A deputy attorney general who deals with Aloha Stadium Authority issues said, "it is uncertain whether" the proposed alcohol ban at the facility "could be done by the beginning of the football season."

Lt. Gov. James "Duke" Aiona and University of Hawai'i Interim President David McClain announced plans Thursday to ask the stadium authority to prohibit alcohol sales at the stadium for the UH football season, which begins Sept. 3.

But John Dellera, a deputy AG, said the kind of ban they are talking about might require an amendment to the rules, which could require a year or more. "I think it is a legal issue as to whether it could be done and I'm not prepared to say at this point that the answer is either yes or no," Dellera said. "It is something we have to look at and review and then give an opinion to the stadium authority, if they ask for it."

Aiona's Chief of Staff Robert Piper yesterday said Dellera presented "reasonable concerns" about the proposal, and the administration is currently looking into those concerns.

Aiona said he planned to attend the authority's next meeting, Aug. 25, and ask for the rule. McClain said he may also attend.

Dellera said, "it is their (the authority's) call to decide in the first step whether they want to do it and if they decide they want to do it, then the issue is what's the legal way to do it. Then, I think we would have to consider whether formal rule making is required. If formal rule making is required, it is something that would take probably closer to a year."

Piper said the administration is currently gathering information and conducting its own fact-finding to present to the authority so its members can make a sound decision on the proposed alcohol ban Aug. 25.

"These issues that are presented by the deputy attorney general are issues, that I believe and we agreed, that the stadium authority will have to take up," Piper said. "The decision rests with them. We're going to try our best to give them as much information so that they can make an educated decision."

Piper said the administration plans to work with attorneys soon on resolving any concerns with the proposal.

"At this point, it's the appropriate time to start bringing in the attorneys and start hashing out the detail," said Piper, who added that the proposed alcohol ban should not be delayed. "The (alcohol abuse) issue is so large, we believe that it needs to be addressed as soon as possible. However, there are other considerations that need to be taken ... such as some of the issues that the deputy attorney general is bringing up."

The authority has already started the ball rolling on another amendment, one that would allow it to reduce the $320,065 it currently charges UH in rent. But that process, which began in April, is not expected to be completed by the end of the 2005 football season.

Dellera said the alcohol issue might be more complicated than the rent amendment because it might, "involve small business and that would require a review through the small business committee that exists to look at proposed rules that impact small business in the state."

In addition, Dellera said, "I don't know what (concessionaire) Centerplate's rights are under its contract and we'd have to look at that."

On Thursday, Aiona said he planned to examine any possible contracts, including those with vendors, and would make adjustments, if necessary.

"That's exactly what I would assume would happen if the stadium does have some contracts in place," Aiona said. "But I'm also assuming that contracts are not infallible, that you can amend contracts."

Sam Shenkus, a public relations spokeswoman for stadium vendor Centerplate, said the company secured the concessions contract with Aloha Stadium in 2001 and its contract runs through 2011.

Meanwhile, McClain said if the alcohol ban is instituted, his box, which is used to entertain UH sponsors and supporters, "won't serve alcohol."