HAR §13-232-59. Assumption of risk

Any person visiting or using a small boat harbor or facility or offshore mooring area does so at the person's own risk. The department does not assume any responsibility for loss of or damage to property or for injury to or death of persons within a small boat harbor or facility or offshore mooring area and any person visiting or using a small boat harbor or 232-24 Unofficial Compilation facility or offshore mooring area does so at the person's own risk. [Eff 2/24/94] (Auth: HRS §§200-2, 200-3) (Imp: HRS §§200-2, 200-3) §13-232-60 Serving, sale, and consumption of liquor in state small boat harbors, and boat launching facilities. (a) It is declared to be the intent of the department to prohibit the open and unrestricted use or consumption of liquor on or within state small boat harbors and boat launching facilities. For the purpose of this section., "liquor" or "intoxicating liquor" shall mean the same as defined in section 281- 1, Hawaii Revised Statutes. (b) 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 off-street parking area or any building located thereon within a state small boat harbor or state boat launching facility. (c) The prohibitions contained in subsection (b) shall not apply to: (1) Possession, use, or consumption of intoxicating liquor on board a vessel with a valid mooring permit; (2) Intoxicating liquor procured from a vendor dispensing intoxicating liquor pursuant to a permit or license issued by the department when 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; (3) The consumption or possession of an intoxicating liquor in a motor vehicle upon any public street, road, or highway; or (4) The possession of a container of wine authorized to be removed from liquor- licensed premises pursuant to section 281- 31(q), Hawaii Revised Statutes, provided that the container has been corked or resealed. 232-25 Unofficial Compilation (d) Subject to the provisions of chapter 281, Hawaii Revised Statutes, as amended, and if the sale and consumption of intoxicating liquor is permitted by a disposition or agreement with the department, the prohibitions contained in subsection (b) shall not apply within the licensed premises (as described in a liquor license) of concessionaires or licensees of the department. (e) The penalties provided in this section are criminal penalties and the section shall be enforced by the Division of Conservation and Resources Enforcement (DOCARE), the county police department, and any other authorized entity as provided by law. (1) A DOCARE officer or police officer may arrest an alleged violator of any provision of this section or may issue a citation in lieu of arrest as provided in section 803-6, Hawaii Revised Statutes. (2) Penalty. Any person convicted of a violation of any provision of this article shall be punished by a fine of not more than $1,000 or by imprisonment for not more than thirty days, or both fine and imprisonment. [Eff 2/24/94; am 12/31/18] (Auth: HRS §§200- 2, 200-3, 200-4, 200-24, 200-25) (Imp: HRS §§200-2, 200-3, 200-4, 200-24, 200-25)