Question: State law prohibits sales and consumption of liquor on public streets, but the city allows it during lots of block parties in Chinatown. What law allows the city to do this? Waikiki’s and other block parties around the island do not have liquor. We are tired about the negative effects of for-profit private parties using a nonprofit, the Arts District Merchants Association, to apply for the street permit, then to get a nonprofit liquor license and pocketing the money, diverting public buses and taking away public parking.

Answer: Section 40-1.2 of the Revised Ordinances of Honolulu says, "No person shall possess, other than in a container in the manufacturer’s sealed condition, intoxicating liquor on any street or sidewalk, or in any public park, public playground, public school ground, public off-street parking area or any building located thereon."

However, exceptions are given, among them: If a license or permit is obtained from the city and "the intoxicating liquor is possessed or consumed in a manner and in a place consistent with the terms and conditions of such permit or license."

It doesn’t matter whether an applicant is a nonprofit or profit organization, a liquor licensee, a business or an event, said Anna Hirai, assistant administrator of the Honolulu Liquor Commission.

In order to obtain a liquor permit, the applicant first must obtain a street usage permit from the city Department of Transportation Services.

Although DTS issues street usage permits, it does not have jurisdiction over whether liquor can be sold or consumed at the event, said Director Michael Formby. But if liquor is permitted, DTS requires liquor liability insurance with limits of not less than $500,000 per street event.

With a DTS permit in hand, the applicant must then obtain a liquor license from the Liquor Commission.

"This can be done by way of a special license, a nonprofit special license, a catering license or a temporary extension of the licensed premises from an existing licensee," Hirai said.

All requests involving a street closure and liquor sales/consumption go before the commission for review and disposition at one of its Thursday meetings.

Hirai said she doesn’t know whether it is "fair" to characterize actions involving the Arts District Merchants Association as "routine" approval.

All recent commission approvals for ADMA events of this type have conditions and restrictions, including when liquor sales and consumption must end and requirements for post-event reporting, she said. The conditions and restrictions are always specific to the venue, the type of event, the applicant, etc., she said.

Hirai also said the commission has approved special licenses involving street closures elsewhere, such as in Kakaako.

"We have not received a ‘block party’ type of application for the Waikiki area in recent times, so it may not be accurate to say that the commission ‘doesn’t permit’ street closures with liquor sales/consumption in Waikiki," she said.

Meanwhile, three ADMA members point out that the nonprofit organization "uses the art and cultural economic development strategy to revitalize the neighborhood."

In a statement provided to Kokua Line, Miki Lee, Nicole Reid and Sandra Pohl said more than 40 businesses hold a variety of collaborative events, including art classes and community cleanups "within our businesses, on the streets and in the parks" to bring positive publicity and, ultimately, more business to Chinatown.

"Safety is our highest priority no matter the event, whether with or without alcohol," they said. "ADMA works in partnership with other nonprofits and the city to develop Chinatown into a world-class destination on par with San Francisco, Seattle and New York."

Mahalo

To the shopper who found and turned in my keys at the Ward Farmers Market, and to the courteous security staff who quickly notified us. Your small acts of thoughtfulness saved me much anxiety and expense. May you also experience kindness when least expected. — Teena Urban

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Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.