HomeMy WebLinkAboutminutes01-07-10 MINUTES January 7, 2010
The Kauai Liquor Control Commission held a regular meeting on Thursday, January 7,
2010, at 4:00 p.m. in Meeting Room #3 of the Lihue Civic Center, Mo'ikeha Building,
4444 Rice Street, Lihue, Kauai, Hawaii, to transact business as did properly come
before the meeting as follows:
ROLL CALL: In response to roll call, Chair Gerald Matsunaga, Vice Chair Shirley Akita,
and Commissioners Pauline Ventura, William Gibson and Gary Pacheco were present.
Absent and excused were Commissioners Clifford Nakea and Myles Shibata.
APPROVAL OF AGENDA: Commissioner Ventura made a motion, which was
seconded by Commissioner Pacheco, and unanimously carried, to approve the
hearings and regular meeting agendas as prepared by the Director.
VIOLATION HEARINGS
1 . A TASTE OF PARADISE KAUAI: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
Mr. Ronald Gilbert, Manager, represented the licensee and admitted to the charge.
Mr. Gilbert explained that at the time, one of the owners was out of the country and his
sister-in-law was the manager on duty. She had a migraine headache and made the
mistake of not putting on her glasses and she did not check the minor's ID. Mr. Gilbert
stated that they've taken steps to prevent this from happening again such as putting up
signs with the appropriate date.
Vice Chair Akita inquired about his business and Mr. Gilbert stated that they've been in
this location for about 10 years. He added that they have had no major violations
before; just paperwork offenses.
A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and
unanimously carried, to assess A Taste of Paradise Kauai with a fine of$2,000 and
suspend payment of$1 ,000 if no similar violation occurs within 1 year.
2. CJ'S STEAK& SEAFOOD: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
The Director stated that the actual time of the incident was 5:24 p.m., not 3:24 p.m. as
stated in the violation report.
Mr. Jeff Powers, Manager, represented the licensee and admitted to the charge.
Mr. Powers said it happened the Friday after Thanksgiving when the restaurant is
normally closed. The bar opened at 5:00 p.m. The cocktail waitress didn't come until
5:30 p.m. because of traffic. Ms. Suzanne Takeda, who has worked for many years,
1
MINUTES January 7, 2010
filled in and served the minor. Mr. Powers related that Ms. Takeda told him she should
have known better. Two weeks prior to this, Mr. Powers had a meeting with all the
employees because of the newspaper article on sales to minors. When this happened,
Mr. Powers had another team meeting to re-emphasize the importance of checking IDs.
The arrival of Commissioner Gibson at 4:17 p.m. was noted. The Director stated that
Commissioner Gibson would not be able to vote on this matter, but he will be able to on
the next one.
Mr. Powers added that Ms. Takeda and his bartender are the hardest people to get by.
Mr. Powers stated that they're guilty and he's ashamed and upset. Their manual clearly
states no alcohol sales to minors. While Ms. Takeda was not dismissed, Mr. Powers
sent a new memo to employees saying that next time, they will be fired.
Commissioner Ventura made a motion, which was seconded by Vice Chair Akita, and
unanimously carried, to fine CJ's Steak & Seafood $2,000 and suspend payment of
$1 ,000 provided there are no further violations of this section for 1 year.
3. THE HANALEI DOLPHIN: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Mr. Douglas Allen, President, represented the licensee and admitted to the charge. Mr.
Allen said he had no explanation and he thought the report is clear.
Vice Chair Akita noted that the waitress did not ask for an ID and inquired if she gave a
reason for this. Mr. Allen stated it's in their training and it's in their manual. The
waitress clearly made a mistake. She was suspended and was also reprimanded, but
Mr. Allen stated that she is still employed at this time.
Commissioner Gibson inquired about his past record and Mr. Allen stated that this is
their first violation.
Vice Chair Akita made a motion, which was seconded by Commissioner Gibson, and
unanimously carried, to fine Hanalei Dolphin Restaurant $2,000 and suspend payment
of$1 ,000 provided there are no further violations of this section for 1 year.
4. RESORTQUEST KAUAI BEACH HOTEL: Violation of Section 281-78(b)(1)(A),
HRS, Prohibitions.
Mr. Ike Cockett, General Manager, and Mr. Jonathan Chun, attorney, represented the
licensee and pled no contest to the charge. Mr. Chun stated that they would like to
enter a no contest plea because they don't know how this case will affect the
employee's criminal case.
2
MINUTES January 7, 2010
Mr. Cockett explained that it was a weekend and they had a bartender working as both
bartender and server. It got quite busy and one person was handling a lot of people.
That's when the infraction took place. It was a mistake; one of rushing and not
checking. Since then, Mr. Cockett indicated that they have disciplined the server and
contacted Investigator Gerald Rapozo to have him re-train all their managers as well as
those at Islander on the Beach. Mr. Cockett said they have also rewritten their policies
and hopes this never happens again.
Vice Chair Akita stated they're pleading no contest but the explanation says they're
guilty. Mr. Chun stated that they don't contest the charge. Mr. Mauna Kea Trask,
Deputy County Attorney, explained that the licensee's no contest plea does not admit
criminal responsibility and avoids civil responsibility. The server was arrested so the
licensee doesn't want to jeopardize her rights. The licensee is accepting responsibility
without hurting her.
Chair Matsunaga asked if the server is still employed and Mr. Chun explained that
they're going through the process and he wasn't sure where they would end up. Mr.
Chun stated that they'd like to respect the employee's privacy rights.
Commissioner Gibson made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to assess a $2,000 fine against ResortQuest Kauai Beach
Resort and suspend payment of$1 ,000 as long as there is no further violation of
Section 281-78(b)(1)(A) for 1 year.
The Commission adjourned the hearings agenda and continued with the agenda for the
regular meeting.
1 . DIRECTOR'S REPORT:
(a) INVESTIGATORS' REPORTS.
(b) INCOMING COMMUNICATIONS:
(1) From Hinman & Carmichael LLP, Re: La Crema Winery Rebate
Promotions.
(2) From Sake One Corporation, Re: Brand Registration.
(3) From Remy Cointreau USA, Re: Label Approvals.
(4) From Constellation Wines U.S., Re: Ravenswood $2 Mail-In-Rebate, Simi
Save $3 Promotion, Robert Mondavi Private Selection $2 Mail-In-Rebate,
Clos Du Bois Save $3 Promotion, and Paso Creek Save $2 Promotion.
(5) From Maanum Law Firm, LLC, Re: Belvedere Vodka Jetsetting
Sweepstakes.
(6) Disturbance Reports from Kauai Marriott Resort, Nawiliwili Tavern, and
Trees Lounge.
3
MINUTES January 7, 2010
(c) OUTGOING COMMUNICATIONS:
(1) Notice of Hearing to A Taste of Paradise Kauai, CJ's Steak & Seafood, The
Hanalei Dolphin, and ResortQuest Kauai Beach Hotel.
(2) To Makai Golf Course, Re: Extension in time to submit tax clearances.
(3) To All Wholesale Licensees, Re: Renewal of Liquor License.
(4) To Hinman & Carmichael LLP, Re: La Crema Winery Rebate Promotions.
(5) To Constellation Wines U.S., Re: Ravenswood $2 Mail-In-Rebate, Simi
Save $3 Promotion, Robert Mondavi Private Selection $2 Mail-In-Rebate,
Clos Du Bois Save $3 Promotion, and Paso Creek Save $2 Promotion.
(d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See attachment.
(e) ACTIONS OF THE DIRECTOR:
(1) MAKAI GOLF COURSE: Approval of special request to alter premises, per
floor plan submitted.
(2) NANI MOON MEAD LLC: Approval of special request for temporary
decrease of premises from 8:00 p.m. on December 26, 2009 to 1 :30 a.m.
on December 27, 2009.
(3) BLOODY MARY'S OCEANFRONT BAR AND GRILL: Approval of
Application Nos. 2010-74 and 2010-75 filed on December 24, 2009 by
Bloody Mary's Oceanfront Bar and Grill, LLC dba Bloody Mary's Oceanfront
Bar and Grill for 3-day Special General licenses on December 26, 27 & 28,
2009 and December 29, 30, & 31 , 2009 located on the grounds of the
Waipouli Beach Resort, 4-820 Kuhio Highway, Kapaa, Kauai, Hawaii.
(4) HOLLAND AMERICA LINE, N.V.: Approval of Application Nos.
2010-65 through 2010-72 filed on December 17, 2009 by Holland America
Line, N.V. for Transient Vessel licenses on various days aboard the ms
Volendam, ms Rotterdam, and ms Zaandam while docking at Nawiliwili
Harbor, Kauai, Hawaii.
(5) KILOHANA: Approval of Application No 2010-73 filed on December 18,
2009 by Kauai Kilohana Partners dba Kilohana for a Special Beer & Wine
license on December 21 , 2009 at Iliahi, Lihue, Kauai, Hawaii.
(6) WEST KAUAI BUSINESS & PROFESSIONAL ASSOCIATION: Approval
of Application Nos. Free 2010-13 and Free 2010-14 filed on December 7,
2009 by the West Kauai Business & Professional Association for Free One-
Day Special Beer & Wine licenses on February 19 & 20, 2009 at the old
Waimea Sugar Mill, 9600 Kaumualii Highway, Waimea, Kauai, Hawaii.
4
MINUTES January 7, 2010
(e) ACTIONS OF THE DIRECTOR: (Cont'd.)
(7) THE WINE SHOP: Approval of special request to conduct sampling of 4
varieties of wine and 3 varieties of beer, per list, on December 17, 2009
from 5:00 p.m. to 10:00 p.m. and as provided by Rule 2.13(e) for exception
to sample serving size, no more than 1 1/4 ounce of each variety of wine
equaling 5 ounces of wine in total per customer and no more than 2 ounces
of each variety of beer equaling 6 ounces of beer in total per customer is
approved.
(8) WRANGLERS RESTAURANT: Approval of special request for temporary
increase of premises to include the area fronting the restaurant, per
diagram submitted, on December 19, 2009 from 4:00 p.m. to 11 :00 p.m.
(f) INFORMATIONAL MATTERS.
Commissioner Pacheco made a motion, which was seconded by Vice Chair Akita, and
unanimously carried, to approve the above Director's Report.
2. VIOLATION REPORTS:
(a) PIZZETTA (Koloa): Violation of:
Count 1 . Rule 7.7, Clearing of tables at closing time.
Count 2. Rule 6.2, Sales, service, or consumption before or after hours of
business, exception.
Count 3. Rule 7.11 , Employees drinking on duty and entertaining patrons
prohibited.
(b) OLDE CANNERY FUELS CO. LLC: Violation of Rule 3.12, Commission orders.
A motion was made by Commissioner Pacheco, seconded by Commissioner Gibson,
and unanimously carried, to issue notice of hearings to Pizzetta and Olde Cannery
Fuels Co. LLC, scheduling the violation hearings on February 4, 2010.
3. CHANGE IN CORPORATE OFFICERS:
(a) THE LODGE AT KOKEE, LLC: Addition of Peggy Morgan and Linda Collins as
Directors; deletion of Kathy Green, Associate Board Member/Secretary, and
Peter James, Vice Chair.
(b) YGLI, LLC (Joe's on the Green): Withdrawal of Caroline Frederiksen as a
Member.
(c) J.C.E., LLC (Kalaheo Steak & Ribs): Withdrawal of Joseph Batteiger, Member.
Vice Chair Akita made a motion, which was seconded by Commissioner Pacheco, and
unanimously carried, to approve the above change in corporate officers of The Lodge at
Kokee, LLC, YGLI, LLC and J.C.E., LLC.
5
MINUTES January 7, 2010
4. CANCELLATION OF LIQUOR LICENSES:
(a) POIPU BEACH BROILER: Effective November 29, 2009, cancellation of
Restaurant General License No. 2G-015 issued to Holomua Enterprises LLC
dba Poipu Beach Broiler.
(b) WAIPOULI BEACH RESORT: Effective November 25, 2009, cancellation of
Hotel License No. 12G-014 issued to Waipouli Beach Resorts, LLC dba
Waipouli Beach Resort.
Commissioner Gibson made a motion, which was seconded by Commissioner Ventura,
and unanimously carried, to accept the cancellation of the above liquor licenses.
5. LIQUOR INVENTORY
POIPU BEACH BROILER: Removal of liquor inventory to residence for personal
consumption, per attached list.
A motion was made by Commissioner Pacheco, seconded by Vice Chair Akita, and
unanimously carried, to approve the above request from Poipu Beach Broiler for
permission to remove liquor inventory, per the attached list.
6. TEMPORARY LICENSE:
BLOODY MARY'S OCEANFRONT BAR AND GRILL: Application No. 2010-77 was
filed on December 24, 2009 by Bloody Mary's Oceanfront Bar and Grill, LLC dba
Bloody Mary's Oceanfront Bar and Grill for a Temporary Restaurant General license
located at 4-820 Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $60.
A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and
unanimously carried, to approve Application No. 2010-77 filed by Bloody Mary's
Oceanfront Bar and Grill, LLC dba Bloody Mary's Oceanfront Bar and Grill for a
Temporary Restaurant General license.
7. NEW LIQUOR LICENSE:
BLOODY MARY'S OCEANFRONT BAR AND GRILL: Application No. 2010-76 was
filed on December 24, 2009 by Bloody Mary's Oceanfront Bar and Grill, LLC dba
Bloody Mary's Oceanfront Bar and Grill for a Restaurant General, live entertainment
and dancing license located at 4-820 Kuhio Highway, Kapaa, Kauai, Hawaii.
Deposited $400.
Vice Chair Akita made a motion, which was seconded by Commissioner Pacheco, and
unanimously carried, to accept Application No. 2010-76 filed by Bloody Mary's
Oceanfront Bar and Grill, LLC dba Bloody Mary's Oceanfront Bar and Grill for
6
MINUTES January 7, 2010
publication and public hearing and to print notices of public hearing in The Garden
Island newspaper on Wednesdays, January 13 & January 20, 2010, scheduling the
public hearing on Thursday, March 4, 2010 at 4:00 p.m. or shortly thereafter in Meeting
Room #3 of the Lihue Civic Center, Mo'ikeha Building, 4444 Rice Street, Lihue, Kauai,
Hawaii.
ADJOURNMENT: There being no further business to transact, Chair Matsunaga
adjourned the meeting at 4:37 p.m.
Respectfully submitted,
Christine Nakaahiki
Commission Secretary
7