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HomeMy WebLinkAboutLiquor Control FY2013-2014 DEPARTMENTAL BUDGET REVIEWS April 11, 2013 Department of Liquor Control (dmc) Page 1 The departmental budget review reconvened on April 11, 2013 at 10:45 a.m., and proceeded as follows: Department of Liquor Control: Honorable Tim Bynum Honorable Gary L. Hooser Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro Excused: Honorable Ross Kagawa GERALD RAPOZO, Investigator: I am here on behalf of Director Eric Honma; he is still out on medical leave. Mr. Rapozo: Did you have a presentation? Mr. G. Rapozo: I can do a fast presentation. Mr. Rapozo: We had you here last week on the revenue which still went into other discussions. Does anyone have questions? We covered the revenue and we covered a lot of the presentation in the last meeting, so in the interest of time if you have any questions on the presentation. Ms. Yukimura: I just wanted to follow up on your Liquor Commission room and ask if during this year you might look into the possibilities of the prepare and maintenance of that room. I do know that there were some tables with legs that were unstable and there actually might be some risk management issues. Mr. G. Rapozo: That 1 table that you are talking about is a table on loan from somebody and I know that 1 of the legs does come out. Ms. Yukimura: Okay, thanks for confirming that. Mr. G. Rapozo: The tables, skirts, and the sound system, that was provided by Boards and Commissions about 2 years ago. Ms. Yukimura: Well I am thinking if you might check with Finance and work with them there might be a way to get that under your budget because you clearly... it is known as the Liquor Commission room. Mr. G. Rapozo: Yes. Ms. Yukimura: And that is where you do your business. To me, it seems like a legitimate expenditure of Liquors moneys. That would help Boards & Commissions but first priority would be you folks. That was my main question. Mr. Rapozo: Any other questions about the chairs and tables? If not, any other questions? April 11, 2013 Department of Liquor Control (dmc) Page 2 Ms. Nakamura: I wanted to ask you about the work that you do with the Life Choices Office and what you plan to do in the upcoming year? The reason why... as I recall from the last discussion, was it last week, where we were talking about the amount of revenues raised through the Liquor licenses and the amount that is return to the State, that it was a sizable number. Mr. G. Rapozo: It was returned back to Licensees. Ms. Nakamura: Oh, okay. What was that number again? Mr. G. Rapozo: $445,000. Ms. Nakamura: And according to the use of the funds that you raise from the Licensees is limited by State law? Mr. G. Rapozo: Correct. Ms. Nakamura: And I do not know if I have that information in front of me but does the prevention of alcohol use, is that a qualified use of those funds? Mr. G. Rapozo: For alcohol use? Ms. Nakamura: Yes. Mr. G. Rapozo: Yes, it can be used for educational purposes especially for the Licensees and those types of things. Ms. Nakamura: Can it be used for the general public as well — education? Mr. G. Rapozo: Not really but we do programs like... they just finished the Town Hall Meetings with Life Choices and we participate with that. Ms. Nakamura: Do you provide funding? Mr. G. Rapozo: Not through that program. The Department has in the past the Shattered Dreams Program. The Department provided the funds for the training for the people who put on the production and it was about 2 years ago. Ms. Nakamura: About how much was that? Mr. G. Rapozo: I think the Department spent $5,000. Ms. Nakamura: And so if it is related to alcohol prevention/education, it would be okay or a legitimate use under State law? Mr. G. Rapozo: Yes, it could. Ms. Nakamura: Well, it seems that and I thought I saw that in your upcoming initiatives to collaborate more with Life Choices and KPD. April 11, 2013 Department of Liquor Control (dmc) Page 3 Mr. G. Rapozo: Yes, it is and on the State law it does provide that fine moneys not to exceed 10% a year for fines accumulated may be use to fund public liquor related educational or enforcement programs. Ms. Nakamura: What is your enforcement — approximate fine moneys? Mr. G. Rapozo: How much? Ms. Nakamura: Yes. Mr. G. Rapozo: Currently there is $125,352. Ms. Nakamura: Okay, so you could go up to $12,000. Mr. G. Rapozo: Correct. Ms. Nakamura: And that would help to fund Life Choices Program relating to alcohol. Mr. G. Rapozo: Possibly. Ms. Nakamura: Are all of your funds... what are the sources of your Office funds? Mr. G. Rapozo: We get all through licenses fees. What happens in June, all the Licensees pay their basic fees — we average about $480. In the month of July they submit their annual sales report to us in which we calculate a percentage fee and that is how we get our funds. Basic fees in June and then by September 30th we get the percentage fees. Ms. Nakamura: Okay. Mr. G. Rapozo: So, that is the funding for our Department. Ms. Nakamura: What does it average out to be? Mr. G. Rapozo: Percentage fees? Ms. Nakamura: So, it pretty much covers your operation? Mr. G. Rapozo: Yes. Just last year current basic fees we got $92,000 and the percentage fees we got $552,000. The percentage fee is spread out to all Licenses, whoever has a liquor licenses it is a percentage fee. Last year's percentage fee was—based on rate of.008167, so it is less than 1% of their annual sales. Ms. Nakamura: Okay. Mr. Rapozo: I am not that good in math. Mr. G. Rapozo: Me too. Mr. Rapozo: What are the total liquor sales? April 11, 2013 Department of Liquor Control (dmc) Page 4 Mr. G. Rapozo: Liquor sales for last year were $99,372,917. Mr. Rapozo: $99,000,000? Mr. G. Rapozo: Yes, liquor sales... gross liquor sales for Kauai. Mr. Rapozo: 99 what? Mr. G. Rapozo: $99,372,917. I did not believe that when I first heard it too. Mr. Rapozo: $99,000,000! Mr. G. Rapozo: It was up from $82,000,000 the year before. Mr. Rapozo: Our economy no can be that bad then, my gosh. Mr. G. Rapozo: Liquor is recession proof. Mr. Rapozo: Do you guys want to pick up dogs on your spare time? $99,000,000? I apologize... when you said the percentage, less than the percent and you said you get $500,000 plus, I knew that was huge... so $99,000,000. Ms. Nakamura: Under your other services line item, could we add 10% of the... put in $12,000 for the Life Choices to be used for anti-drinking programs? Mr. G. Rapozo: I believe we could if something could be discussed. Ms. Nakamura: Thank you. Mr. Rapozo: Any other questions pertaining to that matter? Mr. Hooser: Does your Office have a plan or goal to make sure you spend all the funds that you can prior to returning it? Mr. G. Rapozo: I do not think there is a goal. Whatever is budgeted, I think the expectation is to spend the money. Mr. Hooser: You budget spending the entire budget? Mr. G. Rapozo: Usually the budget is... you know they keep it as tight as can. Mr. Hooser: Okay. But you normally return funds in the end? Mr. G. Rapozo: We do. Mr. Hooser: Okay. So, you maybe can sharpen the budget process a little bit? Because if we are able to spend more on education, outreach, or Life Choices then I would think we would want to do that as much as possible, right? April 11, 2013 Department of Liquor Control (dmc) Page 5 Mr. G. Rapozo: Yes. Mr. Rapozo: Any other questions? Ms. Yukimura: The rule that you articulated about "fine money." Is that in the State Statutes? Mr. G. Rapozo: Yes. Chapter 281. Ms. Yukimura: 281 what line or section? Do you have it in front of you? Mr. G. Rapozo: Yes. The one that the money can be used just for the Liquor Department expenses, 17.5(b). Ms. Yukimura: No, I am looking for the one that says "not more than 10% of your fine money." Mr. G. Rapozo: Okay. That is 31.17 Subsection 3. Ms. Yukimura: Thank you. I want to go back to the Liquor Commission Room, if I may? Mr. Rapozo: Okay. Ms. Yukimura: I just want to clarify that I am not only talking about chairs and tables but if you need curtains to stop the light for shades. Mr. G. Rapozo: We do have shade. Ms. Yukimura: Or painting the walls or whatever... the whole thing. Look at keeping it up and maintain it. Okay. Mr. Rapozo: I did not notice the 3 legged table but I know the chairs, the last time I was in that room it was relatively new so I am not sure... Mr. G. Rapozo: The chairs are in pretty good condition. Ms. Yukimura: They may have gotten some new ones. I am not being specific but whatever needs maintenance, I guess. Mr. Rapozo: I was just hoping that somebody did not go swop out the good chairs and put in rubbish chairs. I just wanted to make sure that we are all talking about the same chairs. Ms. Yukimura: Oh. Mr. Rapozo: You know how that happens. But those funds on your license fee funds could definitely could be used for your Office, correct? Ms. Yukimura: Yes. April 11, 2013 Department of Liquor Control (dmc) Page 6 Mr. Rapozo: Because as I read this relating to operational administrative costs actually incurred by the Liquor Commission collecting owe... maybe not. It is weird the way it is written. It says "may only be used for costs and expenses directly relating to operational administrative cost actually incurred by the Liquor Commission collecting or receiving such liquor license fees." Sounds pretty limited. Ms. Yukimura: But the decision making is part of the collecting. The decision making of the Liquor Commission. Mr. Rapozo: I guess you could stretch it as far as you want but... we probably will have to get an interpretation on that. Ms. Yukimura: Yes. Ms. Nakamura: I am looking at your monthly auto allowance line item and I wanted to find out how does that work? What kind of allowance do you give to your employees? Mr. G. Rapozo: Currently the Investigators get $300 a month that is for the Field Investigators. I get $200 a month and that is for the basic use of their... they do not have a mileage fee. It is flat rate $300 a month. We also provide gas. Gas is based on 1 gallon for every 10 miles traveled. Ms. Nakamura: How does this compare to other Counties? Mr. G. Rapozo: Currently the Big Island is the only ones with subsidized vehicles and they have $600 a month. City and County of Honolulu have department vehicles. Ms. Nakamura: So the Investigators and yourself, do you go... how often are you using your vehicles? Mr. G. Rapozo: My vehicle? Ms. Nakamura: Yes. Mr. G. Rapozo: Because I am in the Office now, anytime there is a license application, I have to do a pre-inspection so I have to go to the site and check out the area but that is about it. Ms. Nakamura: And for the Investigators? Mr. G. Rapozo: They do their daily inspections. Ms. Nakamura: Using their own vehicles? Mr. G. Rapozo: Yes. Ms. Nakamura: And do you think that that $300 a month is sufficient? Mr. G. Rapozo: No. Just the wear and tear... like my van in the last year— 1 repair is $600. The upkeep of the vehicle is expensive. April 11, 2013 Department of Liquor Control (dmc) Page 7 Ms. Nakamura: Right. And this would be covered... all of these would be covered under... Mr. G. Rapozo: It is currently being negotiated... we have a supplemental agreement with the union and they are working on an increase. Ms. Nakamura: That is being negotiated now? Mr. G. Rapozo: Yes. It is in the Director's hands. He is deciding on that. Ms. Nakamura: Okay. So, that number is not reflected in the budget in front of us? Mr. G. Rapozo: No. Ms. Nakamura: We may want to look at that or there might be a change in the supplemental budget? Mr. G. Rapozo: It will. Ms. Nakamura: Okay. Mr. Rapozo: You said the Big Island is getting $600 a month? Mr. G. Rapozo: Yes. Mr. Rapozo: And they get the gas? Mr. G. Rapozo: Correct. Mr. Rapozo: Do you know what the... I forget what it is now, we had this discussion at last year's budget and I strongly recommended to your Director that we look at getting fleet vehicles. I guess that fell on deaf ears but if we are going to go on the monthly allowance system which I would agree, I think $300 is definitely insufficient. Do you know what the Police... anyone remembers what the Police number was when the Police was here? Mr. Hunt: 562, I think. Mr. Rapozo: Police is 562? Mr. Hunt: Correct and just to add although this is covered by the union and the supplemental agreement, the intent too is to go into mileage rather than vehicle allowance. We are also considering looking at motor pools because many of the County fleet is available and certain areas like Liquor work primarily in the evenings when many vehicles are available but that is part of the negotiations which I cannot discuss here. Mr. Rapozo: Okay. Well, I guess if we are going to... I would assume there is going to be some allowance there in the May submittal because I do not think you are going to get anything done by May, correct? April 11, 2013 Department of Liquor Control (dmc) Page 8 Mr. Hunt: I am not sure at this point, probably. Mr. Rapozo: I see Ernie nodding his head but I guess my recommendation would be to bring parity to these numbers, I mean $300 is simply not enough. The Field Investigators, they are on the road consistently because that is their job and it is not like you do not have the money. I would definitely look at increasing that to at least $500. I do not see why they should be any different than the Police at 562. Ms. Nakamura: If we are looking at developing a motor pool, could this source of funding be Liquor's contribution to the motor pool? Mr. Hunt: And again, that is what we are looking at. If there is a shared use then there is a shared cost of fuel that is being used from our fuel yard. There is a shared cost of the... it is a lease vehicle,-a shared portion of that... all things that would need to be worked out as part of the negotiations with that. Ms. Nakamura: How many cars do you need at any given time? Mr. G. Rapozo: Right now we have 4 Investigators. I would say if we went into a motor pool program, we could get away with 3 vehicles. Ms. Nakamura: Thank you. Mr. Rapozo: You folks carry equipment? Mr. G. Rapozo: Yes, it is one of the things with motor pool program and in speaking with Amy Esaki on this, is because the Liquor Funds can be used only for liquor operations, if we lease those vehicles with liquor funds, it would not be able to be used by other departments. That is one of the concerns and because... like the Building Inspectors, they have their tools in their vehicles, same thing with us, we would have... when we go out, we take our evidence equipment, and sound meters those types of things. Ms. Nakamura: What is the hesitancy to use these funds that are available for vehicles dedicated to the Liquor Commission? Mr. G. Rapozo: It is just a decision that has to be made. It is something that I will be looking into in the next year. Ms. Nakamura: It seems that if the funds are there and if it a better way to... I know all the users... it is the users funds but if it is going to carry out the work more efficiently and I think it should be explored. Mr. G. Rapozo: It is being explored. One of the things with using g ex p g g our own cars, our cars is marked. One of the Investigators one night he got 4 tires slashed in Hanalei and found out about it in Kilauea. It is one of the things about private vehicles for our use. One year our license plates numbers was at Waimea High School in the restrooms, these are the Liquor Inspectors license numbers... Ms. Yukimura: That is why if you have a motor pool, you can keep changing cars. April 11, 2013 Department of Liquor Control (dmc) Page 9 Mr. G. Rapozo: And one of the things if we go into our Department cars, it would be unmarked. Maui Liquor Commission, their Investigators take out the County seal and county plates and they get complaints about why is this vehicle outside of this bar and then they see it at this bar... it is hard to do surveillance with a nice County seal on your door. Mr. Rapozo: You cannot use that excuse on Kauai. Ms. Yukimura: In your goal number 2 "maintain below 10% non- compliance rate for compliance checks," you are referring to the checks on grocery and other liquor vendors who sell alcohol to below age, right? Mr. G. Rapozo: Yes, that is the compliance checks. Ms. Yukimura: That does not use the $12,000 or the 10%? Mr. G. Rapozo: No. Ms. Yukimura: That is another category of expenses? Mr. G. Rapozo: We do it the regular shift work so there is no overtime cost. Ms. Yukimura: Do you have the range of success? How often do you do the compliance checks? Mr. G. Rapozo: Throughout the year we probably do 6. It is done in phases so 1 contract will be for the on premise the restaurants and the bars and then one contract for the retails. It averages about 6 a year. Ms. Yukimura: Who do you contract with? Mr. G. Rapozo: The University of Hawai`i Office of Health Studies, they get the grant money so they administer the program. We work with Police Department and that group. Ms. Yukimura: Is it possible to do more frequent checks? Mr. G. Rapozo: We could do our own but we work with the University. Ms. Yukimura: If we did our own though, who would do it? Mr. G. Rapozo: We could do it. Ms. Yukimura: You would organize it? Mr. G. Rapozo: We could. Ms. Yukimura: But you would need some kids who would participate? April 11, 2013 Department of Liquor Control (dmc) Page 10 Mr. G. Rapozo: Yes. There trick protocols that you got to follow. There is training and everything involved but we could do it. Ms. Yukimura: And would you be able to give to us a report of the checks over the last 5 years? Mr. G. Rapozo: I did... Mr. Rapozo: I think it is in the presentation, the last 2 pages. Mr. G. Rapozo: I just went back 3 years. 2006 is when we really began the program and I can get that information for you. Ms. Yukimura: But you went from 2011 1% non-compliance to 24% non-compliance? Mr. G. Rapozo: Yes, that is the retail stores. Yes, for that 1 year, we did good. Ms. Yukimura: You have 2 different lists and one applies to? Mr. G. Rapozo: On premises at the top, that is the bars... Ms. Yukimura: Oh okay. So, on your on premises which you said restaurants bars that is 11% non-compliance and then 22% non-compliance and your goal is to be 10% non-compliance. Do you think these compliance checks actually work? Mr. G. Rapozo: It has to be consistent. Ms. Yukimura: Yes. Mr. G. Rapozo: They do National studies and everything shows that it has to be consistent; it is not like you do it now and then 6 months later. Ms. Yukimura: That makes a lot of sense. What about how they are fined or what the consequences are of compliance or non-compliance? Mr. G. Rapozo: In the Courts from what we understand, the fines have been between $250 and $500 for the offender. The Liquor Commission side currently they are getting $2,000 fine with $1,000 suspended for a year. In the last few years, we have caught a few within that year. Ms. Yukimura: When you say there is a $250 or $500 fine for the offender that is the person who is selling? Mr. G. Rapozo: Yes. Ms. Yukimura: That is the individual and then the grocery store, etc., gets a fine as well? Mr. G. Rapozo: From the Commission. April 11, 2013 Department of Liquor Control (dmc) Page 11 Ms. Yukimura: Right. And this is standard throughout the State for the fines? Mr. G. Rapozo: No. It is always at the discretion of the Commission. Ms. Yukimura: So, a combination of more frequent compliance checks plus fairly stiff fines might drop the underage... Mr. G. Rapozo: I would think so. Ms. Yukimura: If it is your goal to stay below 10% compliance rate, are you folks going to be working on a strategy that increases the compliance checks and the fines? Mr. G. Rapozo: I will discuss it with the Director. Ms. Yukimura: And see if that is something that can be done because if it is your goal already which I commend, how achieve that goal is going to be the question, I guess. If you need more budget for that it may be a matter of taking from your Fund Balance, if Y ou have one. Mr. Rapozo: They do not have a Fund Balance because everything gets returned. Ms. Yukimura: All it means is budgeting. Would you check with the Director and see if you can come back with a proposed budget line for reaching your goal number 2. Mr. Rapozo: The nice thing about your Department is that we do not have to worry about looking for money to fund the programs. That is the only Department or Division that is like that. I guess the encouragement and I think I speak for all the Councilmembers that we encourage you guys to take advantage of the resources and work with partnering with other agencies to get that percentage down. It is interesting because you have an employee that sells liquor to an underage person, most of the businesses would terminate that employee, so next employee comes in and she just starts working again versus the employee that gets fired, never had the chance to learn the lesson. You are dealing with a new crop of employees and it is interesting that we even have that rate that is so high because they change the licenses now. They changed it to where if you are underage, your license is like this, the underage is this way and they are still selling them the liquor to the underage people, which is really no excuse. Mr. G. Rapozo: A lot of it comes down to training. Like the Licenses, they are responsible to train their employees. We offer training and they do their managers testing and all that. It bothers me that when people get caught, they do have a managers card to show that they did come to the training, and I did cover compliance checks and so... when I see the names that came to the class, it sad. Mr. Rapozo: Hopefully the Commission takes that into account and... those should not be suspended. If it is a manager, the $1,000 part of the fine should not be suspended; they should revoke the licenses for a week or weekend to really make it impacting to the business, if it is a manager. April 11, 2013 Department of Liquor Control (dmc) Page 12 Ms. Yukimura: And you could develop rules like that. To really achieve the goal and make it really serious because it is like drunk driving which used to be... the Courts used to just tap people on the hand and let them go and then I think primarily because of Mothers Against Drunk Driving, the Court treatment of drunk drivers have gotten very different. That might be what your Commission needs to look at. They could even say if it is a manager is involved, the fine is bigger or even a day suspension would get the message out. Mr. Rapozo: With $99,000,000 of liquor sales in a year, I would think a day suspended would be tremendous. I still cannot get over that $99,000,000. Ms. Yukimura: So, if you could talk to your Director, you could actually and it would be a really interesting experiment to do a very focused and concerted year to bring down that number and to see what you can learn from it. It will take time and somebody's attention. Mr. G. Rapozo: It can be done. Ms. Yukimura: Thank you. Ms. Nakamura: From the prior years when we have gone over this Department's budget we have always talked about going back to the State law to see if funds can... if more funds could be diverted to prevention. Maybe this is a question for Councilmember Hooser but are you aware of attempts recently about trying to broaden the use of the funds, the amount of the fine funds that could be used to, not just education or enforcement programs but prevention programs? Mr. G. Rapozo: I understand that there was a proposal this year the Legislature and it did not pass. It died in one of the Committees. Ms. Nakamura: Could we get a copy of that? Mr. G. Rapozo: Okay. Mr. Rapozo: Ashley, could you check on that? Mr. Hooser: Would you like me to respond? I was not aware of it. It has not been brought to my attention but certainly for next year we could track that and try to promote it. I think it is a good idea. Ms. Nakamura: I would like to try to get it on the HSAC package, if possible. I will work with Staff to see if we could maybe work off of what is existing but to increase rather than 10% of the fines collected to bring it up to as high as we can, and to add the word prevention in the language. If we have support, I would like to pursue that. Mr. Hooser: I would like to throw in treatment if we were looking to broaden the scope. Ms. Nakamura: Yes. April 11, 2013 Department of Liquor Control (dmc) Page 13 Ms. Yukimura: I believe the last HSAC package there was a County that proposed... Maui to do something with this particular Chapter and I guess it did... did it become part of the HSCA package? Mr. Rapozo: No, that was different. That was a gallonage tax. They were trying to increase gallonage tax for... Ms. Nakamura: I am not sure if there is any time in our HSAC conference here to do some brainstorming with the other Councils about this but it would be a good use of our time, I think. Ms. Yukimura: That is a good idea. Mr. Rapozo: Sure, we can invite the Liquor Commissioners to come too and we can have a discussion. I agree, we need to take advantage of those... it is like the forfeiture funds. Let them pay, not the taxpayer. Good points and we will try to track the bill. Maui's one was gallonage but I believe they wanted to use the proceeds for training or prevention. I think Honolulu may have voted against it. We will definitely pursue this one 28117 is the Statute. Good points. Anything else on the budget? If not, thank you very much. There being no objections, the Council recessed at 11:22 p.m.