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Home My WebLink Aboutagenda04-05-12AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, APRIL 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 Remy Cointreau USA, Re: Brand Registration. (2) From Arrowhead Promotion & Fulfillment Co., Inc., Re: 10 Cane Ultimate Travel Sweepstakes, Dewar's Worth Playing Golf Sweepstakes and Bacardi Oakheart Adventure Contest. (3) From Sweepstakes Consulting, LLC, Re: Clos du Bois Chic Picnique Sweepstakes. (4) From Strike & Techel, Re: Patron XO Cafe Music Sweepstakes. (5) From Cecilio Baliaris, Jr., Re: Declaration of Political Activity. (6) Disturbance Reports from Brennecke's Beach Broiler, Grand Hyatt Kauai Resort & Spa and Olympic Cafe (2). (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearings to Backyards Bar & Grill and Richie's. (2) Disposition of Violation Hearing to Kauai Beach Resort. (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. 1 AGENDA April 5, 2012 (e) ACTIONS OF THE DIRECTOR: (1) DUKE'S CANOE CLUB: Approval of special request for temporary increase of premises to include the grass area fronting the restaurant, per diagram submitted, on March 25, 2012 from 9 :00 a.m. to 8 :00 p.m. (2) KAUAI MARRIOTT RESORT: Approval of special request for temporary decrease of premises by excluding the grass area fronting Duke's Canoe Club, per diagram submitted, on March 25, 2012 from 9 :00 a.m. to 8 :00 p.m., and approval of off-premise catering function at the Terrace Restaurant on March 27, 2012. (3) TERRACE RESTAURANT: Approval of special request for temporary decrease of premises by excluding the pool area, per diagram submitted, on March 27, 2012 from 5 :30 p.m. to 1000 p.m. (4) THE FERAL PIG: Approval of special request for temporary increase of premises to include the area adjacent to the south front door, per diagram submitted, on March 17, 2012 from 1200 p.m. to 9 :00 p.m. (5) POIPU TROPICAL BURGERS Approval of special request for temporary increase of premises to include Poipu Shopping Village common area fronting the restaurant, per diagram submitted, on March 29, 2012 from 5 :00 p.m. to 8 :00 p.m. (6) PONO MARKET: Approval of special request to conduct wine tasting, per diagram submitted, on April 7, 2012 from 5 :00 p.m. to 8 :00 p.m. (7) THE WINE GARDEN: Approval of special request to conduct sampling of 6 varieties of wine, per list, on April 28, 2012 from 3 :30 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 1 ounce of each variety of wine equaling 6 ounces in total per customer is approved. (8) THE WINE SHOP: Approval of special request to conduct sampling of 4 varieties of wine, per list, on March 31, 2012 from 6 :00 p.m. to 1000 p.m. and as provided for by Rule 2.13(e), exception to sample serving size of no more than 1% ounces of each variety of wine equaling 5 ounces in total per customer is approved. (9) NANI MOON MEAD: Approval of Application No. 2012-96 filed on March 12, 2012 by Nani Moon Mead, LLC dba Nam Moon Mead for a Special General license on March 22, 2012 at 4-939 Kuhio Highway, Kapaa, Kauai, Hawaii and temporary decrease of premises on March 12, 2012 from 5 :00 p.m. to 12.00 midnight. (10) KILOHANA: Approval of Application No. 2012-98 filed on March 23, 2012 for a Special General license on March 26, 2012 at the National Tropical Botanical Gardens, 3530 Papalina Road, Kalaheo, Kauai, Hawaii. 2 AGENDA April 5, 2012 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (11) TMS ANCHOR LLC: Approval of Application Nos. 2012-99 through 2012-102 filed on March 23, 2012 by TMS Anchor LLC dba same for Transient Vessel licenses on March 25, 2012 aboard the Celebrity Century, on April 24 & September 22, 2012 aboard the Radiance of the Seas, and on September 24, 2012 aboard the Rhapsody of the Seas while docked at Nawiliwili Harbor, Kauai, Hawaii. (12) CULINARY INSTITUTE OF THE PACIFIC AT KAUAI COMMUNITY COLLEGE: Approval of Application Nos. Free 2012-42 and Free 2012-43 filed on March 22, 2012 by the Culinary Institute of the Pacific at Kauai Community College for Free One-Day Special Dispenser General and Free One-Day Special Retail Dealer General licenses on April 13, 2012 at the Kauai Community College Campus Center and adjacent area, 3-1901 Kaumualii Highway, Puhi, Kauai, Hawaii. (f) INFORMATIONAL MATTERS. 2. VIOLATION REPORTS: (a) ABC STORE #59: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (b) CITY LIQUOR, INC.: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (c) COST-U-LESS: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (d) FOODLAND SUPER MARKET-KAPAA: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (e) THE HEALTHY HUT: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (f) ISHIHARA MARKET: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (g) KEKAHA MENEHUNE FOOD MART: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (h) MENEHUNE FOOD MART KAPAHI: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (i) KOLOA RUM CORP. Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (j) LIHUE CHEVRON: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (k) LIVING FOODS MARKET & CAFE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (1) RAINBOW GAS & MINI MART: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. 3 AGENDA April 5, 2012 2. VIOLATION REPORTS: (Cont'd.) (m) STAN'S SUPER SERVICE, INC.: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (n) WHALERS GENERAL STORE (Anahola): Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (o) THE WINE SHOP: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (p) KALAPAKI JOE'S, POIPU: Violation of Rule7.1, Number of drinks per person and liquor content of drinks, exception. 3. CHANGE IN CORPORATE OFFICERS: WAL-MART STORES, INC.: Deletion of Tim Farrar, Assistant Secretary, and Charles Holley, Treasurer; change of Karen Roberts' position to Executive Vice President; and addition of Jeffrey Davis, Senior Vice President & Treasurer, Phyllis Harris, Senior Vice President, and Andrea Lazenby, Assistant Secretary. 4. CHANGE OF FIRM NAME: BETTER BRANDS /GRAND CREW WINE MERCHANTS: Change of firm name on Wholesale Dealer General License No. 3G-001 from "Better Brands /Grand Crew Wine Merchants" to "Young's Market Company of Hawaii ". 5. NEW LIQUOR LICENSES: (a) 9th ISLAND SPORTS BAR & GRILL: Application No. 2012-95 was filed on March 1, 2012 by 9th Island Bars Inc. dba 9th Island Sports Bar & Grill for a Restaurant General (no live entertainment and no dancing) license located at 4-831 Kuhio Highway, Suite #206, Kapaa, Kauai, Hawaii. Deposited $450. (b) MOTORBOATS: Application No. 2012-97 was filed on March 16, 2012 by Geffert & Apo L.L.C. dba Motorboats for a Restaurant General (live entertainment and dancing) license located at 3490 Paena Loop, Nawiliwili, Kauai, Hawaii. Deposited $450. (c) KAUAI BEER COMPANY: Application No. 2012-103 was filed on March 28, 2012 by Kauai Brewers LLC dba Kauai Beer Company for a Brewpub (no live entertainment and no dancing) license located at 4265 Rice Street, Lihue, Kauai, Hawaii. Deposited $450. 4 AGENDA April 5, 2012 6. WITHDRAWAL OF APPLICATION: JIMMY'S SPORTS BAR: Withdrawal of Application No. 2008-103 filed on June 3, 2008 by James T. Jasper II dba Jimmy's Sports Bar for a Dispenser General (live entertainment and dancing) license located at 3416 Rice Street, Space #306, Lihue, Kauai, Hawaii. 7. 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) license located at 3416 Rice Street, Space #306, Lihue, Kauai, Hawaii. 8. 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. 5