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HomeMy WebLinkAbout2015_0305 Liquor APPROVEDCOUNTY OF KAUAI Minutes of Meeting Open Session Approved as circulated on 03/19/15 Board /Committee: LIQUOR CONTROL COMMISSION Meeting Date March 5, 2015 Location Mo`ikeha Building, Meeting Room #3 Start of Meeting: 4:00 p.m. End of Meeting: 4:16 p.m. Present Chair Paul Endo; Vice Chair Josephine Sokei; Members: Shirley Akita, Jean Iida, Gerald Matsunaga, PaulineVentura Also: Liquor Control Staff: Director Gerald Rapozo, Secretary Cherisse Zaima; Deputy County Attorney Nicholas Courson Excused Dane Oda Absent Violation Hearing SUBJECT DISCUSSION ACTION Call To Order Chair Endo called the meeting to order at 4:00 p.m. with 6 members present, constituting a quorum. Roll Call Director Rapozo called roll, noting 6 members were present. Approval of the Agenda Ms. Iida moved to approve the agenda. Mr. Matsunaga seconded the motion. Motion carried 6:0. Violation Hearing (a) WAIMEA PLANTATION COTTAGES: Count 1: Violation of Sec. 281-31(r) License Class. Count 2: Violation of Rule 3.1(a) Posting of license and availability of rules and regulations and Liquor Laws of the State of Hawaii. Count 3: Violation of Rule 3. IN Postiniz of license and availability of rules and regulations and Liquor Laws of the State of Hawaii. (Pursuant to Rule 3.11, the licensee has waived their right to a violation hearing for Counts 2 & 3, and has paid the appropriate fines for each, totaling g 150.) Kauai Liquor Control Commission Open Session March 5, 2015 Page 2 Carol Resinto of Kikiaola Land Management, and Gregg Enright, General Manager of Waimea Plantation Cottages were present; no counsel. Charge admitted. Mr. Enright explained when the investigator came by requesting the Certificate of Liability Insurance, the employee on duty was brand new, and did not know where to find that document. Mr. Enright stated that the certificate had already been faxed to the Department, and should be on file. They do have a copy of the document which shows the insurance was in place since July 1, 2014. Since then, management has familiarized the staff with such documents and where they can be found. (b) NEW ICHIBAN SUSHI & BAR: Count 1: Violation of Rule 7.8 Manager on duty, qualifications. Count 2: Violation of Rule 7.10 Bar employee records. Mr. Yuan Ying Lim, Owner, was present; no counsel. Charges admitted. Mr. Lim explained that they did not have enough managers with blue cards to cover the shifts, noting that because all his employees are Chinese, they are hesitant to take the test. However, Mr. Lim is encouraging them to do so, and accompanies them to provide interpretation. Since the violation, the licensee has had one more manager obtain a blue card. (c) POIPU BAY CLUBHOUSE: Violation of Rule 7.8(a) Manager on du Mr. Matsunaga moved that a fine of $200 be imposed. Ms. Akita seconded the motion. Motion carried 6:0 Mr. Matsunaga moved that a fine of $200 be imposed for Count 1. Ms Sokei seconded the motion. Motion carried 6:0. Ms. Akita moved that a fine of $50 be imposed for Count 2. Mr. Matsunaga seconded the motion. Motion carried 6:0. Kauai Liquor Control Commission Open Session March 5, 2015 Page 3 The licensee's representative was not yet present. Chair Endo deferred the item to the end of the agenda. Minutes of the Minutes of the Meeting of February 19, 2015 Ms. Sokei moved to approve the minutes. Ms. Meeting Iida seconded the motion. Motion carried 6:0. I. DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS (b) INCOMING COMMUNICATIONS: (1) From Proixmo Spirits (2) From Delicato Family Vineyards Disturbance reports from Olympic Caf6, Kauai Bowl, Kauai Marriott & Beach Club (c) OUTGOING COMMUNICATIONS: (1) To Proximo Spirits (2) To Delicato Family Vineyards (3) Notice of Hearing to Waimea Plantation Cottages, New Ichiban Sushi & Bar, and Po`ipu Bay Beach Club. (4) To Lava Lava Beach Club (d)EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See Attachment. (e) ACTIONS OF THE DIRECTOR: (1) FOODLAND WAIPOULI (2) HANALEI LIQUOR STORE (3) MARRIOTT5S WAIOHAI BEACH CLUB (4) WRANGLER'S STEAKHOUSE Kauai Liquor Control Commission Open Session March 5, 2015 Page 4 (5) CULINARY INSTITUTE OF THE PACIFIC AT KAUAI COMMUNITY COLLEGE (6) KILOHANA Ms. Akita moved to receive Items 1 (a) through (f) INFORMATIONAL MATTERS (f). Ms. Iida seconded the motion. Motion carried 6:0. 2. SPECIAL REQUESTS: KAUAI BEER COMPANY: Request for permanent increase of premise to include the area fronting 4261 Rice Street, per diagram submitted. Director Rapozo noted that there was an unresolved issue with the County Public Work's Building Division regarding the licensee's proposed area of use, and recommended a deferral until such time as that issue has been Ms. Akita moved for deferral. Ms. Iida seconded resolved. the motion. Motion carried 6:0. Violation (c) POIPU BAY CLUBHOUSE: Violation of Rule 7.8(a) Manager on duty, Hearing qualifications (cont'd.) Mr. Seung Joon Lee, Food and Beverage Manager was present; no counsel. Charges admitted. Mr. Lee explained that the employee on duty had been trying to obtain a blue card, and tools the exam several times before she was able to pass. At the time the investigators came by, that employee did not have a blue card, and the only other employee that did have a blue card had already clocked out. Since then, that employee has obtained a blue card, and is listed as a registered manager. In response to Ms. Ventura, Mr. Lee stated he has only three employees, Mr. Matsunaga moved that a fine of $200 be and they all now have blue cards. imposed. Ms. Iida seconded the motion. Motion Kauai Liquor Control Commission Open Session March 5, 2015 Page 5 carried 6:0. Adjournment Submitted by: Cherisse Zaima, Support Clerk (x) Approved as is. ( ) Approved with amendments See minutes of Reviewed and Approved by: meeting. Paul Endo, Chair carried 6:0. Adjournment Chair Endo adjourned the meeting at 4:16 p.m. Submitted by: Cherisse Zaima, Support Clerk (x) Approved as is. ( ) Approved with amendments See minutes of Reviewed and Approved by: meeting. Paul Endo, Chair