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Home My WebLink About2021_1112 Liquor Open Session APPROVED.pdfCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION AIPF IR'0V E J Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date November 12, 2021 Location Tele Conference via Microsoft Teams Audio Start of Meeting: 4:01 p.m. End of Meeting: 5:16 p.m. +1469-848-0234, Conference ID: 762 563 978# https://bit.ly/3ExBuhm Tele Chair William Gibson, Vice Chair Dee Crowell Members: Leland Kahawai, Lorna Nishimitsu, Randy Nishimura, Gary Pacheco, Tess Present 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 4:01 p.m. B. ROLL CALL Director Leo Sandoval called roll, noting 7 members were present via Tele-Conference constituting a quorum. C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, December 9, 2021— 4:00 p.m. or shortly thereafter. Commissioner Kahawai stated that he will not be attending the December 9, 2021 meeting. D. APPROVAL OF AGENDA Motion: Mr. Pacheco moved to approve the agenda. Mr. Kahawai seconded the Liquor Control Commission Open Session November 12, 2021 Page 2 SUBJECT DISCUSSION ACTION motion. Motion carried 7:0. E. APPROVAL OF MINUTES: Motion: Mr. Pacheco moved to 1. Open Session Minutes of October 14, 2021 accept the Open Session Corrections: Minutes of October 14 and Page 1, remove Leland Kahawai from present to excused. October 28, 2021, with Page 6, line #2 change to swore. corrections. Ms. Nishimitsu Line #6 change to own. seconded the motion. Recommendation: $250.00 to be suspended with the conditions that there is Motion carried 7:0. no reoccurrence. 2. Open Session Minutes of October 28, 2021 Page 1, remove Leland Kahawai from present to excused. F. DIRECTOR'S REPORTS: Motion: Mr. Nishimura move to 1. DIRECTOR REPORT: approve the Director's a. October 22, 2021— November 3, 2021 Report F. 1. a through 3. a. Mr. Pacheco seconded the 2. INVESTIGATORS ACTIVITY REPORTS: motion. Motion carried 7:0. 3. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" G. ACTIONS OF THE DIRECTOR 1. TEMPORARY INCREASE/EXTENSION TO PREMISES a. SUGUHARA RANCH INC. dba THE DOLPHIN POIPU: Approval of Temporary Increase of Liquor Control Commission Open Session November 12, 2021 Page 3 SUBJECT DISCUSSION ACTION Premises to include their lanai area as a Beer Garden and Wine Bar per diagram submitted for a Culinary Market to be issued for use on every Wednesday beginning, November 3, 2021 through January 26, 2022 from 3:30 p.m. To 6:30 p.m. Applicant has met all requirements and clearances obtained with Department of Health, Building Motion #1: Division and Planning Department. Mr. Nishimura moved to 2. TRANSIENT VESSEL: accept the Temporary Increase/Extension of a. PRINCESS CRUISE LINES, LTD.: Approval of One Day Transient Vessel License for Premises for Suguhara the vessel Grand Princess, on December 25, 27, 31, 2021, January 1, 11, 26, 2022, Ranch Inc. dba The Dolphin February 19, 2022, March 16, 2022, and April 11, 2022. The vessel will be departing on Poipu. Mr. Pacheco the same days stated at 5:00pm. seconded the motion. b. PRINCESS CRUISE LINES, LTD.: Approval of One Day Transient Vessel License for the Motion carried 7:0. vessel Island Princess, on January 25, 2022. The vessel will be departing on the same day at 5:00pm. Motion #2 Mr. Nishimura moved to C. PRINCESS CRUISE LINES, LTD. Approval of One Day Transient Vessel License for the accept the Actions of the vessel Ruby Princess, on December 13, 25, 29, 31, 2021, January 1 and 24, 2022, February 16, 2022, and April 2, 2022. The vessel will be departing on the same days Director: 2. Transient stated at 5:00pm Vessel. Mr. Pacheco seconded the motion. d. PRINCESS CRUISE LINES, LTD: Approval of One Day Transient Vessel License for the Motion carried 7:0. vessel Sapphire Princess, on April 23, 2022. The vessel will be departing on the same day at 5:00pm. e. PRINCESS CRUISE LINES, LTD: Approval of One Day Transient Vessel License for the vessel Coral Princess, on April 27, 2022. The vessel will be departing on the same day at 5:00pm. Liquor Control Commission Open Session November 12, 2021 Page 4 SUBJECT DISCUSSION ACTION Summary: Director Leo Sandoval did research and checked to see if the Transient Vessels contribute or report the percentage fees to the Department. Consulted with Neighbor Islands and they do not contribute to the percentage fees. The only time that they contribute if they seek out an annual license. They choose to opt in for a one day pass as they are not operating 365 days a year. As a result, they do a $33.00 per visit. Any other changes will be through HRS (Hawaii Revised Statues) on types of rules. He will check with Homeland Security regarding boarding vessels. There were questions regarding jurisdiction and statutory licenses. Mr. Foster quoted HRS 281-31 (h) - Class 8. Transient vessel license. A general license may be granted to the owner of any vessel for the sale of liquor other than alcohol on board the vessel while en route within the jurisdictional limits of the State and within any port of the State. Sales shall be made only for consumption by passengers and their guests on board the vessel. The license shall be issuable in each county where the sales are to be made; provided that the application for the license may be made by any agent representing the owner. H. NEW LICENSE: 1. TRU PROTECTION, INC. dba JAPANESE GRANDMA'S CAFE: Application No. 2022- Motion #1: 012 was filed on October 5, 2021 by Tru Protection dba Japanese Grandma's Mr. Nishimura moved to Cafe for a New Restaurant General B (With Live Entertainment and Dancing) approve accept Tru License located at 3871 Hanapepe Road, Kauai, Hawaii. Deposited $450.00. Protection, INC. dba Japanese Grandma's Cafe Application 2022-012 for a New Restaurant General B (With Live Entertainment and Dancing) schedule for Publication and Public Hearing. Mr. Kahawai Liquor Control Commission Open Session November 12, 2021 Page 5 SUBJECT DISCUSSION ACTION seconded the motion. Motion carried 7:0. 2. HOMETOWN CANTEEN LLC. dba MUCHO ALOHA KOLOA: filed Application No. Motion #2 2022-034 on April 6, 2021 for a New Brew Pub B (With Live Entertainment and Mr. Nishimura moved to Dancing) License located at 5330 Koloa Rd, Suite 13-1, Koloa, Kauai, Hawaii. accept Application No. Deposited $450.00. 2022-034 for Hometown Summary: Director Leo Sandoval commented the Department of Health will not issue a Canteen LLC. dba Mucho certificate until they are up and operational. Mr. Foster quoted HRS 281-57 regarding to a Aloha Kauai schedule for Preliminary Hearing. Request that there be no preliminary hearing. A reasonable condition can Publication and Public be put into place. Hearing. Ms. Nishimitsu seconded the motion. Motion carried 7:0. I. CHANGE IN AUTHORIZED AGENT/OFFICERS Motion #1: Mr. Pacheco moved to 1. SAFEWAY INC.: Deletion of Robert Barker Dimond as EV/CFO for Safeway Inc., accept Safeway Inc. dba Safeway Stores No. 1209 (4G-051), Safeway Inc., and dba Safeway Stores Deletion of Robert Barker No. 2894 (4G-011). Dimond as EV/CFO for Safeway Inc., dba Safeway Stores No. 1209 (4G-051), Safeway Inc., and dba Safeway Stores No. 2894 (4G-011). Ms. Nishimitsu seconded the motion. Motion carried 7:0. Liquor Control Commission Open Session November 12, 2021 Page 6 SUBJECT DISCUSSION ACTION 2. MPK MANAGEMENT COMPANY LLC dba BEACH HOUSE RESTAURANT: Addition Motion #2 of Stanley Earl Fuller as Manager and one-third ownership in MPK Mr. Pacheco moved to Management Company LLC dba Beach House Restaurant License No. 2G-045. accept MPK MANAGEMENT COMPANY LLC dba Beach House Restaurant: Addition of Stanley Earl Fuller as Manager and one-third ownership in MPK Management Company LLC dba Beach House Restaurant License No. 2G- 045. Motion carried 7:0. 3. ALOHA PETROLEUM, LTD.: Aloha Petroleum, Ltd. In connection with Aloha Island Mart's on Kauai. Retail General License No. 4G-029, 4G-031, 4G-032, Motion #3 4G-067, and 4G-068 reports notice of merger of Sunco Property Company Mr. Nishimura moved to LLC to Sunco Retail LLC which now owns 100% of outstanding capital stock. accept ALOHA PETROLEUM, LTD.: Aloha Petroleum, Ltd. In connection with Aloha Island Mart's on Kauai. Retail General License No. 4G-029, 4G-031, 4G-032, 4G-067, and 4G-068 reports notice of merger of Sunco Property Company LLC to Sunco Retail LLC which now owns 100% Liquor Control Commission Open Session November 12, 2021 Page 7 SUBJECT DISCUSSION ACTION of outstanding capital stock. Motion carried 7:0. J. 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. Nishimura moved to go Session is for Commission to approve or amend the Executive Session Minutes of March 26, into Executive Session and 2021, October 28, 2021 and to consult with its attorney on questions and issues pertaining to to invite Ms. Ching. Mr. the Commission's powers, duties, privileges, immunities, and liabilities as they may relate to Kahawai seconded the this item. motion. Motion carried 7:0. 1. APPROVAL OF MINUTES: a. Executive Session Minutes of March 26, 2021 b. Executive Session Minutes of October 28, 2021 K. RETURN TO OPEN SESSION Commissioners returned to Open Session at 4:58 p.m. L. ROLL CALL FOR THE RETURN TO OPEN SESSION Director Leo Sandoval called roll, noting 7 members were present via Tele-Conference constituting a quorum. M. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION Motion: Mr. Nishimura moved to ratify the actions taken in Executive Session. Mr. Pacheco seconded the Liquor Control Commission Open Session November 12, 2021 Page 8 SUBJECT DISCUSSION ACTION motion. Motion carried 7:0. N. DISCUSSION AND POSSIBLE ACTION ON THE TERMS OF EMPLOYMENT FOR THE DIRECTOR OF LIQUOR CONTROL Summary: In response to questions from the Commissioners, Ms. Ching went over the terms Motion: and conditions regarding the letters of employment for the Director of Liquor Control. The Mr. Nishimura moved to annual and base salary questions where, if the terms of employment included a six-month increase the Director of probationary period, it did not. It was clear in the Goals and Objectives that there would be an Liquor Control's salary to evaluation at the six-month period. A discussion with HR (Human Resources) and confirmed the maximum allowable that the Liquor Commission has the full authority to change at any point and time, whether it under the salary ordinance is six-month, earlier, or later the Liquor Control's salary. One of the issues that were raised upon acceptable about the six-month evaluation and the six -months' probation. The evaluation process would completion of his goals and start in December with the Director's Reports being submitted to the Commission and the objectives for the interim Commission completing their evaluation providing the Director the evaluation. The motion evaluation. Mr. Pacheco was not part of the conditions of the probationary period. The Commission has the full seconded the motion. authority up to the max for the Director of Liquor Control $117,912. This would be contingent on the completion of goals and objectives being acceptable for the six-month period. Roll Call Vote: Shimabukuro - Aye Summary from Commissioners: The purposes of discussion, the evaluation is tied to the Pacheco- Aye probationary period. The probationary period that I wanted would be beyond the actual six- Nishimura - Aye month. Nishimitsu - Aye Kahawai - Aye Summary from Director Leo Sandoval: Thanked the Commission for the consideration on this Crowell - Aye matter. Working myself hard to improve upon what was passed down to me. Creating a Gibson - Aye Department that is acceptable and surpasses expectations of the Commission. I want to stay on island as long as I can as long as the Commission will keep me. This would start helping me to establish some roots where I can call this home. Hopefully my performance be what you as a Commission expect and more in the future. By the next meeting I will have finished my Liquor Control Commission Open Session November 12, 2021 Page 9 SUBJECT DISCUSSION ACTION entire analysis will be completed as well as my goals for the Commissioners. O. 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) P. ADJOURNMENT Motion: Mr. Pacheco moved to adjourn the meeting. Ms. Nishimitsu seconded the motion. Motion carried 7:0. Meeting ended @ 5:16 p.m. 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