HomeMy WebLinkAboutminutes04-15-10 MINUTES April 15, 2010
The Kauai Liquor Control Commission held a regular meeting on Thursday, April 15,
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, and Commissioners
Clifford Nakea, William Gibson, and Gary Pacheco were present. Absent and excused
were Vice Chair Shirley Akita and Commissioner Myles Shibata.
APPROVAL OF AGENDA: Commissioner Gibson 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.
1. PUBLIC HEARING:
CASA BIANCA PIZZA PIE: Application No. 2010-89 was filed on February 9, 2010 by
Casa Bianca Kapaa, LLC dba Casa Bianca Pizza Pie for a Restaurant Beer & Wine, live
entertainment but no dancing license located at 4-1345B Kuhio Highway, Kapaa, Kauai,
Hawaii. The Commission accepted Application No. 2010-89 for publication and public
hearing on February 18, 2010 and ordered to print notices of public hearing in The
Garden Island newspaper on Wednesdays, February 24 and March 3, 2010, scheduling
the public hearing on Thursday, April 15, 2010 at 4:00 p.m. or shortly thereafter in
Meeting Room #3 of the Lihue Civic Center, 4444 Rice Street, Lihue, Kauai, Hawaii.
The Director reported that all legal requirements for today's public hearing have been
met. The applicant has mailed notices of today's public hearing to 64 property owners
and lessees of record and the department has received 1 letter of objection. No letters
in support of this application have been received.
Chair Matsunaga opened the public hearing and asked if the applicant has received a
copy of the Investigator's Report.
Mr. Gerald Keller, Member, represented the applicant and stated that the Investigator's
Report was received and he had no comments on it.
Chair Matsunaga inquired about the concerns expressed in the letter of objection and
Mr. Keller stated that they are a family style restaurant with dining facilities. They will
offer classical guitar music. Mr. Keller stated that they close at 9:00 p.m. and the music
stops at 9:00 p.m. Mr. Keller indicated that he'd never let the music overpower the
dining room. Mr. Keller believed he is taking over quite a reputation, as the previous
occupant, Shaka Taco, used to have loud music.
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MINUTES April 15, 2010
Chair Matsunaga asked for anyone who wished to speak against this application. Since
no one wished to object to this application, Chair Matsunaga asked for anyone who
wished to speak in behalf of the application.
Commissioner Nakea inquired about the closest resident and Mr. Keller thought there
were residences on the other side of the cemetery. There is a glass shop just south the
restaurant.
Commissioner Gibson asked about parking. Mr. Keller said that he's been in touch with
the Building Division and they have adequate parking. The other day the church had a
function and they used the restaurant's parking lot. Mr. Keller said that was okay since
they have lots of space.
Commissioner Pacheco asked if there's signage to say it's Casa Bianca's parking lot
and Mr. Keller replied that the sign says Roxy Square parking.
Since there were no further questions or comments, Chair Matsunaga closed the public
hearing.
A motion was made by Commissioner Gibson, seconded by Commissioner Pacheco,
and unanimously carried, to approve Application No. 2010-89 filed by Casa Bianca
Kapaa, LLC dba Casa Bianca Pizza Pie for a Restaurant Beer & Wine license.
2. VIOLATION HEARINGS:
(a) OLYMPIC CAFE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
The licensee, Mr. Burton Troy Trujillo, appeared and admitted to the charge.
Mr. Trujillo said his waitress did check the ID. She made a terrible mathematical and
mental mistake. It was towards the end of her shift and she was tired. Mr. Trujillo
stated that she is a good worker. Mr. Trujillo added that he has signs posted, he
doesn't allow people to bring in liquor and 90% of his staff have blue cards. When the
department provided sample copies of the updated Hawaii driver's license, he made
sure it was circulated to his staff. Since calendars with the appropriate date are no
longer available, Mr. Trujillo stated that he prints his own to show the birthdate of a
person turning 21 years old.
Chair Matsunaga asked if the waitress is still with him. Mr. Trujillo said she made a
mistake. She had a court date yesterday and he's waiting to see the outcome.
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To be consistent with previous dispositions of licensees in the same situation,
Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to assess Olympic Cafe with a $2,000 penalty and suspend
payment of$1 ,000 provided there is no recurrence of this violation for 1 year.
(b) NORBERTO'S EL CAFE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Mr. David Moranz, Vice President, represented the licensee and admitted to the charge.
Mr. Moranz stated that the minor came in and Dorothy McDanel served her alcohol.
Ms. McDanel did not card the minor and she regrets it greatly. Ms. McDanel is normally
very diligent about carding, but she made a mistake. Mr. Moranz stated that they intend
to card everybody from now on. Mr. Moranz said they haven't committed any violations
before and asked for the Commission's kind consideration.
Commissioner Nakea explained that the information they've received says that
Norberto's El Cafe has no violation for the last 3 years, which implies that a violation
was committed previously. The Director stated that Norberto's El Cafe was cited in
2007 for not having the Rules and Regulations and State liquor laws available on the
premises and was fined $50.
Commissioner Gibson made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to assess a $2,000 fine against Norberto's El Cafe and
suspend payment of$1 ,000 provided there is no further violation of this section for 1
year.
(c) THE BULL SHED RESTAURANT: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
Mr. Thomas Lui, Manager, represented the licensee and admitted to the charge of
violating Section 281-78(b)(1)(A).
Mr. Lui explained that during this economic downturn, they have tried to minimize the
amount of staff. On this particular evening, they suddenly got busy. Mr. Lui was doing
something else and this employee who is only 19 years old took it upon herself to serve
the cocktails because everyone else was busy. Mr. Lui stated that she is not supposed
to serve cocktails and she didn't think of the consequences.
In response to Chair Matsunaga's inquiry, Mr. Lui stated that she is still employed and
she is an excellent worker. Mr. Lui added that he has posted signs and once the last
dinner is served, they stop serving liquor.
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Commissioner Gibson asked about the impact of the arrest. Mr. Lui related that since
the incident, he has had animated conversations with other people because they think
this action and consequence is too serious. Mr. Lui stated that he supports this
operation. The other employees were made more alert and they talk about it constantly.
This incident has made all the employees more aware of the importance of checking
IDs.
A motion was made by Commissioner Pacheco, seconded by Commissioner Nakea,
and unanimously carried, to assess The Bull Shed Restaurant with a fine of$2,000 and
suspend payment of$1 ,000 if there is no further violation of this nature for 1 year.
(d) POIPU TROPICAL BURGERS: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
Ms. Amy Mendonca, President, represented the licensee and admitted to the charge.
Ms. Mendonca explained that she spends a lot of time training her employees. When
she renewed her blue card, Mr. Gerald Rapozo, Investigator, spent a lot of time
explaining the rules and she, in turn, spends twice as much time explaining the rules to
her employees. In November when the newspapers had written about all the violations,
Ms. Mendonca stated that she posted the article and had each of her employees read it.
Unfortunately, on this day, one of her servers asked for the minor's ID, but he failed to
read the ID and he did not see the red print. Afterwards, he realized what he had done
was wrong and he regrets the action.
In answer to Commissioner Gibson's question about the impact, Ms. Mendonca said
she supports it 100%. The server was immediately suspended for a week. Ms.
Mendonca indicated that he's a very loyal employee and a good worker so she brought
him back and put him on the floor as a busser and a host. He was making a lot more
money as a server, but he was very humble and learned. Ms. Mendonca kept him as a
busser and host and as he did well, he was put back on the floor as a server.
Ms. Mendonca informed the Commission that she changed her policy on March 20.
The policy now is everybody gets carded, even 60 year olds. They've gotten mixed
feelings about this. Some customers are offended; some are flattered. After a week,
Ms. Mendonca said she dropped the age from 60 to 50 and it'll stay that way until she
feels confident that her staff knows how to check IDs and take it seriously. Ms.
Mendonca stated that she serves 95% food so if they don't like the policy, it's not as
though it's dipping into her revenue.
Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to assess a $2,000 fine against Poipu Tropical Burgers and
suspend payment of$1 ,000 if there is no recurrence of this violation for 1 year.
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(e) KALAHEO CAFE & COFFEE CO.: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
Mr. John Ferguson, President, represented the licensee and admitted to the charge.
Mr. Ferguson explained that they take full responsibility for the incident. They were
short staffed that evening and he was washing dishes. They got busy and the waitress
made a mathematical error and served the minor alcohol. Mr. Ferguson stated that they
have upgraded their training and on the board where they list what's sold out, they post
the date so everybody can see it. Mr. Ferguson continued to say that the waitress was
counseled. She is a good waitress and she was made aware that future infractions will
result in further disciplinary action. Mr. Ferguson apologized and asked for leniency.
A motion was made by Commissioner Pacheco, seconded by Commissioner Gibson,
and unanimously carried, to assess Kalaheo Cafe & Coffee Co. with a $2,000 fine and
suspend payment of$1 ,000 provided there is no further violation of this section for 1
year.
The Commission adjourned the hearings agenda and continued with the agenda for the
regular meeting.
MINUTES OF THE MEETINGS OF DECEMBER 3, 2009, DECEMBER 17, 2009 &
JANUARY 7, 2010.
Commissioner Pacheco made a motion, which was 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 Olde Cannery Fuels Co., Re: Retail Dealer General License No.
4G-038.
(c) OUTGOING COMMUNICATIONS:
(1) To All Licensees, Re: New Laws.
(2) To All Wholesale Licensees, Re: Temporary Licenses; Change of Firm
Name.
(3) Notice of Hearings to Olympic Cafe, Norberto's El Cafe, The Bull Shed
Restaurant, Poipu Tropical Burgers and Kalaheo Cafe & Coffee Co.
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MINUTES April 15, 2010
(d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See attachment.
(e) ACTIONS OF THE DIRECTOR:
(1) DA KINE WINE: Approval of special request to conduct wine tasting on
April 3 and April 10, 2010 from 4:00 p.m. to 7:00 p.m.
(2) LIVING FOODS MARKET & CAFE: Approval of special request to conduct
sampling of 7 varieties of wine, per list, on April 14, 2010 from 4:00 p.m. to
6:00 p.m. and as provided for by Rule 2.13(e), exception to sample serving
size of no more than 12 ounces per customer is approved.
(3) THE WINE GARDEN: Approval of special request to conduct sampling of
5 varieties of wine, per list, on April 24, 2010 from 4:00 p.m. to 8:00 p.m.
and as provided for by Rule 2.13(e), exception for serving size of no more
than 1 ounce of each variety of wine equaling 5 ounces in total per
customer is approved.
(4) KILOHANA: Approval of Application No. 2010-98 filed on March 25, 2010
by Kauai Kilohana Partners dba Kilohana for a Special General license on
March 26, 2010 at 6781 Hauaala Road, Kealia, Kauai, Hawaii.
(5) KAUAI MUSEUM ASSOCIATION, LTD.: Approval of Application No. Free
2010-27 filed on March 29, 2010 by the Kauai Museum Association, Ltd.
for a Free One-Day Special Dispenser Beer & Wine license on May 1 ,
2010 in the Kauai Museum Courtyard, 4428 Rice Street, Lihue, Kauai,
Hawaii.
(6) CULINARY INSTITUTE OF THE PACIFIC AT KAUAI COMMUNITY
COLLEGE: Approval of Application Nos. Free 2010-28 and Free
2010-29 filed on April 1 , 2010 by the Culinary Institute of the Pacific at
Kauai Community College for Free One-Day Special Dispenser General
and Free One-Day Special Retail Dealer Beer & Wine licenses on
April 16, 2010 at Kauai Community College Campus Center and adjoining
tented area, 3-1901 Kaumualii Highway, Puhi, Kauai, Hawaii.
(f) INFORMATIONAL MATTERS.
For the Commission's information, the Director stated that Heidi Huddy-Yamamoto's
name has been withdrawn relative to her employment at a licensed premise.
Commissioner Pacheco made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to approve the above Director's Report.
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2. VIOLATION REPORTS:
(a) KOUNTRY KITCHEN RESTAURANT: Violation of Section 281-78(b)(1)(A),
HRS, Prohibitions.
(b) PACIFIC ISLAND BISTRO: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
(c) KING & I THAI CUISINE: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
(d) THE LODGE AT KOKEE: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
(e) THE BEACH HOUSE RESTAURANT: Violation of Section 281-78(b)(1)(A),
HRS, Prohibitions.
(f) HANAMAULU CAFE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
A motion was made by Commissioner Gibson, seconded by Commissioner Pacheco,
and unanimously carried, to issue notice of hearings to the above licensees, (a) through
(f), and schedule the violation hearings on May 6, 2010.
3. CONVERSION OF LICENSED ENTITY:
MEDITERRANEAN GOURMET: Conversion of licensed entity from Mediterranean
Gourmet (general partnership) to Mediterranean Gourmet Corporation.
Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to approve the above conversion of the licensed entity from
Mediterranean Gourmet (general partnership) to Mediterranean Gourmet Corporation.
4. TRANSFER OF LICENSE:
HUKILAU LANAI: Application No. 2010-97 was filed on March 12, 2010 for transfer
of Restaurant General License No. 2G-006 (live entertainment and dancing) from
The Hukilau Lanai, LLC dba Hukilau Lanai to Scratch LLC dba Hukilau Lanai located
at 520 Aleka Loop, Waipouli, Kauai, Hawaii. Deposited $275.
Commissioner Gibson made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to accept Application No. 2010-97 for publication and public
hearing and to print notice of public hearing in The Garden Island newspaper on
Wednesday, April 21 , 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.
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5. NEW LIQUOR LICENSE:
KAUAI SPECIALTY LIQUORS: Application No. 2010-100 was filed on April 5, 2010
by Keahi Enterprises, LLC dba Kauai Specialty Liquors for a Retail Dealer General
license located at 1267 Ulu Street, Kapaa, Kauai, Hawaii. Deposited $450.
A motion was made by Commissioner Nakea, seconded by Commissioner Pacheco,
and unanimously carried, to accept Application No. 2010-100 for publication and public
hearing and to print notices of public hearing in The Garden Island newspaper on
Wednesdays, April 21 & April 28, 2010, scheduling the public hearing on Thursday,
June 17, 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. DEFERRED MATTER:
LEO AZAMBUJA: Request for Commission determination.
The Director stated that he queried the other counties on whether they have a similar
rule. The Honolulu Liquor Commission has the same restriction as we do regarding
nudity. The Big Island has no rule. Maui has almost an identical rule that we do.
Chair Matsunaga understood that there was a request, but personally, he was
concerned that once an opinion is given, would that mean if he wants to display another
picture, he will bring it in again and ask for another opinion. Chair Matsunaga was
hesitant to make any kind of decision without the matter being cited. If there is no
violation before the Commission, Chair Matsunaga did not see why we should make a
decision.
Commissioner Nakea thought he stated as much the last time. Commissioner Nakea
felt it's not wise to give advisory opinions because every set of circumstances are
different. It may not apply to only paintings, but to decorations, furnishings, and people
dancing. Commissioner Nakea agreed with the Chair.
A motion was made by Commissioner Nakea and seconded by Commissioner Gibson
that the Commission not provide an advisory opinion.
Mr. Leo Azambuja asked if he would get fined if he put up his paintings. Commissioner
Nakea stated that he should see an attorney.
Mr. Azambuja stated that he's heard of places that had similar pictures up and that they
took it down and wondered if he would get fined if the Commission thought his paintings
were offensive. Mr. Mauna Kea Trask, Deputy County Attorney, stated that it's not a
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matter of offensiveness and advised the Commission not to answer these kinds of
inquiries. This matter might appear before this body at a later date and it wouldn't be
appropriate to discuss it now.
Commissioner Pacheco asked if he was satisfied and Mr. Azambuja said to look for an
attorney is prohibitive because attorneys are very expensive. Mr. Azambuja related that
he's heard there are other places that carry artwork of women's breasts.
Commissioner Nakea stated that a lawyer can advise him in the interpretation of the
rule.
Mr. Azambuja inquired about Honolulu's rule and the Director reiterated that Honolulu
has a similar rule and Maui has a rule with almost the exact same wording as ours.
The motion not to give an advisory opinion was put and unanimously carried.
ADJOURNMENT: There being no further business to transact, Chair Matsunaga
adjourned the meeting at 4:55 p.m.
Respectfully submitted,
Christine Nakaahiki
Commission Secretary
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