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HomeMy WebLinkAboutagenda1-20-11AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, JANUARY 20, 2011, 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 Bacardi USA, Re: Dewar's Studio D Sweepstakes. (2) From Arrowhead Promotion & Fulfillment Co., Inc., Re: Belvedere Bloody Mary Brunch Sweepstakes. (3) From Lyman Yoshimura, Re: Richie's. (4) Disturbance Reports from Nawiliwili Tavern and The St. Regis Princeville Resort. (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearings to Nawiliwili Tavern and Pizzetta. (2) To All Wholesale Licensees, Re: New Liquor License. (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. (e) ACTIONS OF THE DIRECTOR: (1) KALAHEO STEAK & RIBS: Approval of special request to play Scrabble, Checkers, Yahztee, Uno, Chess, Sequence, Monopoly, Dominion, Bingo, Sorry, card games and puzzles (no gambling permitted). 1 AGENDA January 20, 2011 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (2) KILOHANA: Approval of special request for temporary decrease of premises by excluding the Luau Pavilion and surrounding lawn areas on January 1, 2011 from 5 :00 p.m. to 1200 midnight. (3) MERRIMAN'S KAUAI: Approval of special request to extend hours of permits for temporary increase of premises on January 12, January 19 and January 26, 2011 from 4 :00 p.m. to 6 :30 p.m. (instead of until 6 :00 p.m. as previously approved). (4) PRINCEVILLE WINE MARKET: Approval of special request for temporary increase of premises to include the walkway fronting the store, per diagram submitted, and conduct wine tasting on January 8, 2011 from 4 :00 p.m. to 7 :00 p.m. (5) THE WINE GARDEN: Approval of special request to conduct sampling of 6 varieties of wine, per list, on January 29, 2011 from 4 :00 p.m. to 8 :00 p.m. and as provided by Rule 2.13(e), exception for sample serving size of no more than 1 ounce of each variety of wine equaling 6 ounces in total per customer is approved. (6) HOLLAND AMERICA LINE N.V.: Approval of Application Nos. 2011-54 through 2011-60 filed on December 29, 2010 by Holland America Line N.V. for Transient Vessel licenses aboard the MS Rotterdam and MS Zaandam while docked at Nawiliwili Harbor on various dates. (7) WALDRON NORTON LILLY INTERNATIONAL LLC: Approval of Application No. 2011-61 filed on January 3, 2011 by Waldron Norton Lilly International LLC for a Transient Vessel license aboard the MS Deutschland while docked at Nawiliwili Harbor on January 22, 2011. (f) INFORMATIONAL MATTERS. SPECIAL REQUEST: KEOKI'S PARADISE: Permanent increase of premises to include 9' x 12' area adjacent to the restaurant, per diagram submitted. 2 AGENDA January 20, 2011 3. VIOLATION REPORTS: (a) KALAHEO STEAK & RIBS: Violation of Sec. 281-78(b)(1)(A), HRS, Prohibitions. (b) MAKAI GOLF CLUB AT THE ST. REGIS PRINCEVILLE RESORT: Violation of Sec. 281-78(b)(1)(A), HRS, Prohibitions. (c) MEDITERRANEAN GOURMET: Violation of Sec. 281-78(b)(1)(A), HRS, Prohibitions. 4. CHANGE OF LOCATION: KAUAI SPECIALTY LIQUORS: Application No. 2011-62 was filed on January 4, 2011 for change of location of Retail Dealer General License No. 4G-035 issued to Keahi Enterprises, LLC dba Kauai Specialty Liquors from 1267 Ulu Street, Kapaa, to 4-1286D Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $350. 5. TO RECEIVE FOR THE RECORD THE FOLLOWING DOCUMENTS: (a) Findings of Fact, Conclusions of Law, Decision and Order dated December 18, 2008. (b) Judgment dated March 12, 2009. (c) First Amended Complaint dated August 23, 2010 (d) Order Denying Appellant James T. Jasper II's Motion to Compel Filed July 26, 2010 dated September 15, 2010 (e) Letter dated October 15, 2010 Re: Request for Advisory Opinion by the Liquor Control Commission. (f) Letter dated October 21, 2010 Re: Request for Advisory Opinion.. (g) Letter dated October 21, 2010 Re: Request for Advisory Opinion by the Liquor Control Commission. (h) Memorandum Dated November 16, 2010 Re: RAO 10-015. 10-16, and 10- 017. (i) Memorandum Dated December 3, 2010 Re: Advisory Opinions for Liquor Commission, Liquor Commissioners and Director of Liquor Commission. 3 AGENDA January 20, 2011 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. 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