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HomeMy WebLinkAboutagenda9-1-11 2AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, SEPTEMBER 1, 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 The Sweepstakes Center, Re: Wente Vineyards "Discover the Wine Discover the Music Sweepstakes ". (2) From Remy Cointreau USA, Re: Combination Packs of Alcoholic Beverages. (3) From Hinman & Carmichael LLP, Re: Byron Winery Holiday 2011 Promotion. (4) From Arrowhead Promotion & Fulfillment Co., Inc., Re: Dewar's VIP Getaway Sweepstakes. (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearing to Nawiliwili Tavern. (2) Findings of Fact to The Eastside, Ichiban Sushi & Bar, Kalaheo Cafe & Coffee Co. and Kim Chee Restaurant #9, LLC. (3) Disposition of Violation Hearings to Grand Hyatt Kauai Resort & Spa, Poipu Bay Grill & Bar, Ko'a Kea Hotel & Resort at Poipu Beach, Kukuiula Store, Inc., Longs Drugs, Kauai Marriott Resort, KMart ( #7682), Koloa Town Chevron, Lamonts #71, Marriott Waiohai Beach Club (Hotel), Marriott Waiohai Beach Club (Retail), 7-Eleven Stores (Hanamaulu), Sheraton Kauai Resort and Tahiti Nui Enterprises, Inc. (4) To Remy Cointreau USA, Re: Combination Packs of Alcoholic Beverages. 1 AGENDA September 1, 2011 (c) OUTGOING COMMUNICATIONS: (Cont'd.) (5) To All Wholesale Licensees, Re: Change of Licensee Name, New Liquor License and Transfer of Licenses. (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. (e) ACTIONS OF THE DIRECTOR: (1) BIG WAVE DAVE'S Approval of special request to install karaoke machine. (2) KALAPAKI JOE'S, POIPU: Approval of special request for temporary increase of premises to include the roundabout area of the parking lot directly outside the front door of the restaurant, per diagram submitted, on September 4, 2011 from 1200 p.m. to 9 :50 p.m. (3) KOLOA RUM CORP.: Approval of special request to conduct tasting of 4 varieties of rum at the Kauai Made Wholesale Trade Show at the Kauai War Memorial Convention Hall on October 14, 2011 from 1000 a.m. to 3 :00 p.m. and per Rule 2.13(e), exception to sample serving size of no more than 1/ ounce of each variety of rum equaling 1 ounce in total per person is 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 permission to conduct wine tasting within this area on August 20, 2011 from 4 :00 p.m. to 7 :00 p.m. (5) SAFEWAY STORES, NO. 1209: Approval of special request to alter premises by renovating the pharmacy area to include constructing a consulting area, waiting room and restrooms, per floor plan submitted. (6) KAUAI PACIFIC SCHOOL: Approval of Application No. Free 2012-07 filed on August 15, 2011 by Kauai Pacific School for a Free One-Day Special Dispenser Beer & Wine license on August 17, 2011 at Living Farms LLC "Common Ground Cafe ", 4900 Kuawa Road, Kilauea, Kauai, Hawaii. (7) LOVE HOPE STRENGTH: Approval of Application No. Free 2012-08 filed on August 15, 2011 for a Free One-Day Special Dispenser General license on August 23, 2011 at Living Farms LLC "Common Ground" property, 4900 Kuawa Road, Kilauea, Kauai, Hawaii. 2 AGENDA September 1, 2011 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (8) KAUAI HIGH SCHOOL ALUMNI FOUNDATION: Approval of Application No. Free 2012-09 filed on August 15, 2011 by the Kauai High School Alumni Foundation for a Free One-Day Special Dispenser Beer & Wine license on August 27, 2011 in Exhibit Halls A & B at the Kauai War Memorial Convention Hall, 4191 Hardy Street, Lihue, Kauai, Hawaii. (9) KAUAI CHAMBER OF COMMERCE: Approval of Application No. 2012-10 filed on August 17, 2011 by the Kauai Chamber of Commerce for a Free One-Day Special Dispenser Beer & Wine license on August 25, 2011 at the Dolphin Touch Wellness Center, 4544 Kukui Street, Kapaa, Kauai, Hawaii. (10) KAUAI MUSEUM ASSOCIATION, LTD.: Approval of Application No. Free 2012-11 filed on August 17, 2011 by Kauai Museum Association, Ltd. for a Free One-Day Special Dispenser Beer & Wine license on September 15, 2011 in the Kauai Museum courtyard, 4428 Rice Street, Lihue, Kauai, Hawaii. (11) ROTARY CLUB OF HANALEI BAY: Approval of Application Nos. Free 2012-12 and Free 2012-13 filed on August 22, 2011 by the Rotary Club of Hanalei Bay for a Free One-Day Special Dispenser Beer & Wine license on October 22, 2011 and a Free One-Day Special Retail Dealer Beer & Wine license on November 5, 2011 at Robert & Mary Capwell's residence, 4301 Kahili Makai Street, Kilauea, Kauai, Hawaii. (f) INFORMATIONAL MATTERS. 2. REQUESTS FOR FURTHER EXTENSION IN TIME TO SUBMIT TAX CLEARANCES FOR RENEWAL OF LIQUOR LICENSE: (a) A Taste of Paradise Kauai (b) Sukhothai Cafe 3. CHANGE IN CORPORATE OFFICERS: NORBERTO'S EL CAFE, INC.: Deletion of W. Montague Downs, President /Director, D. Jeanne McDanel, Treasurer /Director, Patricia Moranz, Secretary; addition of David A. Moranz, President /Treasurer /Secretary. 3 AGENDA September 1, 2011 4. SALE OF 25% OR MORE OF OUTSTANDING CAPTIAL STOCK: NORBERTO'S EL CAFE, INC.: Sale of stock by W. Montague Downs, D. Jeanne McDanel and Thea K. Moranz to David A. Moranz, resulting in David A. Moranz owning 100% of the outstanding capital stock. 5. SOLICITOR'S PERMIT: JOHN W. GAMPLE: Application No. 2012-46 was filed on August 12, 2011 by John W. Gample for a Solicitor's Permit in the County of Kauai to represent Allied Importers & Wholesalers, a Wholesale Dealer General licensee in the City & County of Honolulu. Deposited $180. 6. CANCELLATION OF TEMPORARY LICENSE: (a) BACKYARDS BAR & GRILL: Effective August 22, 2011, cancellation of Temporary License No. T2012-02 issued to Loyalty Hawaii LLC dba Backyards Bar & Grill. (b) THE TIKI ROOM: Effective August 23, 2011, cancellation of Temporary License No. T 2012-01 issued to KP Group LLC dba The Tiki Room. 7. NEW LIQUOR LICENSES: (a) SCOTTY'S BEACHSIDE BBQ: Application No. 2012-47 was filed on August 23, 2011 by Whizz-Bang LLC dba Scotty's Beachside BBQ for a Restaurant General (live entertainment and dancing) license located at 4-1546 Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $450. (b) BIG WAVE DAVE'S: Application No. 2012-48 was filed on August 25, 2011 by Norberto's El Cafe, Inc. dba Big Wave Dave's for a Dispenser General (live entertainment and dancing) license located at 4-1373 Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $450. 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. 4 AGENDA September 1, 2011 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