstances shall any liquor: (2) Be sold or furnished by any licensee to: (B) Any person at the time under the influence of liquor, (b) At no time under any…”
Winters v. Silver Fox Bar, 797 P.2d 51 (Haw. 1990).
· cites it 15× “1989) provides in pertinent part: § 281-78 Prohibitions, (a) At no time under any circumstances, .”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
· cites it 26× “The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
· cites it 31× “The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
White v. Sabatino, 415 F. Supp. 2d 1163 (D. Haw. 2006).
· cites it 5× “The court created this duty when it held that such conduct violated Hawaii Statute § 281-78(a)(2)(B) (1976) that prohibited serving “any person at the time under the influence of liquor.”
Feliciano v. Waikiki Deep Water, Inc., 752 P.2d 1076 (Haw. 1988).
· cites it 3× “The passenger sued the tavern owner, claiming that the bar had served liquor to the already intoxicated customer in violation of the liquor control statute, HRS § 281-78(a)(2)(B). 2 The court allowed recovery to the passenger on the grounds that the passenger was within the…”
White Ex Rel. Est. of Bournakel v. Sabatino, 526 F. Supp. 2d 1143 (D. Haw. 2007).
“Nevertheless, the Court also ruled that material questions of fact precluded summary judgment on the issues of whether the crew of the Alii Nui served intoxicated passengers in violation of Hawaii’s Intoxicating Liquor Statute § 281-78(b)(1)(B) or whether 3090, Inc. negligently…”
Myers v. South Seas Corp., 871 P.2d 1231 (Haw. 1994).
“The claims tried were: 1) Rudy’s had negligently sold alcoholic beverages in violation of Hawai'i Revised Statutes (HRS) § 281-78(a)(2)(B) (1985); 2) Rudy’s failed to exercise reasonable care to protect its patrons from harm; 3) Rudy’s failed to provide proper and/or adequate…”
Kuahiwinui v. Zelo's Inc., 453 P.3d 254 (Haw. 2019).
· cites it 5× “Kristerpher’s Estate has standing to raise a dram shop claim against Zelo’s pursuant to Hawaiʻi’s liquor control statute, HRS § 281-78,7 which imposes a duty upon liquor licensees to refrain from serving individuals that the licensees know, or have reason to know, are under the…”
White v. Sabatino, 488 F. Supp. 2d 1062 (D. Haw. 2006).
“§ 281-78(b)(1)(B) (2003). For a designated driver to undertake the commercial alcohol supplier’s duty he would have to render services to the intoxicated person that the commercial alcohol supplier served.”
— Haw. Rev. Stat. § 281-78(a)(2) — 3 cases
Ono v. Applegate, 612 P.2d 533 (Haw. 1980).
“Such a sale of alcohol is prohibited by HRS § 281-78(a)(2)(BX1976), which states that no licensee under that chapter shall sell or furnish liquor to any person who is at that time under the influence of liquor.”
Delos Reyes v. Kuboyama, 870 P.2d 1281 (Haw. 1994).
“" On June 19, 1990, Act 171 amended HRS § 281-78 so that, among other things, the foregoing § 281-78(a)(2)(A) language now comes under § 281-78(b)(1)(A).”
Bertelmann v. Taas Assocs., 735 P.2d 930 (Haw. 1987).
“1 The relevant parts of Hawaii Revised Statutes (hereinafter “HRS”) § 281-78 (1985) read: (a) At no time under any circumstances shall any liquor: (2) Be sold or furnished by any licensee to: (B) Any person at the time under the influence of liquor, (b) At no time under any…”
— Haw. Rev. Stat. § 281-78(a)(2)(A) — 5 cases
Delos Reyes v. Kuboyama, 870 P.2d 1281 (Haw. 1994).
“" On June 19, 1990, Act 171 amended HRS § 281-78 so that, among other things, the foregoing § 281-78(a)(2)(A) language now comes under § 281-78(b)(1)(A).”
Winters v. Silver Fox Bar, 797 P.2d 51 (Haw. 1990).
“1989) provides in pertinent part: § 281-78 Prohibitions, (a) At no time under any circumstances, .”
Bertelmann v. Taas Assocs., 735 P.2d 930 (Haw. 1987).
“1 The relevant parts of Hawaii Revised Statutes (hereinafter “HRS”) § 281-78 (1985) read: (a) At no time under any circumstances shall any liquor: (2) Be sold or furnished by any licensee to: (B) Any person at the time under the influence of liquor, (b) At no time under any…”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
— Haw. Rev. Stat. § 281-78(a)(2)(B) — 9 cases
Delos Reyes v. Kuboyama, 870 P.2d 1281 (Haw. 1994).
“" On June 19, 1990, Act 171 amended HRS § 281-78 so that, among other things, the foregoing § 281-78(a)(2)(A) language now comes under § 281-78(b)(1)(A).”
Bertelmann v. Taas Assocs., 735 P.2d 930 (Haw. 1987).
“1 The relevant parts of Hawaii Revised Statutes (hereinafter “HRS”) § 281-78 (1985) read: (a) At no time under any circumstances shall any liquor: (2) Be sold or furnished by any licensee to: (B) Any person at the time under the influence of liquor, (b) At no time under any…”
Winters v. Silver Fox Bar, 797 P.2d 51 (Haw. 1990).
“1989) provides in pertinent part: § 281-78 Prohibitions, (a) At no time under any circumstances, .”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
Ono v. Applegate, 612 P.2d 533 (Haw. 1980).
“Such a sale of alcohol is prohibited by HRS § 281-78(a)(2)(BX1976), which states that no licensee under that chapter shall sell or furnish liquor to any person who is at that time under the influence of liquor.”
— Haw. Rev. Stat. § 281-78(a)(2)(B)(1976) — 2 cases
Ono v. Applegate, 612 P.2d 533 (Haw. 1980).
“Such a sale of alcohol is prohibited by HRS § 281-78(a)(2)(BX1976), which states that no licensee under that chapter shall sell or furnish liquor to any person who is at that time under the influence of liquor.”
White v. Sabatino, 415 F. Supp. 2d 1163 (D. Haw. 2006).
“The court created this duty when it held that such conduct violated Hawaii Statute § 281-78(a)(2)(B) (1976) that prohibited serving “any person at the time under the influence of liquor.”
— Haw. Rev. Stat. § 281-78(a)(2XB)(1976) — 1 case
Ono v. Applegate, 612 P.2d 533 (Haw. 1980).
“Such a sale of alcohol is prohibited by HRS § 281-78(a)(2)(BX1976), which states that no licensee under that chapter shall sell or furnish liquor to any person who is at that time under the influence of liquor.”
— Haw. Rev. Stat. § 281-78(b)(1) — 1 case
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
— Haw. Rev. Stat. § 281-78(b)(1)(A) — 3 cases
Delos Reyes v. Kuboyama, 870 P.2d 1281 (Haw. 1994).
“" On June 19, 1990, Act 171 amended HRS § 281-78 so that, among other things, the foregoing § 281-78(a)(2)(A) language now comes under § 281-78(b)(1)(A).”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
— Haw. Rev. Stat. § 281-78(b)(1)(B) — 5 cases
White v. Sabatino, 415 F. Supp. 2d 1163 (D. Haw. 2006).
“The court created this duty when it held that such conduct violated Hawaii Statute § 281-78(a)(2)(B) (1976) that prohibited serving “any person at the time under the influence of liquor.”
White Ex Rel. Est. of Bournakel v. Sabatino, 526 F. Supp. 2d 1143 (D. Haw. 2007).
“Nevertheless, the Court also ruled that material questions of fact precluded summary judgment on the issues of whether the crew of the Alii Nui served intoxicated passengers in violation of Hawaii’s Intoxicating Liquor Statute § 281-78(b)(1)(B) or whether 3090, Inc. negligently…”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
Kuahiwinui v. Zelo's Inc., 453 P.3d 254 (Haw. 2019).
“Kristerpher’s Estate has standing to raise a dram shop claim against Zelo’s pursuant to Hawaiʻi’s liquor control statute, HRS § 281-78,7 which imposes a duty upon liquor licensees to refrain from serving individuals that the licensees know, or have reason to know, are under the…”
White v. Sabatino, 488 F. Supp. 2d 1062 (D. Haw. 2006).
“§ 281-78(b)(1)(B) (2003). For a designated driver to undertake the commercial alcohol supplier’s duty he would have to render services to the intoxicated person that the commercial alcohol supplier served.”
— Haw. Rev. Stat. § 281-78(b)(2) — 2 cases
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
— Haw. Rev. Stat. § 281-78(b)(l) — 1 case
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
— Haw. Rev. Stat. § 281-78(b)(l)(B) — 2 cases
White v. Sabatino, 415 F. Supp. 2d 1163 (D. Haw. 2006).
“The court created this duty when it held that such conduct violated Hawaii Statute § 281-78(a)(2)(B) (1976) that prohibited serving “any person at the time under the influence of liquor.”
Myers v. South Seas Corp., 871 P.2d 1235 (Haw. App. 1992).
“The supreme court has done so, however, with regard to other provisions of HRS § 281-78. In Ono v. Applegate, 62 Haw.”
— Haw. Rev. Stat. § 281-78(b)(l)(B)(2003) — 1 case
White v. Sabatino, 415 F. Supp. 2d 1163 (D. Haw. 2006).
“The court created this duty when it held that such conduct violated Hawaii Statute § 281-78(a)(2)(B) (1976) that prohibited serving “any person at the time under the influence of liquor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.