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HomeMy WebLinkAboutagenda4-3-14 AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, APRIL 3 , 2014, 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 Anheuser- Busch Companies , Re : Leasing of Refrigeration Equipment. (2) From Sweepstakes Consulting LLC , Re : Thorny Rose Lollapalooza Sweepstakes , The Nobilo New Zealand On-Water Experience Sweepstakes , Mouton Cadet Cannes Sweepstakes, Black Box Wines Monthly Giveaways, Rex Goliath Wines Monthly Giveaways and The Dreaming Tree Sweepstakes . (3) From Delicato Family Vineyards , Re : Gnarly Head Coupon Promotions . (4) From Arrowhead Promotion & Fulfillment, Re : Cazadores Rebate Offer, Cazadores Instant Rebate Coupon and Martini Instant Rebate Coupon. (5) From Jackson Family Enterprises, Inc . , Re : K-J Avant Spring/Summer 2014 Coupons and "A Few Goode Heroes" Essay Contest. (6) From Remy Cointreau USA, Re : Label Registration. (7) From Constellation Brands , Inc . , Re : Rebate Offer. (8) Disturbance Reports from Rob's Good Times Grill and Trees Lounge . (c) OUTGOING COMMUNICATIONS : ( 1) Notice of Hearing to Oasis on the Beach, Shivalik Indian Cuisine and Wah000 Seafood Grill & Bar. (2) To Kapaa Cafe, Re : Postponement of Violation Hearing. (3) Findings of Fact to Makai Golf Club at the St . Regis Princeville Resort. 1 AGENDA April 3 , 2014 (c) OUTGOING COMMUNICATIONS : (Cont'd.) (4) To Anheuser- Busch Companies , Re : Leasing of Refrigeration Equipment. (5) To All Wholesale Licensees , Re : Transfer of License ; Temporary License . (6) To Jackson Family Enterprises, Inc . , Re : K-J Avant Spring/Summer 2014 Coupons and "A Few Goode Heroes" Essay Contest. (7) To Delicato Family Vineyards, Re : Gnarly Head Coupon Promotions . (8) To Constellation Brands, Inc . , Re : Rebate Offer. (d) EMPLOYEES IN LICENSED PREMISES : Managers and Assistant Managers — See attachment. (e) ACTIONS OF THE DIRECTOR: (1) FOODLAND SUPER MARKET, PRINCEVILLE : Approval of special request to conduct sampling of 4 varieties of wine, as listed and per diagram submitted, on March 6, 2014 from 3 : 00 p . m . to 6 : 00 p . m. (2) JOSSELIN' S TAPAS BAR & GRILL: Approval of special requests for temporary increase of premises to include the downstairs area next to the stairwell, per diagram submitted, on March 5 , 12 , 19 & 2612014 from 3 : 30 p . m. to 6: 30 p . m . and on March 21 , 2014 from 4 : 30 p . m . to 8 : 30 p . m . (3) LIVING FOODS MARKET & CAFE : Approval of special request to conduct sampling of 4 varieties of wine , as listed, in the outside deck area, per diagram submitted, on March 21 , 2014 from 6 : 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 ounces of each variety of wine equaling 8 ounces in total per customer is approved. (4) MERRIMAN' S KAUAI: Approval of special request for temporary increase of premises to include the Palm Court, per diagram submitted, on March 5, 12 , 19 & 26 , 2014 from 3 : 30 p . m. to 6: 30 p . m . , on March 21 , 2014 from 5 : 00 p . m. to 8 : 00 p . m . , and on April 3 , 2014 from 5 : 30 p . m . to 6 : 45 p . m . 2 AGENDA April 3 , 2014 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (5) PRINCEVILLE WINE MARKET: Approval of special request for temporary increase of premises by including the walkway fronting the store, per diagram submitted, on March 15 , 2014 from 5 : 00 p . m . to 8: 00 p . m . and to conduct wine tasting, as listed, in this area on the above- stated date and time . (6) ROB' S GOOD TIMES GRILL: Approval of special request for temporary increase of premises to include the sidewalk and parking lot area fronting the restaurant, per diagram submitted, from 6 : 00 p . m. on March 15 , 2014 to 1 : 00 a . m . on March 18, 2014 . (7) THE WINE GARDEN: Approval of special request to conduct sampling of 8 varieties of beer, per list, on March 29, 2014 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 11/2 ounces of each variety of beer equaling 12 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 April 5 , 2014 from 2 : 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 11/ ounces of each variety of wine equaling 5 ounces in total per customer is approved. (9) MARIACHI' S KAPAA: Approval of Application No . 2014- 93 filed on March 6, 2014 by Mariachi's, Inc . dba Mariachi' s Kapaa for a 3 - day Special General license on March 6, 7 & 8, 2014 at 4- 1387 Kuhio Highway, Kapaa, Kauai, Hawaii. ( 10) KAUAI CHAMBER OF COMMERCE : Approval of Application No. Free 2014- 42 filed on March 5 , 2014 by the Kauai Chamber of Commerce for a Free One-Day Special Dispenser Beer & Wine license on March 6, 2014 at Kukui Grove Shopping Center (south parking lot) , 3 - 2600 Kaumualii Highway, Lihue , Kauai, Hawaii, Application No . Free 2014- 44 filed on March 11 , 2014 for a Free One-Day Special Retail Dealer Beer & Wine license on March 13, 2014 at the Kauai Beach Resort, Jasmine Ballroom, 4331 Kauai Beach Drive, Lihue , Kauai, Hawaii, and Application No . Free 2014- 46 filed on March 25 , 2014 for a Free One-Day Special Dispenser Beer & Wine license on March 25 , 2014 at Pictures Plus , 3- 2600 Kaumualii Highway, Lihue , Kauai, Hawaii . 3 AGENDA April 3 , 2014 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (11) KAUAI BEACH RESORT : Approval of special request for temporary decrease of premises by excluding 5' x 5' area in the Jasmine Ballroom , per diagram submitted, on March 13, 2014 from 5 : 30 p . m . to 8 : 30 p . m. and allow retail liquor sales by the Kauai Chamber of Commerce at its membership meeting during the above- stated date and time . (12) KVMH CHARITABLE FOUNDATION, INC . : Approval of Application No. Free 2014- 43 filed on March 11 , 2014 by the KVMH Charitable Foundation for a Free One-Day Special Dispenser Beer & Wine license on March 15 , 2014 at the Waimea Theatre, 9691 Kaumualii Highway, Waimea, Kauai, Hawaii. (13) FRIENDS OF ARTHUR BRUN: Approval of Application No. Free 2014- 45 filed on March 25, 2014 by the Friends of Arthur Brun for a Free One -Day Special Dispenser Beer license on March 29 , 2014 at Pupu' s, Etc . , 1 - 3748 Kaumualii Highway, Hanapepe , Kauai, Hawaii. ( 14) HAWAII FOODBANK — KAUAI BRANCH : Approval of Application No. Free 2014- 47 filed on March 27, 2014 by the Hawaii Foodbank — Kauai Branch for a Free One-Day Special Dispenser Beer & Wine license on April 10 , 2014 at 4241 -A Hanahao Place, Lihue, Kauai, Hawaii. (15) KAUAI UNITED WAY: Approval of Application No . Free 2015 - 01 filed on March 3 , 2014 by the Kauai United Way for a Free One-Day Special Dispenser Beer & Wine license on July 20 , 2014 at the Kauai Veterans Center, 3215 Kapule Highway, Lihue, Kauai, Hawaii. (16) COMMON GROUND : Approval of Application No . 2014- 98 filed on March 25, 2014 by Common Ground Kauai LLC dba Common Ground for a Special General license on March 28, 2014 at 4900 Kuawa Road, Kilauea, Kauai, Hawaii . (f) INFORMATIONAL MATTERS , 2 , VIOLATION REPORTS : (a) BIRDIE' S CAFE : Violation of Sec . 281 - 78(b) (1) (A) , HRS , Prohibitions . (b) JOSSELIN' S TAPAS BAR & GRILL: Violation of Sec . 281 - 78(b) ( 1) (A) , HRS , Prohibitions . (c) KAUAI BEER COMPANY Violation of Sec . 281 - 78(b) ( 1) (A) , HRS, Prohibitions . (d) KAUAI PASTA: Violation of Sec . 281 - 78(b) (1) (A) , HRS , Prohibitions . 4 AGENDA April 3 , 2014 2 , VIOLATION REPORTS : (Cont'd.) (e) NAWILIWILI TAVERN: Violation of Sec . 281 - 78(b) ( 1) (A) , HRS , Prohibitions . (f) NEW ICHIBAN SUSHI & BAR: Violation of Sec. 281 - 78(b) ( 1) (A) , HRS, Prohibitions . (g) THE POINT AT POIPU: Violation of Sec . 281 - 78(b) ( 1) (A) , HRS, Prohibitions . (h) SPLASH CAFE : Violation of Sec. 281 - 78(b) ( 1) (A) , HRS, Prohibitions . (i) LIHUE CHEVRON: Violation of Sec . 281 - 78(b) ( 1) (A) , HRS , Prohibitions . (j) THE MARKET: Violation of Sec. 281 - 78(b) (1) (A) , HRS, Prohibitions . (k) MARRIOTT' S WAIOHAI BEACH CLUB : Violation of Sec . 281 - 78(b) ( 1) (A) , HRS , Prohibitions . 3 , CHANGE IN CORPORATE OFFICERS : MFM, INC . (Menehune Food Marts) : Election of Craig Yoshimoto as Director. 4, CANCELLATION OF TEMPORARY LICENSE : CITY LIQUOR: Effective March 7, 2014, cancellation of Temporary License No . T2014- 07 issued to Kawiki Enterprises LLC dba City Liquor, 5 , TRANSFER OF LICENSES : (a) MARIACHI' S KAPAA: Application No . 2014- 94 was filed on March 6, 2014 for transfer of Restaurant General License No. 2G- 002 (live entertainment and dancing) from Kapaa Cafe LLC dba Kapaa Cafe to Mariachi's, Inc . dba Mariachi's Kapaa located at 4- 1387 Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $275 . (b) LIVING FOODS : Application No . 2014- 96 was filed on March 19, 2014 for transfer of Retail Dealer General License No . 4G-042 from Maverick Restaurants Inc . dba Living Foods Market & Cafe to Pineapple Express LLC dba Living Foods located at 2829 Ala Kalanikaumaka Street, Koloa, Kauai, Hawaii. Deposited $275 . 5 AGENDA April 3 , 2014 6. TEMPORARY LICENSE : LIVING FOODS : Application No . 2014- 97 was filed on March 19, 2014 by Pineapple Express LLC dba Living Foods for a Temporary license to operate Retail Dealer General License No . 4G-042 , pending approval of Transfer Application No . 2014- 96. Deposited $60 . 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. 6