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HomeMy WebLinkAboutagenda01-05-12AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, JANUARY 5, 2012, 4 :00 P.M. LIHUE CIVIC CENTER, MO'IKEHA BUILDING MEETING ROOM #3 4444 RICE STREET LIHUE, KAUAI, HAWAII CALL TO ORDER. ROLL CALL. APPROVAL OF AGENDA. 1. DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS. (b) INCOMING COMMUNICATIONS: (1) From Arrowhead Promotion & Fulfillment Co., Inc., Re: Bacardi Unwrap the Night Sweepstakes and 10 Cane Pure Adrenaline Sweepstakes. (2) From National Beer Wholesalers Association, Re: Federal Trade Commission Proposed Agreement. (3) From Remy Cointreau USA, Re: Label Approvals. (4) From Hinman & Carmichael LLP, Re: Byron Spring Summer Rhythm & Vine Tour and Promotions Survey. (5) From Constellation Wines U.S., Re: Save $1 Off Hershey's Pot of Gold Chocolates Promotion. (6) Disturbance Reports from Keoki's Paradise, Olympic Cafe and Trees Lounge. (c) OUTGOING COMMUNICATIONS: (1) Findings of Fact to Sheraton Kauai Resort. (2) Notice of Hearings to Kekaha Menehune Food Mart, Richie's, Grand Hyatt Kauai Resort & Spa, Kalapaki Joe's, Poipu, and Shivalik Indian Cuisine. (3) To Constellation Wines U.S., Re: Save $1 Off Hershey's Pot of Gold Chocolates Promotion. (4) To All Wholesale Licensees, Re: Cancellation of License; New Liquor License. 1 AGENDA January 5, 2012 (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. (e) ACTIONS OF THE DIRECTOR: (1) KILOHANA: Approval of special requests for alteration of premises by constructing a cement dance floor and outdoor dining pavilion in the courtyard area, per diagram submitted, and temporary decrease of premises by excluding the Luau Pavilion and adjacent lawn area on January 28, 2012 from 5 :00 p.m. to 1030 p.m. and allow the Rotary Club of Poipu Beach to retail liquor during its fundraising event on the above - stated date and time. (2) MERRIMAN'S KAUAI: Approval of special request for temporary increase of premises to include the courtyard area, per diagram, on December 21 & December 28, 2011 from 4 :00 p.m. to 6 :30 p.m. (3) NANI MOON MEAD: Approval of special request for temporary decrease of premises from 7 :00 p.m. on December 28, 2011 to 1 :30 a.m., December 29, 2011. (4) THE ST. REGIS PRINCEVILLE RESORT: Approval of special request for exemption to Rule 7.12(b) to allow minors below the age of 18 years to attend New Year's Eve functions past 1200 a.m. on January 1, 2012. (5) THE WINE SHOP: Approval of special request to conduct sampling of 2 varieties of wine, per list, on December 23, 2011 from 4 :00 p.m. to 8 :00 p.m. and as provided for by Rule 2.13(e), exception to sample serving size of no more than 2%z ounces of each variety of wine equaling 5 ounces in total per customer is approved. (6) WRANGLER'S RESTAURANT: Approval of special request for temporary increase of premises to include the area fronting the restaurant, per diagram submitted, on December 17, 2011 from 4 :00 P.M. to 1100 P.M. (7) HOLLAND AMERICA LINE N.V.: Approval of Application Nos. 2012-86 through 2012-92 filed on December 8, 2011 by Holland America Line N.V. dba same for Transient Vessel licenses aboard the MS Oosterdam and MS Rotterdam on various dates while docked at Nawiliwili Harbor, Kauai, Hawaii. 2 AGENDA January 5, 2012 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (8) ROTARY CLUB OF POIPU BEACH: Approval of Application Nos. Free 2012-29 and Free 2012-30 filed on December 23, 2011 by the Rotary Club of Poipu Beach for Free One-Day Special Dispenser Beer & Wine and Free One-Day Special Retail Dealer Beer & Wine licenses on January 28, 2012 at the Kilohana Luau Pavilion and adjacent lawn area, 3-2087 Kaumualii Highway, Puhi, Kauai, Hawaii. (9) THE AURORA FOUNDATION: Approval of Application No. Free 2012-31 filed on December 29, 2011 by The Aurora Foundation for a Free One-Day Special Dispenser General license on December 31, 2011 at Common Ground, 4900 Kuawa Road, Kilauea, Kauai, Hawaii. (f) INFORMATIONAL MATTERS. 2. SPECIAL REQUEST: NANI MOON MEAD LLC: Request permission to conduct daily mead tastings. 3. VIOLATION REPORTS: (a) MARIACHI'S MEXICAN CUISINE: -Count 1. Violation of Rule 6.2, Sales, service or consumption before or after hours of business. -Count 2. Violation of Rule 7.7, Clearing of tables at closing time. (b) THE GRILLE AT PUAKEA: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (c) JOE'S ON THE GREEN: -Count 1. Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. -Count 2. Violation of Section 281-78(b)(4), HRS, Prohibitions. (d) KALYPSO ISLAND BAR & GRILL: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (e) KIM GHEE RESTAURANT #9, LLC: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (f) RICHIE'S: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (g) THE ST. REGIS PRINCEVILLE RESORT: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. 3 AGENDA January 5, 2012 4. CHANGE IN CORPORATE OFFICERS: MARRIOTT RESORTS HOSPITALITY CORPORATION (Marriott's Waiohai Beach Club (Hotel & Retail General) and Marketplace Express): Deletion of Kevin M. Kimball, President /Director, Bancroft St. Elmo Gordon, Secretary and Margery Ann Breneman, Assistant Secretary; addition of John E, Geller, Vice President, Theodorus J. Schavemaker, Vice President, Catherine Meeker, Secretary, Joseph Bramuchi, Treasurer, and James H. Hunter, IV, Director. 5. CANCELLATION OF LIQUOR LICENSE: BIG WAVE DAVE'S Effective December 22, 2011, cancellation of Restaurant General License No. 2G-026 issued to Norberto's El Cafe, Inc. dba Big Wave Dave's. 6. DEFERRED MATTER: REHEARING ON APPLICATION FOR NEW LIQUOR LICENSE — JIMMY'S SPORTS BAR: Application No. 2008-103 was filed on June 3, 2008 by James T. Jasper II dba Jimmy's Sports Bar for a Dispenser General (live entertainment and dancing) located at 3416 Rice Street, Space #306, Lihue, Kauai, Hawaii. 7. EXECUTIVE SESSION: Update from County Attorney on pending litigation. ADJOURNMENT. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ( "H.R.S. ") §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). NOTE: Special accommodations for persons with disabilities are available upon request five (5) days prior to the meeting date to the Department of Liquor Control, Lihue Civic Center, Mo'ikeha Building, 4444 Rice Street, Lihue, Kauai, Hawaii 96766. Telephone: 241-4966. 4