Under HRS 281-11, what is the minimum number of members a county liquor commission or liquor control adjudication board may have?
Based on: HRS 281-11
Maui County Liquor Card Exam · Enforcement
Maui Liquor Card Exam Practice Questions: Commission, Enforcement, and Penalties (2026)
Liquor law in Maui County is enforced by three bodies the exam expects you to keep apart: the liquor commission, which grants, refuses, suspends, and revokes licenses under HRS section 281-17; the liquor control adjudication board, nine mayor-appointed members, which hears the director's administrative complaints and imposes penalties; and the director and department, whose investigators may enter any part of a licensee's premises at all times, without notice and without a search warrant, under HRS section 281-20.
Practice
Free practice questions
Under HRS 281-11, how long must a person have resided in the county before being appointed to its liquor commission?
Based on: HRS 281-11
Under HRS 281-11, who appoints the members of a county liquor commission?
Based on: HRS 281-11
Under HRS 281-11, what citizenship requirement applies to a liquor commission member?
Based on: HRS 281-11
Under HRS 281-11, for how long is the successor of a commissioner appointed when a term expires?
Based on: HRS 281-11
Under HRS 281-11, which of the following disqualifies a person from serving as a commission member?
Based on: HRS 281-11
Under HRS 281-11, how is a vacancy on the commission filled?
Based on: HRS 281-11
Under HRS 281-11.5, what may the liquor commission or board do to help carry out its administrative functions?
Based on: HRS 281-11.5
Under HRS 281-13, what constitutes a quorum of the liquor commission for transacting business?
Based on: HRS 281-13
Under HRS 281-13, what vote is necessary to determine any matter before the commission?
Based on: HRS 281-13
The commission, the board, and the director
HRS section 281-11 requires a liquor commission or adjudication board of not less than five members, each a United States citizen who has resided in the county for at least three years before appointment, nominated by the county's elected executive head and appointed with the advice and consent of the council for staggered five-year terms. No member may hold a direct or indirect interest in any liquor manufacturing or sale business, and no more than a bare quorum may belong to the same political party. In Maui County, Rule 08-101-11 and Rule 08-102-80 set the adjudication board at nine members. A majority of all members is a quorum, and the affirmative vote of a majority of all members decides any matter; under Rule 08-102-31 an abstention is not a vote, and a matter the commission cannot decide is considered denied. The commission's powers under HRS section 281-17 are sweeping: it it grants, refuses, suspends, and revokes licenses, adopts rules with the force and effect of law, may limit the number of licenses of any class in the county, and holds circuit-court powers over oaths and witnesses without being bound by strict rules of evidence. The director runs daily operations, submits a monthly report, and under Rule 08-101-17 may issue a written warning and caution, except for the offenses involving minors or excessive service, which must go to a complaint. A licensee may appeal a director's decision to the commission within thirty days, and a written warning to the board within thirty calendar days.
Hearings, penalties, and criminal exposure
Administrative discipline follows HRS section 281-91: the commission may act on any violation of the license conditions, chapter 281, or the rules, with notice at least five days before the hearing, where the licensee may appear in person or through counsel. The penalty for any particular offense may not exceed $5,000, and a licensee may not suffer both the assessed penalty and revocation or suspension for the same matter, though any commission order is in addition to whatever a criminal court imposes. Aggrieved licensees appeal to the circuit court under chapter 91. Before the Maui adjudication board, proof is by a preponderance of the evidence with the burden on the initiating party, an investigation report must reach all parties at least seven days before the hearing or it stays out, penalties must be paid within ten calendar days, reconsideration must be sought within fifteen calendar days, and the license must be surrendered immediately upon suspension or revocation, or within five days after closing the business. The criminal tier sits on top: selling liquor without authorization is a class C felony under HRS section 281-101, unauthorized manufacture draws a fine of up to $2,000 or up to one year of imprisonment, or both, and where no penalty is specifically prescribed, HRS section 281-102 supplies up to six months of imprisonment or a fine of up to $1,000, or both. A revoked license's fee is forfeited to the county under section 281-94, and a closing licensee may sell remaining liquor within sixty days with the commission's permission under section 281-97.
| Body | Composition | Role |
|---|---|---|
| Liquor commission | Not less than 5 members, 5-year terms (HRS 281-11) | Grants, refuses, suspends, and revokes licenses; adopts rules with the force of law (HRS 281-17) |
| Liquor control adjudication board | 9 members appointed by the mayor, approved by the council (Rule 08-102-80) | Hears the director's administrative complaints and imposes penalties (Rule 08-101-11) |
| Director and department | Appointed administrator and staff | Investigations, monthly reports, written warnings, complaints and accusations (Rules 08-101-17, 08-102-50) |
| Investigators | Commission investigators | Powers of a police officer; access to every part of the premises without notice or warrant (HRS 281-17, 281-20) |
FAQ
Frequently asked questions
What is the maximum penalty the Maui liquor commission can assess for one offense?
The amount of penalty assessed and collected for any particular offense shall not exceed $5,000, under HRS section 281-91, echoed by Rule 08-101-103. A licensee cannot be made to suffer both that assessed penalty and revocation or suspension of the license for the same matter, but any commission order is in addition to penalties a criminal court may impose.
Can Maui County liquor investigators inspect a premises without a warrant?
Yes. HRS section 281-20 gives any investigator the right, at all times, without notice and without any search warrant, to visit and have immediate access to every part of a licensee's premises, to examine whether all license conditions and the provisions of chapter 281 are being complied with. Investigators also hold the powers of a police officer within the scope of their duties under HRS section 281-17.
What is the Maui County liquor control adjudication board?
A nine-member body appointed by the mayor and approved by the county council under Rule 08-102-80, in the manner prescribed by section 8-13.3 of the County Charter. Under Rule 08-101-11 it hears and determines the director's administrative complaints about violations and imposes penalties as provided by law, deciding matters on a preponderance of the evidence.
What is the penalty for selling liquor without a license in Hawaii?
Selling liquor without authorization is a class C felony under HRS section 281-101, while unauthorized manufacture is punished by a fine of not more than $2,000 or imprisonment of not more than one year, or both. Where no penalty is specifically prescribed, HRS section 281-102 supplies imprisonment of up to six months or a fine of up to $1,000, or both.
How does a Maui County licensee appeal a liquor penalty?
It depends on who acted. A decision of the director may be appealed to the commission within thirty days under Rule 08-101-16, and a director's written warning to the board within thirty calendar days under Rule 08-101-18. A final board decision carries a fifteen-day window for reconsideration and judicial review under HRS section 91-14, and commission action is appealable to the circuit court under HRS section 281-92.
Can the director just issue a warning instead of a complaint in Maui County?
Sometimes. Rule 08-101-17 lets the director issue a written warning and caution to a licensee, but not for the offenses involving minors or excessive service identified in HRS section 281-78(b)(1)(A) or (b)(1)(B) and the corresponding rules; those must proceed as complaints. If the licensee appeals a warning, the director issues a complaint and accusation and the matter goes to the board.