HomeMy WebLinkAboutminutes07-15-10 MINUTES July 15, 2010
The Kauai Liquor Control Commission held a regular meeting on Thursday, July 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, Vice Chair Shirley Akita
and Commissioners William Gibson and Gary Pacheco were present. Absent and
excused was Commissioner Clifford Nakea.
APPROVAL OF AGENDA: Vice Chair Akita made a motion, which was seconded by
Commissioner Gibson, and unanimously carried, to approve the hearings and regular
meeting agendas as prepared by the Director.
CONTINUANCE OF VIOLATION HEARING:
LAVA LOUNGE: Violation of Section 281-38, HRS, Conditions of licenses.
Mr. Courtney Clark, Manager, represented the licensee. Mr. Clark stated that he was
the manager at the time the violation occurred. He has since bought the operation from
Cathy Shyne and is the owner now.
Mr. Clark continued to say that he admits to the charge. When they started to remodel,
they weren't aware that they needed a building permit. When they were made aware of
the building permit requirement, they applied for it. Mr. Clark stated that he's still waiting
for the County to process the application.
Vice Chair Akita asked when he became the owner and Mr. Clark stated that it was
towards the end of April. Chair Matsunaga asked if he was the owner on April 27, 2010
and Mr. Clark said he was.
Chair Matsunaga stated that the department was informed on April 27, 2010 by Sheri
Yagihara that Lava Lounge was not in compliance with the Building Code. Mr. Clark
concurred and explained that they had to hire an architect to get the plans drawn and
that took some time.
Commissioner Pacheco asked who holds the liquor license. Mr. Cark stated that Three
Palms, Inc. is the licensee and added that the license has not been transferred yet.
Things were getting too complicated so they closed the establishment.
Commissioner Gibson stated that they are required to get a Certificate of Occupancy
and Mr. Clark realized that. In order to get their health certificate, the Certificate of
Occupancy from the County Building Division is required. Mr. Clark stated that they
have to go through the process.
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MINUTES July 15, 2010
A motion was made by Vice Chair Akita, seconded by Commissioner Pacheco, and
unanimously carried, to suspend Restaurant General License No. 2G-033 until the
licensee complies with all requirements of any other government agency applicable to
its business.
The Commission adjourned the hearings agenda and continued with the agenda for the
regular meeting.
MINUTES OF THE MEETING OF MAY 20, 2010: Commissioner Pacheco made a
motion, which was seconded by Commissioner Gibson, and unanimously carried, to
approve the minutes of the meeting of May 20, 2010, as circulated.
1 . DIRECTOR'S REPORT:
(a) INVESTIGATORS' REPORTS.
(b) INCOMING COMMUNICATIONS:
(1) From Hinman & Carmichael LLP, Re: Carmel Road "Weber Grill Giveaway"
Sweepstakes.
(2) From Hanalei Bay Resort Association of Apartment Owners, Re: Liquor
License.
(3) From Islander Sundries and Gifts Store and Da Booze Shop, Re: Non-
Renewal of Liquor License.
(4) Disturbance Report from The St. Regis Princeville Resort.
(c) OUTGOING COMMUNICATIONS:
(1) To All Wholesale Licensees, Re: Non-Renewal of Liquor Licenses; Pending
Liquor License Renewals; Renewal of Licenses; New Liquor License; and
Transfer of License.
(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 tastings on
July 3, 2010 and July 10, 2010 from 4:00 p.m. to 7:00 p.m.
(2) JOSSELIN'S TAPAS BAR & GRILL: Approval of off-premise catering
function on July 1 , 2010 at the Plantation House, Koloa, Kauai, Hawaii.
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MINUTES July 15, 2010
(e) ACTIONS OF THE DIRECTOR: (Cont'd.)
(3) MERRIMAN'S KAUAI: Approval of special request for temporary increase
of premises to include the courtyard area, per diagram submitted, on
July 7, July 14, July 21 , and July 28, 2010 from 3:00 p.m. to 6:00 p.m.
(4) TAHITI NUI ENTERPRISES, INC.: Approval of special request for
temporary increase of premises to include the 30' x 14' area fronting the
restaurant and no closer than 10' from the roadway, per diagram
submitted, from 11 :00 a.m. on July 1 , 2010 to 1 :00 a.m. on July 4, 2010.
(5) TIMES SUPER MARKET: Approval of special request to conduct beer
sampling, per diagram submitted, on July 4, 2010 from 11 :00 a.m. to 3:00
p.m.
(6) THE WINE SHOP: Approval of special request to conduct wine tastings on
July 3, August 7, September 4, October 2, November 6, and December 4,
2010 from 2:00 p.m. to 8:00 p.m.
(7) KAUAI CHAMBER OF COMMERCE: Approval of Application No. Free
2011-01 filed on July 7, 2010 by the Kauai Chamber of Commerce for a
Free One-Day Special Dispenser Beer & Wine license on July 21 , 2010 at
the Kauai Village Shopping Center, Suite #332 - #370, 4-831 Kuhio
Highway, Kapaa, 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. SPECIAL REQUEST:
KAUAI BAR: Permanent increase of premises to include the walkway fronting the
premises and alteration of premises by constructing a bar, per floor plan submitted.
Vice Chair Akita made a motion, which was seconded by Commissioner Pacheco, and
unanimously carried, to approve the above request from Kauai Bar.
3. VIOLATION REPORT:
PAPAYA'S NATURAL FOODS & CAFE — KAPAA: Violation of Rule 10.2(a),
Manager on duty, qualifications.
A motion was made by Vice Chair Akita, seconded by Commissioner Gibson, and
unanimously carried, to issue notice of hearing to Papaya's Natural Foods & Cafe —
Kapaa for violation of Rule 10.2(a).
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MINUTES July 15, 2010
4. CHANGE INCORPORATE OFFICERS:
(a) L. PACE, INC. (Casablanca at Kiahuna): Addition of Daniel Mark Seltzer as
Director.
(b) KAWAILOA DEVELOPMENT LLP (Grand Hyatt Resort & Spa and Poipu Bay
Grill & Bar: Toshiyuki Sakakura replacing Kazuhiko Suzuka as Inspector,
deletion of Toru Iwai as Vice President & Treasurer.
(c) PIZZETTA, INC.: Addition of John Halter as Director.
(d) POMARE, LTD. (Hilo Hattie): Addition of Donald Bum Sik Kang, President,
Chief Executive Officer & Director, and David H. Jung, Executive Vice
President, Secretary & Director; deletion of Ted D. Nelson, CEO & Director,
John D. Scott, President, and John P. Monahan, Director.
(e) PRINCEVILLE HOTEL, LP (The St. Regis Princeville Resort): Addition of
Robert S. Van Der Volgen, Jr., Vice President & General Counsel, Trina L.
Sanders, Vice President, Assistant Secretary & Assistant Treasurer, and Janice
Golden, Vice President; deletion of Margaret O. Shuler, Vice President &
Secretary, and David L. Muir, Vice President and General Counsel.
Commissioner Pacheco made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to approve the above changes in corporate officers, (a)
through (e).
5. SALE OF 25% OR MORE OF OUTSTANDING CAPITAL STOCK:
(a) L. PACE, INC. (Casablanca at Kiahuna): Sale resulting in Daniel Mark Seltzer
owning 25% of stock.
(b) PIZZETTA, INC.: Transfer of stock whereby John Halter becomes 30%
stockholder.
(c) POMARE, LTD. (Hilo Hattie): Transfer of 100% of stock from TOC, Inc. to
Donald Bum Sik Kang.
A motion was made by Commissioner Gibson, seconded by Commissioner Pacheco,
and unanimously carried, to approve the above sale of 25% or more of outstanding
capital stock of L. Pace, Inc., Pizzetta, Inc. and Pomare, Ltd.
6. CHANGE OF FIRM NAME:
HILTON KAUAI BEACH RESORT: Change of firm name on Hotel License No.
12G-003 from "Hilton Kauai Beach Resort' to "Kauai Beach Resort'.
Commissioner Pacheco made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to approve the change of firm name on Hotel License No.
12G-003 from "Hilton Kauai Beach Resort' to "Kauai Beach Resort'.
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MINUTES July 15, 2010
7. CANCELLATION OF TEMPORARY LICENSE:
CASA DI AMICI RESTAURANT: Effective July 6, 2010, cancellation of Temporary
License No. T2010-09 issued to Keahi Yates, LLC dba Casa di Amici Restaurant.
Commissioner Gibson made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to accept the cancellation of Temporary License No. T2010-09
effective July 6, 2010.
8. TEMPORARY LICENSES:
(a) MARKET STREET DINER: Application No. 2011-03 was filed on July 8, 2010
by Island Diner LLC dba Market Street Diner for a Temporary Restaurant
General (live entertainment, but no dancing) license located at 3501 Rice
Street, #103, Lihue, Kauai, Hawaii. Deposited $60.
(b) THE TAVERN AT PRINCEVILLE BY ROY YAMAGUCHI: Application No.
2011-05 was filed on July 9, 2010 by Hawaiian Island Taverns LLC dba The
Tavern at Princeville by Roy Yamaguchi for a Temporary Restaurant General
(live entertainment, but no dancing) license located at 5-3900 Kuhio Highway,
Princeville, Kauai, Hawaii. Deposited $60.
In response to Commissioner Pacheco's inquiry about Market Street Diner, the Director
explained that the license expired on June 30 so the new owners want to operate under
a Temporary license while waiting for the new license application to be processed.
A motion was made by Commissioner Gibson, seconded by Commissioner Pacheco,
and unanimously carried, to approve the above applications filed by Market Street Diner
and The Tavern at Princeville by Roy Yamaguchi for Temporary licenses.
9. NEW LIQUOR LICENSES:
(a) SHIVALIK INDIAN CUISINE: Application No. 2011-01 was filed on
July 6, 2010 by Shivalik Indian Cuisine, LLC dba Shivalik Indian Cuisine for a
Restaurant General (live entertainment, but no dancing) license located at
4-771 Kuhio Highway, Wailua, Kauai, Hawaii. Deposited $450.
(b) MARKET STREET DINER: Application No. 2011-02 was filed on July 8, 2010
by Island Diner LLC dba Market Street Diner for a Restaurant General (live
entertainment, but no dancing) license located at 3501 Rice Street, #103,
Lihue, Kauai, Hawaii. Deposited $450.
(c) THE TAVERN AT PRINCEVILLE BY ROY YAMAGUCHI: Application No.
2011-04 was filed on July 9, 2010 by Hawaiian Island Taverns LLC dba The
Tavern at Princeville by Roy Yamaguchi for a Restaurant General (live
entertainment, but no dancing) license located at 5-3900 Kuhio Highway,
Princeville, Kauai, Hawaii. Deposited $450.
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MINUTES July 15, 2010
A motion was made by Commissioner Pacheco, seconded by Commissioner Gibson,
and unanimously carried, to accept Application Nos. 2011-01 , 2011-02 and 2011-04 for
publication and public hearing and to print notices of public hearing in The Garden
Island newspaper on Wednesdays, July 28 & August 4, 2010, scheduling the public
hearings on Thursday, September 16, 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.
ADJOURNMENT: There being no further business to transact, Chair Matsunaga
adjourned the meeting at 4:14 p.m.
Respectfully submitted,
Christine Nakaahiki
Commission Secretary
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