Terms Used In Hawaii Revised Statutes > Chapter 281 > Part II - Liquor Commissions

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attachment hardware: means the components and associated fasteners that directly attach the bumper to the chassis frame. See Hawaii Revised Statutes 437-1.1
• Auction: means any person engaged in the business of selling only motor vehicles by means of bidding at a public or private sale, but excludes an auctioneer and any person referred to in paragraph (1), (2), (4), or (5) in the definition of ["dealer"], or any person auctioning motor vehicles incidental to an auction of other assets, when the auctioneer or person acts in the respective capacity described in this section. See Hawaii Revised Statutes 437-1.1
• Audible alarm system: means any alarm system that emits a sound when activated. See Hawaii Revised Statutes 436M-1
• Automatic telephone dialer: means any alarm system that, when activated, dials a programmed telephone number and, when the telephone is answered, plays a recorded message informing the listener of an unauthorized entry or unlawful act. See Hawaii Revised Statutes 436M-1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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 the motor vehicle industry licensing board created by this chapter. See Hawaii Revised Statutes 437-1.1
• 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
• Board: means the motor vehicle repair industry board. See Hawaii Revised Statutes 437B-1
• Business: includes any activities regularly engaged in by any person or regularly caused to be engaged in by the person for the object of gain, benefit, or advantage, either direct or indirect. See Hawaii Revised Statutes 437-1.1
• Commission: means the liquor commission for the county within which such commission has jurisdiction under this chapter. See Hawaii Revised Statutes 281-1
• Consumer: means any person who purchases, other than for purposes of resale, a motor vehicle for personal, family, household, or business use, any person to whom such motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Hawaii Revised Statutes 437-1.1
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: includes "auction" as defined in this section or any person or entity not expressly excluded by this chapter who sells three or more vehicles within a calendar year, or who is engaged in the business of selling, soliciting, offering, or attempting to negotiate sales, purchases, or exchanges of motor vehicles or any interest therein, including options to purchase motor vehicles. See Hawaii Revised Statutes 437-1.1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 437B-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Elected executive head: means the mayor of each county or the mayor's duly appointed or elected successor. See Hawaii Revised Statutes 281-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• False alarm: means any alarm activation that is communicated to the police but that is not in response to an actual or threatened criminal act. See Hawaii Revised Statutes 436M-1
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Motor vehicle: means any passenger car, truck, truck tractor, motorcycle, or motor scooter, as defined in § 286-2, and the integral parts thereof. See Hawaii Revised Statutes 437B-1
• Motor vehicle mechanic: means any person whether self-employed or employed by another, who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles, and may be classified as "intermediate" or "journey worker" as the terms are commonly used in the motor vehicle repair industry. See Hawaii Revised Statutes 437B-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.
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• Quorum: The number of legislators that must be present to do business.
• 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.
• Repair of motor vehicles: means all maintenance of and modifications and repairs to motor vehicles, including the rebuilding or restoring of rebuilt vehicles as defined in § 286-2, but excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades, and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing oil and air filters, and other minor services, which the board by rule determines may be performed by persons without the skills and knowledge required of motor vehicle mechanics and helpers. See Hawaii Revised Statutes 437B-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Salesperson: means any person who for gain or compensation of any kind, directly or indirectly, by any form of agreement or arrangement, sells, solicits, offers for sale, exchanges, or otherwise deals in, motor vehicles or any interest therein on behalf of any motor vehicle dealer. See Hawaii Revised Statutes 437-1.1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Treasurer: means the director of finance of each county. See Hawaii Revised Statutes 437-1.1
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Used motor vehicle: means a motor vehicle other than a new motor vehicle. See Hawaii Revised Statutes 437-1.1
• Used motor vehicle dealer: means a dealer who engages in the business of selling at wholesale or retail, or both, only used motor vehicles. See Hawaii Revised Statutes 437-1.1
• writing: includes printing and typewriting. See Hawaii Revised Statutes 281-1