Haw. Rev. Stat. § 132D-NEW

Current through the 2024 Legislative Session
Section 132D-NEW - [Newly enacted section not yet numbered] Entry onto premises; inspection of premises, books, and records; obstructing law enforcement or fire department operations; penalty
(a) Any law enforcement or fire officer may, at reasonable hours, enter and inspect the premises of a licensee or permittee and any relevant books or records therein to verify compliance with this chapter and the conditions of the license or permit.
(b) Upon a request by any law enforcement or fire officer to enter and inspect the premises of a licensee or permittee at reasonable hours, the licensee, the permittee, or an employee of the licensee or permittee shall make available for immediate inspection and examination the premises and all relevant books and records therein.
(c) Any licensee or permittee who refuses the law enforcement or fire officer entry or access to the premises, books, or records shall be in violation of the conditions of the license or permit. After a hearing, the issuing department shall suspend or revoke the license or permit for refusing entry or access or for violations of any other requirement or condition of the license or permit or any provision of this chapter or rule adopted pursuant to this chapter. The issuing department shall provide the licensee or permittee with a written notice and order describing the basis for the suspension or revocation. Any person aggrieved by the suspension or revocation determination may request a contested case hearing pursuant to chapter 91. To request a contested case hearing, the person shall submit a written request to the issuing department within thirty calendar days of the date of the notice and order of the suspension or revocation. Appeal to the circuit court under section 91-14, or any other applicable statute, shall only be taken from the issuing department's final order pursuant to a contested case.
(d) Any licensee, permittee, employee of a licensee or permittee, or other person who:
(1) Threatens with the use of violence, force, or physical interference or obstacle, or hinders, obstructs, or prevents any law enforcement or fire officer, or any person assisting a law enforcement or fire officer, from entering into the premises of the licensee or permittee; or
(2) Opposes, obstructs, or molests a law enforcement or fire officer in the officer's enforcement of this chapter, shall be guilty of a misdemeanor, punishable by a fine of no more than $2,000 or imprisonment for no more than one year, or both.
(e) If any law enforcement or fire officer, having demanded admittance onto the premises of a licensee or permittee and declared the officer's name and office, is not admitted by the licensee, permittee, or person in charge of the premises, the officer may use force to enter the premises.
(f) For purposes of this section, "premises of a licensee or permittee" does not include the licensee's or permittee's private residence or a dwelling that is considered to be the person's home, including a single family house, apartment unit, condominium, townhouse, or cooperative unit.

HRS § 132D-NEW

Added by L 2024, c 208,§ 2, eff. 7/1/2024.