HomeMy WebLinkAbout2015_0820 Liquor APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
Open Session
Board /Committee:
I LIQUOR CONTROL COMMISSION
Meeting Date
I August 20, 2015
Location
Mo`ikeha Building, Meeting Room #3
Start of Meeting: 4:00 p.m.
End of Meeting: 4:19 p.m.
Present
Chair Pro Tem Jean Iida; Members: Shirley Akita, Gerald Matsunaga, Dane Oda, Pauline Ventura
Also: Liquor Control Staff: Director Gerald Rapozo, Private Secretary Cherisse Zaima; Deputy County Attorney Nicholas Courson
Excused
Josephine Sokei
Absent
Director Rapozo called roll, noting 5 members were present.
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Pro Tern Iida called the meeting to order
at 4:00 p.m. with 5 members present,
constituting a quorum.
Roll Call
Director Rapozo called roll, noting 5 members were present.
Approval of the
Mr. Matsunaga moved to approve the agenda.
Agenda
Mr. Oda seconded the motion. Motion carried
5:0.
Violation
PUTTER'S PUB AT KAUAI LAGOONS: Violation of Rule 7.8(a)
Hearing
Manager on Duty, Qualifications.
Mr. John Borales, a member of the LLC, was present along with Mr.
Sherman Shiraishi (counsel). Charges admitted.
Mr. Shiraishi explained the restaurant has been in operation for over 18
years, and the prior co -owner of the LLC handled the renewals of the liquor
license, and that co -owner never possessed a blue card. Melanie Borales,
member of the LLC assumed the responsibilities of renewing the liquor
license, and was under the impression that a Blue Card was not necessary
Kauai Liquor Control Commission
Open Session
August 20, 2015
Page 2
for a co- owner. She was also under the impression that the business had
been "grandfathered ". Mrs. Borales did not have a Blue Card at the time the
violation was issued, but she did possess the requisite knowledge and
qualifications necessary to obtain a Blue Card, and did so the very next day.
Mr. Shiraishi stated the licensee admits to the charges, but pointed out that
the fact that the licensee was following the same procedures they had been
using for the past 18 years, and the fact that Mrs. Borales passed the
Managers exam the next day shows mitigating circumstances, and request
the liquor license not be suspended or revoked, and that the penalty be a
minimal amount.
Mr. Matsunaga asked if Mr. Shiraishi was aware that a separate violation for
stacking occurred, but the licensee was only given a warning, to which Mr.
Shiraishi replied yes, he was aware of that. In reference to the stacking
issue, Mr. Shiraishi clarified for the Commission's understanding the
operation of Putter's Pub, and how service is typically provided to the
golfers at their establishment. Mr. Shiraishi shared his interpretation of
what he feels stacking is.
Ms. Akita asked though Mr. Borales has been in business for a number of
years, is Mrs. Borales a new employee to which Mr. Borales replied she has
been part of the business from the beginning.
Ms. Ventura asked whether there had only been one, single owner prior to
the current owners to which Mr. Shiraishi explained the role of the former
co- owner. His understanding is that the former co -owner did not have a
Blue Card, and he was responsible for applying for the renewals.
Ms.
Akita commented that Mr. Borales, having been part
of the
business all
this
time, must
have
known that
if
he did
not
have a
Blue
Card,
other
were required to. Mr. Borales stated that yes, other employees
Kauai Liquor Control Commission
Open Session
August 20, 2015
Pate 3
and bartenders did have Blue Cards. Ms. Akita further stated that Mr.
Shiraishi is making some assumptions that are bothersome to her. Mr.
Shiraishi stated the impression of the owners is that if you are an owner of
the business, you did not need a Blue Card, and that if they possessed a
liquor license prior to the implementation of the Rules and Regulations, they
were "grandfathered" in. Mr. Shiraishi stated the grandfathering provision
was for owners to have Blue Cards.
Director Rapozo pointed out for clarification that when Blue Cards first
took effect in the 1980's, they grandfathered current licensees at the time.
However, the last licensees that fell under that provision were Hanama`ulu
Cafe and Barbeque Inn. Once they ceased operations, there were no more
licenses under the "grandfathered" provision. He also explained that one is
not required to have a Blue Card to renew a liquor license, stating for
example many hotel operations whose renewals are handled by people on
Mr. Matsunaga moved that a fine of $500 be
the mainland. The rule for the Blue Card states that as long as customers
imposed, with $250 suspended for one (1) year
are on premises, a registered Blue Card holder must be present.
provided there are no violations of the same
offense within that year. Ms. Akita seconded the
motion. Motion carried 5:0.
Minutes of the
Minutes of the Meeting of June 25, 2015
Ms. Ventura moved to approve the minutes. Mr.
Meeting
Oda seconded the motion. Motion carried 5:0.
1.
DIRECTOR'S REPORT:
a) INVESTIGATORS' REPORTS
b) INCOMING COMMUNICATIONS:
(1) From Big Save `Ele`ele, Re: Completion of alterations
(2) From Foodland Princeville, Re: Completion of alterations
(3) From Lava Lava Too, LLC, Re: dba name Lava Lava Beach Club
(4) From Kenwood Vineyards, Re: Cancellation of direct shipper permit
effective July 14, 2015
Kauai Liquor Control Commission
Open Session
August 20, 2015
Pate 4
(5) Arrowhead Promotion & Fulfillment, Re: MS 2015 IRC Snack Time
coupon offers
(6) From Delicato Family Vineyards, Re: "Sequin ", "La Merika"
Emerald Nuts, and "Gnarly Head "coupon offers, and Bota Box
"Name the Owl ", and "Go Bota Photo" contest.
(7) From Avid Marketing Group, Re: Cuervo Express 2015 Holiday
Sweepstakes
(8) From Strike & Techel, Re: Boonrawd Brewery Co. — Best Singha
Moment Contest
(9) From Sweepstakes Consulting, LLC, Re: Robert Mondavi Holiday
Party sweepstakes
(10) Disturbance Report from Rob's Good Times Grill, Big Wave
Dave's, Kauai Beach Resort, and Brennecke's Beach Broiler
c) OUTGOING COMMUNICATIONS:
(1) To Delicato Family Vineyards, Re: "Sequin ", and "La Merika"
Emerald Nuts coupon offers
(2) To Avid Marketing Group, Re: Cuervo Express 2015 Holiday
Sweepstakes
(3) To All Wholesale Licensees, Re: Non - Renewal of Liquor Licenses
for Common Ground, Hanama`ulu Cafe, Tavern at Princeville by
Roy Yamaguchi, Koa Trading Company, Hilo Hattie, Kapa`a Liquor
& Wine Co., Kojima's, Inc., Menehune Food Mart Lawa`i, and
Princeville Restaurant & Bar; Pending Renewal of Liquor Licenses
for 9th Island Sports Bar, Joe's on the Green, Pau Hana Grill & Bar,
Art Cafe Hemingway, and Kauai Bowl; Renewal of Liquor License
for Kauai Bowl, Art Cafe Hemingway, Pau Hana Grill & Bar, and
Sukhothai Caf6; Change from Dispenser to Restaurant License for
JJ's Broiler; Renewal of Liquor License for 9th Island Sports Bar &
Grill; Transfer of Liquor License for Garden Island Grille; Renewal
of Liquor License for Joe's on the Green.
(4) Notice of Hearing to Putter's Pub at Kauai Lagoons
Kauai Liquor Control Commission
Open Session
August 20, 2015
Pate 5
(5) To Kauai Sports Bar & Asian Cuisine, Re: Pre -Audit FYI
d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See Attachment.
e) ACTIONS OF THE DIRECTOR:
(1) FOODLAND PRINCEVILLE
(2) JOSSELIN'S TAPAS BAR & GRILL
(3) KILOHANA
(4) LIVING FOODS
(5) MERRIMAN' S
(6) MONICO'S TAQUERIA
(7) NAWILIWILI TAVERN
(8) ROB'S GOOD TIMES GRILL
(9) TORTILLA REPUBLIC
(10) THE WINE SHOP
(11) DESTINATION EVENTS HAWAII LLC
(12) MAGICAL CRUISE COMPANY LTD.
(13) DESTINATION EVENTS HAWAII LLC
(14) PBAC, LLC
(15) NANI MOON MEAD LLC
(16) THE HAND OF HOPE INTERNATIONAL
(17) KAUAI HIGH SCHOOL ALUMNI FOUNDATION
(18) LEADERSHIP KAUAI
(19) YWCA OF KAUAI
f) INFORMATIONAL MATTERS:
Mr. Oda moved to receive Items 1 (a) through (f).
Mr. Matsunaga seconded the motion. Motion
carried 5:0.
Kauai Liquor Control Commission
Open Session
August 20, 2015
Page 6
2.
VIOLATION REPORTS:
POIPU BEACH ATHLETIC CLUB: Violation of HRS Section 281-
Ms. Akita moved to call the licensee for Violation
31(c)(1)(B) Restaurant License
Hearing. Mr. Matsunaga seconded the motion.
Motion carried 5:0.
3.
a) OFF PREMISE WAREHOUSING:
Ms. Akita moved to approve the renewal of
KAUAI BLUE, INC. dba SHERATION KAUAI RESORT
permits. Mr. Matsunaga seconded the motion.
Motion carried 5:0.
4.
CHANGE IN CORPORATE OFFICERS:
a) MNS LTD. dba ABC STORES
Mr. Oda moved to approve the change in
b) LAWAI GENERAL STORE
corporate officers. Ms. Akita seconded the
c) CLOROSHKO LLC
motion. Motion carried 5:0.
5.
CHANGE OF FIRM NAME:
BIRDIE'S CAFE: Change of firm name on Restaurant General License
Ms. Akita moved to approve the request for
No. 2G -073 from "Birdie's Cafe" to "Paco's Tacos Cantina ".
change of firm name. Mr. Oda seconded the
motion. Motion carried 5:0.
6.
SOLICITOR'S PERMIT:
MASAKI MIYAZAWA: Application No. 2016 -25 was filed on
August 3, 2015 by Masaki Miyazawa for a Solicitor's Permit in the
County of Kauai to represent Nishimoto Trading Co., Ltd., a Wholesale
Ms. Akita moved to approve the request for
General licensee in the City & County of Honolulu. Deposited $180
solicitor's permit. Mr. Oda seconded the motion.
Motion carried 5:0.
7.
NEW LIQUOR LICENSE::
a) DESTINATION EVENTS HAWAII LLC: Application No. 2016 -20
was filed on July 27, 2015 by Destination Events Hawaii LLC dba
Kauai Liquor Control Commission
Open Session
August 20, 2015
Page 7
same for a Restaurant General license (live entertainment and dancing)
Ms. Akita moved to accept Application No.
located at 4900 Kuawa Road, Kilauea, Kauai, Hawaii. Deposited
2016 -20 for publication and public hearing. Mr.
$450.
Oda seconded the motion. Motion carried 5:0.
b) PBAC, LLC: Application No. 2016 -22 was filed on July 27, 2015 by
PBAC, LLC dba Po `ipu Beach Athletic Club for a Restaurant General
Ms. Akita moved to accept Application No. 2016 -
License (live music with dancing) located at 2290 Po`ipu Road, K61oa,
22 for publication and public hearing. Mr. Oda
Kauai, Hawaii. Deposited $450.
seconded the motion. Motion carried 5:0.
8.
TRANSFER OF LICENSES:
a) SAM'S ON THE BEACH: Application No. 2016 -24 was filed on
August 5, 2015 for transfer of Restaurant General License No. 2G -074
(live entertainment and dancing) from Coconut Coast Restaurant, LLC
dba Beachwalk Restaurant & Grill to Sam's on the Beach, LLC dba
Ms. Akita moved to accept Application No. 2016 -
Sam's on the Beach located at 4 -1546 Kuhi`6 Highway, Kapa`a, Kauai,
24 for publication and public hearing. Mr. Oda
Hawaii. Deposited $275.
seconded the motion. Motion carried 5:0.
b) WESTIN PRINCEVILLE OCEAN RESORT VILLAS: Application No.
2016 -27 was filed on August 10, 2015 for transfer of Hotel License No.
12G -007 from Western Host, Inc. dba The Westin Princeville Ocean
Resort Villas to FOH Hospitality, LLC dba The Westin Princeville
Ms. Akita moved to accept Application No. 2016 -
Ocean Resort Villas located at 3838 Wylie Road, Princeville, Kauai,
27 for publication and public hearing. Ms.
Hawaii. Deposited. $275
Ventura seconded the motion. Motion carried
5:0.
c) PRINCEVILLE MARKET: Application No. 2016 -28 was filed on
August 10, 2015 for transfer of Retail Dealer General License No. 4G-
061 from Western Host, Inc. dba Princeville Market to FOH Hospitality,
Ms. Akita moved to accept Application No. 2016 -
LLC dba Princeville Market located at 3838 Wylie Road, Princeville,
28 for publication and public hearing. Mr. Oda
Kauai. Hawaii. Deposited $275
seconded the motion. Motion carried 5:0.
Announcements
Next Scheduled Meeting: Thursday, September 3, 2015 — 4:00 pm,
Mo`ikeha Building, Meeting Room #3.
Kauai Liquor Control Commission
Open Session
August 20, 2015
Page 8
Submitted by:
Cherisse Zaima, Private Secretary
O Approved as is.
() Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Paul Endo, Chair
Adjournment
Chair Pro Tern Iida adjourned the meeting at
4:19 p.m.
Submitted by:
Cherisse Zaima, Private Secretary
O Approved as is.
() Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Paul Endo, Chair