Hawaii Revised Statutes

Haw. Rev. Stat. § 281-91 (2026)

Revocation or suspension of license; hearing

✓ current as of July 2026

Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

PART VI. REVOCATION OF LICENSE

§281-91 Revocation or suspension of license; hearing. The liquor commission or liquor control adjudication board may revoke any license at any time issued, or suspend the right of the licensee to use the licensee's license, or assess and collect a penalty, or reprimand the licensee, either for the violation of any condition of the license or of any provisions of this chapter or of any rule applicable thereto, or upon the conviction in a court of law of the licensee of any violation of this chapter or of any other law relative to the licensee's license or the proper exercise thereof, or of any violation of law in any other respect on account whereof the commission or board may deem the licensee to be an unfit or improper person to hold a license, or for any other cause deemed sufficient by the commission or board.

In every case where it is proposed to revoke or suspend the exercise of any license or assess and collect a penalty for any cause other than a conviction at law of the licensee as above specified, the licensee shall be entitled to notice and hearing in conformity with chapter 91, the notice to be given at least five days before the hearing, except that any special license shall be subject to summary revocation for any violation of or evidence of intent to violate the proper exercise thereof, without hearing before the commission or board.

At the hearing, before final action is taken by the commission or board, the licensee shall be entitled to be heard in person or through counsel and shall be given a full and fair opportunity to present any facts showing that the alleged cause or causes for the proposed action do not exist, or any reasons why no penalty should be imposed. The testimony taken at the hearing shall be under oath and recorded stenographically, or by machine, but the parties shall not be bound by the strict rules of evidence; certified copies of any transcript and of any other record made of or at the hearing shall be furnished to the licensee upon the licensee's request and at the licensee's expense.

Any order of revocation, suspension, fine, or reprimand imposed by the commission or board upon the licensee shall be in addition to any penalty that might be imposed upon the licensee upon the licensee's conviction at law for any violation of this chapter. No licensee shall be subject to both the penalty assessed and collected by the commission or board and to revocation or suspension of license. The amount of penalty assessed and collected by the commission or board from any licensee for any particular offense shall not exceed the sum of $5,000.

Whenever the service of any order or notice shall be required by this section, the service shall be made in the following manner: in the case of any violation based upon the personal observation of any investigator, a written notice of the violation shall be given to the licensee or the licensee's registered manager in active charge of the premises, or by serving a certified copy of the notice or order upon the holder of the license wherever the holder may be found in the circuit wherein the holder is licensed, or, if the holder cannot be found after diligent search, by leaving a certified copy thereof at the holder's dwelling house or usual place of abode with some person of suitable age and discretion residing therein; and if the holder of the license cannot be found after diligent search, and service cannot be made, then service may be made by posting a certified copy of the notice or order in a conspicuous place on the licensed premises and depositing another certified copy thereof in the certified mail of the United States post office, postage prepaid, addressed to the holder of the license at the holder's last known residence address; provided that in the case of a partnership, corporation, unincorporated association, or limited liability company, service may be made upon any partner, officer, or member thereof. [L Sp 1933, c 40, §55; RL 1935, §2624; am L Sp 1941, c 89, §1(f); RL 1945, §7275; am L 1949, c 314, §1; RL 1955, §159-90; am L 1957, c 321, §1(h); am L 1965, c 96, §98; HRS §281-91; am L 1976, c 87, §5; gen ch 1985; am L 1987, c 223, §3; am L 1990, c 171, §29; am L 1998, c 90, §5 and c 249, §12; am L 2022, c 45, §2]

Notes of Decisions

Cited in 4 cases, 1980–2008 · leading case: E & J Lounge Operating Co. v. Liquor Comm'n of Honolulu, 174 P.3d 367 (Haw. App. 2007).

Sort: Relevance Newest Treatment

E & J Lounge Operating Co. v. Liquor Comm'n of Honolulu, 174 P.3d 367 (Haw. App. 2007). · cites it 12× “They pointed out during their oral argument before this court, for example, that pursuant to HRS § 281-91 (Supp.2006), hearings to suspend or revoke a liquor license must be held in conformity with HRS chapter 91.”

E & J Lounge Operating Co. v. Liquor Comm'n of Honolulu, 189 P.3d 432 (Haw. 2008). · cites it 2× “that pursuant to HRS § 281-91 (Supp.2006), hearings to *334 suspend or revoke a liquor license must be held in conformity with HRS chapter 91[,]” which they contrasted to “the statutes governing the granting or denial of an application for a liquor licensed which] expressly…”

Ono v. Applegate, 612 P.2d 533 (Haw. 1980). · cites it 2× “HRS § 281-91 (1976). 4 In 1978, the California Legislature specifically reversed the Court’s activity in the area of supplier liability to third persons.”

Hyatt Corp. v. Honolulu Liquor Comm'n, 738 P.2d 1205 (Haw. 1987). · cites it 3× “” HRS § 281-91 (1985). Section 281-45 provides that the commission may refuse to grant a license to any person “not deemed by the Commission to be a fit and proper person to have a license.”

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.