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Home My WebLink Aboutminutes04-01-10 MINUTES April 1 , 2010 The Kauai Liquor Control Commission held a regular meeting on Thursday, April 1 , 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, William Gibson and Gary Pacheco were present. Absent and excused was Commissioner Myles Shibata. ADDITION TO AGENDA: 5. LEO AZAMBUJA: Request for Commission determination. APPROVAL OF AGENDA: Commissioner Pacheco made a motion, which was seconded by Vice Chair Akita, and unanimously carried, to approve the agenda as prepared by the Director with the inclusion of the above item #5. MINUTES OF THE MEETINGS OF SEPTEMBER 3, SEPTEMBER 17, OCTOBER 1 , OCTOBER 15, NOVEMBER 5 & NOVEMBER 19, 2009: A motion was made by Commissioner Pacheco, seconded by Commissioner Gibson, and unanimously carried, to approve the above minutes as circulated. 1 . DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS. (b) INCOMING COMMUNICATIONS: (1) From Maanum Law Firm, LLC, Re: Dewer's "Diablo Edge Cup" Sweepstakes. (2) Declaration of Political Activity of a Liquor Commission Employee from Eric Honma. (3) From Hinman & Carmichael LLP, Re: Cambria Estate Winery Fresh Flowers Cross-Promotion. (4) From Constellation Wines U.S., Re: Simi Mail-In-Rebate Offer. (5) From Sweepstakes Consulting LLC, Re: Paul Masson Uniquely Smooth Sweepstakes. (c) OUTGOING COMMUNICATIONS: (1) To All Wholesale Licensees, Re: Change of Firm Name. (2) Findings of Fact to Pizzetta and A Taste of Paradise Kauai. 1 MINUTES April 1 , 2010 (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. (e) ACTIONS OF THE DIRECTOR: (1) MALAMA PONO KAUAI AIDS PROJECT: Approval of Application No. Free 2010-26 filed on March 15, 2010 by Malama Pono Kauai AIDS Project for a Free One-Day Special Dispenser Beer & Wine license on March 21 , 2010 on the grounds of St. Michael's Church, 4364 Hardy Street, Lihue, Kauai, Hawaii. (2) DA KINE WINE: Approval of special request to conduct wine tasting on March 20, 2010 and March 27, 2010 from 4:00 p.m. to 7:00 p.m. (3) PRINCEVILLE RESTAURANT & BAR: Approval of special request to allow bridge and card playing. (4) THE ST. REGIS PRINCEVILLE RESORT: Approval of off-premise catering functions on March 19, 2010 at the Makai Golf Course, 4080 Lei O Papa Road, Princeville, from 11 :00 a.m. to 4:00 p.m. and on March 28, 2010 at Papa'a Bay Ranch, Lot A1A, Anahola, from 6:00 p.m. to 10:00 p.m. (5) MAKAI GOLF COURSE: Approval of special request for temporary decrease of premises by excluding the driving range, per diagram submitted, on March 19, 2010 from 11 :00 a.m. to 4:00 p.m. (f) INFORMATIONAL MATTERS. Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco, to approve the above Director's Report. 2. VIOLATION REPORTS: (a) OLYMPIC CAFE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (b) NORBERTO'S EL CAFE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (c) THE BULL SHED RESTAURANT: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (d) POIPU TROPICAL BURGERS: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (e) KALAHEO CAFE & COFFEE CO.: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. A motion was made by Commissioner Gibson, seconded by Commissioner Nakea, and unanimously carried, to issue notice of hearings to the above licensees, (a) through (e), scheduling the violation hearings on April 15, 2010. 2 MINUTES April 1 , 2010 3. CHANGE OF FIRM NAME: WAHOO'S SEAFOOD GRILL & BAR: Change of firm name on Restaurant General License No. 2G-038 from "Wahoo's Seafood Grill & Bar" to "Wah000 Seafood Grill & Bar". A motion was made by Commissioner Pacheco, seconded by Commissioner Gibson, and unanimously carried, to approve the above change of firm name on Restaurant General License No. 2G-038 from "Wahoo's Seafood Grill & Bar" to "Wah000 Seafood Grill & Bar". 4. TEMPORARY LICENSE: HUKILAU LANAI: Application No. 2010-98 was filed on March 12, 2010 by Scratch LLC dba Hukilau Lanai for a Temporary license to operate Restaurant General License No. 2G-006 (live entertainment and dancing) located at 520 Aleka Loop, Waipouli, Kauai, Hawaii. Deposited $60. A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and unanimously carried, to approve Application No. 2010-98 filed by Scratch LLC dba Hukilau Lanai for a Temporary license to operate Restaurant General License No. 2G-006. 5. LEO AZAMBUJA: Request for Commission determination. The Director stated that Rule 3.7 will be the subject of the Commission's determination. Trees Lounge and Leo Azambuja, an artist, have an informal agreement, which may or may not take place. Trees Lounge would benefit from this agreement by having the paintings at the restaurant and the artist would benefit by having his paintings displayed. Rule 3.7 states "No licensee shall at any time permit the showing of film, still pictures, or electronic reproductions depicting nudity or scenes wherein a person displays the anus, genitalia or female breast below the top of the areole." These pictures do depict the female breast. In reading Rule 3.7, if the Commission determines these paintings are in conflict, the Director explained that the artist has indicated that he could make adjustments so the licensee won't be in violation and pointed out a piece of tape. The Director realized that art is very subjective and these 3 paintings are in varying degrees of abstract. Mr. Justin Kollar, Deputy County Attorney, asked if the Commission typically considers a still picture a painting. The Director stated that this is the first time the subject has come up, but thought the rule, which was drafted many years ago, meant a still picture was more a picture, not a painting. If Trees Lounge puts up the pictures and gets cited, these pictures would eventually have to come here as evidence. 3 MINUTES April 1 , 2010 Commissioner Pacheco inquired about Trees Lounge's primary function. Mr. Gerald Rapozo, Investigator, stated that Trees Lounge is a restaurant that usually caters to an older crowd. Responding to further inquiry, Mr. Lorenzo Moises, Investigator, replied that people under 21 are allowed in Trees Lounge. Commissioner Nakea asked about the legislative intent of the rule and the Director stated that there are no written intentions for County rules, unlike State statutes. Commissioner Nakea stated that the court doesn't give advisory opinion until the matter comes before it. He wasn't sure if the Commission should give advice in advance. Commissioner Nakea wondered if the Commission should or can give advisory opinions. Mr. Kollar thought that giving advisory opinions would be at the discretion of the Commission. If a violation happens, there are circumstances that are going to be considered that's beyond what we have today. It's in the Commission's discretion to say yea or nay, but advisory opinions are generally discouraged. If the Commission says the paintings are permissible, but the investigators disagree and cites the licensee, Chair Matsunaga thought this body would be bound by the decision made today. Mr. Kollar agreed that an opinion could put the Commission in a sticky place. It would be the Director's job to advise the investigators and that would put him in a hard place. Vice Chair Akita stated that the Commission needs to determine if a painting is a still picture. Mr. Kollar said that's one of the issues on the table and without an intention of the rule, that's hard to determine. Another issue is if the Commission wants to advise the investigators on how to do their jobs since Mr. Azambuja and the licensee are asking for an opinion on whether they are going to get cited or not. Chair Matsunaga stated that the licensee also has other options to seek counsel. Commissioner Nakea thought that once the Commission gives an advisory opinion on conduct, this body would have to do it for everyone, which would open us up for more than just this one. Commissioner Gibson asked if there are only 3 paintings and Mr. Azambuja stated that there's going to be about 8 paintings. Mr. Azambuja added that he had no idea that minors were allowed in Trees Lounge. He said he's never seen minors there during his visits and there's a back buffer zone, a large lanai, where his paintings will be displayed. Mr. Azambuja stated that he has put his paintings up in Honolulu. Commissioner Nakea stated that he'd like to see what the Honolulu Liquor Commission rules say about this subject. 4 MINUTES April 1 , 2010 A motion was made by Commissioner Nakea, seconded by Vice Chair Akita, and unanimously carried, to defer acting on this matter until we learn what the other counties do in similar situations. ADJOURNMENT: There being no further business to transact, Chair Matsunaga adjourned the meeting at 4:26 p.m. Respectfully submitted, Christine Nakaahiki Commission Secretary 5