HomeMy WebLinkAboutminutes05-06-10 MINUTES May 6, 2010
The Kauai Liquor Control Commission held a regular meeting on Thursday, May 6,
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, Vice Chair Shirley Akita and Commissioners
Clifford Nakea, William Gibson and Gary Pacheco were present. Absent and excused
were Chair Gerald Matsunaga and Commissioner Myles Shibata.
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 as prepared by the Director.
1 . PUBLIC HEARINGS:
(a) 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. The Commission accepted Application No.
2010-87 for publication and public hearing on March 4, 2010 and ordered 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.
The Director reported that all legal requirements for today's public hearing have been
met. By affidavit, the applicant has indicated that they have made mailings to 186
property owners and lessees of record within 500' of the premises and up to the time of
this public hearing, the department has received written objections, as well as one letter
of support. There were 16 outright objections where the writers indicated that they were
not in favor of the liquor license application. There were 12 objections from people who
were concerned about the live entertainment and dancing portion of the application.
They were in favor of the liquor license, but were objecting to the provisions for live
entertainment and dancing. There was one letter in support from the K6Ioa Community
Association Board of Directors. The Director advised that while the K6Ioa Community
Association does not have standing, they were willing to issue their support.
Vice Chair Akita opened the public hearing and asked if the Investigator's Report was
received.
Mr. Jody Valente, President, represented the applicant and stated that he received the
Investigator's Report and had no comments on it.
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MINUTES May 6, 2010
Vice Chair Akita asked for anyone who wished to speak against this application, giving
first preference to anyone who had not already written letters to the Commission. There
was no one. Vice Chair Akita pointed out that the Commission has received copies of
everyone's letters and took the time to read them and asked if anyone wished to say
something in addition to their previously submitted written comments.
Mr. Burton S. Weitzman stated that he's been a resident at 1901 Poipu Road since
2003 and he's been an owner for the last 16 years. Mr. Weitzman said he has a
stipulation and an objection. Mr. Weitzman indicated that he is a licensee of this board
and he has a red card. He'd love to see Kalapaki Joe's open, but only with the
stipulation that this Commission watches over and polices the agreement that Kalapaki
Joe's made with the racquet club where they agree to keep the noise down and shut the
windows. It's like putting a roller rink in the middle of a residential/retirement area, but
Mr. Weitzman thought it's not fair that they oppose a liquor license because there have
been two fine establishments operating previously in this location. The noise level of
those two establishments were okay for a retirement or vacation rental area, however,
Kalapaki Joe's ambiance creates an atmosphere of excitement. They have no less than
4 or 5 sporting events streaming by satellite at one time. Mr. Weitzman related that he
was in Kalapaki Joe's Nawiliwili location two weeks ago at 7:30 p.m., towards the end of
their happy hour. There were great deals, low prices; and a great ambiance, but it
creates a lot of excitement and a lot of noise. Mr. Weitzman stated that he's against the
liquor license for this establishment unless the Liquor Commission polices the
agreement that they have made with the racquet club. If we leave it up to the landlord,
he's just going to slap them on the hand. Mr. Weitzman felt he didn't have to remind the
Commission of the double fatality accident they had out in front, allegedly from alcohol
that employees of the last establishment had after hours. Mr. Weitzman said the
agreement to keep the sound down looks good on paper, but if the liquor board does
not stand behind it, there will be problems.
Before going on, the Director stated that he'd like to read the agreement. It is an
agreement between the tenant and the landlord and any violation would cause a breech
of their lease. The agreements states, 1 . Island style music only (no rock & roll, etc.)
shall be played (ukulele, acoustic guitar & bass) no later than 8:00 p.m. 2. All music
must be staged on the parking lot side of the building. The two east windows shall
remain closed while music is playing. 3. Any special functions that varies from
restrictions that Racquet Club has imposed must get unanimous board approval prior to
function. 4. Poipu Kai Association (PKA) provides Patrol Services daily, however, if it is
reported to Management that additional security is necessary, PKA will require operator
to provide this service."
Mr. Brian Hoefer stated that he has owned Kahala 133 for 23 years. He has made
some observations and has concerns about it being a sports bar since he has enjoyed
the quiet and peacefulness of the area. Mr. Hoefer stated he went down to Nawiliwili
last Saturday to see what it was all about. They had a fight on and the parking lot was
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full. Mr. Hoefer explained that he parking across the little river there and he could hear
the roar of the crowd at Kalapaki Joe's. Mr. Hoefer had a decibel reader with him and it
was 65 decibels, which is above the allowable limits. Mr. Hoefer wanted to know how
the Liquor Commission will enforce this compliance, how can owners on a real-time
basis convey the concerns of noise, and what can owners expect back from the
Commission. Mr. Hoefer also asked that the windows on the east end of the building be
closed all the time. Mr. Hoefer suggested that they install sound absorbing acoustic
ceiling tiles, similar to those on part of the building at Brennecke's. Mr. Hoefer also
asked for a 6-month review of this license. He hoped it all works out fine, but felt it's
difficult to control the crowd noise because it's spontaneous. Mr. Hoefer also stated that
he does not want live music or dancing because that noise is going to get out.
Vice Chair Akita understood Mr. Hoefer to say that that he really doesn't want it, but if
it's going to be there, here are some conditions. Mr. Hoefer concurred and asked how
he'd communicate noise levels to the Commission and what could he expect back.
Mr. Mauna Kea Trask, Deputy County Attorney, stated that he could call the police.
There are nuisance ordinances and disorderly conduct laws. Other options would be to
call the Liquor department or the association who did enter into the agreement with the
applicant.
The Director added that the liquor investigators are out every single day. Complaints
are normally called in to the police, then the dispatcher contacts the investigators. If it's
a persistent problem, we go out with our own sound meters and monitor and see
whether the operation is within the allowable decibel levels of Rule 7.4.
Mr. Marius Hoogewerff stated that he owns Kahala 412 and stays there from December
to May. There are rumors that Kahala owners have written some nasty letters and Mr.
Hoogewerff did not think that is accurate. They've met with the Valente's and they are
the nicest people. We just don't agree to have a loud sports bar in the middle of our
neighborhood. Mr. Hoogewerff said last Saturday at 4:15 p.m., he went by Kalapaki
Joe's in Nawiliwili and because they could not see any available parking, they stopped
at the side of the road about 100' away. The place was packed and the roar of the
crowd was unbelievably loud with yelling and cheering which are common and to be
expected from people watching a sports game. Mr. Hoogewerff could not think of
relaxing at any one of the 20 lanais at Kahala directly facing the restaurant building with
that kind of noise potentially going on from 7:00 a.m. till about 11 :00 p.m. or midnight.
Such noise will also be highly annoying to the other 62 Kahala units, the western part of
Maunaloa, and the adjacent homes on Pane Road. Mr. Hoogewerff did not think the 45
or 65 decibels applicable to the area can be maintained. Sports bars and night clubs
are, therefore, normally planned in commercial areas. The quiet residential area on one
hand and a loud sports bar on the other are usually incompatible. Lastly, Mr.
Hoogewerff stated that an increase from 115 people which are allowed according to the
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present zoning to 200 people as mentioned by the Valente's would mean an increase of
density of not less than almost 75%.
Ms. Kathie Bedwell stated she's lived in 121 and her current number is 322. Ms.
Bedwell said she's the Treasurer of the Kahala at Poipu Kai board and the board met
with Jody Valente a few weeks ago. When we asked Mr. Valente how he'd control the
noise of his patrons, he readily admitted he cannot control it. He said you can't possibly
tell people to be quiet; that he would lose his customers. He showed the board where
he'd put his TVs and sound system. The bar and all the live music they're talking about
will be on the west end. The west end butts right up against those poor people on Pane
Road. The last operator, and it was a sports bar, offered to air condition and enclose
Mrs. Isonaga's house so she wouldn't hear the noise of the bottles going in the
dumpster at 2:00 a.m. every morning. When the board asked about his occupancy, Mr.
Valente said 200. Ms. Bedwell stated that the maximum capacity set by Planning
Commission is 115, not 200 and there's no parking for 200 persons. Mr. Hoogewerff
submitted a picture he took a couple weeks ago of the parking lot. That parking lot was
full and they're not open. The last time we had a problem with the parking when it was
the Broiler, they parked all the way up and down Poipu Road, they parked in Kahala's
parking lot, they were walking around in the middle of the night, 2 o'clock in the morning,
they were drunk and it was horrible. Ms. Bedwell said she lived next door to it for five
years, and she was never so glad to move, but she still owns the unit there which she
keeps for her children.
Vice Chair Akita asked for anyone else who wished to speak against this application.
Since no one else wished to object, Vice Chair Akita asked for anyone who wished to
speak in favor of this application.
Mr. Andrew Evans stated that he owns two units at the racquet club and is also one of
the partners in the building that they lease. Regarding the parking, the building that will
house Kalapaki Joe's is about 40% of the association so they're entitled to a significant
amount of the parking also. If one user, like the tennis portion, over uses the parking,
we'll have to work it out with them. There's no one tenant that's entitled to all the
parking. Whether they've been using it all or not, they have problems with the parking
when they have their tournaments in the day time. Mr. Evans did not think they have
tennis tournaments at night so parking won't be an issue. Regarding the noise, Mr.
Evans explained that there was a sound study done which shows they will be able to
keep the noise level within a reasonable decibel amount. Mr. Evans added that they try
to be a good neighbor with Kahala and the tennis people next door by providing them
bathrooms and electricity. It was supposed to be a symbiotic relationship. They need
us, we need them, and we want to work together with them. When they had concerns
about the applicant having live music, the Valente's were really gracious and said we'll
stop that at 8:00 p.m. Mr. Evans thought that showed a great willingness to work with
the community. Mr. Evans believed that this applicant should be given a chance to
create a place that's got some life in it and add some life to the area. Mr. Evans heard
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there are also concerns about illegal gambling. If there's illegal gambling, the police
should be called, but that's really not part of this application. There have been a lot of
stories about the undesirable element, but Mr. Evans said he goes to Kalapaki Joe's
and every time he's there, he sees some of his friends. Mr. Evans guessed that he
must be one of those undesirables and he was not sure that's really a valid concern.
Mr. Evans stated that he supports the application and thought that the applicant has
done a great job of trying to mitigate the community's concern. Mr. Evans was sure
they would continue to do so and hoped the application will be granted.
Mr. Trask stated that it's been said earlier that this is a residential area. Rule 7.4 lists
the decibel levels of different zoning districts. This property is zoned C4 commercial.
It's not zoned a residential area and it's in the VDA, which is a visitor destination area.
Ms. Ashley Kawaihalau stated that she grew up in Koloa and thinks that Kalapaki Joe's
will be a good addition to the Poipu area for residents and visitors. Kalapaki Joe's will
provide a comfortable, casual family place. Ms. Kawaihalau expressed that she's
worked for Mr. Valente for three years and a lot of their customers are families. As far
as noise, Ms. Kawaihalau stated that they have every intention to comply with the rules.
Ms. Helen Kauanui stated that she's been working at Kalapaki Joe's in Nawiliwili since it
opened and she supports this application. Kalapaki Joe's is a family oriented business
for locals and tourists alike. Kalapaki Joe's offers a place where people can relax and
enjoy some affordable food. Ms. Kauanui said she runs the door for their special events
and she has never had any kind of complications during these sporting events.
Vice Chair Akita asked for anyone else who wished to speak. Since no one else wished
to speak, Vice Chair Akita asked if the commissioners had any questions.
Commissioner Gibson inquired about the maximum occupancy and Mr. Valente stated
that he has no clue what the capacity is. He explained that he went to the Planning
Department to find out and learned that there is no stated capacity on file, but Don
Lutao is working on it. Mr. Valente further stated that the confusion on the capacity
came when he and his daughter counted 186 chairs in the restaurant. So when he was
asked what the capacity was, he said about 200 since he had 186 chairs in there. Mr.
Valente stated that he never said he'd put 200 people in the premises.
Responding to Commissioner Nakea's inquiry, Mr. Valente stated that he absolutely
agrees with the conditions listed in the agreement with the racquet club. Mr. Valente
explained that, originally, they wanted dancing until 10:00 p.m. Then, because of the
community's concerns, he agreed to stop music at 8:00 p.m. in addition to doing only a
certain type of genre so that we're not creating havoc down there. Mr. Valente
explained that they're trying to stay within the local music that tourists like to hear.
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Referring to the Investigator's Report, Commissioner Gibson stated that it says
entertainment will be offered on Tuesdays until 9:00 p.m. and on Saturday and Sunday
nights until 10:00 p.m. Mr. Valente stated that was what he had originally proposed, but
they have made adjustments and there will be an 8:00 p.m. cut-off. There's a certain
genre that's been implemented, as well as specifying the type of instruments that can be
used. So a DJ, as an example, wouldn't be allowed. Mr. Valente thought those
stipulations protect anyone from them turning the place into a night club or a concert
venue.
Commissioner Gibson asked if island music would include reggae. Mr. Valente thought
reggae falls within island music, but only certain types of instruments could be used.
The Director stated that the Commission can also attach the conditions to the license.
It's already attached to the lease.
Commissioner Gibson inquired about the acceptable decibels. Mr. Trask stated that
between 7:00 a.m. and 10:00 p.m., it would be 60 decibels and between 10:00 p.m. and
1 :00 a.m., it would be 50 decibels. Mr. Trask thought this property is zoned C4
commercial or resort, but if you look at Rule 7.4, both resort and commercially zoned
properties contain the same sound restrictions.
In response to Commissioner Pacheco's inquiry, Mr. Valente stated that he will have
about 15 TV sets in the establishment. The volume of the TV sets will be turned down
and there will be basically no more than 2 games on at one time. It's more of a viewing
thing rather than a hearing thing. Commissioner Nakea thought the more sets you
have, the less volume you'd need. Mr. Valente concurred and stated that they've added
more speakers so they can keep the volume down.
Based on his experience at the Nawiliwili establishment, Commissioner Gibson asked
when the normal sporting events end. Mr. Valente said they don't run much later than
6:00 p.m.
Commissioner Nakea inquired about the demand for replays. Based on an estimated
number of live viewing customers, Mr. Valente said maybe 10% come in for replays.
Most of his customers come to view the games live. Recently, there was a fight in Abu
Dhabi live at 7:00 a.m. Mr. Valente played the fight at 4:00 p.m. and there was a
substantial decrease in the turn-out because of that. Live broadcast is definitely the
ticket.
Since there were no further questions or comments, Vice Chair Akita closed the public
hearing on Application No. 2010-87.
Commissioner Nakea made a motion to approve Application No. 2010-87 filed by
Valente Holdings, LLC dba Kalapaki Joe's, Poipu and have the conditions of the
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agreement between Jody and Erika Valente and Andrew Evans, Racquet Club
President, attached to the Restaurant General license. This motion was seconded by
Commissioner Pacheco and unanimously carried.
(b) 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. The
Commission accepted Application No. 2010-97 for publication and public
hearing on April 15, 2010 and ordered 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.
The Director stated that all legal requirements for this public hearing have been met and
up to the time of the public hearing, the department has received no letters in objection
to or in support of this application.
Vice Chair Akita opened the public hearing and asked if the Investigator's Report was
received.
Ms. Kristine Miller, Member, stated that a copy of the Investigator's Report was received
and she had no comments on it.
Vice Chair Akita asked for anyone who wished to object to this application. Since no
one wished to speak against the application, Vice Chair Akita asked for anyone who
wished to speak in behalf of the application.
Commissioner Nakea asked if they've ever had dancing before and Ms. Miller stated
that they have. Dancing has been offered in the banquet room mostly for weddings.
Since there were no further questions or comments, Vice Chair Akita closed the public
hearing.
Commissioner Gibson made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to approve Application No. 2010-97 for transfer of Restaurant
General License No. 2G-006 to Scratch LLC dba Hukilau Lanai.
2. VIOLATION HEARINGS:
(a) KOUNTRY KITCHEN RESTAURANT: Violation of Section 281-78(b)(1)(A),
HRS, Prohibitions.
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The licensee was represented by Mr. Steve Rick, Vice President, and Ms. Susana Rick,
President, who admitted to the charge.
Ms. Rick said it was a busy day. The hostess did check the ID; she just didn't subtract
the years correctly.
Vice Chair Akita stated that if you're underage, your license looks different. Mr. Rick
stated that the minor didn't have a license. She had a State ID card.
A motion was made by Commissioner Nakea, seconded by Commissioner Pacheco,
and unanimously carried, to assess Kountry Kitchen Restaurant with a $2,000 fine and
suspend payment of$1 ,000 on the condition that there is no further violation of this
section for one year.
(b) PACIFIC ISLAND BISTRO: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
The Director explained that the licensee has requested that this hearing be
rescheduled.
Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to approve the request from Pacific Island Bistro to have its
violation hearing rescheduled to May 20, 2010.
(c) KING & I THAI CUISINE: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
Ms. Cindy Choy, President, represented the licensee and admitted to the charge.
Ms. Choy stated that they were not busy for a long time. That day, they had a full
house. When the waiter, Henry, came in and saw it was busy, he got so excited. He
asked "what can I do?" Ms. Choy told him to serve that table. Ms. Choy had not had
time to water them or take their order and they had been waiting for about half an hour.
The next thing Ms. Choy knew, Henry was asking her for $50 because he had gotten
arrested.
A motion was made by Commissioner Pacheco, seconded by Commissioner Nakea,
and unanimously carried, to assess a $2,000 fine against the King & I Thai Cuisine and
suspend payment of$1 ,000 provided there is no further violation of this section for one
year.
(d) THE LODGE AT KOKEE: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
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Mr. Roland Ruiz, Operations Manager, and Ms. Oriana Skomoroch, Chief Operating
Officer of Kikiaola Land Co., represented the licensee. Mr. Ruiz admitted to the charge.
Mr. Ruiz read the following statement: "The Lodge at Kokee would like to sincerely
apologize to the Liquor Commission for this violation and assure the Commission that
this type of incident will never happen again. The Lodge at Kokee understands the
severity of the offense and prepared to take whatever sanctions deemed appropriate by
the Commission. Since the time of the violation, we have implemented an ongoing
training program focusing on the liquor laws of the State of Hawai'i and County of
Kaua'i. We have placed in the lodge signage that says under 21 until the date of birth,
for instance, May 6, 1989, that's located in two areas in the lodge, at the bar and at the
service center. Kokee is a very remote location and the liquor sales is a part of our
overall revenue generator for the restaurant. In these difficult economic times, losing
the liquor license would surely mean the restaurant's demise."
Mr. Ruiz also presented a sample of the sign which is posted in the restaurant at two
locations. It's updated daily and posted.
Commissioner Nakea noted that the waitress was issued a citation and summons as
opposed to being arrested and Mr. Ruiz said that's correct. Commissioner Nakea
stated that all the others were arrested so transportation must have been a problem.
There are exceptions, then, to policies.
Commissioner Nakea made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to fine The Lodge at Kokee $2,000 and suspend payment of
$1 ,000 as long as there is no repeat violation for a period of one year.
(e) THE BEACH HOUSE RESTAURANT: Violation of Section 281-78(b)(1)(A),
HRS, Prohibitions.
Mr. Michael Hooks, Vice President, represented the licensee and pled no contest to the
charge.
Mr. Hooks stated that the bartender made a serious mistake. He carded the minor and
he not only misread the date but also misread the kind of card it is. It was in vertical
format with the birth date printed in red. He made a mistake and Mr. Hooks apologized
for his bartender's action. Mr. Hooks added that they have now put in more training as
well as pre-shift meetings.
Vice Chair Akita, after hearing the explanation, felt the licensee was admitting guilt but
has pled no contest. Mr. Trask explained that the no contest plea avoids the automatic
attachment of civil liability on behalf of the person who's pleading. In this case before
this body, it would not automatically open Mr. Hooks up to liability in a related circuit
court case in the future.
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Commissioner Gibson made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to assess a $2,000 against the The Beach House Restaurant
and suspend payment of$1 ,000 provided there is no similar violation for one year.
(f) HANAMAULU CAFE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
The licensee was represented by Mr. Wayne Miyake, President, and his wife Cathy.
Mr. Miyake admitted to the charge.
Mr. Miyake stated that they accept responsibility for this violation.
Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to assess a $2,000 fine against Hanamaulu Cafe and
suspend payment of$1 ,000 if there is no further violation of this section for one year.
The Commission adjourned the hearings agenda and continued with the agenda for the
regular meeting.
MINUTES OF THE MEETING OF JANUARY 21 , FEBRUARY 4, FEBRUARY 18,
MARCH 4, MARCH 18, APRIL 1 , & APRIL 15, 2010.
Commissioner Gibson made a motion, which was seconded by Commissioner Nakea,
and unanimously carried, to approve the above minutes as circulated.
1 . DIRECTOR'S REPORT:
(a) INVESTIGATORS' REPORTS.
(b) INCOMING COMMUNICATIONS:
(1) From Hinman & Carmichael LLP, Re: In-Home Tasting Events.
(2) From Maanum Law Firm, LLC, Re: Bacardi's "Bacardi Gold NBA
All-Star Sweepstakes".
(3) From Cohen Silverman Rowan LLP, Re: Restaurant Tastings.
(4) From Bacardi USA, Inc., Re: Dewar's "Hit It Pure" Sweepstakes.
(5) From Constellation Wines U.S., Re: Estancia Save $3 Promotion and Clos
du Bois Save $3 Promotion.
(6) Disturbance Reports from Bouchons/Sushi Blues and Nawiliwili Tavern.
(c) OUTGOING COMMUNICATIONS:
(1) Notice of Hearings to Kountry Kitchen Restaurant, Pacific Island Bistro, King
& I Thai Cuisine, The Lodge at Kokee, The Beach House Restaurant, and
Hanamaulu Cafe.
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(c) OUTGOING COMMUNICATIONS: (Cont'd.)
(2) Findings of Fact to Olympic Cafe, Norberto's El Cafe, The Bull Shed
Restaurant, Poipu Tropical Burgers, and Kalaheo Cafe & Coffee Co.
(3) To All Licensees, Re: Renewal of Liquor Licenses for Fiscal Year July 1 ,
2010 to June 30, 2011 .
(4) To All Wholesale Licensees, Re: Conversion of Licensed Entity and New
Liquor License.
(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 tastings on
April 17, April 24, May 1 , and May 8, 2010 from 4:00 p.m. to 7:00 p.m.
(2) JOSSELIN'S: Approval of special request to alter premises by moving entry
way and stairs towards the center of Building F and relocating the bar and
restrooms, per diagram submitted.
(3) MERRIMAN'S KAUAI: Approval of off-premise catering functions in the
courtyard area on May 18, 2010 and June 14, 2010 from 6:30 p.m. to 8:00
p.m.
(4) PAR 4 DA COURSE: Approval of special request for temporary increase of
premises to include the 60' x 40' tented lawn area adjacent to the
restaurant, per diagram submitted, on April 24, 2010 from 10:00 a.m. to
11 :00 P.M.
(5) NEIDE'S SALSA & SAMBA: Approval of special request for temporary
increase of premises to include Bar Acuda's outside back lanai, per diagram
submitted, on May 5, 2010 from 12:00 p.m. to 12:00 a.m.
(6) BAR ACUDA: Approval of special request for temporary decrease of
premises by excluding the outside back lanai, per diagram submitted, on
May 5, 2010 from 12:00 p.m. to 12:00 a.m.
(7) MARIACHI'S MEXICAN CUISINE: Approval of special request for
temporary increase of premises to include the inner courtyard balcony, per
diagram submitted, on May 5, 2010.
(8) NANI MOON MEAD LLC: Approval of special requests for temporary
decrease of premises from 6:00 p.m. on April 17, 2010 to 1 :00 a.m. on April
18, 2010 and on April 22, 2010 from 6:00 p.m. to 11 :00 p.m., and approval
of Application No. 2010-101 filed on April 12, 2010 for a Special Beer &
Wine license on April 22, 2010 at its Manufacturer-Wine premises located at
4-939 Kauai Highway, Kapaa, Kauai, Hawaii.
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MINUTES May 6, 2010
(e) ACTIONS OF THE DIRECTOR: (Cont'd.)
(9) THE WINE GARDEN: Approval of special request to conduct sampling of 6
varieties of Samuel Smith beer on May 8, 2010 from 4:00 p.m. to 8:00 p.m.
and as provided by Rule 2.13(e), exception to sample serving size of no
more than 2 ounces of each variety of beer equaling 12 ounces in total per
customer is approved.
(10) TAHITI NUI ENTERPRISES, INC. : Approval of special request for
temporary increase of premises to include 30' x 14' area fronting the
restaurant and no closer than 10' from the roadway, per diagram submitted,
from 11 :00 a.m. on April 28, 2010 to 1 :00 a.m. on May 1 , 2010.
(11) KAUAI HUMANE SOCIETY: Approval of Application No. Free
2010-30 filed on April 20, 2010 by the Kauai Humane Society for a Free
One-Day Special Retail Dealer General license on May 15, 2010 in Salon
#1 of Kauai Marriott Resort's Kauai Ballroom, 3610 Rice Street, Lihue,
Kauai, Hawaii.
(12) KAUAI MARRIOTT RESORT: Approval of special request to allow retail
liquor sales by the Kauai Humane Society at its annual silent auction and
dinner fundraiser, "Waggin' Tails", in Salon #1 of the Kauai Ballroom on May
15, 2010 from 5:30 p.m. to 11 :00 p.m.
(f) INFORMATIONAL MATTERS.
A motion was made by Commissioner Nakea, seconded by Commissioner Pacheco,
and unanimously carried, to approve the above Director's Report.
2. VIOLATION REPORT:
(a) PORT ALLEN SUNSET GRILL & BAR: Violation of Section 281-31(r), HRS,
Licenses, classes.
(b) LAVA LOUNGE: Violation of Section 281-38, HRS, Conditions of licenses.
Commissioner Pacheco made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to issue notice of hearings to Port Allen Sunset Grill & Bar and
Lava Lounge, scheduling the violation hearings on May 20, 2010.
3. CHANGE IN CORPORATE OFFICERS:
(a) JOHNSON BROS. OF HAWAII, INC.: Resignation of Joshua Trowbridge, Vice
President & Assistant Secretary.
(b) KOLOA RUM CORP.: Addition of Robert M. Gunter, President.
A motion was made by Commissioner Pacheco, seconded by Commissioner Gibson,
and unanimously carried, to approve the above changes in corporate officers.
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MINUTES May 6, 2010
4. CHANGE OF FIRM NAME:
JOSSELIN'S: Change of firm name on Restaurant General License No. 2G-061
from "Josselin's" to "Josselin's Tapas Bar and Grill".
Commissioner Pacheco made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to approve the above change of firm name on Restaurant
General License No. 2G-061 .
5. REQUEST FOR ENTERTAINMENT PERMIT:
MARIACHI'S MEXICAN CUISINE: Request permission to provide live entertainment
on a one-time trial basis not to exceed 90 days as provided by Section 281-47 of the
Hawaii Revised Statutes.
Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to approve the above request from Mariachi's Mexican
Cuisine to provide live entertainment on a one-time trial basis not to exceed 90 days
pursuant to Section 281-47.
ADJOURNMENT: There being no further business to transact, Vice Chair Akita
adjourned the meeting at 5:17 p.m.
Respectfully submitted,
Christine Nakaahiki
Commission Secretary
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