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HomeMy WebLinkAbout2015_0521 Liquor APPROVEDCOUNTY OF KAUAI Minutes of Meeting Open Session Approved as circulated on 06/04/15 Board /Committee: LIQUOR CONTROL COMMISSION Meeting Date May 21, 2015 Location Mo`ikeha Building, Meeting Room #3 Start of Meeting: 4:00 p.m. End of Meeting: 4:10 p.m. Present Chair Paul Endo; Vice Chair Josephine Sokei; Members: Shirley Akita, Jean Iida, Gerald Matsunaga, Dane Oda Also: Liquor Control Staff: Director Gerald Rapozo, Secretary Cherisse Zaima; Deputy County Attorney Matthew Bracken Excused Pauline Ventura Absent 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 Ms. Akita moved to approve the agenda. Ms. Agenda Iida seconded the motion. Motion carried 6:0. Violation POIPU BAY CLUBHOUSE: Violation of Rule 3.12 Commission orders. Hearing Seung Joon Lee, Assistant Food & Beverage Director was present along with Michael Hutton, Grand Hyatt Beverage Manager; no counsel. Charges admitted. Mr. Lee explained the Findings of Fact, Conclusions of Law, Decision and Order was delivered, but he had no knowledge that it had been received, though he was waiting to hear from the Department. Investigator Moises contacted him on the morning of April 10 to inform Mr. Lee that payment was late, but Mr. Lee had not yet seen the Decision and Order. Nevertheless, Mr. Lee stopped by that same day to pay the fine. Commissioner Matsunaga asked where the delivered Decision and Order Kauai Liquor Control Commission Open Session May 21, 2015 Page 2 had been left to which Mr. Lee replied it was given to one of their employees, who failed to give it to the right person; it was in the office sitting on a desk. For clarification, Commissioner Matsunaga questioned that one of the employees received it, but did not tell Mr. Lee about it to which Mr. Lee replied affirmatively. Mr. Lee further explained that he had been waiting for a correspondence from the Department, but the Decision and Order was sitting on a desk in another office. He stated he contacted the Liquor Commission asking for the Order as he was still waiting for it. Because they were having a busy month, he forgot about it. Commissioner Matsunaga asked whether Regina Pavao, the employee who received the Order, was still employed there to which Mr. Lee replied yes. Commissioner Oda asked for clarification that once the call was received Ms. Akita moved that a fine of $300 be imposed. that payment was late, it was immediately taken care of to which Mr. Lee Ms. Iida seconded the motion. Motion carried replied yes. 6:0. Commissioner Matsunaga asked that the licensee be informed of the fine's due date. Director Rapozo stated it is due 30 days from the date the Decision and Order is issued, and as a courtesy, the Department will email a copy of whatever is delivered to the licensed premises. Commissioner Akita suggested the licensee inform their managers of the procedures. Minutes of the Minutes of the Meeting of f May 7, 2015 Mr. Oda moved to approve the minutes. Ms. Meeting Sokei seconded the motion. Motion carried 6:0. 1. DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS Kauai Liquor Control Commission Open Session May 21, 2015 Page 3 (b) INCOMING COMMUNICATIONS: (1) From Sweepstakes Consulting (2) From Delicato Family Vineyards (3) From Avid Marketing Group (4) From Remy Cointreau USA, (5) From Belles Graham Proudfoot Wilson & Chun, LLP (6) From MFM, Inc (7) From Po`ipu Beach Restaurant LLC (8) From Duke's Canoe Club LLC (9) From Safeway, In (10) Disturbance Reports from Kauai Marriott, Big Wave Dave's, and Trees Lounge (c) OUTGOING COMMUNICATIONS: (1) To Delicato Family Vineyards (2) To Avid Marketing Group (3) Notice of Hearing to Po`ipu Bay Clubhouse (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See Attachment. (e) ACTIONS OF THE DIRECTOR: (1) KILOHANA (2) MAKAI GOLF CLUB AT THE ST, REGIS PRINCEVILLE RESORT (3) MARIACHI'S (4) PAPAYA'S NATURAL FOODS & CAFE (5) ST. REGIS PRINCEVILLE HOTEL (6) TORTILLA REPUBLIC (7) TAHITI NUI (8) KAUAI HUMANE SOCIETY (9) ALOHA SCHOOL EARLY LEARNING CENTER Kauai Liquor Control Commission Open Session May 21, 2015 Page 4 (10) KILOHANA (11) KILOHANA (12) ST. REGIS PRINCEVILLE RESORT (13) ST. REGIS PRINCEVILLE HOTEL Mr. Matsunaga moved to receive Items 1 (a) (f) INFORMATIONAL MATTERS through (f). Ms. Sokei seconded the motion. Motion carried 6:0. 2. EXEMPTION OF RULE 7.12(b): (a) KAUAI BEACH RESORT: Kapa`a High School overnight event in the Jasmine Ballroom, from May 29, 2015 at 10:00 p.m. to 6:00 a.m. May 30, 2015. (b) GRAND HYATT RESORT AND SPA: Waimea High School overnight event in the Grand Ballroom and Kuhi`6's from May 29, 2015 10:00 p.m. to 6:00 a.m. May 30, 2015 (c) KAUAI MARRIOTT RESORT: Kauai High School overnight event in the Kauai Ballroom from May 29, 2015 10:00 p.m. to 6:00 a.m. May 30, 2015, Director Rapozo stated these requests are to enable the establishments to Ms. Iida moved to approve the exemptions. Mr. host the Project Graduation event for the three public high schools. Oda seconded the motion. Motion carried 6:0. 3. CHANGE IN CORPORATE OFFICERS: (a) COSTCO WHOLESALE: Resignation of Directors William H. Gates, and Benjamin S. Carson (b) ESSEX HOUSE CONDONIMIUM CORPORATION dba KAUAI MARRIOTT RESORT: Addition of Margery Ann Breneman as Vice Ms. Iida moved to approve the changes in President (also continuing as Assistant Secretary) corporate officers. Ms. Sokei seconded the motion. Motion carried 6:0. Adjournment Chair Endo adjourned the meeting at 4:09 p.m. Kauai Liquor Control Commission Open Session May 21, 2015 Submitted by: Cherisse Zaima, Private Secretary (x) Approved as is. ( ) Approved with amendments. See minutes of Page 5 Reviewed and Approved by: meeting. Paul Endo, Chair