Comments on Liquor Commission Rule Changes

April 16, 2013 in 2013, Issue

Comments on the Proposed Rule Amendments

Bill Comerford

Spokesman for the Hawaii Bar Owners Association

10 Marin Lane, Honolulu, HI 96817

808-521-4712, 808-223-3997 1/7/13

Thank you for the opportunity to provide commentary upon these rule amendments.

I fully understand that the efforts here are genuine with the intent to comply with existing or new law. As a representative of the Bar Industry I feel it is important to view the practicality and simplicity in new rules so their implementation becomes easier and compliance is understood. In that effort I ask what the purpose and intent of a rule so it achieves that goal and does not lead to future confusion in interpretation by licensees, investigators and the commission. Often times we see rules written for an intended purpose in the past evolving into enforcement for a different issue currently. This is often ill-fitting and thus leads to confusion and questions on both sides of enforcement and compliance.

Another big issue that arises is that often many rules and regulations are generated to control the fringes of the industry often the Hostess and Strip Club industry yet upon creation rules are then enforced upon the general industry often creating adverse circumstances for general operators within the industry. Essentially more regulation or rules impeding business that is of little issue to those businesses. I would seek that when creating these rules this is kept in mind.

Lastly I would ask that the commission recognize that Hawaii is a destination point for people from around the world and we often have a huge mixture of people in a room often not English speaking so it becomes important that the rules are simple enough to make the customers understand because they are the ultimate consumer within the industry and often those upon who the rules will be ultimately fall.

Thus we should seek rules that are clear, with defined purpose that can be understood and implemented within the industry and enforced with direction for the industry, community and government’s benefit. Given that I look at these rules from the licensee’s viewpoint to provide you that perspective.

I have listed the items of consideration in the rules in bold print and then my comments and questions in italics.

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