HomeMy WebLinkAbout2015_0402 Liquor APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
Open Session
Approved as circulated on 04/16/15
Board /Committee:
LIQUOR CONTROL COMMISSION
Meeting Date
I April 2, 2015
Location
Mo`ikeha Building, Meeting Room #3
Start of Meeting: 4:00 p.m.
End of Meeting: 4:31 p.m.
Present
Chair Paul Endo; Vice Chair Josephine Sokei; Members: Shirley Akita, Jean Iida, Gerald Matsunaga, Dane Oda, PaulineVentura
Also: Liquor Control Staff: Director Gerald Rapozo, Secretary Cherisse Zaima; Deputy County Attorney Nicholas Courson
Excused
Absent
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 7 members were present.
Approval of the
Director Rapozo noted the following addition to the agenda for publication
Agenda
and public hearing:
NEW LIQUOR LICENSE
LONG'S DRUGS #10474: Application No. 2015 -68 was filed on March
30, 2015 by Longs Drug Stores California, LLC dba Longs Drugs
#10474 for a Retail General license located in the Shops at Kukui`ula at
Mr. Matsunaga moved to approve the agenda
2829 Ala Kalanikaumaka, Koloa, Kauai, Hawaii. Deposited $450,
with the addition. Ms. Iida seconded the motion.
Motion carried 7:0.
Violation
(a) NEW ICHIBAN SUSHI & BAR: Violation of Rule 7.8 Manager on
Hearing
duty, qualifications.
Mr. Yuan Ying Lim, Owner, was present; no counsel. Charges admitted.
Commissioner Matsunaga pointed out that the licensee had just been before
Kauai Liquor Control Commission
Open Session
April 2, 2015
Pate 2
the Commission about a month ago, at which time the licensee stated
corrective measures would be taken. He noted that it is bothersome to him
that they received the same violation in a relatively short period of time.
Mr. Lim explained that the violation occurred within a week of each other,
and because of the close timing, his employees were unable to obtain a blue
card. However, since then some of his employees have gotten their blue
cards.
Commissioner Oda asked how long it normally takes to get a blue card to
which Director Rapozo explained the blue card exams are given every
Wednesday.
In response to several questions by the Commission, Mr. Lim stated he
currently has only two employees with blue cards, but he will be
encouraging other employees to do so. He noted because they are Chinese,
Mr. Matsunaga moved that a fine of $1,000 be
they have some difficulty with the exam, and need more time to study.
imposed, with $500 suspended for a period of
one (1) year provided there are no violations of
the same offense within that year. Ms. Iida
seconded the motion. Motion carried 7:0.
(b) MAKAI GOLF CLUB AT THE ST. REGIS PRINCEVILLE
RESORT: Violation of Rule 7.1 Number of drinks per person and
liquor content of drinks, exception.
Mr. Eric Belmonte, Head Golf Professional /Manager was present along
with Mr. Cole Martinez, Snack Bar Employee were present; no counsel.
Charges admitted.
Mr. Martinez explained that two people approached the window and
ordered Mai Tais, which were prepared and set on the counter. Before the
sales transaction was complete, one patron grabbed all three drinks and
walked away.
Kauai Liquor Control Commission
Open Session
April 2, 2015
Pate 3
Commissioner Matsunaga commented that the licensee is before the
Commission for a second offense, noting that at the last hearing Mr.
Belmonte stated corrective measures would be taken. Yet, the violation
occurred again.
Mr. Belmonte stated it is a small area, which will require them drastically
change what they will do now; instead of the standard servings allowed per
person, they will only serve one drink. He feels that is necessary given the
small service area which makes it difficult for more than one person to be
served at a time. Commissioner Matsunaga asked whether that change has
already been made to which Mr. Belmonte replied yes, they provided
training for the staff immediately following the receipt of this violation
notice.
Commissioner Oda asked how it was determined that the three drinks were
for more than one person to which Mr. Martinez stated there were initially
three people who approached the serving window; one person left for the
picnic area, and before Mr. Martinez could give the patron his change and
receipt, the second person had also left, and the patron grabbed all three
drinks and left.
Commissioner Akita pointed out that because of the serving size of those
particular drinks, one person would not have been allowed to take more
than one drink.
Director Rapozo confirmed that in this case the drinks served were 13
ounce Mai Tais, which exceeds the 10 ounce standard. Therefore, only one
drink per person would be allowed; if it had been 10 ounce Mai Tais, one
person would be allowed to walk away with two drinks.
Commissioner Akita asked whether Mr. Martinez tried to call the second
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Open Session
April 2, 2015
Pate 4
person back to which he replied no, he did not get a chance to do so.
Commissioner Oda asked whether they have any wait staff to which Mr.
Belmonte replied no, but that is an idea they are considering.
Commissioner Akita asked if they have any signage regarding standard
servings sizes to which Mr. Belmonte replied they do, but most people do
not look at them.
There was further discussion about standard serving sizes of drinks, and
Mr. Matsunaga moved that a fine of $1,000 be
things the licensee could do to ensure compliance with the Rules.
imposed, with $500 suspended for a period of
one (1) year provided there are no violations of
the same offense within that year, and payment
of the previously suspended $200; $700 total.
Ms. Iida seconded the motion. Motion carried
7:0.
(c) WAIMEA PLANTATION COTTAGES: Violation o f Rule 7.8
Manager on duty, qualifications.
Carol Resinto, Controller for Kikiaola Land Company, and Lori Lemn of
Waimea Plantation Cottages were present; no counsel. Charges admitted.
Ms. Lemn explained that at first they were not aware they needed to have
staff with blue cards because they do not serve liquor out of their
establishment; if they have a special event, liquor is brought in. When they
received this violation, Ms. Lemn transferred two staff members from the
Restaurant, and also designated another staff member with a blue card as a
manager on duty. The reason they did not have anyone with a blue card
present at the time was due to unforeseen scheduling conflicts. The person
that had been scheduled to come it was unable to, but they could not close
the business so they continued to operate, and received a violation as a
result. Ms. Lemn noted that they are now fully staffed with blue card
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April 2, 2015
Pate 5
holders.
Commissioner Matsunaga expressed concern that the licensee knew they
were in violation, but continued to operate anyway, and just happened to get
caught. Ms. Lemn explained that they were expecting the staff member
with a blue card to come in for her shift, but she called in sick. She felt she
had to keep the doors open, and was unsure what to do.
Chair Endo asked how many staff members now have blue cards to which
Ms. Lemn replied at least five, with two more staff members in line to get
their blue cards as well.
Commissioner Iida asked to clarify Ms. Lemn's comment that they do not
serve liquor. Ms. Lemn stated they are a hotel, and the only time they
would serve liquor would be for an event at the Resort; they have not had an
event in a while. She explained this is why she was confused because she
was unaware that just because they had a liquor license they had to have a
person with a blue card on premises at all times. Once she understood that,
Ms. Akita moved that a fine of $500 be imposed,
they made sure to have all staff members obtain blue cards.
with $250 suspended for a period of one (1) year
provided there are no violations of the same
offense within that year. Mr. Matsunaga
seconded the motion. Motion carried 7:0.
Minutes of the
Minutes of the Meeting of April 2, 2015
Ms. Ventura moved to approve the minutes. Ms.
Meeting
Iida seconded the motion. Motion carried 7:0.
I.
DIRECTOR'S REPORT:
(a) INVESTIGATORS' REPORTS
(b) INCOMING COMMUNICATIONS:
(1) From Delicato Family Vineyards
(2) From The Wine Group
(3) From Jackson Family Enterprises
Kauai Liquor Control Commission
Open Session
April 2, 2015
Page 6
(4) From Strike &Techel
(5) From Sweepstakes Consulting, LLC
(6) From E &J Gallo Winery
(7) From Kobayashi Sugita & Goda, LLP
(8) From Oregon Wine Services and Storage
(9) Disturbance Report from Kalapaki Joe's Waimea, 9t' Island Sports
Bar, and Kalapaki Joe's (Harbor Mall)
(c) OUTGOING COMMUNICATIONS:
(1) Notice of Hearing to New Ichiban Sushi & Bar, Makai Golf Club at
St. Regis Princeville, Waimea Plantation Cottages, and Cafe
Portofino
(2) To The Wine Group
(3) To Jackson Family Enterprises
(4) To E &J Gallo Winery
(5) To Delicato Family Vineyards
(d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See Attachment.
(e) ACTIONS OF THE DIRECTOR:
(1)
EATING
HOUSE 1849 BY
ROY YAMAGUCHI
(2)
GRAND
HYATT RESORT
& SPA
(3) JOSSELIN'S TAPAS BAR & GRILL
(4) KILOHANA
(5) LIVING FOODS MARKET
(6) MERRIMAN' S
(7) PAPAYA'S NATURAL FOODS & CAFE
(8) ISLAND SCHOOL
(9) KILOHANA
(10) KAYS LLC
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Open Session
April 2, 2015
Page 7
(f) INFORMATIONAL MATTERS
Ms. Sokei moved to receive Items 1 (a) through
(f). Ms. lida seconded the motion. Motion
carried 7:0.
2.
NEW LIQUOR LICENSE:
SAFEWAY #2894: Application No. 2015 -62 was filed on March 16,
2015 by Safeway Inc. dba Safeway #2894 for a Retail General license
located in the new Hokulei Village Shopping Center Phase 1 at 4454
Ms. Akita moved to approve publication and
Nuhou Street, Li-hu`e, Kauai, Hawaii. Deposited $450.
public hearing for Application No. 2015 -62. Ms.
lida seconded the motion. Motion carried 7:0.
3.
TRANSFER OF LIQUOR LICENSES:
(a) MARRIOTT'S WAIOHAI BEACH CLUB: Application No. 2015 -64
was filed on March 19, 2015 for a transfer of Hotel License No. 12G-
012 from Marriott Resorts Hospitality Corporation dba Marriott's
Waiohai Beach Club to MVW of Hawaii, Inc. dba Marriott's
Waiohai Beach Club located at 2249 Po`ipu Road, K61oa, Kauai,
Ms. Akita moved to approve publication and
Hawaii. Deposited $275.
public hearing for Application No. 2015 -64. Ms.
lida seconded the motion. Motion carried 7:0.
(b) MARRIOTT'S WAIOHAI BEACH CLUB: Application No. 2015 -65
was filed on March 19, 2015 for a transfer of Retail General License
No. 4G -033 from Marriott Resorts Hospitality Corporation dba
Marriott's Waiohai Beach Club to MVW of Hawaii. Inc. dba
Marriott's Waiohai Beach Club located at 2249 Po`ipu Road, K61oa,
Ms. Akita moved to approve publication and
Kauai, Hawaii. Deposited $275.
public hearing for Application No. 2015 -65. Ms.
Sokei seconded the motion. Motion carried 7:0.
(c) MARKETPLACE EXPRESS: Application No. 2015 -66 was filed on
March 19, 2015 for a transfer of Retail General License No. 4G -037
from Marriott Resorts Hospitality Corporation dba Marketplace
Express to MVW of Hawaii, Inc. dba Marketplace Express located at
Ms. Akita moved to approve publication and
3325 Holokawelu Way, Lihu`e, Kauai, Hawaii. Deposited $275.
public hearing for Application No. 2015 -66. Ms.
Iida seconded the motion. Motion carried 7:0.
Kauai Liquor Control Commission
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April 2, 2015
Page
8
Adjournment Chair Endo adjourned the meeting at 4:31 p.m.
Submitted by:
Cherisse Zaima, Private Secretary
(x) Approved as is.
( ) Approved with amendments
See minutes of
Reviewed and Approved by:
meeting.
Paul Endo, Chair