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HomeMy WebLinkAbout2021_1014 Liquor Open Session APPROVED.pdf��JJAPPRIV I ELD COUNTY OF KAUAI � JJ Minutes of Meeting OPEN SESSION See Open Session minutes of 11-12-21. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date October 14, 2021 Location Tele Conference via Microsoft Teams Audio Start of Meeting: 4:00 p.m. End of Meeting:5:47 p.m. +1469-848-0234, Conference ID: 441 228 033# https://bit.ly/ zl54J0 Tele Chair William Gibson, Vice Chair Dee Crowell Members: Lorna Nishimitsu, Randy Nishimura, Gary Pacheco, Tess Shimabukuro Also: Present Liquor Control Staff: Director Leo Sandoval, Liquor Clerical Assistant Malialani TM Kelekoma; Ellen Ching Administrator Boards & Commission, Deputy County Attorney Charles Foster Excused Leland Kahawai Absent SUBJECT DISCUSSION ACTION A. CALL TO ORDER Chair Gibson called meeting to order 4:00 p.m. B. ROLL CALL Director Leo Sandoval called roll, noting 6 members were present via Tele-Conference constituting a quorum. Commissioner Kahawai is excused. C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, October 28, 2021— 4:00 p.m. or shortly thereafter. Liquor Control Commission Open Session October 14, 2021 Page 2 SUBJECT DISCUSSION ACTION D. APPROVAL OF AGENDA Motion: Mr. Nishimura moved to Corrections to agenda: approve the agenda with 1. Application No. 2022-005 line #4 the Application Number does not match. Change to reflect amendments. Mr. Pachecoseconded the motion. 2022- 005 the same as the first line. Motion carried 6:0. 2. K. 1 Line #3 BAMF LLC Batters should read no live entertainment and no dancing. 3. Item N. 1. c. correction (love) should be live. 4. Footer of the document from page 2 to 7 reflects September 23rd and that should reflect today's date of October 14th. Commissioner Nishimura entered the meeting at 10:04 a.m. E. APPROVAL OF MINUTES: Motion: Mr. Nishimura moved to 1. Open Session Minutes of August 12, 2021 approve Open Session 2. Open Session Minutes of August 26, 2021 Minutes of August 12 and 3. Open Session Minutes of September 9, 2021 August 26, 2021, and defer 4. Open Session Minutes of September 23, 2021 the actions of September 9t" and September 23rd Commissioner Nishimura recommended revisions for the Secretary and Staff to revisit pages 2021. Mr. Pacheco 19 through 28. The September 9th meeting there seems to be a lot of typos and possible seconded the motion. errors in there. For the minutes of September 23rd, 2021 need to review the discussion Motion carried 6:0. regarding the rules it did not make sense to me and request they review the minutes before sending them out internally. Liquor Control Commission Open Session October 14, 2021 Page 3 SUBJECT DISCUSSION ACTION Commissioner Nishimitsu requested the minutes for September 9th on page 13 at the top line (7) it has the phrase poison life supremacist. Should be Employees in Licensed Premises. F. PUBLIC HEARING: Motion: Mr. Nishimura moved to 1. KIIBO LLC dba KIIBO: Application No. 2022-005 was filed on July 15, 2021 by KIIBO LLC approve Application No. dba Kiibo for a New Restaurant General license (Live Music, with No Dancing) located 2022-005 Kiibo LLC dba at 2991 Umi Street, Lihue, Kauai, Hawaii. The Commission accepted Application No. Kiibo for a New Restaurant 2022-005 for publication and public hearing on August 12, 2021 and ordered to print General license (Live Music notice of public hearing in The Garden Island newspaper on Wednesdays, August 18, with No Dancing). Mr. and August 25, 2021, scheduling the public hearing on October 14, 2021, at 4:00 p.m. Pacheco seconded the or shortly thereafter via Microsoft Teams conferencing only. motion. Motion carried 6:0. Chair Gibson opened the Public Hearing for Kiibo Restaurant Application No. 2022-005. Is there a Department Report on this application? Is someone representing the applicant and if Roll Call Vote: he received a copy of the Investigator's Report and are there any questions? Shimabukuro — Aye Pacheco —Aye co Mr. Kevin Exabe Manager was present to represent Kiibo LLC dba Kiibo. He responded yes to Nishi —Aye the Investigator's Report and did not have any questions. Nishimura — Aye Vice Chair Crowell —Aye Chair Gibson asked are there any questions. Hearing none. The Public Hearing is closed for Chair Gibson - Aye Application No. 2022-005. Liquor Control Commission Open Session October 14, 2021 Page 4 SUBJECT DISCUSSION ACTION 2. THE ODOM CORPORATION dba THE ODOM CORPORATION: Application No. 2022-009 Motion: was filed on July 26, 2021 by THE ODOM CORPORATION dba THE ODOM Mr. Nishimura moved to CORPORATION for a transfer of Wholesale Dealer General No. 3G-007 from Anheuser- approve Application No. Busch Sales of Hawaii, Inc. dba Anheuser-Busch Sales of Hawaii. The Odom Corporation 2022-009 for the Odom located at 2955 Waapa Road, Lihue, Kauai, Hawaii. The Commission accepted Corporation dba The Odom Application No. 2022-009 for publication and public hearing on September 9, 2021 and Corporation for transfer of ordered to print notice of public hearing in The Garden Island newspaper on Wholesale Dealer General Wednesday, September 15, 2021, scheduling the public hearing on October 14, 2021, No. 3G-007 from Anheuser- at 4:00 p.m. or shortly thereafter via Microsoft Teams conferencing only. Busch Sales of Hawaii, Inc. dba Anheuser-Busch Sales of Hawaii not sooner than Chair Gibson opened the Public Hearing for The Odom Corporation dba The Odom October 29, 2021. Mr. Corporation Application No. 2022-009. Is there a Department Report on this application? Pacheco seconded the motion. Motion carried 6:0. Mr. Kenneth G.K.Hoo Counsel was present to represent the applicant along with Mr. Dana Leslie, CFO of the applicant. We have received a copy of the Investigator's Report and have no comments. Roll Call Vote: Shimabukuro — Aye Chair Gibson asked the Commissioners are there any other questions. Hearing none the Pacheco— Aye Public Hearing for Application No. 2022-009 is now closed. Nishimura —Aye Nishimitsu —Aye Crowell — Aye Gibson — Aye Liquor Control Commission Open Session October 14, 2021 Page 5 SUBJECT DISCUSSION ACTION G. VIOLATION HEARING: Motion #1: Ms. Nishimitsu move that 1. BRICK OVEN PIZZA KALAHEO, INC.: Violation of Rule 7.8 Manager on duty, the Commission agree to qualifications. impose a fine of $500.00 for the violation. Mr. Pacheco a. Brick Oven Pizza is licensed as a restaurant permitted to sell liquor for on- seconded the motion. premises consumption. Ms. Nishimitsu removed b. On September 3, 2021, at 6:34 P.M. Investigator Yoshida was conducting a her motion. normal inspection at the licensee. At the time of the inspection Investigator Mr. Pacheco removed his Yoshida noted there were approximately fifteen patrons inside of the second. establishment. When Investigator Yoshida asked to speak with a Blue Card Manager, he was informed that there was not one on duty, but they could be contacted by phone. Investigator Yoshida also confirmed with the establishments work schedule that there was not a Blue Card Manager scheduled. C. Rule 7.8 Manager on duty, qualifications (a) states: a person who is not less Motion #2 than twenty-one years of age and who is duly registered by the licensee as a Commissioner Nishimura as manager and approved by the commission must be in active charge of any on recommended by the premises establishment at all times when there is anyone who is not an Director I moved that we employee in the premises. impose a fine of $500.00 and suspend $250.00 of the d. Prior violation history within a 12-month period includes: None fine provided they do not have a recurrence of this in the next 12 months. Mr. Pacheco seconded the motion. Liquor Control Commission Open Session October 14, 2021 Page 6 SUBJECT DISCUSSION ACTION Summary: Roll Call Vote: Shimabukuro — Aye Ms. Kimberly Gummerus, Manager of Brick Oven Pizza was present to represent Brick Oven Pizza. She Pacheco— Aye was not represented by Counsel, she swore to tell the truth. She understood and admitted to the Nishimura —Aye charges for Rule 7.8 manager on duty qualifications. She explained she was on vacation and on her Nishimitsu —Aye return she got sick and had to do a COVID test and didn't return to work to the 6th. While I was on Crowell — Aye vacation and I was supposed to be back on the first but I got sick had to do a COVID test and I didn't Gibson — Aye return to work to the 6. Manager on duty for the night made his own switch on the schedule without notifying her, with someone who did not have a Blue Card. That is no excuse, and the employee is no longer working with them. Recommendations from Department is that this, violation on this particular location has not had a history within 12 months, the standard fine charge of $500.00. Details of this discussion are available upon request. H. DIRECTOR'S REPORTS: Motion: 1. DIRECTOR REPORT: Mr. Pacheco moved to accept the Directors Report a. September 24 - October 7, 2021 of September 24th to October 7thto include 1. a. 2. INVESTIGATORS ACTIVITY REPORTS: through 3. a. Mr. Nishimura seconded the motion. 3. EMPLOYEES IN LICENSED PREMISES: Motion carried 6:0. a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment „A„ Details of this discussion are available upon request. Liquor Control Commission Open Session October 14, 2021 Page 7 SUBJECT DISCUSSION ACTION I. ACTIONS OF THE DIRECTOR: Motion: Ms. Nishimitsu moved to 1. HOLLAND AMERICA LINE N.V.: Approval of One Day Transient Vessel License for accept the Actions of the the vessel ms Zuiderdam, which will arrive at Nawiliwili Harbor, Pier 2, Director for Holland on December 15, 2021 8:00 a.m. and depart on the same day at 6:00 p.m. America Line N.V. Mr. Pacheco seconded the motion. Motion carried 6:0. J. INFORMATIONAL MATTERS: 1. Letter from Charter Review Commission —Proposed Amendments Motion: Summary: Mr. Nishimura moved to receive the Letter from the Forward ballot questions to the Council by June. For proposals, a simple one paragraph Charter Review Commission explanation of what you want change and why you want to change it, forward to Charter for any Proposed Review Commission. Once they have that on the agenda, they will ask someone from the Amendments. Ms. Commission to appear to provide more explanation. They will determine whether to move Nishimitsu seconded the motion. Motion carried 6:0. anyone of them forward. They would be requesting detailed explanation and the Ramseyer a format of what you want to change. K. NEW LICENSE: 1. BAMF LLC dba BATTERS UP: Application 2022-008 was filed on August 5, 2021, by BAMF LLC dba Batters Up for a New Restaurant General (A) (No Live entertainment and no dancing) license located at 1639 Haleukana Street, Lihue, Kauai, Hawaii. Deposited $450.00 Liquor Control Commission Open Session October 14, 2021 Page 8 SUBJECT DISCUSSION ACTION Director Leo Sandoval stated BAMF LLC dba Batters Up Application No.2022-008 was filed on Motion: August 5th, 2021, by BAMF LLC dba Batters for a New Restaurant General (A) (No Live Mr. Nishimura moved to entertainment and no dancing) license located at 1639 Haleukana Street, Lihue, Kauai, Hawaii accept Application No. Deposited $450.00. Chair Gibson if there's no discussion item K. 1. License for BAMF LLC dba 2022-008 for BAMF LLC dba Batters Up, can be accepted with a motion do so for Publication and Public Hearing. Batters Up for a New Restaurant General (No Live entertainment and no dancing) for Publication and Public Hearing. Mr. Pacheco seconded the motion. Motion carried 6:0. L. PERMANENT INCREASE: Motion #1: Mr. Nishimura moved to 1. SGF CORP dba ROB'S GOOD TIMES GRILL: Request for permanent increase of premises approve SGF Corp dba to add permanent outdoor seating approximately 100' X 10' encompassing the Rob's Good Times Grill sidewalk area immediately in front of Rob's Good Times Grill for table dining. The use request for Permanent of this additional area is to expand seating. The appropriate staff as well as the outdoor seating expansion manager on duty will monitor all areas. 100 feet by 10 feet as stated in their application. Commissioner Nishimura rescind his motion. Ms. Nishimitsu seconded Commissioner Nishimitsu rescind her second. the motion. Summary: Concerns from the Commission ADA (Americans with Disabilities Act) how they will address it. 1. Is there space between the tables and the sidewalk? 2. Will the Commission be liable forgiving them an extension of premises? 3. COVID expansions were permitted. 4. Upon approval to comply with State, Federal and County requirements. Liquor Control Commission Open Session October 14, 2021 Page 9 SUBJECT DISCUSSION ACTION Motion #2 Mr. Nishimura moved to approve the permanent increase request for SGF Corp dba Rob's Good Times Grill and to reference Rule 2.5 (K) in the approval letter. Mr. Pacheco seconded the motion. Motion carried 6:0. M. REQUEST TO REMOVE LICENSE FROM SAFEKEEPING: Motion: Mr. Nishimura moved to 1. DHC Food & Beverage dba The Market: approve the removal of Licenses from Safekeeping. a. DHC Food & Beverage Corporation dba The Market is requesting to remove Mr. Pacheco seconded the their license from safekeeping. motion. Motion carried 6:0. b. License No. 4G-038 was placed in safekeeping during the time of renovations being done to the licensed premises. Those renovations are now completed. c. Hawaii Revised Statutes — HRS 281-41 (k) states: (k) The Conversion of an entity into any other form of entity or the merger of any entity shall not be deemed a transfer of the license; provided that the licensee, prior to the date of the conversion or merger, shall apply for and secure the approval of the Commission without any requirement for publication of notice. The foregoing shall not preclude compliance with subsection (d) upon a change in any of the partners or members, or with subsection (j) upon change of any shareholders, officers, or directors of any entity occurring concurrently with a conversion or merger. Liquor Control Commission Open Session October 14, 2021 Page 10 SUBJECT DISCUSSION ACTION N. 90 DAY TRIAL PERIOD: Motion: Mr. Nishimura moved to 1. Request for a one-time 90-day trial period to provide live entertainment. approve 90-day trial for Tru Protection, Inc. dba a. Tru Protection, Inc. dba Japanese Grandma's Cafe License No. 2G-036, currently Grandma's Cafe license No. holds a Restaurant General License with no live entertainment and no dancing. 2G-036. Mr. Pacheco b. True Protection, Inc dba Japanese Grandma's Cafe is requesting a one-time 90- seconded the motion. day trial period to provide live entertainment starting October 15, 2021. Motion carried 6:0. c. HRS 281-47 Standard bar; music and dancing available. States Any standard bar establishment may provide facilities for dancing patrons, including a dance floor and love or recorded music, if establishment is located in a commercial district and obtains the approval of the Commission to provide such services on a one- time trial basis to exceed ninety days, provided that the music and dancing shall be allowed only during the trial period. d. Tru Protection, Inc. dba Japanese Grandma's Cafe is currently in the process to change the Class and Kind of the existing license from Restaurant General Class A no live entertainment and no dancing to Restaurant General Class B live entertainment and dancing. O. AUTHORIZED AGENT: Motion: Mr. Nishimura moved to 1. MPK MANAGEMENT COMPANY LLC dba BEACH HOUSE RESTAURANT: Authorization MPK Management for Robert Arthur Ueoka as the attorney and Authorized Agent for MPK MANAGEMENT Company LLC DBA Beach COMPANY LLC dba Beach House Restaurant for Restaurant General Liquor License No. House restaurant 2G-045 located at 5022 Lawai Road, Koloa, Kauai, Hawaii. authorization for Robert Arthur Ueoka as the Attorney and Authorized agent for NPC Management company LLC DBA Beach Liquor Control Commission Open Session October 14, 2021 Page 11 SUBJECT DISCUSSION ACTION House restaurant. Mr. Pacheco seconded the motion. Motion carried 6:0/ P. NEW SOLICITOR'S PERMIT: Motion: Mr. Nishimura moved to 1. MASAKI MIYAZAWA: Application No. 2022-019 was filed on September 30, 2021, approve Application No. by Masaki Miyazawa for a Solicitor's Permit in the County of Kauai to 2022-19 for a New represent Wismettac Asian Foods, a Wholesale Dealer General licensee in the City & Solicitor's Permit for Masaki County of Honolulu. Deposited $180. Miyazawa. Mr. Pacheco seconded the motion. Motion carried 6:0. Q. DISPOSITION OF AMOUNT FINE HELD N SUSPENDED STATUS (9/23/2021): Motion: Ms. Nishimitsu moved to 1. Viva Kai LLC dba Kai Bar Coffee Roasters: Discussion and possible decision making on instruct the Director to the collection of the fine amount held in suspended status from June 17t", 2021 collect the suspended Commission hearing on a violation that originally occurred on May 28t", 2021 with portion for the fine that conditions set. (Continued from 9/23/2021 Commission Meeting) was imposed for the event of May 28th, 2021. Mr. Summary: Pacheco seconded the motion. Motion carried 6:0. 1. Viva Kai LLC dba Kai Bar Coffee Roasters, collect amount of fine held in suspended status: a. 151 occurrence on May 28, 2021 b. 2nd occurrence on June 8t", 2021 Liquor Control Commission Open Session October 14, 2021 Page 12 SUBJECT DISCUSSION ACTION R. 2021 PROPOSED RULE AMENDMENTS FOR COMMISSION REVIEW (9/23/2021): Motion: Mr. Nishimura moved to Summary: receive the 2021 Proposed Amendments. Ms. 1. Chart of fines be adopted by the Commission or internally by the Department. Nishimura seconded the In the rule amendments would there be maximums for the first, second and motion. Motion carried 6:0. third violation maximum. It Does the Commission have the discretion to impose less, and to be part of rulemaking after public notice to the public. 2. Director Leo Sandoval will start a second set of rules and start the process again. S. EXECUTIVE SESSION: Motion: Pursuant to HRS §92-4, §92-5(a)(4), §92-9(a)(1-4) and (b), the purpose of this Executive Mr. Pacheco moved to go Session is for Commission to approve or amend the Executive Session Minutes of into Executive Session. Ms. August 12, 2021, August 26, 2021, September 9, 2021 and to consult with its attorney Nishimitsu seconded the on questions and issues pertaining to the Commission's powers, duties, privileges, motion. Motion carried 6:0. immunities, and liabilities as they may relate to this item. 1. APPROVAL OF MINUTES: a. Executive Session Minutes of August 12, 2021 b. Executive Session Minutes of August 26, 2021 c. Executive Session Minutes of September 9, 2021 Pursuant to HRS §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 HRS §92-5(a). Liquor Control Commission Open Session October 14, 2021 Page 13 SUBJECT DISCUSSION ACTION T. RETURN TO OPEN SESSION Commissioner's return to Open Session @ 5:45 p.m. U. ROLL CALL FOR THE RETURN TO OPEN SESSION Director Leo Sandoval called roll, noting 6 members were present via Tele-Conference constituting a quorum. V. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION Motion: Mr. Nishimura moved to ratify the actions taken in Executive Session. Ms. Shimabukuro seconded the motion. Motion carried 6:0. W. ADJOURNMENT Motion: Mr. Pacheco moved to With no further business to conduct, Chair Gibson called for a motion and a second to adjourn adjourn the meeting. Mr. the meeting. Nishimura seconded the motion. Motion carried 6:0. Meeting adjourned @ 5:47 p.m. Liquor Control Commission Open Session October 14, 2021 Page 14 Submitted by: Reviewed and Approved by: Malialani TM Kelekoma, Liquor Clerical Assistant William Gibson, Chair () Approved as circulated. (X) Approved with amendments. See minutes of 11-12-21 meeting.