Criminal background checks for liquor license applicants

(a) The respective county liquor commissions may request a criminal history record check of an applicant for a liquor license in accordance with section 846-2.7; provided that neither a criminal history record check nor compliance with this section shall be required for the officers and directors of publicly-traded companies or entities ultimately solely owned by a publicly-traded company, who are not designated as primary decision-makers regarding the sale or purchase of liquor; provided further that a county liquor commission of a county with a population of less than five hundred thousand shall not request an officer, director, or board member of a nonprofit organization to be fingerprinted. The criminal history record check, at a minimum, shall require the applicant to disclose whether: (1) The applicant has been convicted in any jurisdiction of a crime that would tend to indicate the applicant may be unsuited for obtaining a liquor license; and (2) The judgment of conviction has not been vacated. For the purpose of this section, the criminal history disclosure made by the applicant may be verified by the liquor commission by means of information obtained through the Hawaii criminal justice data center. The applicant shall provide the Hawaii criminal justice data center with personal identifying information that shall include but not be limited to the applicant's name, social security number, date of birth, and gender. This information shall be secured only for the purpose of conducting the criminal history record check authorized by this section. (b) The applicant shall submit to the liquor commission: (1) A statement signed under penalty of law as to whether the applicant has ever been convicted of a crime other than a minor traffic violation; (2) Written consent to request and obtain criminal history record information for verification; and (3) Permission to be fingerprinted. (c) The liquor commission shall obtain criminal history record information through the Hawaii criminal justice data center on the applicant. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to applicable federal laws and regulations currently or hereafter in effect.