HomeMy WebLinkAbout2016_0804 Liquor APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
Open Session
Board /Committee:
LIQUOR CONTROL
COMMISSION
Meeting Date
August 4, 2016
Location
Mo`ikeha Building, Meeting Room #3
Start of Meeting: 4:02 p.m.
End of Meeting: 4:33 p.m.
Present
Chair Pro Tem Gary Pacheco; Members:
Also: Liquor Control Staff: Investigator
Courson
Paul Endo, William Gibson, Jean Iida, Dane Oda
Lorenzo Moises, Private Secretary Cherisse Zaima; Deputy County Attorney Nicholas
Excused
Gerald Matsunaga, Shirley Akita
Approval of the
Absent
Mr. Endo moved to approve the agenda. Mr.
Agenda
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Pro Tern Pacheco called the meeting to
order at 4:02 p.m. with 5 members present,
constituting a quorum.
Roll Call
Investigator Moises called roll, noting 5 members were present.
Approval of the
Mr. Endo moved to approve the agenda. Mr.
Agenda
Gibson seconded the motion. Motion carried
5:0.
Public Hearing
HOKULEI CHEVRON: Application No. 2016 -124 was filed on May 23,
2016 by Lahaina Petroleum, LLC dba Hokulei Chevron for a Retail Dealer
General license located at 4454 Nuhou Street #701, Li-hu`e, Kauai, Hawaii.
Mr. Descoe Chentnik, Manager of Operations was present along with
Mr. Endo moved to approve Application No.
attorney Laurel Loo, counsel.
2016 -124. Ms. Iida seconded the motion.
Motion carried 5:0.
Violation
PORT ALLEN SUNSET GRILL & BAR: Violation of Rule 7.8(a)
Hearing
Manager on duty, Qualifications.
Mr. Peng Leng Tay, owner, was present, no counsel. Mr. Tay pleaded no
contest.
Kauai Liquor Control Commission
Open Session
August 4, 2016
Page 2
Mr. Tay explained that he had scheduled a blue card holder to work on that
day, but apparently, that employee did not show up. Because Mr. Tay was
on vacation at the time, he was unable to address the situation directly. He
noted that an hour later, an employee that held a blue card did show up to
work.
Chair Pro Tem Pacheco asked if the licensee was aware of Rule 7.8, and
what it requires, to which Mr. Tay replied yes, and once again stated he had
been on vacation.
Commissioner Gibson asked how the licensee is working to resolve any
issues when he goes on vacation to which Mr. Tay replied he now has more
blue card holders on staff.
Commissioner Oda asked if the blue card holder that did not show up for
work was informed of the violation, and whether or not he was still
employed there. Mr. Tay replied the employee no longer works there.
Several Commissioners questioned if the employee holding the blue card
did not show up, who opened up the restaurant. Mr. Tay explained that the
cook opened up, and though he does have a blue card, the card is expired.
Commissioner Endo asked whether the cook has renewed his blue card to
which Mr. Tay replied he has informed the cook that he needs to take the
test again.
Mr. Tay stated that it is difficult for his employees to obtain a blue card
because the test is only held on Wednesdays in the afternoon, and
sometimes they cannot make it. He further stated that when they do take the
test, they often don't pass and have to make time to go back, and sometimes
there are too many people and the room is full. He suggested the
department allow people to make appointments on any day, and that the
exams and cards be issued at any time, like the department of motor
vehicles does for driver's licenses.
Kauai Liquor Control Commission
Open Session
August 4, 2016
Page 3
Director Rapozo explained that the blue cards are actually intended for
managers — defined as someone in active charge of the premises.
Frequently, licensees are sending people who do not fit the definition of a
manager, such as servers, cooks, bussers, etc. to obtain blue cards just to
ensure someone with a blue card is present in the premises. In one case, an
incident occurred at a hotel, and the blue card holder on the premises was a
security staff member who was not present or in active charge of the
restaurant /bar where liquor was being served. When he was questioned
about the occurrence, he was unable to provide any information as he stated
he was not in the area at the time. Because so many employees, even those
who are not managers, are being sent to obtained their blue cards, the
department sometimes has large groups of people coming in for their blue
cards. In the instances where this has occurred, the department has made
accommodations to address that, sometimes offering additional exam times.
Deputy County Attorney Courson reminded the Commission of the item
they are currently discussing, noting that the subject of the process to obtain
blue cards is not relevant to the violation hearing.
Commissioner Oda asked that a memo be sent out to all licensees to explain
Mr. Endo moved that a fine of $500 be imposed.
the intent of the blue cards.
Ms. Iida seconded the motion. Motion carried
5:0.
Approval of the
MINUTES OF THE MEETINGS OF JULY 21, 2016
Minutes
Ms. Iida moved to approve the minutes of the
meeting. Mr. Gibson seconded the motion.
Motion carried 5:0.
1.
DIRECTOR'S REPORT:
a) INVESTIGATORS' REPORTS
b) INCOMING COMMUNICATIONS:
(1) From Sweepstakes Consulting LLC, Re: Estancia Wines
#ArtofEntertaining sweepstakes, and Clos du Bois Joie de Vivre
sweepstakes
Kauai Liquor Control Commission
Open Session
August 4, 2016
Page 4
(2) From Avid Marketing Group, Re: Proximo Spirits coupon offers,
and Tecate coupon offers
(3) Disturbance Reports from Kauai Beach Resort, and Trees Lounge
c) OUTGOING COMMUNICATIONS:
(1) To Avid Marketing Group, Re: Proximo Spirits coupon offers, and
Tecate coupon offers
d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See Attachment
e) ACTIONS OF THE DIRECTOR:
(1) MAKAI GOLF CLUB AT THE ST. REGIS PRINCEVILLE
RESORT
(2) SHERATON KAUAI RESORT
(3) WESTIN PRINCEVILLE OCEAN RESORT VILLAS
(4) KILOHANA
(5) KAUAI CHAMBER OF COMMERCE
(6) KAUAI NORTH SHORE COMMUNITY FOUNDATION
(7) KAUAI ANIMAL WELFARE SOCIETY
(8) THE KAUAI MARATHON
f) INFORMATIONAL MATTERS:
Ms. lida moved to receive Items 1(a) through (f).
Mr. Oda seconded the motion. Motion carried
5:0.
2.
ANNUAL JOB PERFORMANCE REVIEW OF THE DIRECTOR
Briefing by Boards and Commissions Administrator on Annual Evaluation
Policies and Procedures
Kauai Liquor Control Commission
Open Session
August 4, 2016
Pate 5
Submitted by:
Cherisse Zaima, Private Secretary
Reviewed and Approved by:
Gary Pacheco, Chair Pro Tern
Boards and Commissions Administrator Jay Furfaro provided an
explanation of the Department Head evaluation process, and distributed
samples of the evaluation forms to be used.
3.
TRANSFER OF LIQUOR INVENTORY:
WAIMEA PLANTATION COTTAGES: Request to transfer remaining
Ms. Iida moved to approve the transfer of liquor
liquor inventory, per list, to the Board of Directors of Kikiaola Land
inventory. Mr. Oda seconded the motion.
Company for personal consumption.
Motion carried 5:0.
4.
CHANGE IN CORPORATE OFFICERS:
SOUTHERN GLAZER'S WINE AND SPIRITS, LLC: Addition of SWS
Holdings, Inc., and Glazer's, Inc. as members; Addition of Bennett Joe
Glazer, Michael Scott Glazer, Barkley Jerrel Stuart, and Betty Ilene
Mr. Gibson moved to accept the change in
Silverman as Managers.
corporate officers. Ms. Iida seconded the motion.
Motion carried 5:0.
Announcements
Next Scheduled Meeting: Thursday, August 18, 2016 — 4:00 pm, Mo`ikeha
Building, Meeting Room #3.
Adjournment
Chair Pro Tem Pacheco adjourned the meeting
at 4:33 p.m.
Submitted by:
Cherisse Zaima, Private Secretary
Reviewed and Approved by:
Gary Pacheco, Chair Pro Tern