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Home My WebLink Aboutminutes03-18-10 MINUTES March 18, 2010 The Kauai Liquor Control Commission held a regular meeting on Thursday, March 18, 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 Clifford Nakea and Gary Pacheco were present. Absent and excused were Commissioners Pauline Ventura, William Gibson and Myles Shibata. APPROVAL OF AGENDA: Vice Chair Akita 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 HEARING: A TASTE OF PARADISE KAUAI: Violation of Rule 3.12, Commission orders. Mr. Ronald Gilbert, Manager, represented the licensee and admitted to the charge. Mr. Gilbert explained that after the last violation hearing when he was fined $1 ,000, he was told that he'd receive the findings. He construed that to mean he'd receive something in the mail, which was his mistake. Mr. Gilbert said he was not at the restaurant when the findings were delivered. The girl who received it had a pending court case because of that violation of serving liquor to a minor. When they asked her to sign that paper, she thought that it had to do with her court case, so she took it home and gave it to her husband, who put it in the file. Mr. Gilbert indicated that he was never notified of the delivery. When Gerald Rapozo, Investigator, called to advise him that his payment was late, Mr. Gilbert related that he hadn't received the documentation. Investigator Rapozo said the document was delivered and it was signed for as received by Jitar Loungkaewaporn, the individual who created the violation in the first place. Mr. Gilbert stated that he did not mean to disrespect the Commission. Commissioner Nakea made a motion, which was seconded by Vice Chair Akita, and unanimously carried, to assess a $50 fine against A Taste of Paradise Kauai for violation of Rule 3.12. The Commission adjourned the hearings agenda and continued with the agenda for the regular meeting. 1 . DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS. 1 MINUTES March 18, 2010 (b) INCOMING COMMUNICATIONS: (1) From Kalik Lewin, Re: Rodney Strong "Spring into Green" Promotion. (2) From Sweepstakes Consulting LLC, Re: Arbor Mist "Pairs Well with Fun" Sweepstakes. (3) Disturbance Reports from Ichiban Sushi & Bar and Tradewinds, A South Seas Bar. (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearing to A Taste of Paradise Kauai. (2) To All Wholesale Licensees, Re: New Liquor Licenses. (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. (e) ACTIONS OF THE DIRECTOR: (1) DA KINE WINE: Approval of special requests to conduct wine tasting on March 6, March 12 and March 13, 2010 from 4:00 p.m. to 7:00 p.m. (2) TIMES SUPER MARKET: Approval of special request to conduct product tasting on March 8, 2010 from 1 :30 p.m. to 6:30 p.m. (3) ICHIBAN SUSHI & BAR: Approval of special request to alter premises by constructing a doorway behind the sushi bar which leads to the kitchen and removal of a wall divider between the sushi bar and dining area, per diagram submitted. (4) PIZZETTA (KAPAA): Approval of special request for temporary increase of premises to include the kitchen, per diagram submitted, from March 1 to March 12, 2010. (5) THE ST. REGIS PRINCEVILLE RESORT: Approval of off-premise catering request for a dinner/reception on March 13, 2010 at Anini Vista, 1403 Anini Vista Road, Kilauea, Kauai, Hawaii. (6) ISLAND SCHOOL: Approval of Application No. Free 2010-24 filed on March 4, 2010 by Island School for a Free One-Day Special Retail Dealer General license on March 13, 2010 at the Kauai Marriott Resort's Kauai Ballroom, 3610 Rice Street, Lihue, Kauai, Hawaii. (7) KAUAI MARRIOTT RESORT: Approval of special request to allow retail liquor sales by Island School at its annual fundraising event in the Kauai Ballroom on March 13, 2010 from 5:00 p.m. to 11 :00 p.m. 2 MINUTES March 18, 2010 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (8) KILOHANA: Approval of Application Nos. 2010-90 through 2010-93 filed on March 4, 2010 by Kauai Kilohana Partners dba Kilohana for Special General licenses on March 15, 2010 at the National Tropical Botanical Gardens, Koloa, on March 17, 2010 at the Koloa Sugar Mill, Koloa, on March 23, 2010 at CJM Country Stables, Poipu, and on March 24, 2010 at the old Koloa Sugar Mill, Koloa, Kauai, Hawaii. (9) EASTER SEALS HAWAII: Approval of Application No. Free 2010-25 filed on March 8, 2010 by Easter Seals Hawaii for a Free One-Day Special Dispenser Beer license on June 13, 2010 at the Kauai Veterans Center, 3215 Kapule Highway, Lihue, Kauai, Hawaii. (f) INFORMATIONAL MATTERS. A motion was made by Commissioner Pacheco, seconded by Vice Chair Akita, and unanimously carried, to approve the above Director's Report. 2. CANCELLATION OF TEMPORARY LICENSE: BLOODY MARY'S OCEANFRONT BAR AND GRILL: Effective March 5, 2010, cancellation of Temporary License No. T 2010-05 issued to Bloody Mary's Oceanfront Bar and Grill. Commissioner Pacheco made a motion, which was seconded by Commissioner Nakea, and unanimously carried, to accept the cancellation of Temporary License No. T 2010-05. 3. SOLICITOR'S PERMIT: WESLEY AKIRA SAKAMOTO: Application No. 2010-96 was filed on March 11 , 2010 by Wesley Akira Sakamoto for a Solicitor's Permit in the County of Kauai to represent The Cherry Co., Ltd., a Wholesale Dealer General licensee in the City & County of Honolulu. Deposited $180. A motion was made by Commissioner Pacheco, seconded by Commissioner Nakea, and unanimously carried, to approve Application No. 2010-96 filed by Wesley Akira Sakamoto for a Solicitor's Permit to represent The Cherry Co., Ltd. in the County of Kauai. 3 MINUTES March 18, 2010 4. ALCOHOL PURCHASE PERMIT: NATIONAL TROPICAL BOTANICAL GARDEN: Request for permit to purchase absolute and diluted alcohol. The Director stated that this alcohol would be used for scientific purposes and not for consumption. Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco, and unanimously carried, to approve the above request from National Tropical Botanical Garden for an Alcohol Purchase Permit. 5. NEW LIQUOR LICENSE: THE NEW CANNERY: Application No. 2010-94 was filed on March 11 , 2010 by C.O.R. LLC dba The New Cannery for a Retail Dealer General license at 5633 Kawaihau Road, Kapaa, Kauai, Hawaii. Deposited $350. Commissioner Pacheco made a motion, which was seconded by Vice Chair Akita, and unanimously carried, to accept Application No. 2010-94 for publication and public hearing and to print notices of public hearing in The Garden Island newspaper on Wednesdays, March 24 & March 31 , 2010, scheduling the public hearing on Thursday, May 20, 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. 6. TEMPORARY LICENSE: THE NEW CANNERY: Application No. 2010-95 was filed on March 11 , 2010 by C.O.R. LLC dba The New Cannery for a Temporary Retail Dealer General license located at 5633 Kawaihau Road, Kapaa, Kauai, Hawaii. Deposited $60. A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and unanimously carried, to approve Application No. 2010-95 filed by C.O.R. LLC dba The New Cannery for a Temporary Retail Dealer General license. 7. CHARTER REVIEW COMMISSION'S REQUEST FOR COMMENT. The Director stated that the Charter Review Commission is asking this Commission to comment on a possible Charter amendment that will revise the way Commission appointed department heads are hired and removed. Vice Chair Akita stated that she has no comment on the matter and Commissioner Nakea, Commissioner Pacheco and Chair Matsunaga echoed her sentiment. 4 MINUTES March 18, 2010 The Director stated that he will transmit a letter to the Charter Review Commission saying the Commission has no comments. 8. DEFERRED MATTER: Proposed amendments to Rules & Regulations. A motion was made by Vice Chair Akita and seconded by Commissioner Pacheco to approve the proposed amendments. The Director stated that the licensees will be advised of the proposed amendments and given a 30-day comment period. The proposals will then come back to the Commission and a public hearing scheduled for the public's and licensee's comment. The rule changes and its cost impact must also be explained to the Small Business Regulatory Board for their review. Vice Chair Akita thought Investigator Dexter Shimatsu did a very good job on the proposals. It's a very comprehensive review of our rules and regulations that incorporates the condominium hotel and definitions to bring it up to date. The Director agreed that Investigator Shimatsu was instrumental in compiling the amendments. Throughout the years, Investigator Shimatsu keeps a log of rules that become problematic because of economic changes or business structural changes and indexes those that may become candidates for possible amendments. Vice Chair Akita noted that there are no financial changes. Investigator Shimatsu stated that there are none except for establishing the fees for the new condominium hotel class of license and lowering the threshold so licensees within a certain revenue range may pay their percentage fee in two installments. Commissioner Pacheco wondered if there are any condominium hotels on Kauai. The Director stated that there are properties with owner occupied units in the same complex as transient units but we were not ready to accommodate them with a condominium hotel license. Chair Matsunaga asked if these rules are similar with the other counties. The Director believed a majority of the rules were identical. The intent of many rules is the same although the language is different. We ran these proposals by the other counties and some of them call us, too, when they're proposing changes. It's a cooperative effort, but these rules will only pertain to Kauai. The motion was put and unanimously carried. 5 MINUTES March 18, 2010 ADJOURNMENT: There being no further business to transact, Chair Matsunaga adjourned the meeting at 4:25 p.m. Respectfully submitted, Christine Nakaahiki Commission Secretary 6