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HomeMy WebLinkAbout2016_0818 Liquor APPROVEDCOUNTY OF KAUAI Minutes of Meeting Open Session Board/Committee: LIQUOR CONTROL COMMISSION Meeting Date August 18, 2016 Location Mo`ikeha Building, Meeting Room #3 Start of Meeting: 4:01 p.m. End of Meeting: 5:30 p.m. Present Chair Gerald Matsunaga; Vice Chair Shirley Akita; Members: Paul Endo, William Gibson, Jean Iida, Dane Oda, Gary Pacheco Also: Liquor Control Staff: Director Gerald Rapozo, Private Secretary Cherisse Zaima; Deputy County Attorney Nicholas Courson Excused Absent quorum, SUBJECT DISCUSSION ACTION Call To Order Chair Matsunaga called the meeting to order at 4:01 p.m. with 7 members present, constituting a quorum, Roll Call Investigator Moises called roll, noting 7 members were present. Approval of the Ms. Iida moved to approve the agenda. Mr. Agenda Endo seconded the motion. Motion carried 7:0. Approval of the MINUTES OF THE MEETINGS OF AUGUST 4. 2016 Mr. Gibson moved to approve the minutes. Ms. Minutes Iida seconded the motion. Motion carried 7:0. 1. DIRECTOR'S REPORT: a) INVESTIGATORS' REPORTS b) INCOMING COMMUNICATIONS: (1) From Jackson Family Enterprises (2) Disturbance Report from Rob's Good Times Grill Kauai Liquor Control Commission Open Session August 18, 2016 Page 2 c) OUTGOING COMMUNICATIONS: (1) To All Wholesale Licensees, Re: Renewal of Liquor License JC's Flowers & Mini Mart. (2) To Waimea Plantation Cottages, Re: Approval of request for transfer of liquor inventory. d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See Attachment e) ACTIONS OF THE DIRECTOR: (1) HANAI (2) LIVING FOODS (3) MERRIMAN' S (4) TORTILLA REPUBLIC THE UPSTAIRS /TR CANTINA & MARGARITA BAR (5) THE WINE SHOP (6) PRINCESS CRUISE LINES, LTD. Ms. Iida moved to receive Items 1(a) through (f). f) INFORMATIONAL MATTERS: Mr. Pacheco seconded the motion. Motion carried 7:0. 2. VIOLATION REPORTS: a) HANAI: Violation of Rule 4.7 Gross liquor sales report, percentage fee, and records. b) HEALTHY HUT MARKET & CAFE: Violation of Rule 4.7 Gross liquor sales report, percentage fee, and records. c) KALAPAKI JOE'S: Violation of Rule 4.7 Gross liquor sales report, percentage fee, and records. d) KALAPAKI JOE'S POIPU: Violation of Rule 4.7 Gross liquor sales report, percentage fee, and records. Kauai Liquor Control Commission Open Session August 18, 2016 Pate 3 e) POIPU BEACH ATHLETIC CLUB: Violation of Rule 4.7 Gross liquor sales report, percentage fee, and records. f) SHERATON KAUAI RESORT (OCEAN): Violation of rule 4.7 Gross liquor sales report, percentage fee, and records. g) SHERATON KAUAI RESORT (GARDEN): Violation of Rule 4.7 Gross liquor sales report, percentage fee, and records. h) SHERATON KAUAI RESORT LINK CAFE: Violation of Rule 4.7 Gross liquor sales report, percentage fee, and records. i) TAHITI NUI: Violation of Rule 4.7 Gross liquor sales, percentage fee, and records. J) BAR ACUDA: Violation of Rule 7.9 Manager Registration. k) DUKE'S CANOE CLUB: Violation of Rule 7.9 Manager Registration. 1) 7- ELEVEN STORES (LIHUE): Violation of Rule 10.3 Manager Registration. m) 7- ELEVEN STORES (HANAMAULU): Violation of Rule 10.3 Manager Registration. n) HANAI: Violation of Rule 10.3 Manager Registration. o) LAWAI GENERAL STORE: Violation of Rule 10.3 Manager Registration. p) SAFEWAY KAPAA: Violation of Rule 10.3 Manager Registration. Mr. Endo moved to call the licensees for a q) SAFEWAY LIHUE: Violation of Rule 10.3 Manager Registration. violation hearing. Ms. Iida seconded the motion. Motion carried 7:0. 3. CHANGE IN CORPORATE OFFICERS: a) THE CLUB AT KUKUIULA: Ms. Iida moved to approve the change in b) KAUAI BLUE, INC.: corporate officers. Mr. Pacheco seconded the motion. Motion carried 7:01 Kauai Liquor Control Commission Open Session August 18, 2016 Pate 4 4. TRANSFER OF 25% OR MORE OF OUTSTANDING CAPITAL STOCK: Ms. Iida moved to accept the transfer of stock for a) KAUAI BLUE INC. Kauai Blue, Inc. Mr. Pacheco seconded the b) FOH HOSPITALITY LLC motion. Motion carried 7:0. Ms. Iida moved to accept the transfer of stock for FOH Hospitality LLC. Mr. Oda seconded the motion. Motion carried 7:0. 5. NEW LIQUOR LICENSE: KLUB AT KIAHUNA: Application No. 2017 -021 was filed on August 8, 2016 by Brooke Jacobsmeyer dba Klub at Kiahuna for a Restaurant General Mr. Endo moved for publication and public (live music with dancing) license located at 2545 Kiahuna Plantation Drive, Koloa, Kauai, Hawaii. Deposited $450. hearing of Application No. 2017 -021. Ms. Iida seconded the motion. Motion carried 7:0 6. TEMPORARY LIQUOR LICENSE: KLUB AT KIAHUNA: Application No. 2017 -022 was filed on August 8, 2016 by Brooke Jacobsmeyer dba Klub at Kiahuna to operate Restaurant Mr. Endo moved to approve Application No. General License No. 2G -036 located at 2545 Kiahuna Plantation Drive, 2017 -022 for a temporary license. Ms. Iida K61oa, Kauai, Hawaii. Deposited $60. seconded the motion. Motion carried 7:0. 7. ANNUAL JOB PERFORMANCE REVIEW OF THE DIRECTOR Commissioner Pacheco asked for clarification on the scoring system of the evaluation. At the request of the Commission, Human Resources Manager Jill Niitani was present. Ms. Niitani explained the way the scoring system works, and how the application should be completed. Kauai Liquor Control Commission Open Session August 18, 2016 Patc 5 The Commission asked whether the due date of August 31 for the evaluation was based on the Director's employment anniversary date, to which Ms. Niitani replied yes. Staff noted that in the past, evaluations were due by the end of the year — December; however, the County's Human Resources Department has been making adjustments to the evaluation process. After some discussion, the Commission decided to interview individual employees of the Liquor Department for the purpose of completing the The meeting recessed at 4:41 p.m. evaluation. Executive Pursuant to Hawaii Revised Statutes Sections 92- 5(a)(2 and 4), the purpose Session of this executive session is to discuss matters pertaining to the evaluation of the Liquor Control Director. This session pertains to the Liquor Control Director's evaluation where consideration of matters affecting privacy will be involved. Further, to consult with legal counsel regarding powers, duties, privileges, and/or liabilities of the Liquor Control Commission as it relates to the evaluation of the Liquor Control Director. Ms. Akita moved to enter into executive session. Annual job performance review of the Director Mr. Endo seconded the motion. Motion carried 7:0. Mr. Pacheco left the meeting at 4:42 p.m. Return to Open Ratify Commission actions taken in Executive Session relating to the The meeting reconvened in open session at 5:29 Session Annual job performance review of the Director p.m. Mr. Oda moved to ratify actions taken in Executive Session. Mr. Gibson seconded the motion. Motion carried 6:0. Announcements Next Scheduled Meeting: Thursday, September 1, 2016 — 4:00 pm, Mo`ikeha Building, Meeting Room #3. Kauai Liquor Control Commission Open Session August 18, 2016 Pa(rp 6 Adjournment Chair Matsunaga adjourned the meeting at 5:30 p.m. Submitted by: Cherisse Zaima, Private Secretary Reviewed and Approved by: Gerald Matsunaga, Chair