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Home My WebLink AboutLCC 8-26-21 Agenda MTK1 APPROVED.pdfLIQUOR CONTROL COMMISSION WILLIAM GIBSON, CHAIR DEE CROWELL, VICE CHAIR LELAN D KAHAWAI, MEMBER RANDALL NISHIMURA, MEMBER LORNA NISHIMITSU, MEMBER GARY PACHECO, MEMBER TESS SHIMABUKURO, MEMBER REGULAR MONTHLY TELECONFERENCE MEETING NOTICE AND AGENDA Thursday, August 26, 2021 4:00 p.m. or shortly thereafter Microsoft Teams Conferencing Information Click on the link belowto join on yourcomputer or mobile app by VIDEO: Click here to join the meeting Or Dial phone number and enter conference ID to call in and join by AUDIO: Phone: +1469-848-0234 United States, Dallas Phone Conference ID: 529 790 579# This meeting will be held via Microsoft Teams conferencing only. Members of the public are invited to join this meeting by using the link above or calling the number above with the conference ID information. You may testify during the video conference or submit written testimony in advance of the meeting via e-mail or mail. To avoid excessive noise/feedback, please mute your microphone except to testify. A. CALL TO ORDER B. ROLL CALL C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, September 09, 2021— 10:00 a.m. or shortly thereafter D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES: a. Open Session Minutes of June 3, 2021 b. Open Session Minutes of June 20, 2021 F. DIRECTOR'S REPORTS: 1. INVESTIGATORS ACTIVITY REPORTS: 2. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers - See Attachment "A" G. ACTIONS OF THE DIRECTOR: 1. BANGKOK HAPPY BOWL KAUAI INC: Approval of Temporary Increase of Premise to include the covered area immediately fronting the restaurant per diagram submitted from September 9, 2021 to December 31, 2021. 2. GATHER FEDERAL CREDIT UNION: Approval of Application Nos. Free 2022-10 filed on August 13, 2021, by National Tropical Botanical Garden for a Free One -Day Special Dispenser General licenses on September 11, 2021 at Pua Kea Golf Course at 4150 Nuhou Street, Lihue, Kauai, Hawaii. 3. DUKE'S CANOE CLUB: Approval of Temporary Increase of Premise to include the grass area fronting the restaurant for a consumption area, per diagram submitted. Dates of temporary increase effective August 10, 2021 to September 6, 2021 from 10:30am to 10:30pm. 4. KAUAI KILOHANA PARTNERS: Approval of Temporary Increase of Premise to include the circular drive area fronting the luau pavilion per diagram submitted. Date of temporary increase effective August 21, 2021 from 3:00pm — 11:00pm. 5. AOAO OF THE HANALEI BAY RESORT: Approval of Temporary Increase of Premise to include the entrance and gazebo area per diagram submitted. Date of temporary increase effective August 16, 2021 from 6:00pm to 9:00pm. 6. BEACH HOUSE RESTAURANT: Approval of Temporary Increase of Premise to include the patio lawn space for a consumption area, per diagram submitted. Dates of temporary increase for August 22 & 26, 2021 from 6:00pm - 10:00pm. 7. BEACH HOUSE RESTAURANT: Approval of Temporary Increase of Premise to include the patio lawn space for a consumption area, per diagram submitted. Dates of temporary increase for September 2, 2021 from 5:00pm - 10:00pm. LIQUOR CONTROL COMMISSION — August 26, 2021 PAGE 2 8. BEACH HOUSE RESTAURANT: Approval of Temporary Increase of Premise to include the patio lawn space for a consumption area, per diagram submitted. Dates of temporary increase for September 3, 2021 from 5:30pm - 10:00pm. 9. BEACH HOUSE RESTAURANT: Approval of Temporary Increase of Premise to include the patio lawn space for a consumption area, per diagram submitted. Dates of temporary increase for September 4, 2021 from 10:30am - 2:30pm. 10. BEACH HOUSE RESTAURANT: Approval of Temporary Increase of Premise to include the patio lawn space for a consumption area, per diagram submitted. Dates of temporary increase for September 4, 5, 9, 11, 12, 13, 17, 18, 19, 20, 21, 23, 24, 25, 26, 30, 2021 from 4:30pm - 10:00pm. 11. BEACH HOUSE RESTAURANT: Approval of Temporary Increase of Premise to include the patio lawn space for a consumption area, per diagram submitted. Dates of temporary increase for September 16, 2021 from 6:00pm - 8:30pm. 12. BEACH HOUSE RESTAURANT: Approval of Temporary Increase of Premise to include the patio lawn space for a consumption area, per diagram submitted. Dates of temporary increase for September 27, 2021 from 6:00pm - 9:00pm. 13. HAWAII HOTEL INDUSTRY FOUNDATION: Approval of Application Nos. Free 2022-11 filed on August 16, 2021, by Hawaii Hotel Industry Foundation for a Free One -Day Special Dispenser General licenses on August 28, 2021 at the Poipu Bay Clubhouse & Golf Course, 2250 Ainako Street, Koloa, Kauai, Hawaii. H. NEW LICENSE: a. ET & WT LLC dba KENJI BURGER KOLOA: ET & WT LLC dba KENJI BURGER KOLOA filed Application No. 2022-006 on August 16, 2021 for a New Restaurant General B (Live Entertainment and Dancing) license located at 5404 Koloa Road, Unit 06- 02, Koloa, Kauai, Hawaii. Deposited $450.00. b. KOLOA PIZZA KITCHEN + BAR LLC dba KOLOA PIZZA + KITCHEN + BAR: KOLOA PIZZA KITCHEN + BAR LLC dba KOLOA PIZZA KITCHEN + BAR FILED Application No. 2022-007 on August 13, 2021 for a New Restaurant General B (Live Entertainment No Dancing) license located at 5408 Koloa Road, Unit 04-01, Koloa, Kauai, Hawaii. Deposited $450.00 LIQUOR CONTROL COMMISSION — August 26, 2021 PAGE 3 I. PERMANENT INCREASE OF PREMISES (8/12/21): MPK MANAGEMENT CO. LLC dba THE BEACH HOUSE RESTAURANT: Request for permanent increase of premises to accommodate the regular weddings/events on the south lawn area and west lawn area of the Beach House Restaurant. The appropriate staff as well as the manager on duty will monitor all areas. J. PRESENTATION, DISCUSSION ON A PENALTY GUIDELINE DRAFT K. PRESENTATION. DISCUSSION. AND POSSIBLE ACTION ON THE DIRECTOR OF LIQUOR CONTROLS'S 90 DAY STATUS REPORT Pursuant to HRS §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in HRS §92-5(a). 1. APPROVAL OF MINUTES: a. Executive Session Minutes of June 3, 2021 b. Executive Session Minutes of June 20. 2021 Pursuant to HRS §92-4, §92-5(a)(4), §92-9(a)(1-4) and (b), the purpose of this Executive Session is for Commission to approve or amend the Executive Session Minutes of June 3, 2021, June 20, 2021 and to consult with its attorney on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities as they may relate to this item. M. RETURN TO OPEN SESSION N. ROLL CALL FOR THE RETURN TO OPEN SESSION O. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION LIQUOR CONTROL COMMISSION — August 26, 2021 PAGE 4 P. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). Q. ADJOURNMENT LIQUOR CONTROL COMMISSION — August 26, 2021 PAGE 5 WRITTEN TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24- hours prior to the meeting and must indicate: 1. Your name and if applicable, your position/title and organization you are representing. 2. The agenda item that you are providing comments on; and Send written testimony to: Liquor Control Commission C/o Office of Boards and Commissions Pi'ikoi Building 4444 Rice Street, Suite 300 Lihu'e, Hawai'i 96766 E-Mail: mkelekoma@kauai.gov Phone: (808) 241-4918 SPEAKER REGISTRATION Prior to the Day of the Meeting: Persons wishing to testify are requested to register their name, phone number, and agenda item via email at mkelekoma@kauai.gov or by calling 808 241-4918. On the Day of the Meeting: Persons who have not registered to testify by the time the Commission meeting begins will be given an opportunity to speak on an item following oral testimonies of registered speakers. The length of time allocated to person(s) wishing to present verbal testimony may be limited atthe discretion of the chairperson or presiding member. Pursuant to HRS § 92-7.5, atthe time the board packet is distributed to the Liquor Control Commission, the board packet will be available for inspection at the Liquor Control Commission's office (Pi'ikoi Building 4444 Rice Street, Suite 300, Lihu'e, Hawai'i 96766). Please contact Malialani Kelekoma at (808) 241-4918 or mkelekoma@kauai.gov to request access. SPECIAL ASSISTANCE If you need an auxiliary aid/service or other accommodation due to a disability, or an interpreter for non-English speaking persons, contact Malialani Kelekoma at (808) 241-4918 or mkelekoma@kauai.gov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large pri nt, Braille, or electronic copy. LIQUOR CONTROL COMMISSION — August 26, 2021 PAGE 6