HomeMy WebLinkAboutminutes02-04-10 MINUTES February 4, 2010
The Kauai Liquor Control Commission held a regular meeting on Thursday, February 4,
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, Clifford Nakea, William Gibson, Myles Shibata
and Gary Pacheco were present.
ADDITION TO AGENDA:
4. SPECIAL REQUEST:
PIZZETTA (Kapaa): Permanent decrease of premises by excluding the main dining
room and kitchen, per diagram submitted, and alteration of premises by replacing
doorway with a solid wall.
5. TRANSFER OF LICENSE:
KAUAI BAR: Application No. 2010-86 was filed on February 2, 2010 for transfer of
Restaurant General License No. 2G-012 from Sushi Bushido, LLC dba Sushi
Bushido to James T. Jasper II dba Kauai Bar located at 3416 Rice Street, Lihue,
Kauai, Hawaii. Deposited $275.
APPROVAL OF AGENDA: Commissioner Nakea made a motion, which was seconded
by Commissioner Pacheco, and unanimously carried, to approve the hearings and
regular meeting agendas with the inclusion of the above items #4 and #5.
1 . PUBLIC HEARINGS:
(a) LIHUE CHEVRON: Application No. 2010-63 was filed on November 24, 2009
by Lahaina Petroleum, LLC dba Lihue Chevron for a Retail Dealer Beer & Wine
license located at 3-3187 Kuhio Highway, Lihue, Kauai, Hawaii. The
Commission accepted Application No. 2010-63 for publication and public
hearing on December 3, 2009 and ordered to print notices of public hearing in
The Garden Island newspaper on Wednesdays, December 9 & 16, 2009,
scheduling the public hearing on Thursday, February 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.
The Director reported that all legal requirements to today's public hearing have been
met and up to the time of this public hearing, the department has received no letters in
support of or in opposition to this application.
1
MINUTES February 4, 2010
Chair Matsunaga opened the public hearing and asked if the applicant had any
comments on the Investigator's Report.
Mr. Brian Hubin, General Manager, stated that the Investigator's Report was received
and he had no comments to make on it.
Chair Matsunaga asked for anyone who wished to speak against this application. Since
no one wished to object, Chair Matsunaga asked for anyone who wished to speak in
favor of this application.
Since there were no questions or comments, Chair Matsunaga closed the public
hearing on Application No. 2010-63.
A motion was made by Commissioner Nakea, seconded by Vice Chair Akita, and
unanimously carried, to approve Application No. 2010-63 filed by Lahaina Petroleum,
LLC dba Lihue Chevron for a Retail Dealer Beer & Wine license.
(b) KOLOA TOWN CHEVRON: Application No. 2010-64 was filed on
November 24, 2009 by Lahaina Petroleum, LLC dba Koloa Town Chevron for a
Retail Dealer Beer & Wine license located at 3486 Koloa Road, Koloa, Kauai,
Hawaii. The Commission accepted Application No. 2010-64 for publication and
public hearing on December 3, 2009 and ordered to print notices of public
hearing in The Garden Island newspaper on Wednesdays, December 9 & 16,
2009, scheduling the public hearing on Thursday, February 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.
The Director reported that all legal requirements for today's public hearing have been
met and up to the time of this public hearing, the department has received no letters in
support of the application and 1 letter opposing this application.
Chair Matsunaga opened the public hearing and asked if the applicant had any
comments on the Investigator's Report.
Mr. Brian Hubin, General Manager, stated that he received a copy of the Investigator's
Report and had no comments on it.
The Director stated that the applicant made mailings to 22 property owners and 1 letter
of opposition from Melvin Nishida was received yesterday.
Mr. Hubin stated that some of Mr. Nishida's concerns are also things the applicant
should be concerned about. Mr. Hubin continued to say that they are a responsible
company that trains their employees not to sell to juveniles and intoxicated persons. As
for Mr. Nishida's concern about people loitering and acting rowdy, Mr. Hubin stated that
2
MINUTES February 4, 2010
they would call the police if anything like this were to happen. They already have
policies in place to call the police if they see any bad behavior.
Chair Matsunaga asked for anyone who wished to object to this application. Since no
one wished to speak against the application, Chair Matsunaga asked for anyone who
wished to speak on behalf of the application.
Commissioner Nakea commented on paragraph 4 of the letter in which Mr. Nishida
states that "it is not a far fetched assumption that the principal owners or its
representatives of Koloa Town Chevron is "acquainted" to "socially well known" with the
Commission and conversely there is no relationship with the area residents". For the
record, Commissioner Nakea stated that this is a far fetched notion.
For the record, Chair Matsunaga also stated that he doesn't know the applicant or its
representative.
Vice Chair Akita was disappointed that Mr. Nishida did not appear because he seems to
make comments that are very "far fetched" to use his own terms.
Commissioners Ventura, Shibata, Pacheco and Gibson all stated that they don't know
Mr. Hubin or the applicant.
Since there were no further questions or comments, Chair Matsunaga closed the public
hearing.
A motion was made by Commissioner Nakea, seconded by Commissioner Gibson, and
unanimously carried, to approve Application No. 2010-64 filed by Lahaina Petroleum,
LLC dba Koloa Chevron for a Retail Dealer Beer & Wine license.
2. VIOLATION HEARINGS:
(a) OLDE CANNERY FUELS CO. LLC: Violation of Rule 3.12, Commission orders.
Mr. Kevin Hurst, Member, represented the licensee and admitted to the charge. Mr.
Hurst stated that the fine was paid late and it was just an oversight.
Commissioner Nakea thought it was disappointing after having gone through the
process the month before. This shows the licensee is inattentive and Commissioner
Nakea was disappointed to see Mr. Hurst back for another violation. At the hearing Mr.
Hurst said he didn't know there wasn't money in the account because of an impending
sale of the business. Commissioner Nakea asked if he would be transferring the liquor
license and Mr. Hurst responding in the affirmative.
3
MINUTES February 4, 2010
Commissioner Pacheco asked when the fine was paid and the Director reported that the
fine was paid on December 31 , 2009.
Commissioner Nakea made a motion, which was seconded by Commissioner Shibata,
and unanimously carried, to assess a $250 fine against Olde Cannery Fuel & Mart for
violation of Rule 3.12.
(b) 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.
Mr. John Halter, Vice President, represented the licensee and admitted to all 3 counts of
the charges.
Mr. Halter explained that they had an employee who used very poor judgment. The
employee was terminated and the industry night as it was called has been stopped. Mr.
Halter stated that he is also meeting with his employees to go over the rules that have
been forgotten or neglected. Mr. Halter added that they now close at 10:00 p.m.
Responding to Commissioner Nakea's inquiry, Mr. Halter explained that industry night is
when they'd stay open late and offer food specials for restaurant and hotel employees
who'd come to Pizzetta after they get off from work. It was held on Monday and
Wednesday nights for about 2 months. In 10 years of business, Mr. Halter said they've
never had any violations.
Commissioner Nakea noted that the information they've received indicates that Pizzetta
had a prior violation and was fined $50.
Vice Chair Akita asked if only 1 employee was involved and Mr. Halter stated that he
fired that employee as soon as he found out about these violations. The employee was
working at the time and had to be escorted out.
Commissioner Nakea made a motion, which was seconded by Commissioner Ventura,
and unanimously carried, to assess a total fine of$500 against Pizzetta for violation of
Rules 7.7, 6.2 and 7.11 .
The Commission adjourned the hearings agenda and continued with the agenda for the
regular meeting.
4
MINUTES February 4, 2010
1 . DIRECTOR'S REPORT:
(a) INVESTIGATORS' REPORTS.
(b) INCOMING COMMUNICATIONS:
(1) From Remy Cointreau USA, Re: Remy Martin XO Amenity Pack with Asian
Year Bottle Stopper.
(2) From Constellation Wines U.S., Re: Estencia Save $3 on Total Purchase
Offer, Estencia Save $2 on Brianna's Dressing Offer, and Estencia Save $2
on Books Offer.
(3) Disturbance Reports from Market Street Diner and Sheraton Kauai Resort.
(c) OUTGOING COMMUNICATIONS:
(1) Notice of Hearing to Olde Cannery Fuel & Mart and Pizzetta.
(2) To Remy Cointreau USA, Re: Remy Martin XO Amenity Pack with Asian
Year Bottle Stopper.
(3) To All Wholesale Licensees, Re: New Liquor License; Transfer of License.
(d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See attachment.
(e) ACTIONS OF THE DIRECTOR:
(1) INCHCAPE SHIPPING SERVICES: Approval of Application No.
2010-81 filed on January 14, 2010 by ISS Marine Services Inc. dba
Inchcape Shipping Services for a Transient Vessel license on
January 27, 2010 aboard the M/S Seabourn Odyssey while docked at
Nawiliwili Harbor, Kauai, Hawaii.
(2) THE WINE GARDEN: Approval of special request to conduct sampling of 5
varieties of wine on January 30, 2010 from 4:00 p.m. to 7:30 p.m. and
exception to sample serving size of no more than 1 ounce of each variety of
wine equaling 5 ounces in total per customer is approved.
(3) KILOHANA: Approval of Application No. 2010-82 filed on January 19, 2010
by Kauai Kilohana Partners dba Kilohana for a Special General license on
January 25, 2010 at Iliahi, Lihue, Kauai, Hawaii.
(4) ROTARY CLUB OF WEST KAUAI: Approval of Application No. Free
2010-18 filed on January 28, 2010 by the Rotary Club of West Kauai for a
Free One-Day Special Retail Dealer General license on January 30, 2010
on the Waimea Plantation Cottages' Administration Building lawn and
breezeway, 9400 Kaumualii Highway, Waimea, Kauai, Hawaii.
5
MINUTES February 4, 2010
(e) ACTIONS OF THE DIRECTOR: (Cont'd.)
(5) WAIMEA BREWING COMPANY: Approval of special requests for
temporary increase of premises to include the lawn area on January 30,
2010 from 4:00 p.m. to 12:00 midnight, permission to place one full bottle of
Scotch Whiskey on each table seating 6 to 10 people, and permission to
allow retail liquor sales by the Rotary Club of West Kauai at its Burns
Supper fundraising event.
(6) KAUAI HEALTH & WELLNESS ASSOCIATION: Approval of Application
No. Free 2010-19 filed on January 28, 2010 by Kauai Health & Wellness
Association for a Free One-Day Special Dispenser Beer & Wine license on
January 30, 2010 at the Kauai War Memorial Convention Hall, Exhibit Hall
"A", 4191 Hardy Street, Lihue, Kauai, Hawaii.
(7) MARKET ADVANTAGE: Approval of special request to conduct sampling
of 4 types of The Glenlivet Scotch Whiskey on January 31 , 2010 from 1 :30
p.m. to 3:30 p.m. at the Kauai Marriott Resort Ocean Front Terrace area of
Kukui's Restaurant and exception to sample serving size of no more than Y2
ounce of each type of whiskey equaling
2 ounces in total per customer is approved.
(8) KAUAI MARRIOTT RESORT: Approval of special request for temporary
decrease of premises by excluding the Ocean Front Terrace area of Kukui's
Restaurant, per diagram submitted, on January 31 , 2010 from 1 :30 p.m. to
3:30 p.m. and allow Market Advantage to conduct "Scotch Tasting".
(f) INFORMATIONAL MATTERS.
A motion was made by Commissioner Shibata and seconded by Vice Chair Akita to
approve the above Director's Report.
Under (f), Informational Matters, the Director summarized bills in the legislature. One
bill, SB 2179, was submitted in part by the Hawaii Council of Mayors and it proposes to
authorize the mayors to hire and remove the liquor administrators. The Charter Review
Commission is looking into the possibility of amending language of the County Charter
to remove that authority from the Commission and have the directors listed become
appointees of the mayor.
The Director stated that there are also bills about smoking in bars, regulating BYOB
places, impounding vehicles of highly intoxicated individuals and requiring training of all
employees. Regarding training, the Commissions have asked for at least 2 years to get
input from licensees. The bill has merit but there are implementation questions and
there's significant impact for licensees and for the liquor departments.
The Director stated that he will continue to monitor the progress of legislative bills and
provide updates.
6
MINUTES February 4, 2010
The motion to approve the Director's Report was put and unanimously carried.
2. VIOLATION REPORTS:
(a) BRICK OVEN PIZZA: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
(b) KEOKI'S PARADISE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
(c) MARKET STREET DINER: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
(d) PAR 4 DA COURSE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
(e) GRINDS ESPRESSO: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
(f) MARIACHI'S MEXICAN CUISINE: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
(g) PIZZETTA (Koloa): Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Vice Chair Akita made a motion, which was seconded by Commissioner Shibata, and
unanimously carried, to issue notice of hearings to the above licensees and schedule
the violation hearings on February 18, 2010.
3. DEFERRED MATTER:
Proposed amendments to Rules & Regulations.
Instead of going over each amendment, the Director asked if there any questions on a
specific proposal and stated that this item could be deferred again if more review time is
needed.
A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and
unanimously carried, to defer acting on the proposed amendments to the Rules &
Regulations.
4. SPECIAL REQUEST:
PIZZETTA (Kapaa): Permanent decrease of premises by excluding the main dining
room and kitchen, per diagram submitted, and alteration of premises by replacing
doorway with a solid wall.
The Director stated that this Pizzetta is in Kapaa and they will only do pizza in the
remaining area.
A motion was made by Vice Chair Akita, seconded by Commissioner Ventura, and
unanimously carried, to approve the above request from Pizzetta to permanently
decrease its premises by excluding the kitchen and main dining room area and alter the
premises by replacing a doorway with a solid wall.
7
MINUTES February 4, 2010
5. TRANSFER OF LICENSE:
KAUAI BAR: Application No. 2010-86 was filed on February 2, 2010 for transfer of
Restaurant General License No. 2G-012 from Sushi Bushido, LLC dba Sushi
Bushido to James T. Jasper II dba Kauai Bar located at 3416 Rice Street, Lihue,
Kauai, Hawaii. Deposited $275.
Commissioner Nakea made a motion, which was seconded by Commissioner Shibata,
and unanimously carried, to accept Application No. 2010-86 for publication and public
hearing and to print notice of public hearing in The Garden Island newspaper on
Wednesday, February 10, 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 4:40 p.m.
Respectfully submitted,
Christine Nakaahiki
Commission Secretary
8