Department of Liquor Control
Lihue Civic Center, Mo’ikeha Building
4444 Rice Street, Suite 120
Lihue, Kauai, Hawaii 96766
Tel: (808) 241-6580 Fax: (808) 241-6585
Instructions for Filing an Application for
Transfer of a Liquor License
1. Complete Application
Form in duplicate must be signed by
the oath of applicant.
a. If the applicant is an
individual, the applicant must be signed by the individual applicant.
b. If the applicant is a
corporation, the application must be signed by an officer of the
corporation.
c. If the applicant is a
limited liability company, the application must be signed by a member of
the company.
d. If the applicant is a
partnership, the application must be signed by a general partner.
2. Tax Clearance from the State Department of Taxation and
from the Internal Revenue Service for Applicant and the Transferor.
a. If the applicant is an
individual, tax clearance for the individual.
b. If the applicant is a
corporation, tax clearance for the corporation.
c. If the applicant is a
limited liability company, tax clearance for the company.
d. If the applicant is a
partnership, tax clearance for the partnership and all general and limited
partners.
3. Financial Statement of the applicant not over one (1) year old and
audited by a Certified Public Account or certified by oath of the applicant to
be true and correct. The financial statement shall name the source of all funds
including in the financial statement such as loans from financial instructions,
stockholder, investors or from the applicant.
4. Corporation: Articles of
Incorporation which have been
approved by the State Department of Commerce and Consumer Affairs and the By
Law. If the applicant is a foreign corporation, registration with or
authorization from the State Department of Commerce and Consumer Affairs to do
business it the State of Hawaii must accompany the corporate papers.
5. Limited Liability
Company: Articles of Organization
which have been approved by the State Department of Commerce and Consumer
affairs and Operating or Member Agreement, if applicable.
6. Partnership: Registration of partnership with the State
Department of Commerce and Consumer Affairs and/or a legally executed
partnership agreement between a husband and wife that is not registered with
the State Department of Commerce and Consumer Affairs must be signed by both
parties and notarized.
7. Personal History: Affidavit of felony charges and authorization for
criminal history record clearance from all persons named in the applicant and
also from officer, directors and persons owning 25% or more of the outstanding
shares of a corporate partner or stockholding corporation. (Note: All
persons must be listed by their full, legal names and not nicknames,
abbreviation, or initials in the Application and Personal History Forms.)
8. Floor Plan Drawn to
Scale with Measurements. The
requirements for the floor plan will be determined by the Department of Liquor
Control.
9. Lease or Rental
Agreement between two property owner
ant the applicant. The lease or rental agreement between the lessor and lessee must
be in the name of the applicant.
Assignment of lease of lease or rental agreement by the lessee to the
applicant with the consent of lessor is acceptable.
10. Consideration: The purchase price of the business for the proposed
transfer must be submitted by the transferee.
11. Cash or Check payable to the Department of Liquor Control
for the following:
a. Filling
Fee--------------------------------------------------------------------------------$100.00
b. Cost of publishing Notice
of Public Hearing------------------------------------$125.00
Total------------------------------------------------------------------------------------------$225.00
c. Temporary License
Fee--------------------------------------------------------------$60.00
Total------------------------------------------------------------------------------------------$285.00
After all requirement for
the transfer application have been met, the applicant for a transfer of a
liquor license may submit with its transfer application a Temporary License
Application to operate the liquor license to be transferred while the transfer
application is being processed. ALL LIQUOR PURCHASED FROM THE WHOLESALER UNDER
A TEMPORARY LICENSE MUST BE PAID FOR IN CURRENCY OR CERTIFIED CHECK.
12. Before the Temporary or Transfer License is issued,
the applicant must accomplish the following.
a. Knowledge of Rules and
the Liquor Control Commission, County of Kauai and the Liquor Laws of the State
of Hawaii, Chapter 281 of the Hawaii Revised Statutes.
b. Managers are to obtain
the Department or Liquor Control’s Red (off-Premises) or Blue (On-Premises)
Manger Card.
c. State of Hawaii
Department of Health’s Certificate to operate.
d. County of Kauai Building
Division’s Certificate of Occupancy if a building permit was issued to the
applicant for alterations to licensed premises.
e. Approval from the Bureau
of Alcohol, Tobacco and Firearms for a Brewpub or a Manufacturers
License.