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HomeMy WebLinkAboutagenda08-05-10 AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, AUGUST 5, 2010, 4:00 P.M. LIHUE CIVIC CENTER, MO'IKEHA BUILDING MEETING ROOM #3 4444 RICE STREET LIHUE, KAUAI, HAWAII CALL TO ORDER. ROLL CALL. APPROVAL OF AGENDA. 1. DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS. (b) INCOMING COMMUNICATIONS: (1) From Bali Hai Restaurant, Re: Sale of Liquor Inventory. (2) From Constellation Wines U.S., Re: Blackstone and Clos du Bois Promotions. (3) Disturbance Reports from Kauai Marriott Resort, Portofino Restaurant and Sheraton Kauai Resort (3). (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearing to Papaya's Natural Foods & Cafe — Kapaa. (2) To All Wholesale Licensees, Re: Renewal of Licenses, Temporary License, License Suspension and Change of Firm Name. (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. (e) ACTIONS OF THE DIRECTOR: (1) DA KINE WINE: Approval of special request to conduct wine tasting on July 17, July 24, and July 31, 2010 from 4:00 p.m. to 7:00 p.m. 1 AGENDA August 5, 2010 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (2) KILOHANA: Approval of special request to alter premises by extending the bar counter, adding 7'6" high walls and removing a wall in the back bar area, per diagram submitted. (3) LIVING FOODS MARKET & CAFE: Approval of special request to conduct sampling of 4 varieties of wine, per list and diagram submitted, on July 23, 2010 from 5:00 p.m. to 7:00 p.m. and as provided by Rule 2.13(e), exception to sample serving size of no more than 2 ounces of each variety of wine equaling 8 ounces in total per customer is approved. (4) MERRIMAN'S KAUAI: Approval of off-premise catering function at 2829 Ala Kalanikaumaka, Koloa, on July 13, 2010 from 5:00 p.m. to 7:00 p.m. (5) NANI MOON MEAD: Approval of special request for temporary decrease of premises from 6:00 p.m. on August 7, 2010 to 1:00 a.m. on August 8, 2010. (6) ROB'S GOOD TIMES GRILL: Approval of special request to alter premises by constructing a DJ booth and "vanity" wall fronting the men's restroom entrance, per diagram submitted. (7) TAHITI NUI ENTERPRISES. INC.: Approval of special request for temporary increase of premises to include 30' x 14' area fronting the restaurant and no closer than 10' from the roadway, per diagram submitted, from 1100 a.m. on July 22, 2010 to 2:00 a.m. on July 25, 2010 and from 1100 a.m. on July 27, 2010 to 2:00 a.m. on August 1, 2010. (8) THE WINE GARDEN: Approval of special request to conduct sampling of 5 varieties of wine, per list, on July 31, 2010 from 4:00 p.m. to 8:00 p.m. and as provided by Rule 2.13(e), exception for sample serving size of no more than 1 ounce of each variety of wine equaling 5 ounces in total per customer is approved. (9) FRIENDS OF THE CHILDREN'S JUSTICE CENTER: Approval of Application Nos. Free 2011-02 and Free 2011-03 filed on July 14, 2010 by the Friends of the Children's Justice Center for Free One-Day Special Dispenser Beer & Wine and Free One-Day Special Retail Dealer Beer & Wine licenses on August 6, 2010 at the Golf & Racquet Club of Kauai Lagoons, 3351 Hoolaulea Way, Lihue, Kauai, Hawaii. 2 AGENDA August 5, 2010 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (10) TERRACE RESTAURANT: Approval of special request for temporary decrease of premises by excluding the tennis court area, per diagram submitted, at the Kauai Lagoons Golf& Racquet Club on August 6, 2010 from 5:00 p.m. to 8:00 p.m. (11) KAUAI COMMUNITY RADIO: Approval of Application No. Free 2011-04 filed on July 14, 2010 by Kauai Community Radio for a Free One-Day Special Dispenser Beer & Wine license on August 14, 2010 on the grounds of the Church of the Pacific, 5-4280 Kuhio Highway, Princeville, Kauai, Hawaii. (12) NAWILIWILI YACHT CLUB: Approval of Application No. Free 2011-05 filed on July 20, 2010 by the Nawiliwili Yacht Club for a Free One-Day Special Dispenser General license on July 31, 2010 at the Nawiliwili Yacht Club Clubhouse, 3070 Niumalu Road, Lihue, Kauai, Hawaii. (13) HOLLAND AMERICA LINE N.V.: Approval of Application Nos. 2011-06 through 2011-13 filed on July 21, 2010 by Holland America Line N.V. for Transient Vessel licenses aboard the MS Volendam, MS Rotterdam and MS Zaandam while docking at Nawiliwili Harbor on various dates. (f) INFORMATIONAL MATTERS. 2. RENEWAL OF LICENSES: See Attachment "B". 3. RENEWAL OF PERMITS: See Attachment "C". 4. REQUEST FOR EXTENSION IN TIME TO SUBMIT TAX CLEARANCES FOR RENEWAL OF LIQUOR LICENSES: (a) Bali Hai Restaurant (b) Makai Golf Course (c) Simply Sundry 3 AGENDA August 5, 2010 5. WITHDRAWAL OF RENEWAL APPLICATION: MARKET STREET DINER: Withdrawal of Application No. 2010-315 filed on June 30, 2010 by D.A. Diners, LLC dba Market Street Diner for renewal of Restaurant General License No. 2G-047 and refund of license fee deposited. 6. VIOLATION REPORTS: (a) KIM GHEE RESTAURANT #9, LLC: Violation of Rule 7.8(a), Manager on duty, qualifications. (b) ALOHA SPIRITS: Violation of: •Count 1. Sec. 281-71, HRS, Posting of License. •Count 2. Rule 3.1(b), Availability of rules and regulations and liquor laws of the State of Hawaii. •Count 3. Sec. 281-44(a), HRS, Advertisements and signs upon licensed premises. (c) LIVING FOODS MARKET & CAFE: Violation of Rule 3.1(a), Posting of license. (d) MARRIOTT'S WAIOHAI BEACH CLUB (Retail): Violation of Rule 3.1(a), Posting of license. (e) MENEHUNE FOOD MART KAPAHI: Violation of Rule 3.1(a), Posting of license. (f) THRIFTY MINI MART: Violation of Rule 3.1(a), Posting of license. (g) WAIMEA BREWING COMPANY: Violation of Rule 3.1(b), Availability of rules and regulations and liquor laws of the State of Hawaii. 7. CHANGE OF FIRM NAME: MAKAI GOLF COURSE: Change of firm name on Restaurant General License No. 2G-042 from "Makai Golf Course" to "Makai Golf Club at the St. Regis Princeville Resort". 8. OFF-PREMISE WAREHOUSING: KAUAI SPECIALTY LIQUORS: Off-premise warehousing in building behind the store at 1267 Ulu Street, Kapaa, Kauai, Hawaii. 4 AGENDA August 5, 2010 9. TRANSFER OF LICENSE IN LESS THAN ONE YEAR: ASTON KAUAI BEACH AT MAKAIWA: Pursuant to Sec. 281-41, request permission to transfer Hotel License No. 12G-006 issued to HI 5th Circuit Court 09-1-0110 Joseph M. Toy Receiver dba Aston Kauai Beach at Makaiwa in less than one year. ADJOURNMENT. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). NOTE: Special accommodations for persons with disabilities are available upon request five (5) days prior to the meeting date to the Department of Liquor Control, Lihue Civic Center, Mo'ikeha Building, 4444 Rice Street, Lihue, Kauai, Hawaii 96766. Telephone: 241-4966. 5