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HomeMy WebLinkAbout2019_1003 Liquor Open Session Approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 12/19/19 Board/Commission LIQUOR CONTROL COMMISSION Meeting Date October 3, 2019 Location Mo‘ikeha Building, Liquor Control Conference Room 3 Start of Meeting: 4:00 p.m. End of Meeting: 4:34 p.m. Present Chair Paul Endo; Vice-Chair Shirley Akita; Members: Mary Ann Kusaka, Gary Pacheco Also: Liquor Control Staff: Liquor Control Director Gerald Rapozo, Boards and Commissions Staff: Administrator Ellen Ching, Administrative Specialist Anela Segreti; Deputy County Attorney Todd Jenson Excused Jean Iida, William Gibson, Gerald Matsunaga Absent SUBJECT DISCUSSION ACTION Call To Order Chair Endo called the meeting to order at 4:00 p.m. with 4 members present, constituting a quorum. Roll Call Director Rapozo called roll, noting 4 members were present, 3 excused. Approval of Agenda Ms. Akita moved to approve the agenda. Mr. Pacheco seconded the motion. Motion carried 4:0. 1. Public Hearings LAWAI MARKET: Application No. 2019-078 was filed on April 3, 2019 by Lawai Valley Market LLC dba Lawai Market for a New Retail Dealer General license located at 3575 Lauoho Road, Lawai, Kauai, Hawaii. The Commission accepted Application No. 2019-078 for publication and public hearing on April 18, 2019 and ordered to print notices of public hearing in The Garden Island on Wednesdays, August 14 & 21, 2019, scheduling the public hearing on October 3, 2019 at 4:00 p.m. or shortly thereafter in Meeting Room #3 of the Līhu‘e Civic Center, Mo'ikeha Building, 4444 Rice Street, Līhu‘e, Kauai, Hawaii. All legal requirements for today’s public hearing has been met. Notices were sent to 229 property owners or leases of record. Liquor Control Commission Open Session October 3, 2019 Page 2 Up until the time of the public hearing, the department has not received any letters of support there was 1 opposition letter to the application by Roger and Val Rynda. Ethan Pane, Owner, was present to represent his application. Chair Endo asked for comments on the investigator’s report. There was no comments on the investigator’s report. Chair Endo asked if there was anyone who wished to object to the application. 1 Letter from Roger and Val Rynda. Chair Endo asked if there was anyone who wished to speak on behalf of the application. Mr. Pane commented on concerns that were asked by the commissioners. He will be taking extra pro caution as a preventative measure. The public hearing for Application No. 2019-078 was closed. Mr. Pacheco moved to approve Application No. 2019-078 filed on April 3, 2019 by Ethan Pane located at 3575 Lauoho Rd., Lawai, Kauai,Hawaii. Mrs. Kusaka seconded the motion. Motion carried 4:0 2. VIOLATION HEARING: OPAKAPAKA GRILL AND BAR: Violation of Rule 7.13 Fights and disturbance reports. . Per Rule 3.11 the licensee has waived their right to a Violation Hearing and has paid $150.00 fine. Liquor Control Commission Open Session October 3, 2019 Page 3 3. DIRECTOR’S REPORTS: a) INVESTIGATORS’ REPORTS: b) INCOMING COMMUNICATIONS: 1) Disturbance Reports from Opakapaka Grill & Bar, and Kauai Island Brewing Co. 2) From Merchant Horowitz & Tilley Re: Kauai Blue, Inc. 3) From Merchant Horowitz & Tilley Re: FOH Hospitality, LLC. e: c) OUTGOING COMMUNICATIONS: 1) To all Wholesale Licensees; Re: change of firm names for Kilauea market + Café and reclassifications of liquor licenses for Kilauea Market + Café & PV Eats; New Liquor License Kenji Burger. d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers – See Attachment “A” e) ACTIONS OF THE DIRECTOR: 1) BEACH HOUSE RESTAURANT: Approval of request for temporary increase of premises to include the patio lawn space, per diagram submitted on October 1, 4, 10, 11, 18, 20, 22, 23, & 27, 2019. 2) MERRIMAN’S KAUAI: Approval of special request for temporary increase of premises to include the Palm Court on September 19, 2019 from 5:00 p.m. to 8:00 p.m. 3) POIPU BEACH ATHLETIC CLUB: Approval of special request for temporary decrease of premises to include the lower grass area, per diagram submitted on October 12, 2019 from 1:30 p.m. to 7:00 p.m. 4) WESTIN PRINCEVILLE OCEAN RESORT VILLAS: Approval of special request for temporary decrease of premises, per diagram submitted on September 21, 2019 from 5:30 p.m. to 9:30 p.m. 5) KAUAI LIFEGUARD ASSOCIATION: Approval of Application No. Free 2020-025 filed on September 10, 2019 by Kauai Lifeguard Association for a Free One-Day Special Retail Dealer General license on September 21, 2019 at Westin Princeville Ocean Resort Villas, 3838 Wylie Road, Princeville, Kauai, Hawaii. Liquor Control Commission Open Session October 3, 2019 Page 4 6) WOMEN IN THEATRE: Approval of Application No’s. Free 2020-026 thru 37 filed on September 17, 2019 by Women in Theatre for Free One-Day Dispenser Beer & Wine licenses on October 10, 11, 12, 13, 14, 18, 19, 20, 24, 25, 26 & 27, 2019 at Kukui Grove Shopping Center, Space D-10, 3-2600 Kaumualii Highway, Lihue, Kauai, Hawaii. 7) HUI ALU, INC.: Approval of Application No. Free 2020-038 filed on September 17, 2019 by Hui Alu, Inc. for a Free One-Day Special Dispenser General license on September 21, 2019 at the Waimea Theatre, 9691 Kaumualii Highway, Waimea, Kauai, Hawaii. 8) KAUAI HABITAT FOR HUMANITY, INC.: Approval of Application No. Free 2020-039 filed on September 17, 2019 by Kauai Habitat for Humanity, Inc. for a Free One-Day Special Dispenser Beer & Wine license on October 12, 2019 at Poipu Beach Athletic Club, 2290 Poipu Road, Koloa, Kauai, Hawaii. 9) PRINCESS CRUISE LINES: Approval of App. No. 2020-019 for Ruby Princess on September 30, 2019; App. Nos. 2020-021, 2020-027, 2020-029, 2020-031, and 2020032 for Star Princess on October 14, 2019, November 11, 2019, November 26, 2019, December 11, 2019, and December 25, 2019; App. Nos. 2020-026, 2020-028, and 2020-029 for Grand Princess on November 10, 2019, November 25, 2019, and December 9, 2019 for Transient Vessel licenses for the above-mentioned cruise vessels, which will be arriving at Nāwiliwili Harbor on the above-mentioned dates at 8:00 a.m. to depart at 5:00 p.m. 10) NCL BAHAMAS, LTD.: Approval of App. Nos. 2020-022 through 2020- 025, and 2020-033 through 2020-038 for Norwegian Jewel on October 30, 2019, October 31, 2019, November 4, 2019, November 5, 2019, April 1, 2020, April 5, 2020, April 6, 2020, April 27, 2020, April 28, 2020, and May 4, 2020 for Transient Vessel licenses for the above-mentioned cruise vessels, which will be arriving at Nāwiliwili Harbor on the above-mentioned dates at 8:00 a.m. to depart at 5:00 p.m. Mrs. Kusaka moved to accept Items 3(a) through f. Mr. Pacheco seconded the motion. Motion carried 4:0. 4. CHANGE IN CORPORATE OFFICERS: a) THE LODGE AT KOKEE LLC: Deletion of George Christensen as Director, Max Pinkston as Director, Christine Faye as Director, James Beaver as Director and Laurel Loo as Director. Addition of Robert James Mr. Pacheco moved to approve change of Corporate Offices for The Lodge at Kokee. Ms. Akita seconded the motion. Motion carried 4:0 Liquor Control Commission Open Session October 3, 2019 Page 5 Ballantine Jr., Director & Chair; Fanny Rose Ballantine-Himberg, Director & Vice-Chair; Diane M. Sumida, Director; Arti Michelle Clark, Director; Marie Catherine Mori, Director & Treasurer; Anne Sueko Coyle, Director & Secretary; Clint Steven Snyder, Director. b) NAWILIWILI TAVERN: Removal of Jessica Geffert as member. Mr. Pacheco moved to approve removal of member Jessica Geffert for Nawiliwili Tavern. Mrs. Kusaka seconded the motion. Motion carried 4:0 5. CHANGE IN FIRM NAME: DHC FOOD & BEVERAGE CORPORATION: Change of firm name on Hotel license No. 12G-006 from “Courtyard by Marriott Kauai at Coconut Beach” to “Sheraton Kauai Coconut Beach Resort”. Mrs. Kusaka moved to approve change of name from Courtyard by Marriott to Sheraton Kauai Beach Resort. Mr. Pacheco seconded the motion. Motion carried 4:0 6. CONVERSION FROM LLC TO INCORPORATION: SUGAHARA RANCH LLC: Conversion from a Limited Liability Corporation to an Incorporation from Sugahara Ranch LLC dba The Dolphin Fish Market & Sushi Lounge to Sugahara Ranch. Inc. Mr. Pacheco moved to approve Conversion from Limited Liability Corporation to an Incorporation from Sugahara Ranch LLC to dba The Dolphin Fish Market & Sushi Lounge to Sugahara Ranch, INC. VIOLATION REPORT: a) TAHITI NUI: Violation of Rule 7.13 Fight and Disturbance Reports. b) PIZZETTA: Violation of Rule 4.7(a)(1) Gross liquor sales report, percentage fee, and records. Ms. Akita moved that Tahiti Nui be brought in for a violation hearing. Mr. Pacheco seconded. Motion carried 4:0 Ms. Akita moved that Pizzetta be brought in for a violation hearing. Mr. Pacheco seconded. Motion carried 4:0 EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes 92-5(a)(4), the purpose of this executive session is to consult with the board’s attorney on questions and issues pertaining to the board’s powers duties, privileges, immunities, and liabilities. Ms. Akita moved to enter into Executive Session. Mr. Pacheco seconded the motion. Motion carried 4:0. Liquor Control Commission Open Session October 3, 2019 Page 6 Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Malialani Marrotte, Liquor Commission Assistant Paul Endo, Chair (X) Approved as circulated. ( ) Approved with amendments. See minutes of ___________ meeting. STIPULATION REGARDING 7-11 HAWAII, INC. VIOLATIONS: Briefing on proposed stipulations regarding pending violations. 9. ANNUAL EVALUATION OF DIRECTOR: Ms. Akita moved to Defer Annual Evaluation of Director to October 17, 2019. Mr. Pacheco seconded the motion. Motion carried 4:0. Announcements Next Scheduled Meeting: Thursday, October 17, 2019 – 4:00 pm, Mo‘ikeha Building, Meeting Room #3. Adjournment Mr. Pacheco moved to adjourn the meeting. Mrs. Kusaka seconded. Motion carried 4:0. Chair Endo adjourned the meeting at 4:34 p.m.