HomeMy WebLinkAboutminutes06-17-10 MINUTES June 17, 2010
The Kauai Liquor Control Commission held a regular meeting on Thursday, June 17,
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.
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.
PUBLIC HEARINGS:
1 . 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. The Commission
accepted Application No. 2010-100 for publication and public hearing on April 15,
2010 and ordered 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.
The Director reported that all legal requirements for today's public hearing have been
met and up to the time of this public hearing, the department has not received any
letters in support of or in opposition to this application.
Chair Matsunaga opened the public hearing and asked if the Investigator's Report was
received.
Mr. Raymond Keahi, Member, stated that he has received a copy of the Investigator's
Report and had no comments other than to say that his girlfriend and his mother will be
the two family helpers working in his store.
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.
Commissioner Nakea asked about this location and Mr. Keahi stated that it's across
from Pono Kai, next to Kauai Marine.
Since there were no further questions or comments, Chair Matsunaga closed the public
hearing on Application No. 2010-100.
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MINUTES June 17, 2010
A motion was made by Commissioner Pacheco, seconded by Commissioner Nakea,
and unanimously carried, to approve Application No. 2010- 100 filed by Keahi
Enterprises, LLC dba Kaua'i Specialty Liquors for a Retail Dealer General license
located at 1267 Ulu Street, Kapaa.
2. KAPAA LIQUOR & WINE CO. LLC: Application No. 2010-104 was filed on May 12,
2010 for transfer of Retail Dealer General License No. 4G-028 from Lyle K.
Kuboyama dba Kapaa Liquor & Wine Company to Kapaa Liquor & Wine Co. LLC
dba same located at 4-1397 Kuhio Highway, Kapaa, Kauai, Hawaii. The
Commission accepted Application No. 2010-104 for publication and public hearing
on May 20, 2010 and ordered to print notice of public hearing in The Garden Island
newspaper on Wednesday, May 26, 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.
The Director reported that all legal requirements for today's public hearing have been
met and up to the time of this public hearing, the department has not received any
letters objecting to or supporting this application.
Chair Matsunaga opened the public hearing and asked if he's received a copy of the
Investigator's Report.
Mr. Lyle Kuboyama, Member, represented the applicant and stated that he's received a
copy of the Investigator's Report. Mr. Kuboyama commented that his hours of
operation will be from 8:00 a.m. to 5:00 p.m.
Chair Matsunaga asked for anyone who wished to object to this application. Since no
one wished to oppose the application, Chair Matsunaga asked for anyone who wished
to speak in favor of the application.
Chair Matsunaga assumed the main reason for the change is to limit his liability and Mr.
Kuboyama agreed.
Commissioner Nakea asked when he changed from Kapaa Electric to Kapaa Liquor.
Mr. Kuboyama explained that they were listed in the phone book under Kapaa Electric
because the line ran between the stores. They now have separate numbers.
Since there were no further questions or comments, Chair Matsunaga closed the public
hearing on Application No. 2010-104.
Vice Chair Akita made a motion, which was seconded by Commissioner Pacheco, and
unanimously carried, to approve Application No. 2010-104 for transfer of Retail Dealer
General License No. 4G-028 from Lyle K. Kuboyama to Kapaa Liquor & Wine Co. LLC.
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MINUTES June 17, 2010
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 Constellation Wines US, Re: Nobilo $3 Off Seafood Promotion.
(2) From VinoShipper, Re: Inquiry regarding wineries doing self distribution to
trade accounts.
(3) From Marylanders for Better Beer and Wine Laws, Re: Request for
Information Regarding WV Direct Shipper Licensees.
(4) From Trees Lounge, Re: Extension.
(5) Disturbance Reports from Lighthouse Bistro, Nawiliwili Tavern, Sheraton
Kauai Resort (2), and The St. Regis Princeville Resort.
(c) OUTGOING COMMUNICATIONS:
(1) Findings of Fact to Lava Lounge.
(2) To Constellation Wines US, Re: Nobilo $3 Off Seafood Promotion.
(3) To Marylanders for Better Beer and Wine Laws, Re: Request for Information
Regarding WV Direct Shipper Licensees.
(d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See Attachment "A"
(e) ACTIONS OF THE DIRECTOR:
(1) MERRIMAN'S KAUAI: Approval of special request for temporary increase
of premises to include the lawn area, per diagram submitted, on June 16, 23
& 30, 2010 from 6:30 p.m. to 8:00 p.m.
(2) NANI MOON MEAD: Approval of special request for temporary decrease of
premises on June 3, 2010 from 5:00 p.m. to 10:00 p.m.
(3) FRIENDS OF GARY HOOSER: Approval of Application No. Free 2010-33
filed on June 4, 2010 by the Friends of Gary Hooser for a Free One-Day
Special Dispenser Beer & Wine license on June 20, 2010 at Smith's
Tropical Paradise, 3-5971-C Kuhi'6 Highway, Wailua, Kauai, Hawai'i.
(4) SMITH'S TROPICAL PARADISE: Approval of special request for
temporary decrease of premise by excluding the Luau Hale on June 20,
2010 from 4:00 p.m. to 8:00 p.m.
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MINUTES June 17, 2010
(f) INFORMATIONAL MATTERS.
Commissioner Gibson made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to approve the above Director's Report.
2. RENEWAL OF LIQUOR LICENSES: See Attachment "B"
The Director stated that all liquor licenses need to be renewed by July 1 and this is a list
of licensees who have submitted renewal applications so far.
A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and
unanimously carried, to approve the applications for renewal of liquor licenses as listed
on Attachment "B".
3. RENEWAL OF PERMITS: See Attachment "C"
Commissioner Pacheco made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to approve the renewal of permits listed on Attachment "C".
4. CHANGE IN CORPORATE OFFICERS:
(a) BIG SAVE, INC.: Election of Ann Hashisaka as Director; resignation of Norman
Hashisaka, Director.
(b) COSTCO WHOLESALE CORPORATION: Election of John C. Sullivan, vice
President/Assistant Secretary.
(c) THE NORTH WEST COMPANY (INTERNATIONAL) INC. (Cost-U-Less): Add
Paulina Hiebert, Vice President, Legal & Corporate Secretary; deletion of
Benjamin C. Piatt, Vice President/Director, J. Robert Cain, Vice President, and
Reinhard Sedlacek, Treasurer & Assistant Secretary
Commissioner Gibson made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to approve the above changes in corporate officers, (a)
through (c), inclusive.
5. NEW LIQUOR LICENSE:
KOLOA LANDING AT POIPU BEACH: Application No. 2010-103 was filed on
May 11 , 2010 by Poipu Beach Villas, LLC dba Koloa Landing at Poipu Beach for a
Hotel license located at 2641 Poipu Road, Koloa, Kauai, Hawaii. Deposited $450.
A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and
unanimously carried, to accept Application No. 2010-103 for publication and public
hearing and to print notices of public hearing in The Garden Island newspaper on
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MINUTES June 17, 2010
Wednesdays, June 23 & June 30, 2010, scheduling the public hearing on Thursday,
August 19, 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:
DIRECTOR'S SALARY.
The Director believed that all commissions that have received the letter from the Mayor
and have moved to reduce their respective heads' salaries as part of the furlough plan.
A motion was made by Commissioner Nakea and seconded by Vice Chair Akita, to
reduce the Director's salary by 9.23% effective July 1 , 2010.
Commissioner Pacheco inquired about the Police and Fire commissions' actions. The
Director reported that the Police and Fire chiefs will not be affected by any reductions.
Michael Dahilig, Deputy County Attorney, confirmed that there was correspondence
between the Mayor and the Police and Fire commissions indicating that the chiefs'
salaries will remain the same.
Commissioner Pacheco asked if it's possible to negotiate and alter the percentage and
perhaps reduce the Director's salary by a smaller rate. The Director stated that the
furlough savings have been calculated at that percentage and any alteration will throw
the savings off. The budget has been submitted and approved, based on the savings
calculated at 9.23% salary reductions.
Commissioner Gibson inquired about any discussions about repayment similar to those
in education. The Director did not know of any such discussions since they are not
unionized. The Director's salary is determined by salary ordinance which is established
by the Salary Commission. There was a 9-year period when department heads did not
receive pay raises while union workers did. The Salary Commission brought
department heads salaries up and they look at it every two years.
The motion to reduce the Director's salary by 9.23% was put and unanimously carried.
ADJOURNMENT: There being no further business to transact, Chair Matsunaga
adjourned the meeting at 4:15 p.m.
Respectfully submitted,
Christine Nakaahiki
Commission Secretary
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