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HomeMy WebLinkAbout2021_1028 Liquor Open Session APPROVED.pdfALWitF PR1(k1 E DCOUNTY OF KAUAI ��J � � Minutes of Meeting OPEN SESSION See Open Session minutes of 11-12-21. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date October 28, 2021 Location Tele Conference via Microsoft Teams Audio +1469-848-0234, Conference ID: 762 563 025# https://bit.ly/3irVM44 Start of Meeting: 4:00 p.m. End of Meeting: 5:16 p.m. Tele Present Chair William Gibson, Vice Chair Dee Crowell Members: Leland Kahawai, Lorna Nishimitsu, Randy Nishimura, Gary Pacheco, Tess Shimabukuro Also: Liquor Control Staff: Director Leo Sandoval, Liquor Clerical Assistant Malialani TM Kelekoma; Ellen Ching Administrator Boards & Commission, Deputy County Attorney Charles Foster Excused 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 Nishimitsu was not present at the time of Roll Call. Commissioner Nishimitsu entered meeting at 4:02 p.m. C. ANNOUNCEMENTS: Liquor Control Commission Open Session October 28, 2021 Page 2 SUBJECT DISCUSSION ACTION Next Scheduled Meeting: Friday, November 12, 2021— 4:00 p.m. or shortly thereafter. D. APPROVAL OF AGENDA Motion: Mr. Pacheco moved to approve the agenda. Mr. Kahawai seconded the motion. Motion carried 7:0. E. APPROVAL OF MINUTES: Motion #1: Mr. Nishimura moved to 1. Open Session Minutes of September 9, 2021 approve Open Session Minutes of September 9, Corrections: 2021, with corrections as Correction on page 22 Line 8 - 89 "day" instead of "they" noted by the Director. Mr. Pacheco seconded the Correction on page 23 Line 8 "the" instead of "they're". motion. Motion carried 7:0. Correction on page 25 Line 14 as the Element XS system and Access Correction on Line 24 Access Commission 2. Open Session Minutes of September 23, 2021 Motion #2 Mr. Nishimura moved to approve Open Session Minutes of September 23, 2021. Mr. Pacheco seconded the motion. Motion carried 7:0. Liquor Control Commission Open Session October 28, 2021 Page 3 SUBJECT DISCUSSION ACTION F. PUBLIC HEARING: Motion: Mr. Nishimura moved to 1. ET & WT LLC dba KENJI BURGER KOLOA: Application No. 2022-006 was filed on July approve ET & WT LLC dba 16, 2021, by ET & WT LLC dba Kenji Burger Koloa for a New Restaurant General B Kenji Burger Koloa License (With Live Entertainment and Dancing) located at 5404 Koloa Road, Koloa, Application No.2022-006 Kauai, Hawaii. The Commission accepted Application No. 2022-006 for publication and for a New Restaurant public hearing on August 26, 2021 and ordered to print notice of public hearing in The General B License (With Garden Island newspaper on Wednesday, September 1st and September 8th, 2021, Live Entertainment and scheduling the public hearing on October 28, 2021, at 4:00 p.m. or shortly thereafter Dancing). Mr. Kahawai via Microsoft Teams conferencing only. seconded the motion. Motion carried 7:0. Chair Gibson opened the Public Hearing for ET & WT LLC dba KENJI BURGER KOLOA Application No. 2022-006. There was no one in the public that testified on behalf of the applicant. Mr. Tanigawa Owner of Kenji Burger Koloa was present. He received the Investigator's Roll Call Vote: Report and had no questions or comments. Shimabukuro — Aye Pacheco— Aye Chair Gibson closed the Public Hearing for Application No. 2022-006. Nishimura —Aye Nishimitsu —Aye Kahawai — Aye Crowell — Aye Gibson - Aye Liquor Control Commission Open Session October 28, 2021 Page 4 SUBJECT DISCUSSION ACTION 2. KOLOA PIZZA KITCHEN + BAR LLC dba KOLOA PIZZA KITCHEN + BAR: Application No. Motion: 2022-007 was filed on August 13, 2021, by Koloa Pizza Kitchen + Bar LLC dba Koloa Mr. Nishimura moved to Pizza Kitchen + Bar for a New Restaurant General B License (With Live Entertainment approve Koloa Pizza Kitchen and No Dancing) located at 5408 Koloa Road, Unit 04-01, Koloa, Kauai, Hawaii. The + Bar dba Koloa Pizza Commission accepted Application No. 2022-007 for publication and public hearing Kitchen + Bar, Application on August 26, 2021, and ordered to print notice of public hearing in The Garden Island No.2022-007 for a New newspaper on Wednesday, September 15Y and September 8th, 2021, scheduling the Restaurant General B public hearing on October 28, 2021, at 4:00 p.m. or shortly thereafter via Microsoft License (With Live Teams conferencing only. Entertainment and Dancing). Mr. Kahawai Chair Gibson opened the Public Hearing for KOLOA PIZZA KITCHEN + BAR LLC dba KOLOA seconded the motion. PIZZA KITCHEN + BAR Application No. 2022-006. There was no one in the public that Motion carried 7:0. testified on behalf of the applicant. Mr. Dan Metsch Owner of Koloa Pizza Kitchen + Bar was present. He received the Roll Call Vote: Investigator's Report and had no questions or comments. Shimabukuro — Aye Pacheco— Aye Chair Gibson closed the Public Hearing for Application No. 2022-007. Nishimura — Aye Nishimitsu —Aye Kahawai — Aye Crowell — Aye Gibson - Aye Liquor Control Commission Open Session October 28, 2021 Page 5 SUBJECT DISCUSSION ACTION G. DIRECTOR'S REPORTS: Motion: Ms. Nishimitsu move to 1. DIRECTOR REPORT: accept the Director's Report G. 1. a through 3. a. Ms. a. October 8, 2021— October 21, 2021 Nishimitsu seconded the motion. Motion carried 7:0. 2. INVESTIGATORS ACTIVITY REPORTS: 3. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" Summary: Commissioners had questions regarding the OIP/UIPA Law Offices of Goodsill, Anderson, Quinn and Stifel. This item was referred to the Deputy County Attorney Mr. Foster. H. NEW LICENSE: Motion: Mr. Nishimura moved to a. UNCLE D'S ENTERPRISES LLC dba UNCLE D'S KAUAI: UNCLE D'S ENTERPRISES dba accept New License for UNCLE D'S KAUAI filed Application No. 2022-010 on May 10, 2021, for a New Retail Uncle D's Enterprises LLC General License located at 3501 Rice Street, Lihue, Kauai, Hawaii. Deposited $450.00. dba Uncle D's Kauai Application No. 2022-010 for a New Retail General License for Publication and Public Hearing. Mr. Pacheco seconded the motion. Liquor Control Commission Open Session October 28, 2021 Page 6 SUBJECT DISCUSSION ACTION Motion carried 7:0. I. VIOLATION REPORT: Motion: Mr. Nishimura moved to 1. TRUJILLO dba OLYMPIC CAFE: Violation of Rule 7.8 Manager on duty, qualifications. accept Violation Report and to schedule a Violation Hearing for Trujillo dba Olympic Cafe, Violation of Rule 7.8 Manager on duty, qualifications Mr. Pacheco seconded the motion. J. CHANGE IN OFFICERS/DIRECTORS: Motion: Mr. Nishimura moved to 1. QSI, INC.: Deletion of Yasuyuki Sakamoto as Director for QSI, Inc., dba Big approve Change in Save Eleele (4G-007), Big Save Hanalei (4G-008), Big Save Kapaa (4G-009), Big Save Officers/Directors for QSI, Waimea (4G-012), and Times Supermarket (4G-058). INC. deletion of Yasuyuki Sakamoto as Director for QSI, Inc., dba Big Save Eleele (4G-007), Big Save Hanalei (4G-008), Big Save Kapaa (4G-009), Big Save Waimea (4G-012), and Times Supermarket (4G- 058). Mr. Pacheco seconded the motion. Motion carried 7:0. Liquor Control Commission Open Session October 28, 2021 Page 7 SUBJECT DISCUSSION ACTION K. REQUEST FOR PUBLIC HEARING ON PROPOSED AMENDMENTS TO RULES AND Motion: REGULATIONS Mr. Nishimura moved to approve Public Hearing for Proposed Amendments to Summary: Rules and Regulations. Mr. Suggestions and additions to the rules as requested by the Commission has been added to the Pacheco seconded the agenda for the Small Business regulatory. The Regulatory Review Board passed, and we may motion. Motion carried 7:0. proceed to a Public Hearing. L. EXECUTIVE SESSION: Pursuant to HRS §92-4, §92-5(a)(4), §92-9(a)(1-4) and (b), the purpose of this Executive Session is for Commission to approve or amend the Executive Session Minutes of March 26, 2021, October 14, 2021 and to 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 item. 1. APPROVAL OF MINUTES: a. Executive Session Minutes of March 26, 2021 b. Executive Session Minutes of October 14, 2021 M. RETURN TO OPEN SESSION Commissioners returned to Open Session at 5:14 p.m. N. ROLL CALL FOR THE RETURN TO OPEN SESSION Director Leo Sandoval called roll, noting 5 members were present via Tele-Conference constituting a quorum. Commissioner Nishimura and Commissioner Kahawai was not present. Liquor Control Commission Open Session October 28, 2021 Page 8 SUBJECT DISCUSSION ACTION O. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION Motion: Mr. Crowell moved to ratify the actions taken in Executive Session. Mr. Pacheco seconded the motion. Motion passed 5:0. P. EXECUTIVE SESSION: 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) Q. ADJOURNMENT Motion: Mr. Crowell moved to adjourn the meeting. Mr. Pacheco seconded the motion. Motion carried 5:0. Meeting ended @ 5:16 p.m. Submitted by: Malialani TM Kelekoma, Liquor Clerical Assistant Reviewed and Approved by: William Gibson, Chair Liquor Control Commission Open Session October 28, 2021 Page 9 ( ) Approved as circulated. (X) Approved with amendments. See minutes of 11/12/21 meeting.