There will be no alcohol ban in the Aloha Stadium parking lot this year for University of Hawai'i football regular-season games.

The state Office of Information Practices (OIP) said the Stadium Authority, in its Sept. 29 meeting, violated the state's Sunshine Law when it approved a recommendation to consider banning the consumption of alcoholic beverages in the parking lot before, during and after regular-season collegiate sporting events.

Now, another vote will be required at the authority's next meeting Oct. 27, and the earliest the ban could be in place would be mid-December. UH's final regular-season game is Dec. 3 against San Diego State.

"The statute requires there to be three meetings when you have one of these investigative task forces," said Les Kondo, OIP director.

"The first meeting is a board meeting, where it sets up the task force; the second meeting is where it (task force) reports the findings and recommendations; the third meeting is where the board can deliberate and decide on the recommendation."

A three-member task force presented its findings and recommendations Sept. 29, and the Stadium Authority voted upon those recommendations during the same meeting.

Stadium Authority chairman Kevin Chong Kee said he conferred with the state's deputy attorney general on the process beforehand. However, the deputy attorney general's interpretation on the process differed from the OIP, Chong Kee said, and the misinterpretation led to the violation.

"I apologize to everybody," said Chong Kee, who was informed of the violation Wednesday by Kondo. "We'll do what we have to do to fulfill what the Office of Information Practices is asking us."

State Deputy Attorney General John Dellera, who oversees issues with the Aloha Stadium Authority, disagreed with OIP's interpretation, but rather than make an issue of it, agreed to follow OIP's judgment.

"We took the position (that) the requirement of a second meeting doesn't apply to rulemaking because there is going to be further proceedings and public hearings," Dellera said. "OIP decided that they do believe it applies. It's a difference of opinion."

How soon the proposal can be in place depends, Dellera said, "on what comments are made at the public hearing."

Dellera said if someone comes up with arguments that have not been considered, and if those arguments result in a substantial change in the rule, the process may have to start all over again. If that doesn't happen, the rule could take effect about 50 calendar days from Oct. 27, or as early as mid-December.

The purpose of the Sunshine Law is to assure that the public has an opportunity to participate in administrative rulemaking, as in the case with the proposed alcohol ban, Dellera said. Administrative rules have the force of law, he said.

Chong Kee said "we'll also have the hearings open to anybody who wants to testify from the public" at the authority's next meeting.

Chong Kee said the proposed ban does not apply to postseason collegiate and professional football games, such as the Sheraton Hawai'i Bowl Dec. 24 and the NFL's Pro Bowl Feb. 12.

In postseason collegiate play, Chong Kee said, "there is a lot of different sponsors, and if we tie their hands (with an alcohol ban), that might affect sponsorships for the games. ... We didn't think it was fair at this junction right now."

As for the Pro Bowl, Chong Kee said the NFL has "full rights to the parking lot."

Reach Brandon Masuoka at bmasuoka@honoluluadvertiser.com.