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Home My WebLink About2021_0318 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 March 18, 2021 Location Tele Conference via Microsoft Teams Audio Start of Meeting: 10:00 a.m. End of Meeting:12:05 p.m. +1 469-848-0234, Conference ID: 194 535 297# Tele Chair William Gibson, Vice Chair Dee Crowell Members: Shirley Akita, Leland Kahawai, Gerald Matsunaga, Gary Pacheco Also: Liquor Present Control Staff: Investigator Herman Liquor, Clerical Assistant Malialani TM Kelekoma; Ellen Ching Administrator Boards & Commission, Deputy County Attorney Charles Foster Excused Randall Nishimura Absent SUBJECT DISCUSSION ACTION Call To Order Chair Gibson called meeting to order @ 10:00 a.m. Roll Call Investigator Herman called roll, noting 7 members were present constituting a quorum. Announcements Next Scheduled Meeting: Special Meeting Friday March 26-27, 2021— 9:00 a.m. Open Meeting: Thursday April 1, 2021— 10:00 a.m. via tele-conference Approval of Agenda Mr. Pacheco moved to approve the Agenda. Mrs. Akita seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session March 18, 2021 Page 2 SUBJECT DISCUSSION ACTION Approval of APPROVAL OF MEETING MINUTES: Motion#1 Meeting Minutes a. Open Session Minutes of January 21, 2021 Mrs. Akita moved to approve Open Session Minutes of January 21, 2021. Mr. Pacheco seconded the motion. Motion carried 6:0. b. Special Meeting Minutes of January 28, 2021 Motion #2 Mrs. Akita moved to approve Special Meeting Minutes of January 28, 2021. Mr. Pacheco seconded the motion. Motion carried 6:0. 1' DIRECTOR'S REPORTS: a) INVESTIGATORS' REPORTS: b) INCOMING COMMUNICATIONS: 1) From Jackson Family Wines, Inc., Re: 2022 Kentucky Derby Sweepstakes. 2) From National Conference of State Liquor Administrators (NCSLA) Re: Update on Annual Conference date moved to September 15-18, 2021. c) OUTGOING COMMUNICATIONS: 1) To Jackson Family Wines, Inc., Re: 2022 Kentucky Derby Sweepstakes. Liquor Control Commission Open Session March 18, 2021 Page 3 SUBJECT DISCUSSION ACTION 2) To All Wholesale Licensees, Re: Transfer Liquor License Kauai Beach Resort. d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See Attachment "A" e) ACTIONS OF THE DIRECTOR: 1) SUSHI BUSHIDO: Approval of special request for temporary increase of premises to include a portion outside the restaurant per diagram submitted, to comply with social distancing from March 1, 2021 through May 31, 2021. 2) KALAPAKI JOE'S-KUKUI GROVE: Approval of special request for temporary increase of premises to include a portion outside the restaurant per diagram submitted, to comply with social distancing from April 1, 2021 through June 30, 2021 3) THE ALIXIR COMPANY: Approved Direct Shipment Permit DS21-442 effective March 9, 2021 through December 31, 2021. f) INFORMATIONAL MATTERS Mr. Pacheco moved to accept the Directors Report a through f. Mr. Kahawai seconded the motion. Motion carried 6:0. 2. TRANSFER LIQUOR LICENSE: SONESTA INTERNATIONAL HOTELS CORP dba ROYAL SONESTA KAUAI RESORT: Application 2021-019 filed on February 9, 2021 for a transfer of Liquor License No. (Lic #12G-013) from KAUAI MARRIOT RESORT AND BEACH CLUB to SONESTA INTERNATIONAL HOTELS CORP dba ROYAL SONESTA KAUAI RESORT located at 3610 Liquor Control Commission Open Session March 18, 2021 Page 4 SUBJECT DISCUSSION ACTION Rice Street, Lihue, Kauai, Hawaii. Deposited $335. Mr. Pacheco moved to accept Applications 2021- Commissioner Akita commented for the record that she will not be recusing herself, 19 for a transfer of Liquor the General Manager for Kauai Marriott is her son-in-law. License No. 12G-013 from Kauai Marriott Resort and Beach Club to Sonesta International Hotels Corp dba Royal Sonesta Kauai Resort for Publication and Public Hearing. Mr. Kahawai seconded the motion. Motion carried 6:0. 3. TEMPORARY LIQUOR LICENSE: SONESTA INTERNATIONAL HOTELS CORP dba ROYAL SONESTA KAUAI RESORT: Application 2021-020 filed on February 9, 2021 for a temporary Liquor License to operate No. (Lic #12G-013) to SONESTA INTERNATIONAL HOTELS CORP dba ROYAL SONESTA KAUAI RESORT located at 3610 Rice Street, Lihue, Kauai, Hawaii. Mr. Matsunaga moved to accept Application 2021- 020 for a Temporary Liquor License be approved. Mr. Pacheco seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session March 18, 2021 Page 5 SUBJECT DISCUSSION ACTION 4. REQUEST TO TRANSFER REMAINING LIQUOR INVENTORY Mrs. Akita moved to approve the request to TEAM FILAMENT, LLC. dba KAUAI BEACH RESORT (Lic #12G-003) is requesting to transfer remaining liquor transfer their remaining liquor stock to the new licensee, KBR MANAGER, LLC dba inventory from Team Kauai Beach Resort. Filament, LLC dba Kauai Beach Resort to KBR Manager, LLC dba Kauai Beach Resort. Mr. Pacheco seconded the motion. Motion carried 6:0. 5. PERMANENT INCREASE OF PREMISES: Motion #1 Mr. Pacheco moved to ZEPHYR FARMS LLC dba THE HANALEI BREAD COMPANY: accept the Permanent Request for permanent increase of premises to include the space formally ran by Increase of Premises for "Shave Ice Paradise". The licensee has provided all required documentation and all Zephyr Farms LLC dba the requirements have been met for this request. Hanalei Bread Company requesting the additional Chair Gibson asked are there any questions. space. Formally ran by Shave Ice Paradise. Mr. Commissioner Matsunaga asked the lease cancellation, has that been executed by the Kahawai seconded the current tenant of Shave Ice Paradise, Allison Hale. My document does not have her motion. signature. Apparently it requires her signature. Mr. Pacheco withdrew his Chair Gibson asked did the Shave Ice Paradise have a liquor license. motion. Mr. Kahawai withdrew his second. Investigator Herman replied no. I am looking at the paperwork now, and I see the space that you are talking about. Liquor Control Commission Open Session March 18, 2021 Page 6 SUBJECT DISCUSSION ACTION Commissioner Matsunaga commented before they can acquire the space Allison Hale Motion #2 will have to give it up. Mr. Matsunaga motion to consider decision of Investigator Herman commented he is reading the lease modification right now, which Permanent Increase of was signed by everyone else. The new lease is in place, I understand what you are Premise until April 1, 2021. saying in regards to the old lease. I don't have an answer for you on that I will have to Mr. Pacheco seconded the get back to you. motion. Motion carried 6:0. Commissioner Matsunaga stated in the lease cancellation the last paragraph, if the tenant fails to sign this Cancellation document and vacate as stated, this document is voided, the Lease will remain in effect and all moneys owed are due. That's the reason I am asking if the tenant has signed off. Investigator Herman commented he understands, if you want we can hold off on this till the April 1, 2021 meeting until that is corrected. Mr. Foster asked if any of the parties are present. Investigator Herman commented no one is on. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-4 and §92-5 (a) and (2) and Mrs. Akita moved to go into (4), the purpose of this Executive Session is for the deliberation and decision -making by the Executive Session. Mr. Commission relating to the recommendations as presented by the Permitted Interaction Kahawai seconded the Group on the hiring of a new Director of Liquor Control and other related items, and to motion. Motion carried 6:0. 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 agenda item. 10:20 a.m. Liquor Control Commission Open Session March 18, 2021 Page 7 SUBJECT DISCUSSION ACTION 6. APPROVAL OF MEETING MINUTES: a) Executive Session Minutes of January 21, 2021 b) Executive Session Minutes of January 28, 2021 7. DISCUSSION AND POSSIBLE DECISION -MAKING ON THE RECOMMENDATIONS FROM THE (PERMITTED INTERACTION GROUP) ON THE SCORING IN THE INTERVIEW PROCESS AND OTHER RELATED MATTERS 8. UPDATE, DISCUSSION AND POSSIBLE DECISION -MAKING ON MATTERS RELATED TO THE HIRING OF THE DIRECTOR OR LIQUOR CONTROL RETURN TO OPEN SESSION Returned to Open Session @ 11: 14 a.m. ROLL CALL FOR THE RETURN TO OPEN SESSION Investigator Herman called roll, noting 6 members were present constituting a quorum. Investigator Herman advised the Commission that he emailed Hanalei Bread Company and cc'd the Chair. The previous tenant has left the Island with no contact information. Hanalei Bread Company will get a hold of the landlord and will give Investigator Herman a notarized letter stating that the last lease was terminated. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION Mrs. Akita moved to ratify the actions taken in Executive Session. Mr. Kahawai seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session March 18, 2021 Page 8 SUBJECT DISCUSSION ACTION 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). With no further business to conduct, Chair Gibson called for a motion and a second to adjourn Mr. Pacheco moved to Adjournment the meeting. adjourn the Meeting. Mr. Crowell seconded the motion. Motion Carried 6:0 At 11:17 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