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HomeMy WebLinkAbout2021_0415 Liquor Open Session APPROVED.pdfALMNIFIFIR-i-j'61WERCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved see minutes of 6/4/21. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date April 15, 2021 Location Tele Conference via Microsoft Teams Audio Start of Meeting: 10:02 a.m. End of Meeting:11:18 a.m. +1 469-848-0234, Conference ID: 688 075 952# Tele Chair William Gibson, Vice Chair Dee Crowell Members: Leland Kahawai, Randall Nishimura, Gary Pacheco Also: Liquor Control Present 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 @ 10:02 a.m. Roll Call Acting Director Cecil Baliaris called roll, noting 4 members were present constituting a quorum. Announcements Next Scheduled Meeting: Meeting Thursday, May 6, 2021— 10:00 a.m. via Tele-Conference Approval of Mr. Pacheco moved to Agenda approve agenda. Mr. Kahawai seconded the motion. Motion carried 4:0. Commissioner Nishimura entered meeting at 10:04 a.m. Liquor Control Commission Open Session April 15, 2021 Page 2 SUBJECT DISCUSSION ACTION Approval of a. Open Session Minutes of February 4, 2021 Motion Meeting Minutes Mrs. Kelekoma advised the Commission of the following corrections: Mr. Kahawai moved to Corrections: Page 3 pp 3 (add) ,is approve Open Session Page 10 recuse Minutes of February 4, 2021 with amendments on b. Executive Session Minutes of February 4, 2021 Page 3 and 10. Mr. Pacheco Mrs. Kelekoma advised the Commission to defer to Executive Session. seconded the motion. Motion carried 5:0. Motion to approve Executive Session Minutes of February 4, 2021 has been withdrawn by Commissioner Kahawai and the second was withdrawn from Commissioner Pacheco. Public Testimony None 1. PUBLIC HEARING SONESTA INTERNATIONAL HOTELS CORP dba ROYAL SONESTA KAUAI RESORT: Application 2021-019 filed on February 9, 2021 for a transfer of Hotel License No. (Lic #12G-013) from ESSEX HOUSE CONDIMINIUM CORPORATION dba KAUAI MARRIOT RESORT to SONESTA INTERNATIONAL HOTELS CORP dba ROYAL SONESTA KAUAI RESORT located at 3610 Rice Street, Lihue, Kauai, Hawaii Acting Director Cecil Baliaris Jr. stated all legal requirements for today's Public Hearing have been met. No notices was required to be sent out to residents within 500 ft. on this transfer. A notice was published in the Garden Island Newspaper. 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 2021-019. Was that the report you gave us Acting Director Cecil Baliaris Jr. Liquor Control Commission Open Session April 15, 2021 Page 3 SUBJECT DISCUSSION ACTION Acting Director Cecil Baliaris Jr. replied, yes. Motion Mr. Pacheco moved to Chair Gibson thanked Acting Director Cecil Baliaris Jr. He asked who is representing the approve Application 2021- applicant. 019 for a transfer of Hotel License No. (Lic #12G-013) Mr. Jonathon Chun and Georgine Deason were present to represent Sonesta International from Essex House Hotel Corps dba Royal Sonesta Kauai Resort. Condominium Corporation dba Kauai Marriott Resort Chair Gibson asked if they received a copy of the Investigators Report. to Sonesta International Hotels Corp dba Royal Mr. Chun replied yes, there are no changes or objections, everything is accurate. Sonesta Kauai Resort. Mr. Crowell seconded the Chair Gibson asked are there anyone here who wishes to object to this application or motion. Motion carried 5:0. speak on behalf of this application. Commissioners do you have any questions? Hearing none, Public Hearing closed for Application 2021-019. Mr. Chun thanked the Members of the Commission. 2. DIRECTOR'S REPORTS: a) INVESTIGATORS' REPORTS: b) INCOMING COMMUNICATIONS: 1) From Milbrandt Family Wines Re: Annual Direct Shipment Report. 2) From: Layne Silva -Department of Liquor Control, County of Maui Re: Structure and positions in Kauai Liquor Office. c) OUTGOING COMMUNICATIONS: 1) All Wholesalers Re. Temporary License for Sonesta International Hotels Corp. dba Royal Sonesta Kauai Resort. Liquor Control Commission Open Session April 15, 2021 Page 4 SUBJECT DISCUSSION ACTION 2) All Wholesalers Re. Approved Transfer of License for Sonesta International Hotels Corp. dba Royal Sonesta Kauai Resort. 3) From: Layne Silva -Department of Liquor Control, County of Maui Re: Structure and positions in Kauai Liquor Office. Mr. Foster stated we have a motion and a second to accept a through d, we can take a vote on that and then the Member can make a motion on item e. Vice Chair Crowell commented you had a question on item c) 3? Chair Gibson asked Mr. Foster where we are we now. Mr. Foster replied Mr. Foster stated we have a motion and a second to accept a through d, Member has a questions about item c) 3, in which we can hear now. Commissioner Nishimura commented he does not recall seeing this in his packet. Chair Gibson commented item c) Outgoing Communications from Layne Silva, Department of Liquor Control Maui. Commissioner Nishimura replied, yes and if there was a response to them, did not see anything in the packet. Chair Gibson asked Acting Director Cecil Baliaris Jr. to do a follow up on this. Acting Director responded this was a request from Layne Silva, Director of Liquor from Maui. He requested information regarding our positions within the Liquor Department. Liquor Control Commission Open Session April 15, 2021 Page 5 SUBJECT DISCUSSION ACTION They are currently revamping their Department and wanted to see how the structure was for Liquor Control Department is structured. He communicated with HR and was given a packet, that packet was sent to Mr. Silva. Chair Gibson asked are there any particulars that we should be aware of. Acting Director Cecil Baliaris Jr. replied no, it just describes what the ranks are for Investigator I, II, III and IV, it showed what they were doing. It has nothing to do with the Commission or anything else. They are just restructuring their people within the Department. I did clear it with HR (Human Resources) and HR (Human Resources) gave the information. Chair Gibson asked Commissioner Nishimura are you satisfied with the response. Motion # 1 Commissioner Nishimura replied, yes just wondering what it entailed. Mr. Nishimura moved to accept Director's Report a d) EMPLOYEES IN LICENSED PREMISES: b, c, and d. Mr. Pacheco Managers and Assistant Managers— See Attachment "A" seconded the motion. Motion carried 5:0. e) ACTIONS OF THE DIRECTOR: 1) THE DOLPHIN POIPU: Approval of Temporary Increase of Premise to include their lanai area as a Beer Garden and Wine Bar, per diagram submitted for a Culinary Market. Dates of temporary increase are Wednesdays, April 7, 14, 21, & 28, 2021, 3:30pm - 6:30pm. 2) THE DOLPHIN POIPU: Approval of Temporary Increase of Premise to include their lanai area as a Beer Garden and Wine Bar, per diagram submitted for a Culinary Market. Dates of temporary increase are Wednesdays, May 5, 12, 19, & 26, 2021, 3:30pm - 6:30pm. Liquor Control Commission Open Session April 15, 2021 Page 6 SUBJECT DISCUSSION ACTION 3) THE DOLPHIN POIPU: Approval of Temporary Increase of Premise to include their lanai area as a Beer Garden and Wine Bar, per diagram submitted for a Culinary Market. Dates of temporary increase are Wednesdays, June 2, 9, 16, 23, 2021, 3:30pm — 6:30pm. 4) WRANGLER'S STEAKHOUSE: Approval of Temporary Increase of Premise fronting the restaurant as shown on the diagram. Dates of increase are from April 1, 2021 through June 30, 2021, 10:OOam — 11:OOpm. 5) ISLAND SCHOOL: Approval of a Retail General Special 1-day License No. 2021- 09. Event to be held online on April 10, 2021 from 4:OOpm to 7:OOpm. Purpose of event is to raise funds for the school's financial aid and general programs. 6) ISLAND SCHOOL: Approval of a Retail General Special 1-day License No. 2021- 10. Event to be held online on April 16, 2021 from 7:OOam to 6:OOpm. Purpose of event is to pick up auction items conducted on fundraising event on April 10, 2021. 7) KEOKI'S PARADISE: Approval of Temporary Increase of Premise to include 200 sq. ft. of their front area of the restaurant, per diagram submitted. Dates of increase are from April 5, 2021 to July 5, 2021. 11:OOam — 10:pm. 8) BEACH HOUSE RESTAURANT: Approval of Temporary increase of premises to include their patio lawn area, approximately thirty feet by eight feet, per diagram submitted. On Sunday, May 2, 2021 from 4:OOpm — 7:OOpm. 9) BEACH HOUSE RESTAURANT: Approval of Temporary increase of premises to include their patio lawn area, approximately thirty feet by eight feet, per diagram submitted. On May 5, 6, 7, 2021, from S:OOpm — 10:OOpm. 10) BEACH HOUSE RESTAURANT: Approval of Temporary increase of premises to include their patio lawn area, approximately thirty feet by eight feet, per diagram submitted. On Monday, May 10, 2021, from 5:30pm — 10:OOpm. Liquor Control Commission Open Session April 15, 2021 Page 7 SUBJECT DISCUSSION ACTION 11) BEACH HOUSE RESTAURANT: Approval of Temporary increase of premises to Motion #2 Mr. Nishimura moved to approve the Actions of the include their patio lawn area, approximately thirty feet by eight feet, per diagram submitted. On May 11, 12, 2021, from S:OOpm — 10:OOpm. 12) BEACH HOUSE RESTAURANT: Approval of Temporary increase of premises to ) e 1 through 15. Mr. Director ctorKahi seconded the motion. Motion carried 5:0. include their patio lawn area, approximately thirty feet by eight feet, per diagram submitted. On May 13, 2021, from 5:30pm — 10:OOpm. 13) BEACH HOUSE RESTAURANT: Approval of Temporary increase of premises to include their patio lawn area, approximately thirty feet by eight feet, per diagram submitted. On May 14 & 17, 2021, from S:OOpm — 10:OOpm. 14) BEACH HOUSE RESTAURANT: Approval of Temporary increase of premises to include their patio lawn area, approximately thirty feet by eight feet, per diagram submitted. On Tuesday, May 18, 2021, from S:OOpm — 7:OOpm. 15) BEACH HOUSE RESTAURANT: Approval of Temporary increase of premises to include their patio lawn area, approximately thirty feet by eight feet, per diagram submitted. On May 19, 22, 23, 25, 26, & 28, 2021, from S:OOpm — 10:00pm. Vice Chair Crowell asked why does Beach House Restaurant have so many requests, different times, what the logic is behind of having so many requests? Chair Gibson commented the reason they list them all together for the Action of the Director, that way so we do not need to treat each one as a separate question. Vice Chair respond does Beach House need to make separate applications for all of this 8-15? Liquor Control Commission Open Session April 15, 2021 Page 8 SUBJECT DISCUSSION ACTION Acting Director Cecil Baliaris responded on the basis of what Chair Gibson said, they have been doing that for years with the former Director of Liquor. They could also ask for a three month extension due to the Pandemic. This way is better and we know what is happening at each time. We have had complaints in the past of loud noise and loud music, the previous Director of Liquor made it this way and it is easier to monitor each day. We know when the event will be, should they take out the three months we will not know when they would be having their event. Chair Gibson asked Vice Chair Crowell do you have any further questions. Vice Chair Crowell responded seems a little convoluted to me. Investigator Herman explained they did put in for a permanent extension, but there is a Snowbird type of resident at one of the Condo's right next door that was constantly complaining. The Acting Director Cecil Baliaris Jr. mentioned so that is why they put in individual requests. That was past practice from the previous Director of Liquor. Vice Chair Crowell asked is there music there. Investigator Herman replied they hold wedding receptions on that lawn. Vice Chair Crowell commented there is always lots of people for the sunset. Investigator Herman replied their license go only to the stone wall. They have residents and other people that go on that walkway. Vice Chair Crowell did the complaint come from the Condo on the Makai side of the road. Investigator Herman replied the complaint was coming from a Condo on the Oceanside towards Poipu. f) INFORMATIONAL MATTERS: No action taken on Item f. Liquor Control Commission Open Session April 15, 2021 Page 9 SUBJECT DISCUSSION ACTION Commissioner Pacheco asked about item f. Commissioner Nishimura responded there was no information in the packet that refers to it. Acting Director responded in the futures, if there is no informational matters we will put none or leave it out. Chair Gibson asked do we need to take action on that. Commissioner Nishimura responded we can leave it to the Department and Mrs. Kelekoma. Investigator Herman advised for clarification there are no informational matters. Chair Gibson asked do we need a motion on this. Mr. Foster replied no motion is needed for this. 3. VIOLATION REPORT: Motion a) KALAMA BEACH CORPORATION dba MARKET AT KILAUEA: Violation of Rule 7.8 Manager on Mr. Nishimura moved to duty, qualifications. receive the Notice of Violation Hearing for Kalama Beach Corporation dba Market at Kilauea for a Violation Hearing on May 6, 2021. Mr. Pacheco seconded the motion. Motion carried 5:0. Liquor Control Commission Open Session April 15, 2021 Page 10 SUBJECT DISCUSSION ACTION 4.1 CHANGE IN AUTHORIZED AGENT/OFFICERS: No action necessary. a)SAFEWAY INC.: Designation of Gary R. Morton, the VP/T/AS/D as the primary decision maker for the purchase and sale of liquor for Safeway Inc. dba Safeway Stores, License No. 4G-011 and License No. 4G-051. b) HOKUALA GOLF MANAGEMENT LLC: Addition of Ruth E. Engle as President, Jay M. McGrath as Vice President, Jeffrey L. Hansen as Secretary. Deletion of Joseph D. Livingood as President and Peter M. Hill as Secretary for Hokuala Golf Management LLC dba The Ocean Course at Hokuala. RESORT MANAGEMENT INTERNATIONAL, INC. A CALIFORNIA CORPORATION: Withdrawal of Jason Daniel Toste as President, Secretary, & Director. Withdrawal of Lisa Marie Gann as Treasurer & Chief Financial Officer. Withdrawal of Elizabeth Rue 4.2 CONTINUANCE PERMANENT INCREASE OF PREMISES: (3-18-21, 4-1-21) 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 replied the question that former Commissioner Matsunaga had Motion concerning the past owner of the lease for Shave Ice Paradise. This has been taken Mr. Nishimura moved to cared of, the paperwork has been submitted with the request. We should be up to date approve the request for on what is required for this item. Permanent Increase of Premises for Zephyr Farms Commissioner Nishimura asked Investigator Herman is there an Application no. for this. LLC dba The Hanalei Bread Company as recommended Investigator Herman responded none is needed. by staff. Mr. Pacheco seconded the motion. Motion carried 5:0. Liquor Control Commission Open Session April 15, 2021 Page 11 SUBJECT DISCUSSION ACTION 5. NEW LIQUOR LICENSE: Motion Mr. Nishimura moved to CLOROSHKO LLC dba PACO'S TACOS CANTINA KAPAA: Application No. 2021-021 was filed accept Application No. on March 20, 2021 by CLOROSHKO LLC dba PACO'S TACOS CANTINA KAPAA for a New 2021-021 Cloroshko LLC Restaurant General (Live entertainment with dancing) license located at 4-1292 Kuhio dba Paco's Tacos Cantina Highway, Kapaa, Kauai, Hawaii. Deposited $450.00. Kapaa for a New Restaurant General (Live entertainment with dancing) schedule for Publication and Public Hearing. Mr. Pacheco seconded the motion. Motion carried 5:0. 6. DISCUSSION AND DECISION -MAKING ON ESTABLISHING A PERMITTED INTERACTION GROUP. THE PURPOSE OF THE GROUP IS TO DRAFT THE GOALS AND OBJECTIVES FOR THE DIRECTOR OF LIQUOR CONTROL Investigator Herman asked if they should be in Executive Session. Mr. Foster replied no, we are just forming the PIG (Permitted Interaction Group) this can be in Open Session. Investigator Herman thanked Mr. Foster. Ms. Ching I requested that this be put on the agenda in view of the Commission's decision regarding hiring of a new Director. When you are ready to do a job performance evaluation, that you have a basis on which to evaluate performance. Liquor Control Commission Open Session April 15, 2021 Page 12 SUBJECT DISCUSSION ACTION So at this point I would be working with the PIG (Permitted Interaction Group) to formulate goals and objectives and report back to the Commission on what those draft goals and objectives recommendations are. Chair Gibson are there any recommendations on who should serve on this Committee. Ms. Ching do you propose three people. Ms. Ching responded it can maximum of three but no more than three. Chair Gibson asked can I assign. Ms. Ching replied yes. Chair Gibson recommended Vice Chair Crowell, Commissioner Nishimura since they did an Motion awesome job and has previous experience and joined by Commissioner Kahawai to form Mr. Pacheco moved to the PIG (Permitted Interaction Group). accept the appointees for the PIG (Permitted Interaction Group) Mr. Crowell, Mr. Nishimura and Mr. Kahawai. Mr. Nishimura 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 Motion (4), the purpose of this Executive Session is for the deliberation and decision -making by the Mr. Pacheco moved to go Commission relating to the recommendations as presented by the Permitted Interaction into Executive Session. Mr. Group on the hiring of a new Director of Liquor Control and other related items, and to Kahawai seconded the consult with its attorney on questions and issues pertaining to the Commission's powers, motion. Motion carried 5:0. duties, privileges, immunities and liabilities as they may relate to this agenda item. Liquor Control Commission Open Session April 15, 2021 Page 13 SUBJECT DISCUSSION ACTION 7. UPDATE, DISCUSSION AND POSSIBLE DECISION -MAKING ON MATTERS 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 @ 11:15 a.m. ROLL CALL FOR THE RETURN TO OPEN SESSION Ms. Ching called roll, noting 4 members were present constituting a quorum. 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 4:0. 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 4:0 At 11:18 a.m. the meeting was adjourned. Liquor Control Commission Open Session April 15, 2021 Page 14 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