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HomeMy WebLinkAbout2015_0625 Liquor APPROVEDCOUNTY OF KAUAI Minutes of Meeting Open Session Approved as circulated ou 07/02/15 Board /Committee: LIQUOR CONTROL COMMISSION Meeting Date I June 25, 2015 Location Mo`ikeha Building, Meeting Room #3 Start of Meeting: 4:00 p.m. End of Meeting: 4:55 p.m. Present Chair Paul Endo; Vice Chair Josephine Sokei; Members: Shirley Akita, Gerald Matsunaga, Dane Oda, Pauline Ventura Also: Liquor Control Staff: Director Gerald Rapozo; Deputy County Attorney Nicholas Courson; Boards and Commissions Administrative Specialist Lani Agoot Excused Jean Iida Absent Director Rapozo called roll, noting 6 members were present. 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. Mr. Agenda Oda seconded the motion. Motion carried 6:0. Minutes of the Minutes of the Meeting of June 4, 2015 Ms. Ventura moved to approve the minutes. Ms. Meeting Akita seconded the motion. Motion carried 6:0. L DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS (b) INCOMING COMMUNICATIONS: (c) OUTGOING COMMUNICATIONS: Kauai Liquor Control Commission Open Session June 25, 2015 PLige 2 (d)EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See Attachment. (e) ACTIONS OF THE DIRECTOR: (f) INFORMATIONAL MATTERS Mr. Oda moved to receive Items 1 (a) through (f). Ms. Iida seconded the motion. Motion carried 6:0. 2. RENEWAL OF LIQUOR LICENSES: See Attachment `B" Ms. Ventura moved to approve the renewal of liquor licenses. Mr. Oda seconded the motion. Motion carried 6:0. 3. RENEWAL OF PERMITS: See Attachment "C" Ms. Ventura moved to approve the renewal of permits. Ms. Sokei seconded the motion. Motion carried 6:0. 4. CHANGE IN CORPORATE OFFICERS: a) NCL AMERICA LLC — PRIDE OF AMERICA b) BLT, INC. dba SALT POND COUNTRY STORE c) JAMES JASPER ENTERPRISES, LTD. d) MAROIS LLC dba GRINDS ESPRESSO e) AOAO HANALEI BAY RESORT Mr. Oda moved to approve the change in f) AGR, INC corporate officers. Mr. Matsunaga seconded the g) PRINCEVILLE HOTEL, LP motion. Motion carried 6:0. 5. RECONSIDERATION JIMMY'S GRIL: Request for reconsideration of decision on Application No. 2012 -108 filed by James T. Jasper II dba Jimmy's Grill Kauai Liquor Control Commission Open Session June 25, 2015 Pate 3 James Jasper was present, and explained that he currently has three pending licenses, and has been in communication with Director Rapozo on these projects. He stated he was not aware that the Commission had voted on the final extension for this particular application as he had to depart from the meeting at that time. Because of the location of the project near the beach, it has taken a lot of time for Mr. Jasper's architect to begin the building process. The most recent delays are due to requirements that have been added to his building permit that include the installation of fire hydrant, which has pushed the project back 7 -8 months. Commissioner Akita asked to clarify that on December 4, 2015, he had only asked for a 6 -month extension to which Mr. Jasper replied yes, noting that was based on Director Rapozo's recommendation. Mr. Jasper explained some of the costs and complexities associated with getting an SMA minor permit through the Planning Department, noting that alone took about a year to get some feedback on, and resulted in having to redesign things. Commissioner Akita pointed out that he had two and a half years to complete, which is why the Commission felt the extension granted would be the last. Mr. Jasper stated he understood, and that he has been working very hard to work with the other departments to get things moving. The last thing he has to work on is getting the fire hydrants installed, and getting the State and County on the same page regarding easements. Chair Endo stated it does not make sense for them to grant another 6 -month extension unless they know what the timeline of the project is. In his opinion, it does not seem like it will be completed in 6- months, so there would be no point in granting a further extension. Mr. Jasper stated, in his opinion, the ball is in the other court, noting that he built his last restaurant Kauai Liquor Control Commission Open Session June 25, 2015 Page 4 in 45 days. The problem in this situation is he just cannot get the building permit finalized; all the other necessary permits have been approved. Commissioner Matsunaga asked how long it will take to get the fire hydrants installed to which Mr. Jasper explained the engineers they want to hire are too busy, but his architect is doing his best to get things going. Chair Endo asked if he can begin building once the fire hydrants are in to which Mr. Jasper replied yes; all they are waiting for is the building permit. Chair Endo stated what the Commission is looking for is a firm timeline that will give them a better idea of how long it will take to get things going. Mr. Jasper stated 6- months seems reasonable. Commissioner Oda asked what happens if the Commission grants another 6- month extension, and during that time he is unable to obtain his building permit. Mr. Jasper replied according to his architect it should be done by the end of July, but he cannot predict any unforeseen things that may come up, and is unsure why the SMA permit process takes so long. Mr. Jasper stated if he does not get his SMA permit within 6- months, he is walking away from this particular project; he will not be requesting any more Ms. Akita moved to approve the reconsideration, extensions beyond this one. and grant an additional 6 -month extension. Ms. Ventura seconded the motion. Motion carried 6:0. 6. EXTENSION IN TIME TO EXERCISE LICENSE: a) KAUAI BAR: Request for extension in time for a period of 1 -year to exercise Application No. 2014 -80 which was approved on April 3, 2014 James Jasper was present, and explained the issue with this particular project is that it is an old building, and he needed to have an electrical engineer re -wire everything. Kauai Liquor Control Commission Open Session June 25, 2015 Pate 5 Commissioner Matsunaga asked if he were given an additional 6- months, would he be able to complete it to which Mr. Jasper replied they are still designing the electrical system, and an application has not been submitted Ms. Akita moved to approve the request for a 1- yet. A year would be a reasonable timeframe. year extension. Mr. Oda seconded the motion. Motion carried 6:0. b) KAUAI CAFE: Request for extension in time for a period of 1 -year to exercise Application No. 2015 -31 which was approved on December 4, 2014 James Jasper was present and explained that this is the old Small Town Coffee location. They are doing a few upgrades, but plan to open for business this Fall; however, he would like to request a 1 -year extension in case any unforeseen things that may come up. Commissioner Matsunaga asked what is left for him to do to which Mr. Jasper replied that kitchen equipment has been ordered and should be Mr. Oda moved to approve the request for a 1- arriving in 4 -6 weeks. year extension with no further extensions. Mr. Matsunaga seconded the motion. Motion carried 5:1 (Nay: Akita). c) STREET BURGER: Request for extension in time for a period of 3- months to exercise Application No. 2015 -32 which was approved on January 8, 2015 Director Rapozo explained they are close to opening, but due to unforeseen Ms. Akita moved to approve the request for a 3- construction issues will not be finished by July 8. month extension. Ms. Ventura seconded the motion. Motion carried 6:0. 7. CHANGE FROM DISPENSER TO RESTAURANT CLASS: JJ'S BROILER, LTD: Application to change Dispenser General License No. 5G -012 Kauai Liquor Control Commission Open Session June 25, 2015 Pate 6 Director Rapozo explained that at the time JJ's Broiler applied for a Liquor License, there was no such thing as a Restaurant class; it was called Dispenser class. In the 80's, when the Restaurant class was created, Dispenser class licensees were given the opportunity to change to Restaurant class. This licensee meets the requirements for a Restaurant class license. Ms. Akita moved to approve the change from a Dispenser class to a Restaurant class license. 8. ANNUAL JOB PERFORMANCE REVIEW OF THE DIRECTOR: Director Rapozo explained that this is not the actual evaluation, but is just a briefing by Jay Furfaro, Administrator of the Office of Boards and Commissions on the evaluation process, and does not require moving into executive session. Mr. Furfaro commented that his understanding is the Commission is fairly current on their Director's review, but suggested the Commission have a discussion with the Human Resources to determine the appropriate timing of the evaluation. He noted the format is being amended a bit. In response to Chair Endo, Director Rapozo stated the last evaluation process started that past December, and was completed this January. Mr. Furfaro further stated that it is up to the Commission on whether or not they want to continue doing the evaluation at the end of the calendar year, which is closer to the budget session, or if they wish to change the evaluation date to what HR is suggesting. Chair Endo asked for clarification that it does not make a difference to HR when they have the evaluations, and if they decide to continue as is, it is okay with them. Mr. Furfaro stated if the Commission wishes to continue to do the evaluations at the beginning of the calendar year, it still meets the criteria of having an evaluation completed before the next budget year. Kauai Liquor Control Commission Open Session June 25, 2015 Page 7 Submitted by: Cherisse Zaima, Private Secretary (x) Approved as is. ( ) Approved with amendments See minutes of Reviewed and Approved by: meeting. Paul Endo, Chair Chair Endo stated he feels if it is working, and it works for budgeting purposes, they can keep it the same way. The Commission agreed to invite HR Director Janine Rapozo to the next meeting to provide more information. In response to Commissioner Akita, Mr. Furfaro explained the current form is still the same, but they are close to introducing a new form. Adjournment Chair Endo adjourned the meeting at 4:55 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