Terms Used In Hawaii Revised Statutes > Chapter 281 > Part I - General Provisions

• Alarm business: means any individual, corporation, or other business entity that engages in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system in or on any building, place, or premises, except motor vehicles. See Hawaii Revised Statutes 436M-1
• Alarm system: means any device that is designed for the detection of an unauthorized entry into any building, place, or premises, except motor vehicles, or for alerting others to the commission of an unlawful act, or both, and that emits a sound or transmits a signal or message when activated. See Hawaii Revised Statutes 436M-1
• Alcohol: means the product of distillation of any fermented liquid, whether rectified or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not denatured or other alcohol which is considered nonpotable under the customs laws of the United States. See Hawaii Revised Statutes 281-1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Athletic trainer: means an individual, whether or not registered under this chapter, who engages in the practice of athletic training or represents oneself to be an athletic trainer. See Hawaii Revised Statutes 436H-2
• Beer: means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley or other grain, malt, and hops in water. See Hawaii Revised Statutes 281-1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• board: means a board established by county charter, within a county, that shall have the jurisdiction to hear and determine complaints or violations of liquor laws and to impose penalties as may be provided in this chapter. See Hawaii Revised Statutes 281-1
• Commission: means the liquor commission for the county within which such commission has jurisdiction under this chapter. See Hawaii Revised Statutes 281-1
• Condominium hotel: means an establishment consisting of one or more buildings that includes:

  (1) Guest rooms that are units, as defined in § 514B-3, which are used to provide transient lodging for periods of less than thirty days under a written contract with the owner of the apartment or unit in the condominium hotel operation; and

  (2) Guest rooms that are units, owned or managed by the condominium hotel operator providing transient lodging for periods of less than thirty days, which are offered for adequate pay to transient guests. See Hawaii Revised Statutes 281-1

• Condominium hotel operator: means any person who operates a condominium hotel, including but not limited to, a condominium hotel operator registered under section 467-30. See Hawaii Revised Statutes 281-1
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: means the county in respect of which each commission has jurisdiction under this chapter; provided that in the county of Kalawao liquor may be sold only by such persons and only under such conditions as may be permitted or prescribed from time to time by the department of health. See Hawaii Revised Statutes 281-1
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 436H-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 436H-2
• Elected executive head: means the mayor of each county or the mayor's duly appointed or elected successor. See Hawaii Revised Statutes 281-1
• establishment: means a single physical location where the selling of liquor takes place. See Hawaii Revised Statutes 281-1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Hotel: means an establishment consisting of one or more buildings which contain such total number of rooms as may be prescribed by the commission and in which rooms sleeping accommodations are provided and offered for adequate pay to transient or permanent guests. See Hawaii Revised Statutes 281-1
• intoxicating liquor: includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use or may be used or readily converted for use for beverage purposes. See Hawaii Revised Statutes 281-1
• Investigator: means any investigator of the commission in each case for the county wherein the commission has jurisdiction. See Hawaii Revised Statutes 281-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Minor: means any person below the age of twenty-one years. See Hawaii Revised Statutes 281-1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Original package: means a package or container as it existed at the time of its delivery by the manufacturer or the wholesale dealer for convenience in transportation and sale. See Hawaii Revised Statutes 281-1
• Partner: means a partner in a general partnership, limited partnership, or limited liability partnership. See Hawaii Revised Statutes 281-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Practice of athletic training: refers to the application by an athletic trainer, whether or not registered under this chapter and without regard to certification by any certifying body, of principles and methods to:
  (1) Prevent athletic injuries;
  (2) Recognize, evaluate, and assess athletic injuries and conditions;
  (3) Provide immediate care of athletic injuries, including common emergency medical care;
  (4) Treat, rehabilitate, and recondition athletic injuries;
  (5) Administer athletic training services and organization; and
  (6) Educate athletes;

  provided that the practice of athletic training does not include provision of medical services as defined in § 453-1, occupational therapy services as defined in § 457G-1, or physical therapy or physical therapy services as defined in § 461J-1. See Hawaii Revised Statutes 436H-2

• 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
• Regulation: means any regulation prescribed by the commission with the approval of the elected executive head of the county for carrying out this chapter. See Hawaii Revised Statutes 281-1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restaurant: means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to patrons for compensation and which has suitable kitchen facilities connected therewith, containing the necessary equipment and supplies for cooking an assortment of foods which may be required for ordinary meals. See Hawaii Revised Statutes 281-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Seller: includes the agents and employees of a seller; provided that any person shall be deemed to be a seller, who in the State, whether acting as agent or representative of a nonresident principal or otherwise, solicits the placing of or takes, receives, or forwards orders for liquor to be shipped into the State from any place without the State to be delivered to customers, by direct shipment or otherwise. See Hawaii Revised Statutes 281-1
• Statute: A law passed by a legislature.
• to sell: includes to solicit and receive an order for; to have or keep or offer or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; to traffic in; and the word "sale" includes every act of selling as herein defined. See Hawaii Revised Statutes 281-1
• Under the influence of liquor: means that the person concerned has consumed intoxicating liquor sufficient to impair at the particular time under inquiry the person's normal mental faculties or ability to care for oneself and guard against casualty, or sufficient to substantially impair at the time under inquiry that clearness of intellect and control of oneself which the person would otherwise normally possess. See Hawaii Revised Statutes 281-1
• Wine: means any wine coming within the definition of wine contained in the United States Revenue Act of 1918 (Act of February 24, 1919), and includes sake. See Hawaii Revised Statutes 281-1