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HomeMy WebLinkAbout2021_0506 Liquor Open Session APPROVED.pdfALMilkF IHjj'Q -VE DCOUNTY OF KAUAI � � Minutes of Meeting OPEN SESSION See minutes of 7/22/2021. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date May 6, 2021 Location Tele Conference via Microsoft Teams Audio Start of Meeting: 10:00 a.m. End of Meeting:11:18 a.m. +1469-848-0234, Conference ID: 203 110 06# Tele Chair William Gibson, Vice Chair Dee Crowell Members: Leland Kahawai, Lorna Nishimitsu, Randall Nishimura, Gary Pacheco Present 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 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 6 members were present constituting a quorum. Announcements Next Scheduled Meeting: Thursday, May 20, 2021— 10:00 a.m. via Tele-Conference. Approval of Mr. Pacheco moved to Agenda approve the Agenda. Mr. Kahawai seconded the motion. Motion carried 5:0. Approval of a. Special Session Minutes of February 11, 2021 Mr. Nishimura moved to Minutes b. Executive Session Minutes of February 11, 2021 defer Approval of Minutes: c. Special Session Minutes of February 18, 2021 a. Special Session Minutes d. Executive Session Minutes of February 18, 2021 of February 11, 2021 Liquor Control Commission Open Session May 6, 2021 Page 2 SUBJECT DISCUSSION ACTION b. Executive Session Minutes of February 11, 2021 c. Special Session Minutes of February 18, 2021 d. Executive Session Minutes of February 18, 2021. Mr. Kahawai seconded the motion. Motion carried 5:0. Chair Gibson called for a recess @ 10:04 a.m. Return from recess @ 10:11 a.m. Commissioner Nishimitsu joined the Open Session @ 10:11 a.m. 1. VIOLATION HEARING KALAMA BEACH CORPORATION dba KILAUEA MARKET + CAFE: Violation of Rule 7.8 (a) Manager on duty, qualifications. Acting Director Cecil Baliaris Jr. stated that on April 4, 2021, Inspector Reid Yoshida made an inspection of the licensed premises and there was no Manager on Duty. Chair Gibson is that the complete charges. Acting Director Cecil Baliaris Jr. replied, yes. Chair Gibson asked is the representative for the Kalama Beach Corporation dba Kilauea Market + Cafe present. Liquor Control Commission Open Session May 6, 2021 Page 3 SUBJECT DISCUSSION ACTION Mr. Robert Ueoka, Attorney was present to represent Kalama Beach Corporation dba Kilauea Market + Cafe. He waivered the reading of the charge and enter a plea of No Contest. Chair Gibson asked are you authorized to represent the violator. Mr. Ueoka replied, yes. Chair Gibson asked do you waive the reading of the charges. Mr. Ueoka replied, yes waive reading of the charge. Chair Gibson asked do you admit to the charges. Mr. Ueoka replied, yes we would like to enter a plea of No Contest. Chair Gibson asked Mr. Ueoka do you wish to explain what happened. Mr. Ueoka replied in this matter the employee that had a Manager card, temporarily stepped out for lunch. As a result there was no Manager Card employee on duty on the restaurant premises. Incidentally there was a Manager Card employee for the adjacent retail premises of Kilauea Market + Cafe. In the event we understand the Department's Rules requiring an employee with a Manager Card on both the Restaurant and Retail premises. As a result of this incident and to prevent this from happening again, we did have additional employees obtain Manager Cards. So that way we will always have a Manager Card employee on both the Restaurant and Retail, moving forward. Chair Gibson asked are there any questions by the Commissioners. Hearing none, is there a motion. Liquor Control Commission Open Session May 6, 2021 Page 4 SUBJECT DISCUSSION ACTION Investigator Herman advised Chair Gibson that the Violation Hearing needs to be closed. Mr. Nishimura moved that Kalama Beach Corporation Chair Gibson closed the Violation Hearing for Kalama Beach Corporation dba Kilauea dba Kilauea Market + Cafe Market + Cafe. Commissioners do you have any questions. Hearing none. Are you ready regarding Violation of Rule to make a motion? 7.8 (a) levy a fine of $250.00 of which $150.00 will be suspended provided there is no recurrence of this violation in the next year. Mr. Pacheco seconded the motion. Motion carried 6:0. 2. DIRECTOR'S REPORTS: a) INVESTIGATORS' REPORTS: b) INCOMING COMMUNICATIONS: 1) The Civil Beat -Law Center for Public Interest — Casey Sholi: RE: Sunshine Law Compliance: Timely Posting Minutes on the Internet. 2) Constellation Brands, Inc. Re: Meiomi Luxury Golf Trip Sweepstakes. 3) Constellation Brands, Inc. Re: Corona 2021 New Year Sweepstakes/Instant Win Game. c) OUTGOING COMMUNICATIONS: d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See Attachment "A" e) ACTIONS OF THE DIRECTOR: Liquor Control Commission Open Session May 6, 2021 Page 5 SUBJECT DISCUSSION ACTION 1) CLOROSHKO LLC: Approval of Special 1-Day License Application No. 2021-022 to Cloroshko LLC dba Paco's Tacos Cantina Kapaa for May 5, 2021 No. SG 2021- 03 at 4-1292 KGhi'o Highway, Kapaa, Kauai, Hawaii per floor plan submitted. 2) ROB'S GOOD TIMES GRILL: Approval of Temporary Increase of Premise to include 100 sq. ft. x 10 sq. ft. immediately fronting the restaurant per diagram submitted from May 1, 2021 to July 31, 2021. 3) KAUAI JUNIOR GOLF ASSOCIATION: Approval of a Free One Day Special Dispenser General License No. Free 2021-11 filed on April 22, 2021 by Kauai Junior Golf Association to be held on May 1, 2021 at 4150 Nuhou Street, Lihue, Kauai, Hawaii. 4) THE BEACH HOUSE: Approval of temporary increase of extension to the patio lawn as diagramed. Dates of the extension is approved for June 4,5,8,11,13,14,16,17,18,19,20,21,24,26,27,28,30, 2021 from S:OOpm to 10:OOpm. 5) THE BEACH HOUSE: Approval of temporary increase of extension to the patio lawn as diagramed. Dates of the extension is approved for June 5 & 15, 2021 from 11:OOam to 3:OOpm. 6) THE BEACH HOUSE: Approval of temporary increase of extension to the patio lawn as diagramed. Dates of the extension is approved for June 9, 2021 from 6:30pm to 10:OOpm. 7) THE BEACH HOUSE: Approval of temporary increase of extension to the patio lawn as diagramed. Dates of the extension is approved for June 12 & 23, 2021 from 6:OOpm to 10:OOpm. Mr. Kahawai moved to accept the Directors Report f) INFORMATIONAL MATTERS: a through f. Mr. Pacheco seconded the motion. NOM KAUAI: Thomas Fuguay, President of NOM Kauai deactivated Application # Motion carried 6:0. 2020-078. Liquor Control Commission Open Session May 6, 2021 Page 6 SUBJECT DISCUSSION ACTION 3. CHANGE IN AUTHORIZED AGENT/OFFICERS: Motion #1 a) MNS, LTD.: Deletion of Riki Morimoto as Treasurer, Director, Executive Vice Mr. Pacheco moved to accept MNS, LTD.: deletion of Riki Morimoto as Treasurer, Director, President, and CFO for MNS, Ltd. dba ABC Store License No. 4G-001, 4G-002, 4G-003, Island Country Markets License No. 4G-014, and Sueoka Markets License No. 4G-060. Executive Vice President and CFO for MNS, Ltd. dba ABC Stores License No. 4G- 001, 4G-002, 4G-003, Island Country Markets License No. 4G-014 and Sueoka Markets License No. 4G- 060. Ms. Nishimitsu seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session May 6, 2021 Page 7 SUBJECT DISCUSSION ACTION b) FOODLAND SUPERMARKET, LIMITED: Appointment of Peter James Hamasaki as Motion #2 Vice President and General Counsel. Appointment of John Cox and Stanley Minoru Mr. Nishimura moved to Kuriyama as Directors of Foodland Supermarket, Limited dba Foodland License No. receive the change in 4G-020. Appointment of Peter James Hamasaki Vice President and Counsel and Appointment of Jon Cox and Stanley Minoru Kuriyama as Directors of Foodland Supermarket, Limited dba Foodland License No. 4G-020. Mr. Kahawai seconded the motion. Motion carried 6:0. 4. NEW LIQUOR LICENSE: Motion #1 Mr. Nishimura moved to AINA KAUAI RESTAURANT LLC: Application No. 2021-023 was filed on April 7, 2021 by accept Application No. AINA KAUAI RESTAURANT LLC dba AINA KAUAI RESTAURANT for a New Restaurant 2021-023 Aina Kauai General (No Live entertainment and No dancing) license located at 4-985 Kuhio Highway, Restaurant LLC dba Aina Kapaa, Kauai, Hawaii. Deposited $450.00. Kauai Restaurant for a New Restaurant General, to schedule a Publication and Public Hearing. Mr. Kahawai seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session May 6, 2021 Page 8 SUBJECT DISCUSSION ACTION 5. 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 Chair Gibson asked Mr. Foster does this item need to be taken up in Executive Session. Ms. Ching advised Chair Gibson to defer this item, I haven't had the time to get the PIG (Permitted Interaction Group) together. Commissioner Nishimura asked Chair Gibson for a point of order to advise this is to establish the PIG (Permitted Interaction Group). Ms. Ching apologized and thanked Commissioner Nishimura and advised Chair Gibson you need a discussion and decision making in formulating the PIG (Permitted Interaction Group). Chair Gibson stated, I already appointed the PIG (Permitted Interaction Group). Ms. Ching replied, that's right yes you did. So I would like to go back to my earlier statement to defer. I haven't had the time to get the PIG (Permitted Interaction Group) together. Mr. Nishimura moved to Mr. Foster replied, a motion to defer to the next meeting agenda. defer the Discussion and Decision -Making on establishing a Permitted Interaction Group. Mr. Kahawai seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session May 6, 2021 Page 9 SUBJECT DISCUSSION ACTION 6. UPDATE, DISCUSSION AND POSSIBLE DECISION -MAKING ON MATTERS RELATED TO THE HIRING OF THE DIRECTOR OF LIQUOR CONTROL Chair Gibson asked does this item required to go into Executive Session. Mr. Foster replied if we are discussing matters related to hiring we may go into Executive Session, it kind of hinges on what the specific subject matters going to be. Ms. Ching replied to Chair Gibson, at this point you can let the Department know that the Commission has made a decision and discuss that decision with them. Chair Gibson asked Ms. Ching does this require going into Executive Session. Ms. Ching replied no. Mr. Foster replied this does not need to go into Executive Session. Chair Gibson asked Ms. Ching if she would like to lead the discussion. Ms. Ching replied it would be good for you to make a statement regarding the decision of the Commission. You can also pass it to your Vice Chair. Chair Gibson has nominated Vice Chair Crowell to give the statement. Liquor Control Commission Open Session May 6, 2021 Page 10 SUBJECT DISCUSSION ACTION Vice Chair Crowell the Commission went through a long process in selecting a New Director. We started last year, the previous Director retired at the end of June it's been almost a year. We requested for applicants we had 19 people apply for the position. We went through rounds of essays, questions and two interviews. At the end of that we decided last month or the month before that we had selected Leo Sandoval from Dallas, Texas to be the New Director for the Kauai Liquor Control Department. I think he will do good on Kauai, he has 17 years of law enforcement experience including 10 years with the Texas Alcohol Beverage Control Commission. He has a Master's Degree in Organizational Leadership, a Bachelor's Degree in Social Work among other things. I urge the staff to support him, I think he will do good in Kauai. It will be good to have a Director again and see where his leadership takes us. Commissioner Nishimura replied I would like to echo some of Vice Chair Crowell's comments, it was a real long process going through the initial 19 applicants and dwindling it down to the finalist. It took about 3 to 4 months and wanted to thank the other members of the PIG (Permitted Interaction Group) Vice Chair Crowell and Commissioner Matsunaga for the real hard work in doing this along with Mrs. Kelekoma and Ms. Ching. We are looking forward to getting Mr. Sandoval on Board as soon as possible. Also echoing Vice Chair Crowell's request that the Department extends their arms to welcome Mr. Sandoval into their fold. Chair Gibson thanked Commissioner Nishimura and also echoes' the accolades for the PIG (Permitted Interaction Group), Ms. Ching and Mrs. Kelekoma on the remarkable job that they did. I think we have come up with a very good appointment for our Department. Ms. Ching do we need to formalize this in a memo or will you do that? Ms. Ching responded there is a press release that is being issued this afternoon. Chair Gibson asked do we need to do anymore in this area of communication. Liquor Control Commission Open Session May 6, 2021 Page 11 SUBJECT DISCUSSION ACTION Ms. Ching replied you may discuss when the starting date will be. Chair Gibson replied after the appointment was made the official start date will be June 1, 2021 for processing and June 2, 2021 will be his official day for operations. Commissioner Nishimura asked should the full Commission vote to accept the PIG (Permitted Interaction Group) recommendation to retain Mr. Sandoval or has that already been done. Chair Gibson replied that has already been done, that's a good question. Chair Gibson asked Ms. Ching has the Mayor been apprised of the appointment. Ms. Ching replied, yes he has. Chair Gibson asked are there any further discussion. Commissioner Nishimura replied I don't know if this is the appropriate time to bring this up, because it involves the hiring process, one of the things we would like to see if there is any way to bring the former Director on to provide some kind of introduction and orientation for Mr. Sandoval. It will greatly speed up things in his transition into this role. Would this be something we could discuss at this time Mr. Foster? Mr. Foster replied if we are talking about hiring someone we should go into Executive Session. Vice Chair Crowell asked do the Commission have the authority to hire a consultant? Chair Gibson asked Ms. Ching do you have any information on that. Ms. Ching advised Chair Gibson to entertain a motion to go into Executive Session. Liquor Control Commission Open Session May 6, 2021 Page 12 SUBJECT DISCUSSION ACTION Discussion on Investigator Herman noticed an error in Item #4 that was voted on Aina Kauai Item #4 Restaurant, the wording should be (No Live Entertainment and No Dancing), the agenda says (No Live entertainment with dancing) Mr. Foster do we need to re -visit or is the motion still good. They have already accepted for Publication and Public Hearing. Mr. Foster replied we should re -open the issue. NEW LIQUOR LICENSE: Motion #2 Mr. Nishimura would like to AINA KAUAI RESTAURANT LLC: Application No. 2021-023 was filed on April 7, 2021 by reconsider the decision for AINA KAUAI RESTAURANT LLC dba AINA KAUAI RESTAURANT for a New Restaurant Aina Kauai Restaurant LLC, General (No Live entertainment and No dancing) license located at 4-985 Kuhio Highway, Application No. 2021-023 Kapaa, Kauai, Hawaii. Deposited $450.00. for Publication and Public Hearing. Mr. Kahawai Commissioner Nishimura asked Mr. Foster because the agenda item was with dancing, seconded the motion. are we able to consider it? Motion carried 6:0. Mr. Foster replied you can make changes, when you consider a License you may put conditions that vary. Liquor Control Commission Open Session May 6, 2021 Page 13 SUBJECT DISCUSSION ACTION Motion #3 Mr. Nishimura moved to accept Application No. 2021-023 filed April 7, 2021 for Aina Kauai Restaurant LLC dba Aina Kauai Restaurant for a New Restaurant General License with No Dancing and No live entertainment per the Investigators Report, and to schedule for Publication and Public Hearing. Ms. Nishimitsu seconded the motion. Motion carried 6:0. 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. 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 5:0. 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. At 10:44 a.m. moved into Executive Session. At 10:51 a.m. moved back into Executive Session RETURN TO OPEN SESSION Returned to Open Session @ 11:15 a.m. Liquor Control Commission Open Session May 6, 2021 Page 14 SUBJECT DISCUSSION ACTION ROLL CALL FOR THE RETURN TO OPEN SESSION Acting Director Cecil Baliaris Jr. called roll 5 members online, constituting a quorum. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION No actions taken. 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). Adjournment With no further business to conduct, Chair Gibson called for a motion and a second to adjourn the meeting. Mr. Pacheco moved to adjourn the Meeting. Mr. Kahawai seconded the motion. Motion Carried 5:0 At 11:18 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