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