HomeMy WebLinkAboutminutes03-04-10 MINUTES March 4, 2010
The Kauai Liquor Control Commission held a regular meeting on Thursday, March 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, William Gibson and Gary Pacheco were present.
Absent and excused were Commissioners Clifford Nakea and Myles Shibata.
APPROVAL OF AGENDA: A motion was made by Commissioner Ventura, seconded
by Commissioner Pacheco, and unanimously carried, to approve the hearings and
regular meeting agendas as prepared by the Director.
1 . PUBLIC HEARINGS:
(a) OASIS ON THE BEACH: Application No. 2010-76 was filed on December 24,
2009 by Bloody Mary's Oceanfront Bar and Grill, LLC dba Oasis on the Beach
for a Restaurant General, live entertainment and dancing license located at
4-820 Kuhio Highway, Kapaa, Kauai, Hawaii. The Commission accepted
Application No. 2010-76 for publication and public hearing on January 7, 2010
and ordered to print notices of public hearing in The Garden Island on
Wednesdays, January 13 and 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. (NOTE: Change of firm name from "Bloody Mary's Oceanfront Bar and
Grill" to "Oasis on the Beach" was approved on February 18, 2010.)
Mr. Dexter Shimatsu, Investigator, reported that all legal requirements for today's public
hearing have been met. The applicant mailed 233 notices to property owners and
lessees of record within 500' of the premises and the department has received no
letters supporting the application and one letter objecting to the application.
Chair Matsunaga opened the public hearing and asked if they've received a copy of the
Investigator's Report.
Mr. Paul Kyno and Mr. Stefan Mandel, both Members, represented the applicant. Mr.
Mandel stated that the Investigator's Report was received and they had no comments
on it.
Chair Matsunaga asked for anyone who wished to object to this application. Since no
one wished to object, Chair Matsunaga asked for anyone who wished to speak in favor
of the application.
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MINUTES March 4, 2010
Mr. Jimmy Jasper stated that he knows Paul Kyno to be a straight up guy, a straight
shooter, and a hard worker. In Mr. Jasper's opinion, Mr. Kyno will do a good job and
the Commission should approve the application.
Commissioner Ventura surmised that the complainant's unit is on the second floor and
asked if he was going to be impacted. Mr. Kyno said no. The snack bar is close to the
ocean and the kitchen is in the back. Right now, they have to run the food from the
back to the snack bar so down the line, maybe in 6 to 8 months, they're looking at
combining the two. Mr. Kyno said he went and met with Mr. George O'Connell and this
plan does not affect his view. Mr. O'Connell said it was more the noise from the fan.
Mr. Kyno felt they'd have to spend considerably much more money for a quieter fan.
Chair Matsunaga asked when they met. Mr. Kyno said it was about 5 weeks ago when
they met and that's why he's shocked that he wrote the letter. Mr. Kyno related that he
was introduced to Mr. O'Connell by the President of the AOAO. Mr. Kyno went to Mr.
O'Connell's unit and met his wife and looked at the view. Mr. O'Connell agreed that the
view won't be affected. He said it was more the fan noise. Mr. Kyno stated that before
they can do anything, they have to go before the whole AOAO.
Commissioner Ventura asked about the number of units in the complex. Mr. Kyno
stated that there are 196 units and each owner was sent a notice advising them of this
application.
Since there were no further questions or comments, Chair Matsunaga closed the public
hearing.
Vice Chair Akita made a motion, which was seconded by Commissioner Gibson, and
unanimously carried, to approve Application No. 2010-76 filed by Bloody Mary's
Oceanfront Bar & Grill, LLC dba Oasis on the Beach for a Restaurant General license.
(b) 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. The Commission accepted Application No. 2010-86 for
publication and public hearing on January 7, 2010 and ordered to print notices
of public hearing in The Garden Island 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.
Investigator Shimatsu reported that all legal requirements for today's public hearing
have been met and up to the time of this public hearing, no letters objecting to or
supporting this application have been received.
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MINUTES March 4, 2010
Chair Matsunaga opened the public hearing and asked if the Investigator's Report was
received.
The applicant, Mr. James Jasper II, appeared and stated that he received a copy of the
Investigator's Report and he has no comments 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. 2010-86.
A motion was made by Commissioner Gibson, seconded by Vice Chair Akita, and
unanimously carried, to approve Application No. 2010-86 for transfer of Restaurant
General License No. 2G-012 from Sushi Bushido, LLC dba Sushi Bushido to James
Jasper II dba Kauai Bar.
2. VIOLATION HEARING:
PIZZETTA (Koloal: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Mr. John Halter, Vice President , and Mr. Miguel Balderas, Manager, represented the
licensee. Mr. Halter stated that they didn't see the minor's ID and he is assuming that
she is indeed a minor so he admits to the charge.
Mr. Balderas explained that at about 8:00 p.m., three girls came and sat down at a
table. Juliana Campos took their order. Mr. Balderas asked her if she checked their
IDs and assumed it was okay. Ms. Campos said 1986 and 1987 so Mr. Balderas took
the beer to the table and then the police came and arrested them.
In response to Vice Chair Akita's inquiry, Mr. Balderas stated that he went to the bar
and served the drinks. Regarding what the waitress had told him, Mr. Balderas stated
that he asked to see the ID, but the police officer said he could not. Mr. Balderas spoke
to the waitress and she repeated many times that she was sure they were 21 .
Vice Chair Akita asked about their training and Mr. Balderas stated that they train on the
importance of checking IDs and anyone working at Pizzetta has to come and take the
blue card test.
Vice Chair Akita asked if he pointed out to her that a minor's driver's license is in a
vertical format. Mr. Halter said that's the reason why he's having everyone get a blue
card. It's a good idea to have everyone versed on the laws.
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MINUTES March 4, 2010
Chair Matsunaga asked if the waitress had been working long and Mr. Balderas said
she'd been there for about 4 months. Mr. Halter stated that she was terminated.
Commissioner Pacheco stated that they should remind their employees that as soon as
they see a vertical ID, that should be a red flag automatically. Pizzetta is not the only
licensee caught with this violation but all the others have indicated that they are working
with their employees. Mr. Halter stated that they met with the employees last month
and they have a book showing IDs from the different states, not only Hawaii's.
In this case, Commissioner Gibson reminded the licensee that simply asking "how old
are you?" could have prevented this violation.
Vice Chair Akita made a motion, which was seconded by Commissioner Gibson, and
unanimously carried, to fine Pizzetta $2,000 and suspend payment of$1 ,000 provided
there are no further violations of this section 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 Remy Cointreau USA, Re: Label Approval and Brand Registration.
(2) From Winery Compliance NW Inc., Re: SakeOne Product Labels.
(3) From Celebrity Resorts of Hanalei Bay Restaurant, LLC, Re: Bali Hai
Restaurant.
(c) OUTGOING COMMUNICATIONS:
(1) Notice of Hearing to Pizzetta (Koloa).
(2) Findings of Fact to Brick Oven Pizza (Kalaheo), Grinds Espresso, Keoki's
Paradise, Mariachi's Mexican Cuisine, Market Street Diner, and Par 4 Da
Course.
(d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See attachment.
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MINUTES March 4, 2010
(e) ACTIONS OF THE DIRECTOR:
(1) DA KINE WINE: Approval of special request to conduct wine tasting on
February 20, 2010 and February 27, 2010 from 4:00 p.m. to 7:00 p.m.
(2) ROB'S GOOD TIMES GRILL: Approval of special request for temporary
increase of premises to include sidewalk and 70' x 20' tent covering
approximately 6 parking stalls fronting the restaurant, per diagram
submitted, from 9:00 a.m. on March 17, 2010 to 2:00 a.m. on March 18,
2010.
(3) THE WINE GARDEN: Approval of special request to conduct sampling of 5
varieties of wine on February 27, 2010 and March 27, 2010 from 4:00 p.m.
to 8:00 p.m. and as provided for 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.
(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. SPECIAL REQUEST:
KOJIMA'S, INC.: Permanent decrease of premises and alteration of premises by
constructing a new wall and entrance, per diagram submitted.
A motion was made by Commissioner Ventura, seconded by Vice Chair Akita, and
unanimously carried, to approve the above request from Kojima's to alter the premises
and permanently decrease its premises.
3. VIOLATION REPORT:
A TASTE OF PARADISE KAUAI: Violation of Rule 3.12, Commission orders.
Vice Chair Akita made a motion, which was seconded by Commissioner Gibson, and
unanimously carried, to issue notice of hearing to A Taste of Paradise Kauai and
schedule the hearing on March 18, 2010.
4. CHANGE IN CORPORATE OFFICERS:
COSTCO WHOLESALE CORPORATION: Appointment of Walter Craig Jelinek,
President/Director, replacing James D. Sinegal as President.
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MINUTES March 4, 2010
A motion was made by Commissioner Pacheco, seconded by Vice Chair Akita, and
unanimously carried, to approve the above change in corporate officers of Costco
Wholesale Corporation.
5. CHANGE OF FIRM NAME:
PIZZETTA (Kapaa): Change of firm name on Restaurant General License No.
2G-033 from "Pizzetta" to "Lava Lounge".
A motion was made by Commissioner Ventura, seconded by Commissioner Pacheco,
and unanimously carried, to approve the change of firm name on Restaurant General
License No. 2G-033 to Lava Lounge.
6. EXTENSION IN TIME TO EXERCISE LICENSE:
JOSSELIN'S: Pursuant to Rule 5.1 (c), request for an extension until May 31 , 2010
to exercise Restaurant General license which was approved on July 16, 2009.
(Extension until April 30, 2010 was approved on December 3, 2009)
Mr. Gerald Rapozo, Investigator, responding to Vice Chair Akita's inquiry, explained that
the applicant had trouble obtaining their building permits which delayed construction.
Commissioner Pacheco made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to approve the above request from Josselin's for an extension
until May 31 , 2010 to exercise the Restaurant General which was approved on July 16,
2009.
7. TEMPORARY LICENSE:
KALAPAKI JOE'S, POIPU: Application No. 2010-88 was filed on February 8, 2010
by Valente Holdings, LLC dba Kalapaki Joe's, Poipu for a Temporary, no live
entertainment and no dancing, license located at 1941 Poipu Road, Koloa, Kauai,
Hawaii. Deposited $60.
A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and
unanimously carried, to approve Application No. 2010-88 filed by Valente Holdings, LLC
dba Kalapak-i Joe's, Poipu for a Temporary Restaurant General license.
8. NEW LIQUOR LICENSE:
KALAPAKI JOE'S, POIPU: Application No. 2010-87 was filed on February 8, 2010
by Valente Holdings, LLC dba Kalapaki Joe's, Poipu for a Restaurant General, live
entertainment and dancing license located at 1941 Poipu Road, Koloa, Kauai,
Hawaii. Deposited $450.
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MINUTES March 4, 2010
Vice Chair Akita made a motion, which was seconded by Commissioner Ventura, and
unanimously carried, to accept Application No. 2010-87 for publication and public
hearing and to print notices of public hearing in The Garden Island newspaper on
Wednesdays, March 10 & March 17, 2010, scheduling the public hearing on Thursday,
May 6, 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.
9. DEFERRED MATTER:
Proposed amendments to Rules & Regulations.
Vice Chair Akita made a motion, which was seconded by Commissioner Pacheco, and
unanimously carried, to defer acting on the proposed amendments until the Director
returns.
ADJOURNMENT: There being no further business to transact, Chair Matsunaga
adjourned the meeting at 4:30 p.m.
Respectfully submitted,
Christine Nakaahiki
Commission Secretary
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