No. 27940 (July 29, 2008)
Opinion [pdf]
OPINION OF THE COURT BY ACOBA, J.
Petitioner/Appellant-Appellee/Cross-Appellee E & J Lounge Operating Company, Inc., a Hawai'i corporation (Petitioner), seeks review of the judgment of the Intermediate Court of Appeals (the ICA) filed on January 8, 2008, pursuant to its December 24, 2007 published opinion vacating the April 20, 2006 (1) Findings of Fact (FOF), Conclusions of Law (COL) and Decision and Order and (2) the Judgment of the Circuit Court of the First Circuit (the court), and remanding the case to the court to determine Petitioner's appeal on the merits. See E & J Lounge Operating Co. v. Liquor Comm'n, City & County of Honolulu, 116 Hawai'1 428, 556, 174 P.3d 367, 395 (App. 2007).
We hold that (1) public hearings on liquor license applications held by the liquor commission are contested case hearings such that Hawai'i Revised Statutes (HRS) § 91-11 (1993) requires any commissioner who is not present at any stage of the public hearing to become familiar with the record before voting on a liquor license application, unless the application is automatically rejected pursuant to HRS § 281-59(a) (2007), (2) Respondent/Appellee-Appellant/Cross-Appellee Liquor Commission of the City & County of Honolulu (the Commission) did not comply with HRS § 91-11 in this case, (3) HRS § 91-13.5 (Supp. 2004) does not require automatic approval of Petitioner's liquor license application, and (4) the court's finding, that it is unclear from the present state of the record whether the Commission complied with the notice requirements of HRS § 281-57 (Supp. 2006), because it was not challenged on secondary appeal to the ICA or this court, is affirmed.
