HomeMy WebLinkAbout2015_0205 Liquor APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
Open Session
Approved as circulated on 02/19/15
Board /Committee:
LIQUOR CONTROL COMMISSION
Meeting Date
February 5, 2015
Location
Mo`ikeha Building, Meeting Room #3
Start of Meeting: 4:00 p.m.
I End of Meeting: 4:14 p.m.
Present
Chair Paul Endo; Vice Chair Josephine Sokei; Members: Jean Iida, Gerald Matsunaga, Dane Oda, Gary Pacheco, Pauline Ventura
Also: Liquor Control Staff. Director Gerald Rapozo, Secretary Cherisse Zaima; Deputy County Attorney Nicholas Courson
Excused
quorum.
Absent
Director Rapozo called roll, noting all 7 members present.
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Endo called the meeting to order at 4:00
p.m. with 7 members present, constituting a
quorum.
Roll Call
Director Rapozo called roll, noting all 7 members present.
Approval of the
Mr. Pacheco moved to approve the agenda. Ms.
Agenda
Iida seconded the motion. Motion carried 7:0.
Public Hearing
(a) POIPU BEACH ATHLETIC CLUB: Application No. 2015 -42 was
filed on December 3, 2014 by PBAC LLC dba Po`ipu Beach Athletic
Club for a Restaurant General (live music, no dancing) license located
at 2290 Po`ipu Road, Koloa, Kauai, Hawaii. The Commission accepted
Application No. 2015 -42 for publication and public hearing on
December 4, 2014 and ordered to print notices of public hearing in The
Garden Island newspaper on Wednesdays, December 10 & December
17, 2014, scheduling the public hearing on Thursday, February 5, 2015
at 4:00 p.m. or shortly thereafter in Meeting Room #3 of the Lihue Civic
Center, Mo'ikeha Building, 4444 Rice Street, Lihue, Kauai, Hawaii.
Ms. Iida moved to approve Application No. 2015-
Kauai Liquor Control Commission
Open Session
February 5, 2015
Page 2
Anthony Carll, General Manager, was present along with Canaan Hookano,
Land Representative.
At the request of Commissioner Matsunaga, Mr. Carll explained where the
location of the establishment is relative to the K61oa bypass road.
(b) PALATE KILAUEA: Application No. 2015 -44 was filed on December
101 2014 for transfer of Retail General License No. 4G -017 from K-
Town Market, LLC dba K -Town Mana Mart to Palate Kilauea LLC dba
Palate Kilauea located at 2474 Keneke Street, Kilauea, Kauai, Hawaii.
The Commission accepted Application No. 2015 -44 for publication and
public hearing on January 8, 2015 and ordered to print notice of public
hearing in The Garden Island newspaper on Wednesday, January 14,
2015, scheduling the public hearing on Thursday, February 5, 2015 at
4:00 p.m. or shortly thereafter in Meeting Room #3 of the Lihu`e Civic
Center, Moikeha Building, 4444 Rice Street, Lihu`e, Kauai, Hawaii.
Matthew Ernsdorf, Owner, was present.
(c) GARDEN ISLAND GRILLE: Application No. 2014 -56 was filed on
December 24, 2014 for transfer of Restaurant General License No. 2G-
065 from Maxcorp. Ltd. dba Tomkats Grille to Garden Island Grille
LLC dba same located at 5404 K61oa Road, Koloa, Kauai, Hawaii.
The Commission accepted Application No. 2014 -56 for publication and
public hearing on January 8, 2015 and ordered to print notice of public
hearing in The Garden Island newspaper on Wednesday, January 14,
2015, scheduling the public hearing on Thursday, February 5, 2015 at
4:00 p.m. or shortly thereafter in Meeting Room #3 of the Lihu`e Civic
Center, Moikeha Building, 4444 Rice Street, Lihu`e, Kauai, Hawaii.
42. Mr. Pacheco seconded the motion. Motion
carried 7:0.
Ms. Iida moved to approve Application No. 2015-
44. Mr. Pacheco seconded the motion. Motion
carried 7:0.
Ms. Iida moved to approve Application No. 2015-
56. Ms. Sokei seconded the motion. Motion
carried 7:0.
Kauai Liquor Control Commission
Open Session
February 5, 2015
Page 3
Dave Barber, Owner, was present.
Violation
(a) TORTILLA REPUBLIC GRILL & MARGARITA BAR: Violation of
Hearing
Sec. 281- 31(c)(1), Licenses, classes.
John Halter, Managing member, and April Whitehead, General Manager
were present; no counsel.
Mr. Halter explained that the violation was an oversight on their part in
failing to obtain a special permit for a temporary increase of premise to
allow the serving of liquor outside of the licensed premises. These requests
are usually made on a monthly basis to allow for participation in the
Mr. Matsunaga moved that a fine of $300 be
Kukui`ula Shopping Center's weekly farmer's market. However, since
imposed, with $200 suspended for a period of one
receiving this violation notice, the licensee has been requesting these
(1) year provided there are no violations of the
permits further in advance, covering several months at a time to ensure they
same offense within that year. Mr. Pacheco
are in compliance with the rules.
seconded the motion. Motion carried 7:0.
(b) JOSSELIN'S TAPAS BAR & GRILL: Violation of Sec. 281- 31(c)(1),
Licenses, classes.
Jean Marie Josselin, Owner, was present; no counsel.
Mr. Josselin explained that similar to the previous licensee, management
failed to obtain a special permit for temporary increase of premises. Since
Mr. Matsunaga moved that a fine of $100 be
then, ongoing issues with one particular manager have been resolved to
imposed, with $50 suspended for a period of one
ensure this type of oversight does not occur in the future.
(1) year provided there are no violations of the
same offense within that year. Mr. Pacheco
seconded the motion. Motion carried 7:0.
Minutes of the
Minutes of the Meeting; of January 22, 2015
Mr. Pacheco moved to approve the minutes. Mr.
Kauai Liquor Control Commission
Open Session
February 5, 2015
Page 4
Meeting
Oda seconded the motion. Motion carried 7:0.
1.
DIRECTOR'S REPORT:
(a) INVESTIGATORS' REPORTS
(b) INCOMING COMMUNICATIONS:
(1) From Jackson Family Wines, Inc
(2) From Strike & Techel
(3) From Poperush Winers
(4) From Clos du Bois Wines
(5) From Aloha Petroleum, Ltd
(c) OUTGOING COMMUNICATIONS:
(1) To Jackson Family Wines, Inc
(2) To Buchman Law Firm, LLP
(3) Findings of Fact to Kauai Sports Bar & Asian Cuisine, and Makai
Golf Club at the St. Regis Princeville Resort
(4) Notice of Hearing to Tortilla Republic Grill & Margarita Bar &
Josselin's Tapas Bar & Grill
(d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See Attachment.
(e) ACTIONS OF THE DIRECTOR:
(1) HANALEI LIQUOR STORE
(2) KILOHANA
(3) TORTILLA REPUBLIC
(4) THE WINE GARDEN
(5) WRANGLER'S RESTAURANT
(6) ROTARY CLUB OF POIPU BEACH
(7) ROTARY CLUB OF WEST KAUAI
(8) WALDRON NORTON LILLY INTERNATIONAL, INC
Ms. Iida moved to receive Items 1 (a) through (f).
Kauai Liquor Control Commission
Open Session
February 5, 2015
Pate 5
Submitted by:
Cherisse Zaima, Support Clerk
(x) Approved as is.
( ) Approved with amendments
See minutes of
Reviewed and Approved by:
meeting.
Paul Endo, Chair
(f) INFORMATIONAL MATTERS
Mr. Pacheco seconded the motion. Motion
carried 7:0.
I
NEW LIQUOR LICENSE:
PAU HANA PIT STOP: Application No. 2015 -57 was filed on January 28,
2015 by Pau Hana Pit Stop LLC dba Pau Hana Pit Stop for a Retail Dealer
Mr.Pacheco moved to approve publication and
General license located at 2 -2515 Kaumuali`i Highway, Kalaheo, Kauai,
public hearing of Application No. 2015 -57. Mr.
Hawaii. Deposited $450.
Matsunaga seconded the motion. Motion carried
7:0.
Adjournment
Mr. Pacheco moved to adjourn the meeting at
4:14 p.m. Ms. Sokei seconded the motion.
Motion carried 7:0
Submitted by:
Cherisse Zaima, Support Clerk
(x) Approved as is.
( ) Approved with amendments
See minutes of
Reviewed and Approved by:
meeting.
Paul Endo, Chair