HomeMy WebLinkAbout2021_0401 Liquor Open Session - APPROVED.pdfALWIFIFIR-i-i'611EM
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
See Open Session Minutes of 5-20-21.
Board/Commission:
LIQUOR CONTROL COMMISSION
Meeting Date
April 1, 2021
Location
Tele Conference via Microsoft Teams Audio
+1 469-848-0234, Conference ID: 327 582 701#
Start of Meeting: 10:06 a.m.
End of Meeting: 10:57 a.m.
Tele
Present
Chair William Gibson, Vice Chair Dee Crowell Members: Leland Kahawai, Randall Nishimura, Gary Pacheco Also: Liquor Control
Staff: Acting Director Cecilio Baliaris Jr., Liquor Clerical Assistant Malialani TM Kelekoma; Ellen Ching Administrator Boards &
Commission, Deputy County Attorney Charles Foster
Excused
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Gibson called meeting
to order @ 10:06 a.m.
Roll Call
Investigator Herman called roll, noting 5 members were present constituting a quorum.
Announcements
Next Scheduled Meeting: Thursday, April 15, 2021— 10:00 a.m. via Tele-Conference.
Approval of
Agenda
Mr. Pacheco moved to
approve the Agenda. Mr.
Kahawai seconded the
motion. Motion carried 7:0.
Liquor Control Commission
Open Session
April 1, 2021 Page 2
SUBJECT
DISCUSSION
ACTION
1.
PUBLIC HEARING
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 transfer of Dispenser General Lic No. 5G-023 from Trees Lounge
Inc. to JOHNNY'S WINGZ N TINGZ, LLC dba JOHNNY'S WINGZ N TINGZ located at 440
Aleka Place Unit 1, Kapaa, Kauai, Hawaii.
Investigator Herman stated all legal requirements for today's Public Hearing have been
met. Since the date of the publication and up until the time of the Public Hearing, the
Department has not received any letters in support or in opposition of this application.
Chair Gibson opened the Public Hearing for Application No. 2021-017 and asked who is
representing the applicant.
John and Donna Copeland, Owners were present to represent the Licensees.
Chair Gibson asked have you received a copy of the Investigator's Report.
Mr. Nishimura moved to
approve Application No.
Mr. Copeland replied, yes.
2021-017 for Johnny's
Wingz N Tingz, LLC dba
Chair Gibson asked do you have any comments on the report.
Johnny's Wingz N Tingz for
a transfer of Dispenser
Mr. Copeland replied, no.
General Lic. No. 5G-023
from Trees Lounge Inc. to
Chair Gibson asked is there any one here who wishes to object to the application. Is there
Johnny's Wingz N Tingz. Mr.
anyone here who wishes to speak on behalf of the application? Commissioners do you
Kahawai seconded the
have any questions. Hearing none, he closed the Public Hearing for Application No. 2021-
motion. Motion carried 5:0.
017.
Liquor Control Commission
Open Session
April 1, 2021 Page 3
SUBJECT
DISCUSSION
ACTION
2.
DIRECTOR'S REPORTS:
a) INVESTIGATORS' REPORTS:
b) INCOMING COMMUNICATIONS:
1) From Milbrandt Family Wines Re: Annual Direct Shipment Report.
2) From Beam Suntory Re: Regulations to sell 700ml Distilled Spirits in Hawaii.
3) From Trina Lacson, Office of the Prosecuting Attorney Re: Evidence Release.
4) From Hidden Ridge Vineyard, LLC Re: Premise Change
c) OUTGOING COMMUNICATIONS:
1) To Hidden Ridge Vineyard, LLC Re: Premise Change
d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See Attachment "A"
e) ACTIONS OF THE DIRECTOR:
1) KAUAI CHAMBER OF COMMERCE: Approval of Special Free 1-Day License No.
2021-08 to be held at Kauai Government Employees Federal Credit Union,
Kilauea Branch, 2555 Ala Namahana Parkway, Kilauea, Kauai, Hawaii on March
25, 2021 FROM 5:30pm through 7:OOpm.
2) KEOKI'S PARADISE: Approval of temporary extension of premise to include 210
sq ft of the grass turf per the diagram submitted. Temporary extension dates
are from April 1, 2021 to June 30, 2021.
3) THE BEACH HOUSE: Approval of temporary increase of extension to the patio
lawn as diagramed. Dates of the extension is approved for April 21, 2021
11:OOam to 1:OOpm and April 24, 2021 from S:OOpm to 10:OOpm.
4) WINE HOOLIGANS LLC: Approved Direct Shipment Permit NO. DS21-443 to
Wine Hooligans LLC dba Wine Hooligans located at 980 Airway Ct., Ste A, Santa
Liquor Control Commission
Open Session
April 1, 2021 Page 4
SUBJECT
DISCUSSION
ACTION
Rosa, California.
5) SWEET CHEEKS VINEYARDS INC.: Approved Direct Shipment Permit NO. DS21-
444 to Sweet Cheeks Vineyards, Inc. dba Sweet Cheeks Winery located at
27007 Briggs Hill Road, Eugene Oregon.
6) REVANA FAMILY PARTNERS, LP: Approved Direct Shipment Permit NO. DS21-
445 to Revana Family Partners, Inc. dba Revana Winery located at 2930 Saint
Helena Hwy N, Saint Helena, California.
f) INFORMATIONAL MATTERS
CHANGE IN AUTHORIZED AGENT:
a) DUKE'S CANOE CLUB, LLC: Addition of Lisa A. Davis, Accounting Assistant from
T S Restaurants Management, Inc. as an Authorized Agent for Duke's Canoe Club,
LLC. dba Duke's Canoe Club license NO. 2G-007.
b) POIPU BEACH RESTAURANT, LLC: Addition of Lisa A. Davis, Accounting Assistant
from T S Restaurants Management, Inc. as an Authorized Agent for Poipu Beach
Restaurant, LLC. dba Keoki's Paradise license NO. 2G-017.
CANCELLATION OF LIQUOR LICENSE:
Mr. Pacheco moved to
approve Director's Reports
FOOD PANTRY, LTD: Cancellation of Retail General License 4G-072 issued to Food
a through f. Mr. Nishimura
Pantry, LTD. dba PV Eats,
seconded the motion.
Motion carried 5:0.
FOOD PANTRY, LTD: Cancellation of Restaurant General License 2G-089 issued to Food
Pantry, LTD. dba PV Eats.
Liquor Control Commission
Open Session
April 1, 2021 Page 5
SUBJECT
DISCUSSION
ACTION
3.
REQUEST TO TRANSFER REMAINING LIQUOR INVENTORY
FOOD PANTRY, LTD dba PV EATS RETAIL (Lic #4G-072) is requesting to transfer their
remaining liquor to their affiliated companies FOODLAND SUPER MARKET, LTD. dba
FOODLAND SUPER MARKET PRINCEVILLE (Retail General Lic# 4G-020), and THE
KALAMA BEACH CORPORATION, dba KILAUEA MARKET + CAFE (Retail General Lic#
4G-059).
a) Amount requested to transfer to Foodland Princeville = 746 bottles of wine with an
estimated value of $17,462.62.
b) Amount requested to transfer to Kilauea Market & Cafe = 209 bottles of wine with
an estimated value of $5,200.88.
Total amount of liquor transfer to both locations = 955 bottles of wine at an estimated
value of $22,663.50
Mr. Robert Ueoka, Attorney was present to represent Foodland Supermarket LTD. This
is a request to transfer remaining liquor inventory as PV Eats has closed permanently
as of March 13, 2021. We are trying to get approval to transfer to our Affiliate
Companies, Kalama Beach Corporation dba Kilauea Market + Cafe.
Chair Gibson thanked Mr. Ueoka.
Commissioner Nishimura asked about the other liquor, has it been taken cared of or
disposed of.
Liquor Control Commission
Open Session
April 1, 2021 Page 6
SUBJECT
DISCUSSION
ACTION
Mr. Ueoka replied yes, they have been sold or destroyed. We have no intent to
Mr. Nishimura moved to
transfer on the beer side.
approve the request for
transfer the remaining
Commissioner Nishimura thanked Mr. Ueoka.
Liquor Inventory for Food
Pantry, LTD dba PV Eats
Chair Gibson asked are there any other questions.
Retail (Lic# 4G-072) to their
affiliated companies
Foodland Super Market,
LTD. dba Foodland Super
Market Princeville and The
Kalama Beach Corporation
dba Kilauea Market + Cafe
on items 3 a) and 3 b) on
the agenda. Mr. Pacheco
seconded the motion.
Motion carried 5:0.
4.
CONTINUANCE PERMANENT INCREASE OF PREMISES: (3-18-21)
ZEPHYR FARMS LLC dba THE HANALEI BREAD COMPANY:
Request for permanent increase of premises to include the space formally ran by
"Shave Ice Paradise".
Investigator Herman advised the Commission Zephyr Farms LLC dba The Hanalei Bread
Company still has not produced the paperwork required for this item. The Department
of Liquor is requesting a deferral until a time where Zephyr Farms LLC dba The Hanalei
Bread Company can produce the remaining required paperwork for this request.
Chair Gibson asked what paperwork is remaining.
Liquor Control Commission
Open Session
April 1, 2021 Page 7
SUBJECT
DISCUSSION
ACTION
Investigator Herman replied, as former Commissioner Matsunaga brought up before,
there is a problem with the lease agreement from Shave Ice Paradise and the person
who owns Shave Ice Paradise, and they have left the island. He is in contact with
landlord and Zephyr Farms LLC dba The Hanalei Bread Company. Due to the mud
slides there has been problems with getting the paperwork in time before the agenda
was posted. Has not received the required paperwork as of today, and we can't
approve it.
Chair Gibson asked Investigator Herman do you have any assurance that the
paperwork is forthcoming.
Investigator Herman replied they have assured me, he checked with the Attorney and
we are requesting a deferral until the next meeting. This time we are not putting a
date on it. We will revisit this once they have produced all required paperwork and
then we can put it back on the agenda as an original request.
Vice Chair Crowell asked Mr. Foster can we defer any matter to an unspecified date?
Mr. Foster replied it's called to postpone indefinitely the agenda item, the motion
should be to postpone indefinitely an agenda item. The motion is to decline to take a
position on the main question, adopting the motion, kills the main motion and avoids
a direct vote. It will be dead until it is put back on the calendar as a new item.
Postponing indefinitely is the motion.
Vice Chair Crowell asked was this a Public Hearing.
Investigator Herman responded no, this is a request for a Permanent Increase of
Premises.
Liquor Control Commission
Open Session
April 1, 2021 Page 8
SUBJECT
DISCUSSION
ACTION
Commissioner Nishimura asked Mr. Foster by postponing indefinitely will it infer any
Mr. Nishimura, Pursuant to
kind of benefits to the applicant that may not be otherwise deem proper.
Rule #11 of Robert's Rules
of Order move to postpone
Mr. Fisher responded no, not at all it's a little bit strange Roberts Rules, and it's
indefinitely any action on
coming off the calendar and never be heard of again until it gets put back on the
Increase of Premises for
calendar. This is Rule 11 of Roberts Rules.
Zephyr Farms LLC dba The
Hanalei Bread Company.
Commissioner Nishimura thanked Mr. Foster.
Mr. Pacheco seconded the
motion. Motion carried 5:0.
EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-4 and §92-5 (a) and (2) and
Mr. Pacheco moved to go
(4), the purpose of this Executive Session is for the deliberation and decision -making by the
into Executive Session. Mr.
Commission relating to the hiring of a new Director of Liquor Control and other related items,
Kahawai seconded the
and to consult with its attorney on questions and issues pertaining to the Commission's
motion. Motion carried 5:0.
powers, duties, privileges, immunities and liabilities as they may relate to the following
agenda items:
Moved into Executive
Session @ 10:23 a.m.
5.
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 @ 10:54 a.m.
ROLL CALL FOR THE RETURN TO OPEN SESSION
Ms. Ching Administrator for Boards and Commission called roll, noting 5 members were present
constituting a quorum.
Liquor Control Commission
Open Session
April 1, 2021
Page 9
SUBJECT
DISCUSSION
ACTION
RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION
Mr. Kahawai moved to
ratify the actions taken in
Executive Session. Mr.
Pacheco seconded the
motion. Motion carried 5:0.
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. Nishimura moved to
Adjournment
the meeting.
adjourn the Meeting. Mr.
Pacheco seconded the
motion. Motion Carried 5:0
At 10:57 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