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HomeMy WebLinkAbout2021_0211 Liquor Open Session APPROVED.pdfALWIFIFIR-i-i'611EM COUNTY OF KAUAI Minutes of Meeting OPEN SESSION See minutes of 5-20-21. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date February 11, 2021 Location Tele Conference via Microsoft Teams Audio +1 469-848-0234, Conference ID: 829 798 189# Start of Meeting: 10:00 a.m. End of Meeting:11:33 a.m. Tele Present Chair William Gibson, Vice Chair Dee Crowell Members: Leland Kahawai, Gerald Matsunaga, Randall Nishimura, Also: Liquor Control Staff: Acting Director Cecil Baliaris Jr., Liquor Clerical Assistant Malialani TM Kelekoma; Ellen Ching Administrator Boards & Commission, Deputy County Attorney Charles Foster Excused Shirley Akita, Gary Pacheco Absent SUBJECT DISCUSSION ACTION Call To Order Chair Gibson called meeting to order 10:00 a.m. Roll Call Acting Director Cecil Baliaris Jr., called roll, noting 5 members were present constituting a quorum. Announcements Next Scheduled Meeting: Open Meeting Thursday, February 18, 2021— 10:00 a.m. via Tele-Conference Approval of Agenda Mr. Crowell moved to approve the Agenda. Mr. Kahawai seconded the motion. Motion carried 5:0. 1. TEMPORARY LIQUOR LICENSE: a) KBR MANAGER, LLC dba KAUAI BEACH RESORT: Application No. 2021-015 was filed on January 6, 2021 by KBR Manager, LLC dba Kauai Beach Resort for a temporary license located at 4331 Kauai Beach Drive, Hanamaulu, Kauai, Hawaii. Deposited Liquor Control Commission Special Session February 11, 2021 Page 2 SUBJECT DISCUSSION ACTION 60.00. Mr. Craig Nakamura Attorney on behalf of KBR Manager was present to represent Motion #1 Kauai Beach Resort. This item was on the agenda last week so we can have the Mr. Matsunaga moved to temporary license approved as it was not on the agenda last week. approve Application No. 2021-015 for a temporary Mr. Foster stated the Rule and Statues giving authority for this action HRS 281-32, the Liquor License. Mr. Kahawai Commissions Rule is 2.5 (f) it tracks the statue. It provides a temporary license of any seconded the motion. class or kind maybe granted, where the premises have been operating under the Motion carried 4:0. license for the same class, kind and category for at least a year immediately prior. The issuance of a temporary license is based on a transfer, the temporary license shall terminate upon the transfer of a new license application. If the license transfer is denied or withdrawn, the temporary license is cancelled. That is the sum of the Commission Rule 2.5 (f). Commissioner Nishimura stated prior to taking action on this, he will recuse himself on this action item, he understands that it may be an issue. b) JOHNNY'S WINGZ N TINGZ, LLC dba JOHNNY'S WINGZ N TINGZ: Application No. 2021- 017 was filed on December 8, 2020 by JOHNNY'S WINGZ N TINGZ, LLC dba JOHNNY'S WINGZ N TINGZ for a temporary license located at 440 Aleka Place, Unit#1, Kapa'a, Kauai, Hawaii. Deposited $60.00. Motion #2 Donna and John Copeland were present to represent JOHNNY'S WINGZ N TINGZ, LLC Mr. Matsunaga moved to dba JOHNNY'S WINGZ N TINGZ. approve Application No.2021-017 for a temporary Liquor License. Mr. Crowell seconded the motion. Motion carried 5:0. Liquor Control Commission Special Session February 11, 2021 Page 3 SUBJECT DISCUSSION ACTION 2. VIVA KAI LLC dba KAI BAR COFFEE ROASTERS LIQUOR LICENSE: Reconsideration of approval Motion #1 of license for Viva Kai LLC dba Kai Bar. The Commission approved at its regular monthly Mr. Nishimura moved to teleconference meeting on February 4, 2021, Application No. 2021-011 for a New reconsider the action taken Restaurant General license (live entertainment with dancing) with the condition based on at the last meeting agreement of Applicant and an objecting neighbor that the premises close by 9:00 pm regarding Viva Kai LLC dba nightly. The Commission will reconsider whether the intent of the parties was that the Kai Bar Coffee Roasters premises close by no later than 9:00 pm nightly or that live music and dancing cease by no Liquor License Application later than 9:00 pm nightly or that live music and liquor service cease by no later than 9:00 No. 2021-011for a New pm nightly or a combination thereof. Restaurant General License. Mr. Crowell seconded the Mr. Foster advised the Commission that they are proceeding under Section 35 of the motion. Motion carried 5:0. Roberts Rules and Orders called amend something previously adopted. To amend something previously adopted the motion to be used for a desire to change only a part of the text or substitute a different version. As we learn subsequent to last week's decision it did not reflect the true intent of the parties. This would not be reopening a Public Hearing or taking Public Testimony. We have the letter dated February 8, from Viva Kai Limited and we have one or more of the parties here. He would like to suggest a motion to the Commission to get this thing going. Move to amend the resolution taken from the February 4, 2021 meeting that approved Application No. 2021-011 for a New Restaurant General License to reflect the intent of the stipulating parties as clarified by the letter from Viva Kai LLC dba Kai Bear Coffee Roasters dated February 8, 2021 any representations made by the parties before the Commission today. If that motion was to be made and passed a second motion will be made to reflect the conditions to be placed. Chair Gibson asked Mr. Garcia are your present. Mr. Garcia responded, yes. Chair Gibson asked the Commission are there any questions for the party. Hearing none. Liquor Control Commission Special Session February 11, 2021 Page 4 SUBJECT DISCUSSION ACTION Commissioner Nishimura stated if we reconsider the motion, then we can consider any changes to the prior approval. Unless we reconsider, we cannot properly reconsider any conditions attached to the approval of the last meeting. Mr. Foster stated he would like to ask the applicant what is intended by the term music. Is it live music as there were other concerns that were raised, would it include atmospheric music, karaoke or only live music. Please clarify. Mr. Garcia responded any live music that would fall under the normal liquor license stipulation. Any live or amplified music. If we were to stay open we generally have atmospheric music or played from an iPod through the house speakers. That is never loud, you can't hear that outside the building. So the stipulation that I am looking for is the normal sense of the general liquor license with live music and dancing. A guy sitting with a guitar and amplifier or a djay in the sense of amplified music. All of that would be over at 9 p.m. Mr. Foster thanked Mr. Garcia and clarified that the objecting neighbor is or is not present at this time. Mr. Garcia responded, I don't think he logged in, he did not log in last week as well. He did send him after last week's hearing he sent a recap of the meeting and the agenda for today. He also sent an invite, at this point he thinks he is ready to move on. There was also another neighbor who sent a letter a few weeks ago from a Joann Thompson, her letter had the same stipulation she asked for amplified music and liquor to cease at 9 p.m. We are keeping in line the general consensus of the closest neighbors. Commissioner Pacheco entered in the Commission Meeting @ 10:20 a.m. Mr. Foster thanked Chair Gibson. Liquor Control Commission Special Session February 11, 2021 Page 5 SUBJECT DISCUSSION ACTION Investigator Herman asked for a clarification between owner and telephone conversation yesterday about the vessels. Chair Gibson replied there is a motion on the floor. Investigator Herman apologized and will take care of it after the Commission Meeting. Commissioner Kahawai asked for clarification from the applicant, it says liquor and music does this include dancing. Mr. Garcia replied yes Liquor, music and live dancing, that is reasonable it should all be done by 9 p.m. Our biggest thing we did not want our overall hours of our business to be tied to the hours of when our liquor license are active. If we have to cease serving liquor, and allowing dancing and live music at 9 p.m. We would like to be able to serve coffee and pastries till 9:30 p.m. or 10 p.m., our revenue stream is not the alcohol. We don't want the alcohol to dictate our entire business. As I put in my letter a lot of people work from their computer also to study we are that kind of cafe. I don't want to be tied to those hours, because of our Liquor License is one our revenue streams, it is not our main revenue stream. Chair Gibson asked are there any other questions. Vice Chair Crowell asked Investigator Herman how easy is this to enforce when the liquor is stopped and the business is still open. Is that a problem? Investigator Herman replied, I don't believe it will be an issue. If we do an inspection after 9 p.m. and there is liquor out the Licensee can be cited. I do not perceive any problems enforcing it. Liquor Control Commission Special Session February 11, 2021 Page 6 SUBJECT DISCUSSION ACTION Chair Gibson asked are there any other comments or questions. Motion #2 Mr. Nishimura moved to Chair Gibson asked Investigator Herman how they control Liquor service ending at 9 p.m. approve Application No. 2021-011 for a New Investigator Herman stated for the Commission and Mr. Garcia clarifying the stipulations Restaurant General License that was approved and put on your license: with live entertainment and All Liquor service will cease at 9 p.m. including live entertainment and Dancing. What that dancing with the condition construes prior to 9 p.m. should an Investigator walk in at 9:01 p.m. there can be no as stipulated by the containers, glasses, bottles that contain any amount of liquor. So all tables and bar tops will applicant and objecting need to be cleared of any liquor. No dancing will be allowed past 9 p.m. No live or neighbor that the serving of amplified music, understanding that the house music is allowed. Any live amplified music liquor and dancing be will need to be completed prior to 9 p.m. Meaning at 9 p.m. it will have to be fully ceased. ceased at no later than 9 Is that clear of your understanding. p.m. nightly. Mr. Kahawai seconded the motion. Mr. Garcia replied yes all alcohol has to be cleared at 9:01 p.m. Motion carried 6:0. Investigator Herman replied technically at 9:00 p.m. He highly recommends having the bar clock set 5 to 10 minutes ahead to give you time to clear all glasses and live entertainment. Mr. Garcia replied that makes sense. Investigator Herman asked Vice Chair Crowell if that makes sense. Vice Chair Crowell responded he did not have an understanding that is why he asked, to which he replied to Investigator Herman yes. Chair Gibson thanked Investigator Herman. Liquor Control Commission Special Session February 11, 2021 Page 7 SUBJECT DISCUSSION ACTION EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-4 and §92-5 (a) and (2) and Mr. Nishimura moved to go (4), the purpose of this Executive Session is for the deliberation and decision -making by the into Executive Session and Commission relating to the recommendations as presented by the Permitted Interaction invite the Boards and Group on the hiring of a new Director of Liquor Control and other related items, and to Commission Administrator consult with its attorney on questions and issues pertaining to the Commission's powers, and the Liquor Clerical duties, privileges, immunities and liabilities as they may relate to this agenda item. Assistant. Mr. Pacheco seconded the motion. Motion carried 6:0. DISCUSSION, DELIBERATION AND DECISION -MAKING BY THE COMMISSION ON THE RECOMMENDATIONS OF THE PERMITTED INTERACTION GROUP (PIG) ON THE INTERVIEW QUESTIONS AND A SCORING TOOL RELATED TO THE HIRING OF THE DIRECTOR OF LIQUOR CONTROL. 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). RETURN TO OPEN SESSION Returned to Open Session @ 11:31 a.m. ROLL CALL FOR THE RETURN TO OPEN SESSION Acting Director Cecil Baliaris Jr., called roll, noting 6 members were present constituting a quorum. Liquor Control Commission Special Session February 11, 2021 Page 8 SUBJECT DISCUSSION ACTION RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION Mr. Nishimura moved to ratify the actions taken in Executive Session. Mr. Pacheco seconded the motion. Motion carried 6:0. With no further business to conduct, Chair Gibson called for a motion and a second to adjourn Mr. Nishimura moved to Adjournment the meeting. adjourn the Meeting. Mr. Pacheco seconded the motion. Motion Carried 6:0 At 11:33 a.m. the meeting was adjourned. Submitted by: Malialani TM Kelekoma, Liquor Clerical Assistant Reviewed and Approved by: (X) Approved as circulated. ( ) Approved with amendments. See minutes of meeting. William Gibson, Chair