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HomeMy WebLinkAbout2020_0220 Liquor Commission Meeting MM1AS1 Approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved with amendments. See 5/21/2020 minutes. Board/Commission LIQUOR CONTROL COMMISSION Meeting Date February 20, 2020 Location Mo‘ikeha Building, Liquor Control Conference Room 3 Start of Meeting: 4:01 p.m. End of Meeting: 4:40 p.m. Present Chair Shirley Akita; Vice-Chair Mary Ann Kusaka; Members: Jean Iida, William Gibson, Gerald Matsunaga, Gary Pacheco, Randall Nishimura Also: Liquor Control Staff: Director Gerald Rapozo, Liquor Clerical Assistant Malia TM Kelekoma; Deputy County Attorney Todd Jenson Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Akita called the meeting to order at 4:01 p.m. with 7 members present, constituting a quorum. Roll Call Director Rapozo called roll, noting 7 members were present. Approval of Agenda Mrs. Kusaka moved to approve the agenda. Mr. Pacheco seconded the motion. Motion carried 7:0. Approval of Minutes a) Open Session minutes of January 2, 2020 b) Open Session minutes of January 16, 2020 c) Open Session minutes of February 6, 2020 Director Rapozo noted correction in the Open Session minutes for February 6, 2020 to add Randall Nishimura as present. Mr. Pacheco moved to approve Open Session minutes for January 2, 2020, January 16, 2020 and February 6, 2020 with corrections to add Liquor Control Commission Open Session February 20, 2020 Page 2 Randall Nishimura as present. Mr. Matsunaga seconded the motion. Motion carried 7:0. 1. DIRECTOR’S REPORTS: a) INVESTIGATORS’ REPORTS: b) INCOMING COMMUNICATIONS: 1) Disturbance Reports from Hilton Garden Inn Kauai Wailua Bay, and Sheraton Kauai Beach c) OUTGOING COMMUNICATIONS: 1) To All Wholesale Licensees, Re: Transfer of Liquor License Mauka Sushi d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers – See Attachment “A” e) ACTIONS OF THE DIRECTOR: 1) KAUAI BEER COMPANY: Approval of special request for addition of the following games: 5 Second Rule, Apples to Apples, Backgammon, Battleship, Beer Nerd, Brewopoly, Cards Against Humanity, Checkers, Chess, Clue, Connect Four, Corn Hole, Cribbage, Crocodile Dentist, Dutch Blitz, Farkle, Game of Phones, Janga, Mancala, memory, Monopoly, Monopoly Deal, Mumbly Peg, Parcheesi, Phase 10, Pickup Sticks, Racko, Random Board, Card, Dice games, Rock’um Sock’um Robots, Scrabble, Sequence, Sobriety Test, Spot It, Taboo, Trivia Night, Trivial Pursuit, Ulus 2 Ulus, Uno, Wikipedia: The Game About Everything, Yahtzee. 2) SAFEWAY KAPAA: Approval of special request to conduct sampling of 4 varieties of wine, per list, in Liquor Control Commission Open Session February 20, 2020 Page 3 designated tasting area, per diagram submitted, on January 31, 2020 from 3:00 p.m. to 5:00 p.m. 3) BEACH HOUSE RESTAURANT: Approval of special request for temporary increase of premises to include the patio lawn space (30’ x 80’) per diagram submitted, for special event on February 1, 2020 from 4:00 p.m. to 10:00 p.m.; February 3, 2020 from 4:00 p.m. to 7:00 p.m.; February 8, 2020 from 5:30 p.m. to 10:00 p.m.; February 9 & 17, 2020 from 6:00 p.m. to 10:00 p.m.; February 10 & 11, 2020 from 6:30 p.m. to 10:00 p.m.; February 20, 2020 from 10:30 a.m. to 2:30 p.m.; and February 2,12,14,15,20,21,22,28 & 29, 2020 from 4:30 p.m. to 10:00 p.m.; f) INFORMATIONAL MATTERS Mr. Pacheco moved to approve Directors Report for Items 1 (a) through f. Mrs. Kusaka seconded the motion. Motion carried 7:0. 2. CHANGE IN CORPORATE OFFICERS: a) JOHNSON BROTHERS OF HAWAII, INC.: Removal of Robert Johnson as President; Addition of Michael Johnson as President and Treasurer; addition of Todd Johnson as Vice President and Secretary. b) MNS, LTD.: Addition of Mitsunori Blaisdell as Director. Mrs. Kusaka moved to approve the Johnson Brothers of Hawaii, Inc. change in Corporate Officers. Mr. Gibson seconded the motion. Motion carried 7:0. Mr. Pacheco moved to approve MNS, LTD. for changes in Corporate Officers to add Mitsunori Blaisdell as Director. Mr. Gibson seconded the motion. Motion carried 7:0. 3. EXTENSION IN TIME TO EXERCISE LICENSE: BAMBOO GRILL: Request for extension in time for a period of 3 months to exercise Application No. 2019-091, which was approved on September 5, 2019. Commissioner Matsunaga requested, Applicant extend for a period of Mr. Matsunaga moved to approve Bamboo Grill for an extension in time for 6 months to exercise Application No. 2019-091. Mr. Pacheco seconded the motion. Motion carried Liquor Control Commission Open Session February 20, 2020 Page 4 6 months to avoid having to come before the Commission for another extension. 7:0. 4. DISCUSSION AND POSSIBLE DECISION MAKING ON DIRECTOR OF LIQUOR CONTROL JOB DESCRIPTION (Deferred from February 6, 2020 meeting) Ellen Ching, Boards and Commissions Administrator, reported that she submitted a final draft of additions and edits of the Director of Liquor Control job description to the County Attorney’s Office and Human Resources Department, as requested by Commissioner Matsunaga, for a legal opinion. Counsel Jenson requested deferring this item to the next meeting. Regarding the Commission’s power to hire and fire the Director, Counsel Jensen requested more time to give a definitive opinion on the authority of the Commission to hire and fire. Ellen Ching gave a brief overview of the Director of Liquor Control job description that was drafted. She reviewed all Counties within the State of Hawaii and found that the Oahu job description fit best. Ms. Ching worked with the Director of Liquor Control and forwarded the draft to Counsel and the Human Resources Department for review. Commissioner Matsunaga requested that we approve the draft and submit to the Human Resources for final approval. Mrs. Kusaka moved to approve the Job description of the Director of Liquor Control Job Description to be sent to Human Resources Department. Mr. Pacheco seconded the motion. Motion carried 7:0. Liquor Control Commission Open Session February 20, 2020 Page 5 Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Malialani TM Kelekoma, Liquor Clerical Assistant Shirley Akita, Chair ( ) Approved as circulated. (X) Approved with amendments. See minutes of 05/21/2020 meeting. 5. DISCUSSION ON PROPOSED AMENDMENTS TO RULES AND REGULATIONS Director Rapozo, went over the proposed Amendments and Rules (on file) with the Commissioners. The Commissioners requested a few changes to be included: add to make it gender neutral, all managers to keep cards in their possession. Remove requirements for registration in which the Director agreed to. Director Rapozo advised, he is awaiting for the Small Business Regulatory Board and will proceed with the Public Hearing thereafter. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, March 5, 2020 – 4:00 pm, Mo‘ikeha Building, Meeting Room #3. ADJOURNMENT: Chair Akita adjourned meeting @ 4:40 pm