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Home My WebLink About2020_0903 Liquor Open Session Approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated. See minutes of 9/17/2020. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date September 3, 2020 Location Tele Conference via Microsoft Teams Audio +1 469-848-0234, Conference ID: 869-992-606 # Start of Meeting: 10:00 a.m. End of Meeting:10:50 a.m. Tele Present Chair Shirley Akita, Members: Dee Crowell, William Gibson, Gerald Matsunaga, Randall Nishimura, Gary Pacheco Also: Liquor Control Staff: Investigator Kenneth Herman , Liquor Clerical Assistant Malialani TM Kelekoma; Boards and Commission Ellen Ching, Deputy County Attorney Todd Jenson Excused Vice Chair Maryanne Kusaka Absent SUBJECT DISCUSSION ACTION Call To Order Chair Akita called meeting to order @ 10:04 a.m. Roll Call Investigator Kenneth Herman called roll, noting 6 members were present, 1 excused Vice Chair Kusaka, constituting a quorum. Approval of Agenda County Attorney Todd Jenson requested that Item 1 b) Executive Session Minutes of June 18, 2020 be moved to Executive Session. Mr. Crowell moved to approve moving Item 1 b) Executive Session Minutes of June 18, 2020 to the Executive Session. Mr. Nishimura seconded the motion. Motion Carried 6:0 Mr. Nishimura moved to approve the agenda as modified. Mr. Pacheco seconded the motion. Motion carried 6:0 Liquor Control Commission Open Session September 3, 2020 Page 2 SUBJECT DISCUSSION ACTION 1. APPROVAL OF MEETING MINUTES: a) Open Session Minutes of June 18, 2020 b) Executive Session Minutes of June 18, 2020 Mr. Nishimura moved to approve meeting minutes for Open Session June 18, 2020 with amendments. Mr. Pacheco seconded the motion. Motion Carried 6:0. 2. VIOLATION HEARINGS (To be held at September 17, 2020 Meeting): a) ALOHA SPIRITS: Violation of HRS 281-78(b)(1)(A) b) SAFEWAY STORES, NO. 2894: Violation of HRS 281-78(b)(1)(A) c) ISLAND COUNTRY MARKETS: Violation of HRS 281-78(b)(1)(A) No action taken. 3. CONTINUANCE OF PUBLIC HEARING (continued from August 20, 2020 meeting): STREET BURGER: Application No. 2021-005 was filed on July 8, 2020 by Double Rainbow Inc. dba Street Burger for a transfer of Restaurant General License No. 2G-028 from Leikademus LLC dba Street Burger to Double Rainbow Inc. dba Street Burger located at 4-369 Kuhio Highway, Kapa’a, Kauai, Hawaii. The Commission accepted Application No. 2020-073 for publication and public hearing on July 16, 2020 and ordered to print notice of public hearing in The Garden Island newspaper on Wednesday, July 22, 2020, scheduling the public hearing on August 20, 2020 at 10:00 a.m.; however, at that meeting the application hearing was postponed or continued until this September 3, 2020 meeting at 10:00 am, or shortly thereafter, via Tele-Conference. Chair Akita asked Mr. Barnes if he received the Notice and if he had any questions. Mr. Barnes replied no. Commissioner Gibson asked Mr. Barnes you applied and then withdrew, and then reapplied. Is that correct in the interim you were given a temporary license and is it still in effect. Mr. Barnes replied, yes to both questions. Liquor Control Commission Open Session September 3, 2020 Page 3 SUBJECT DISCUSSION ACTION Chair Akita closed the Public Hearing. Mr. Matsunaga moved to approved Application No. 2021-005 Double Rainbow Inc. dba as Street Burger for a transfer of Restaurant General License No.2G-028 from Leikademus LLC. Mr. Pacheco seconded the motion. Motion Carried 6:0 4. DIRECTOR’S REPORTS: a) INVESTIGATORS’ REPORTS: b) INFORMATIONAL MATTERS Mr. Nishimura moved to accept the Director’s Reports for 8-20-2020 to 9- 2-2020. Mr. Pacheco seconded the motion. Motion Carried 6:0 5. STATUS REPORT, DISCUSSION AND DECISION MAKING ON THE RECOMMENDATIONS OF THE WORKING GROUP ON THE JOB ADVERTISEMENT AND JOB DESCRIPTION OF THE DIRECTOR OF THE DEPARTMENT OF LIQUOR CONTROL. Ellen Ching Administrator for Boards and Commission stated that a report from the Working Group included the Job Description and Ad for the Director of Liquor Control was given to the Commissioners. Commissioner Matsunaga stated comments were received from Vice Chair Kusaka and incorporated in the Job description. Commissioner Crowell commented that on the Ad for the Director of Liquor Control to add (p) instead of ages (p) ages to 4th paragraph line 4. Motion #1 Mr. Nishimura moved to adopt the recommendation of the format and resume advertisement of the Working Group. Mr. Pacheco seconded the motion. Motion Carried 6:0 Liquor Control Commission Open Session September 3, 2020 Page 4 SUBJECT DISCUSSION ACTION Commissioner Nishimura wanted to thank Vice Chair Kusaka for her input for the Advertisement. Commissioner Nishimura pointed out the changes for the Director of Liquor Control Job Description. 1st Page Job Purpose: Under the general supervision of the Chairperson of the Liquor Control Commission and other commissioners who are appointed by the mayor and confirmed by the County Council, this Position is responsible for the administration of the office if the Department of Liquor Control of the County of Kauai. The Commissions jurisdiction, function and powers are prescribed in Section 281-17, Hawaii Revised Statues and articles XVI of the Kauai County Charter. The verbiage that is underlined will be stricken. 2nd Page added Collaborate with the Mayor and his/her Administration to effectively and enforce the Liquor Laws of the State of Hawaii and the County of Kauai. Commissioner Crowell requested to add his/her. Ms. Ching recommended making three separate motions: 1. Working Group Reports 2. Advertisement 3. Job Description Ms. Ching stated that once the Job Description is approved, the Chair will need to sign off on it. The approval of meeting minutes will be submitted to HR. This will overrides the previous job description. Motion #2 Mr. Nishimura moved to approve the draft of the amended Liquor Control Director Advertisement recommended by the Working Group. Mr. Gibson seconded the motion. Motion Carried 6:0 Motion #3 Mr. Nishimura moved to approve the amended 1st Page The verbiage that is underlined will be stricken 2nd Page added his/her Liquor Control Job Description as recommended by the Working Group. Mr. Crowell seconded the motion. Motion Carried 6:0 Liquor Control Commission Open Session September 3, 2020 Page 5 SUBJECT DISCUSSION ACTION 6. STATUS REPORT AND RECOMMENDATIONS REGARDING THE HIRING OF A NEW DIRECTOR OF LIQUOR FROM THE PERMITTED INTERACTION GROUP (PIG) ON THE SCREENING PROCESS FOR THE APPLICANTS. Ms. Ching recommended that Items 6, 7, and 8 to be deferred. Mr. Nishimura moved to approve deferral of Items 6, 7, and 8. Mr. Pacheco seconded the motion. Motion carried 6:0 7. STATUS REPORT AND RECOMMENDATIONS REGARDING THE HIRING OF A NEW DIRECTOR OF LIQUOR FROM THE PERMITTED INTERACTION GROUP (PIG) ON THE WRITTEN QUESTIONS FOR THE APPLICANTS AND THE REVIEW OF THE SCREENING TOOL. Ms. Ching recommended that Items 6, 7, and 8 to be deferred. Mr. Nishimura moved to approve deferral of Items 6, 7, and 8. Mr. Pacheco seconded the motion. Motion carried 6:0 8. STATUS REPORT AND RECOMMENDATIONS, REGARDING THE HIRING OF A NEW DIRECTOR OF LIQUOR FROM THE PERMITTED INTERACTION GROUP (PIG) ON ORAL INTERVIEW QUESTIONS AND A SCREENING TOOL OF THE APPLICANTS. Ms. Ching recommended that Items 6, 7, and 8 to be deferred. Mr. Nishimura moved to approve deferral of Items 6, 7, and 8. Mr. Pacheco seconded the motion. Motion carried 6:0 9. DISCUSSION AND DECISION MAKING ON LIQUOR COMMISSION’S DRAFT LETTER RESPONSE TO KŌLOA RUM REGARDING DIRECT TO CONSUMER SALES OF ALCOHOLIC BEVERAGES. Mr. Gibson moved to approve the final draft and mail the letter to Koloa Rum. Mr. Crowell seconded the motion. Motion carried 6:0 Liquor Control Commission Open Session September 3, 2020 Page 6 SUBJECT DISCUSSION ACTION EXECUTIVE SESSION: Pursuant to Hawai'i Revised Statutes §§92-4 and 92-5 (a) (4) the purpose of this executive session is to consult with the Commission's legal counsel on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities as they may relate to this item, deliberate and take such action as appropriate. Mr. Crowell moved to enter into Executive Session. Mr. Nishimura seconded. Motion carried 6:0. Commissioner Pacheco was unable to rejoin the tele-conference, due to connectivity. Return to Open Session to ratify the actions taken in Executive Session Mr. Nishimura moved to ratify the actions taken in Executive Session. Mr. Crowell seconded the motion. Motion carried 5:0 Announcements Next Scheduled Meeting: Thursday, September 17, 2020 – 10:00 a.m., Teleconference Adjournment With no further business to conduct, Vice Chair Kusaka called for a motion and a second to adjourn the meeting. Mr. Matsunaga moved to adjourn the Meeting. Mr. Crowell seconded the motion. Motion Carried 6:0 At 10:50 a.m. the meeting was adjourned. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Malialani TM Kelekoma, Liquor Clerical Assistant Shirley Akita, Chair (X) Approved as circulated. ( ) Approved with amendments. See minutes of meeting.