StarBulletin.com

Put BYOB bill on back burner


By

POSTED: Monday, February 22, 2010

Somewhere along the way, state legislation that was intended to bring unlicensed—i.e. BYOB—nightclubs under the control of county liquor commissions has been left with few, if any, supporters. Lawmakers should shelve the proposal and address the problem under better economic times and clarity of purpose, allowing folks a few more cheap nights out.

Restaurants and bars are required to be licensed by the commissions to serve alcoholic beverages; small, unlicensed establishments can allow customers to bring their own booze, typically bottles of wine at small restaurants. Numerous karaoke parlors without liquor licenses also allow their patrons to bring beer and other liquor to their festive nights out, which can last into the morning hours.

Sen. Carol Fukunaga says she introduced the bill because calls to police about spillage of noise from those parlors—171 over three years at entertainment businesses at Makaloa Plaza near Keeaumoku Street—have not worked. Her bill would allow the county liquor commissions to require BYOB businesses to acquire permits.

“;If it looks like a liquor establishment and sounds like a liquor establishment, then it should be treated as a liquor establishment,”; said Rep. Karl Rhoads and several constituents in written testimony.

However, karaoke parlors that basically provide space for customers to party should not be regarded as villains. Malcolm and Lyn Shiroma, owners of Krazy Karaoke on Young Street and at Pearl Kai, say they are strict in allowing people of age into rooms where liquor is consumed and plan more karaoke businesses on Oahu, a rarity in the current economic abyss.

Also, many small restaurants can ill afford a license by the county commission so they can continue to allow diners to bring wine for their meals.

“;In my favorite restaurant, they even open the bottle of wine for the customer,”; noted Richard C. Botti, executive director of the Retail Liquor Dealers Association of Hawaii, which opposes the bill.

He notes that it “;avoids getting a liquor license that is really expensive and a pain with all of the restrictions, requirements, tax clearance requirements, liquor inspectors, etc.”;

The Honolulu Liquor Commission opposes parts of the bill that would allow consumption of liquor as late as 2 a.m. Although it initially favored a bill to help combat the selling of liquor in BYOB establishments, commission Chairman Dennis Enomoto said his agency does not support the bill as amended.

Senate Transportation Chairman J. Kalani English, who took out the original 10 p.m. BYOB time limit, passed the bill out of his committee even though he dislikes it. The Legislature would be prudent to wait for better times before changing a law that allows many establishments to be viable.