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HomeMy WebLinkAbout2021_1209 Liquor Open Session APPROVED.pdfA=j%kF1F1R-j-j'Q19EQCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as submitted 3-17-2022 Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date December 09, 202 Location Tele Conference via Microsoft Teams Audio Start of Meeting: 4:06 p.m. End of Meeting: 6:10 p.m. +1469-848-0234, Conference ID: 672 376 10# https://bit.ly/3p5Paf3 Tele Chair William Gibson, Vice Chair Dee Crowell Members: Lorna Nishimitsu, Randy Nishimura, Gary Pacheco, Tess Shimabukuro Present Also: 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 4:06 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, January 13, 2022 — 4:00 p.m. or shortly thereafter. D. APPROVAL OF AGENDA Motion: Mr. Pacheco moved to ena ds s approve the agenda Director Leo Sandoval advised the Commission of the amendments: ada amended. Ms. itsu 1. J. CLOROSHKO LCC dba PACO'S TACOS CANTINA KAPAA, should be CLOROSHKO (LLC). seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session December 9, 2021 Page 2 SUBJECT DISCUSSION ACTION E. APPROVAL OF MINUTES: Motion: Mr. Nishimura moved to 1. Open Session Minutes of November 12, 2021 accept the Open Session Minutes of November 12, 2021. Mr. Pacheco seconded the motion. Motion carried 6:0. F. PUBLIC HEARING: a. BAMF LLC dba BATTERS UP: Application No. 2022-008 was filed on August 5, 2021, for a New Restaurant Beer and Wine License (A) Standard Bar —No Live Entertainment and No Dancing located at 1639 Haleukana Street, Units 1 and 2, Lihue, Kauai, Hawaii. The Commission accepted Application No. 2022-008 on October 14, 2021, for publication and public hearing and ordered to print Notice of Public Hearing in The Garden Island on Wednesday, October 201h and 271h, 2021, scheduling the public hearing on December 9, 2021, at 4:OOp.m. or shortly thereafter via Microsoft Teams conferencing. Chair Gibson opened the Public Hearing for BAMF LLC dba BATTERS UP Application No. 2022- 008. Is there a Departments Report for this application. Director Leo Sandoval read the Departments Report. Chair Gibson asked who is representing the applicant. Mr. Trevor Christensen, Owner was present to represent BAMF LLC dba BATTERS UP. Chair Gibson asked Mr. Christensen if he received a copy of the Investigator's Report and if he had any comments. Liquor Control Commission Open Session December 9, 2021 Page 3 SUBJECT DISCUSSION ACTION Mr. Christensen replied yes, I did receive a copy of the Investigator's report and had no comments. Chair Gibson asked if anyone would like to speak on behalf of the applicant. Mr. Christensen do you want to speak on your behalf. Mr. Christensen replied yes, as far as questions or statements, I don't have any questions at this time. Chair Gibson thanked Mr. Christensen, Commissioners do you have any questions for Mr. Christensen. Commissioner Nishimitsu asked in the Investigator's Report it says you never held a liquor license in the State of Hawaii. Have you held a license anywhere else? Mr. Christensen responded no I have not. Chair Gibson asked are there any more questions. Vice Chair Crowell asked, have you ever seen operations like this. Mr. Christensen replied yes, I ran a bar in Salt Lake City, Utah for 10 years and I have operated ones like this a few times as well. Vice Chair Crowell asked did Salt Lake City have a Liquor License? Mr. Christensen responded yes. Vice Chair Crowell replied I don't what to mischaracterize people from Kauai, but liquor and Liquor Control Commission Open Session December 9, 2021 Page 4 SUBJECT DISCUSSION ACTION bats are a dangerous combination. Mr. Christensen replied I agree and that's why we never wanted to do liquor. We just want to stick to beer and wine. We don't ever want to over serve by any means, its more for the adults to relax and hang out and enjoy the atmosphere. Chair Gibson asked are there any other questions. Vice Chair Crowell are you occupying the whole building or just a portion of it. Mr. Christensen replied there are two other units that aren't tied to my agenda of my LLC or anything. We do have two bays and it would be the whole unit. Chair Gibson asked are there any other questions. Commissioner Nishimura noticed in the Departments report that the entire premises is being permitted is that correct. Mr. Christensen replied I believe so. Commissioner Nishimura replied would you accept limitations on the areas that you can drink, and I'm specifically concerned about beer and wine within the actual batting cages. I see that as potentially troubling. If it's possible to have an area designated for drinking. As far as you know just allowing anybody to walk around with beer and wine, especially with kids around there, it's a little bit concerning. Mr. Christensen commented I understand that, and I agree I mean, safety is my number one priority over there as well and we have it set up right now to where we don't even want beverages in the batting cages that area anyway because we have Astro turf. I would not be Liquor Control Commission Open Session December 9, 2021 Page 5 SUBJECT DISCUSSION ACTION opposed to that as well. We are building out a loft, which will have gaming area and that's why Motion: I originally, I did it for the whole area because it's kind of above the batting cages, but it's Mr. Nishimura moved to above the bathroom area. That we haven't done the build out for as well because we know we approve Application No. need to deal with the gaming as well with having a liquor license. I'm not opposed to just 2022-008 for BAMK LLC dba having the front section off for beer and wine only, but I do want you to know that the Batters Up for a New Astroturf is very expensive, and I don't plan on having people in there with drinks anyway. Restaurant Beer and Wine License (A) Standard Commissioner Nishimitsu asked Director Leo Sandoval since the application covers the entire Bar —No Live Entertainment leased premises. Can the Commission approved only a portion of the premises for which the and No Dancing. Subject to application was made? By excluding the batting cages. restriction that no alcohol will be allowed, served or Director Leo Sandoval responded that is correct the Commission and can put a condition on consumed within the the license as well and that can be printed on the license as well. Whenever you make that immediate batting cage decision to do so. area and that additional restrictions maybe imposed Investigator Kenneth Herman called for a point of order, you didn't' ask if anyone opposed the should there be problems license. between the Public and the liquor license. Mr. Pacheco Chair Gibson replied, is there anyone in opposition, hearing none. With the knowledge that no seconded the motion. letters were submitted. Are there any other questions, hearing none the Public Hearing for Motion carried 6:0. Application No. 2022-008 is closed. Is the Commission ready to make a decision? Roll Call Vote: Commissioner Nishimura commented to Chair Gibson the reason for structuring the Shimabukuro — Aye amendment that way was to enable the Department to impose additional, restrictions on the Pacheco— Aye license fee. In the event there are problems well beyond the immediate batting cage area and Nishimura -Aye to give them the flexibility to provide that. Nishimitsu — Aye Vice Chair Crowell — Aye Chair Gibson - Aye Liquor Control Commission Open Session December 9, 2021 Page 6 SUBJECT DISCUSSION ACTION b. PROPOSED AMENDMENTS TO THE RULES AND REGULATIONS OF THE Motion: LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI, STATE OF Ms. Nishimitsu moved to HAWAII: The Notice of Public Hearing was ordered and to print in The Garden approve the Amendments Island on Thursday, November 4, 2021, scheduling the public hearing on December to the Liquor Commission 9t", 2021, at 4:OOp.m. or shortly thereafter via Microsoft Teams conferencing. Rules and Regulations that previously been vetted by Chair Gibson opened the Public Hearing for the Proposed Amendments to the Rules and the Small Business Regulations of the Liquor Control Commission. Regulatory Review Commission. Mr. Crowell Summary: Updating several aspects of the Rules and Regulations to include manager cards, seconded the motion. additional stipulations rules pertaining to procedures as well for the licensees. Chair Gibson Motion carried 5:1. also for the record just wanted to make sure that everybody knew that this amendment has been announced twice in the Garden Island newspaper and has been received on part of the Roll Call Vote: Small Business Regulatory Review Board. It has been published in the Garden Island under Shimabukuro — Aye public press release and it has been made available through all aspects of the social media as Pacheco— Aye well as for announcement. There was no one that wants to speak on behalf of this proposed Nishimura -Abstain amendment changes. There were no testimony's submitted for or in opposition of the Nishimitsu —Aye proposed amendments. Concerns from Commissioners: Vice Chair Crowell — Aye 1. Were the licensees notified of these changes or potential changes? Yes, through Chair Gibson - Aye various resources. 2. Was there any actions from the Regulatory Board? They didn't determine if that was going to be affecting them in anyway, so they moved to the public hearing, on October 25th it was presented to the Commission. They just make sure there's no impact on the small businesses. A motion that's done by the Commissioners to adopt. Once it's adopted then the Department passes the Amendments to the County clerk's office for certification. once it's certified then it's adopted by the County and made into rule. After the fact and I do have to set up with Small Business Regulatory Review Board to do a post hearing, which is the determination of what we just did today and all activities that led to the post hearing. Liquor Control Commission Open Session December 9, 2021 Page 7 SUBJECT DISCUSSION ACTION G. G. DIRECTOR'S REPORTS: Motion: Mr. Pacheco moved to 1. DIRECTOR REPORT: accept the Director's Report a. November 11, 2021— December 8, 2021 G. 1.a. 2, and 3. a. Ms. Nishimitsu seconded the 2. INVESTIGATORS ACTIVITY REPORTS: motion. Motion carried 6:0. 3. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment „A„ H. ACTIONS OF THE DIRECTOR Motion #1: Mr. Nishimura moved to 1. TEMPORARY INCREASE/EXTENSION TO PREMISES receive Temporary Increase/Extension to a. GINGER AND THAI BASIL dba J02: Approval of Temporary Increase of Premise to include the Premises for Ginger and Front Exterior of the leased space in the Waipouli Complex per diagram submitted from November 3, 2021, through February 1, 2022. Applicant has met all requirements and Thai Basil dba J02, Bangkok clearances obtained with Department of Health, The County of Kauai Building Division and Happy Bowl Kauai Inc. dba Planning Department. Bangkok Happy Bowl Thai Bistro and Sushi Bar and b. BANGKOK HAPPY BOWL KAUAI INC. dba BANGKOK HAPPY BOWL THAI BISTRO AND SUSHI BAR: Sushi Bushido, LL dba Sushi Approval of Temporary Increase of Premises to include the lanai expansion for increased Bushido. Mr. Pacheco customer safety during the pandemic from December 10, 2021, through March 10, seconded the motion. 2022. Applicant has met all requirements and clearances obtained with Department of Health, Motion carried 6:0. The County of Kauai Building Division and Planning Department. c. SUSHI BUSHIDO, LLC. dba SUSHI BUSHIDO: Approval of Temporary Increase of Premises to include the outside patio expansion for increased customer safety during the pandemic from December 1, 2021, through February 28, 2022. Applicant has met all requirements and Liquor Control Commission Open Session December 9, 2021 Page 8 SUBJECT DISCUSSION ACTION clearances obtained with Department of Health, The County of Kauai Building Division and Motion #2: Planning Department. Mr. Nishimura moved to receive Special Free One 2. SPECIAL FREE ONE DAY LICENSE: Day License for Historic a. HISTORIC WAIMEA THEATER AND CULTURAL CENTER: Approval of Application No. Free 2022- Waimea Theater and 12 filed on November 10, 2021, for a Pulama Kauai fundraiser by Historic Waimea Theater and Cultural Center. Mr. Cultural Center. Date of event of the Free One -Day Special Dispenser License will be on Pacheco seconded the December 10, 2021, at the Historic Waimea Theater located at 9691 Kaumuali'i Highway, motion. Motion carried 6:0. Waimea Kauai, Hawaii. I. VIOLATION REPORT: Motion #1: Mr. Nishimura moved to 1. BARREL AND BBW, LLC. dba CHICKEN IN A BARREL PLANTATION HIDEAWAYS: Violation of Rule schedule a Violation 7.13 Fight and Disturbance Reports. Hearing for Barrel and BBW, LLC dba Chicken in a Barrell Plantation Hideaways for Violation of Rule 7.13 Fight and Disturbance Reports. Mr. Pacheco seconded the motion. Motion carried 6:0. J. NEW LICENSE: Motion #1: Ms. Nishimitsu moved to 1. CLOROSHKO LLC dba PACO'S TACOS CANTINA KAPAA: Application 2022-035 was filed on July accept Application 2022- 20, 2021, by Cloroshko dba Paco's Tacos Cantina Kapaa for a New Restaurant 035 Cloroshko LLC dba General A (No Live Entertainment and No Dancing) License located at 4- 1292 Kuhio Hwy, Kapaa, Hawaii. Deposited $450.00. Tacos Cantina Kapaa anndd tto and schedule for Publication and Public Hearing. Mr. Pacheco Liquor Control Commission Open Session December 9, 2021 Page 9 SUBJECT DISCUSSION ACTION seconded the motion. Motion carried 6:0. 2. KCY RESTAURANT, LLC. dba PUAKEA GRILL: Application 2022-037 was filed on September 2, Motion #2: 2021, by KCY Restaurant, LLC. dba Puakea Grill for New Restaurant General B (Live Mr. Nishimura move to Entertainment and Dancing) License located at 4150 Nuhu Street, Lihue, Kauai, Hawaii. accept the Application for Deposited $450.00. KCY Restaurant, LLC dba Puakea Grill Application 2022-037 and schedule for Publication and Public Hearing. Mr. Pacheco seconded the motion. Motion carried 6:0. 3. TRUE BLUE INC. dba TRUE BLUE CHARTERS: Application 2022-036 was filed on August 26, 2021, Motion #3: by True Blue Inc. dba True Blue Charters for New General Tour or Cruise Vessel License moored Mr. Nishimura moved to at berth 100 at the Nawiliwili Small Board Harbor located at 2494 Niumalu Road, Lihue, Hawaii. approve Application 2022- Deposited $100.00. - NO PUBLIC HEARING REQUIRED. Tour Vessel Exception, Rule 2.5(j) 036 based on an amended permits license approval by Commission. Investigator's Report for True Blue Inc. dba True Blue Summary: Department to follow up on Investigator's Report and separate premises for warehousing. Charters. Ms. Nishimitsu seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session December 9, 2021 Page 10 SUBJECT DISCUSSION ACTION K. CHANGE IN AUTHORIZED AGENT/OFFICERS Motion #1: Mr. Nishimura moved to 1. TRU PROTECTION INC.: Addition of Tamar Rejman as an Authorized Agent for Tru Protection approve addition of Tamar Inc., dba Japanese Grandma's Cafe License No. 2G-036 located at 3871 Hanapepe Road, Rejman as authorized agent Hanapepe, Kauai, Hawaii. for True Protection Inc. dba Japanese Grandma's Cafe License No. 2G-036. Ms. Nishimitsu seconded the motion. Motion carried 6:0. Motion #2: 2. HOLO HOLO CHARTERS, INC: Addition of Adrian Bertsch as Director and Treasurer, Chandra Ms. Nishimitsu moved to Bertsch as Director, Vice President, and Secretary, and update Kevin Millett as Director and President for Holo Holo Charters, Inc. License No. 9G-003 located at Port Allen Harbor, approve the addition of 4353 Waialo Road Suite 5A, Eleele, Kauai, Hawaii. three individuals named in the documents submitted by Holo Holo Charters, INC License No. 9G-003. Mr. Nishimura seconded the motion. Motion carried 6:0. 3. ALOHA PETROLEUM, LTD.: Aloha Petroleum, Ltd. In connection with Aloha Island Motion #3: Mart's on Kauai. Retail General License No. 4G-029, 4G-031, 4G-032, 4G-067, and 4G- Mr. Nishimura moved to 068 reports conversion of Aloha Petroleum, LTD a Hawaii Corporation to Aloha approve Aloha Petroleum, Petroleum Retail, LLC., to take effect on January 1, 2022. LTD General License No. 4G-029,4G-031, 4G-032, 4G-067, and 4G-068 reports Liquor Control Commission Open Session December 9, 2021 Page 11 SUBJECT DISCUSSION ACTION conversion of Aloha Petroleum, LTS a Hawaii Corporation to Aloha Petroleum, LLC to take effect on January 1, 2022. Mr. Pacheco seconded the motion. Motion carried 6:0. L. REQUEST FOR WAREHOUSING AWAY FROM LICENSED PREMISES Motion: Mr. Nishimura moved to 1. NAPALI SEA TOURS, INC.: Napali Sea Tours, Inc. a tour vessel, License No. 9G-004, Requests approve the request for Commission approval to warehouse liquor off the licensed premises at 4350 Warehousing on Napali Sea A Waialo Rd, Eleele, Kauai, Hawaii in an appropriately zoned facility. All required Tours, Inc. License No. 9G- documentation has been received by the Department. 004. Mr. Pacheco seconded the motion. Motion carried 6:0. M. PRESENTATION, DISCUSSION, AND POSSIBLE ACTION ON THE DIRECTOR OF LIQUOR Motion: CONTROL (6) MONTH DEPARTMENT STATUS REPORT, DEPARTMENT BUDGET UPDATE AND Mr. Nishimura moved to DEPARTMENT (5) YEAR STRATEGIC PLAN. receive the Director of Liquor Control 6-month Department Status Report, Budget update and 5-year strategic plan and schedule for discussion at the January meeting. Mr. Pacheco seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session December 9, 2021 Page 12 SUBJECT DISCUSSION ACTION N. UPDATE, DISCUSSION, AND POSSIBLE ACTION REGARDING THE SIX (6) MONTH EVALUATION Motion: OF THE DIRECTOR OF LIQUOR CONTROL Summary: Ms. Ching reminded the Commission that they adopted the recommendation of the PIG (Permitted Interaction Group). Conduct a 6-month evaluation in conjunction with the evaluation. The Director should complete a status report on his progress related to his goals and objectives. Staff will input report and the Director will complete a self -evaluation and she will send to each of the Commissioners. You will need to indicate either meets expectations. The consolidated report will be available at the 2n1 meeting in January 2022. O. DISCUSSION AND POSSIBLE ACTION REGARDING THE SALARY OF THE DIRECTOR OF LIQUOR Motion: CONTROL Mr. Nishimura moved to defer action on Discussion and Possible Action Summary: From the last meeting, the Commissioners wanted to look at the Director's progress regarding the Salary of the on his goals and objectives, which is one of the reports you got on your agenda item M. It is in Director of Liquor Control your authority to set the effective date and you are able to retroactive back to December 1s1 to the first meeting in to be effective January 1st 2022. Due to the numerous information that was provided and only January. Mr. Pacheco one week to review it is not enough time to go through all the information. seconded the motion. Motion carried 6:0. P. ELECTION OF CHAIR AND VICE CHAIR FOR 2022 Motion #1: Mr. Pacheco nominated Commissioner Pacheco nominated Vice Chair Crowell as Chair for 2022, seconded by Vice Chair Crowell as Chair. Commissioner Nishimura. Nomination closed by Commissioner Pacheco. Mr. Nishimura seconded the motion. Motion carried 6:0. Commissioner Nishimura nominated Commissioner Leland Kahawai as Vice Chair for 2022, Motion #2 seconded by Commissioner Nishimitsu. Nomination closed by Commissioner Pacheco. Mr. Nishimura nominated Mr. Kahawai as Vice Chair. Liquor Control Commission Open Session December 9, 2021 Page 13 SUBJECT DISCUSSION ACTION Ms. Nishimitsu seconded the motion. Motion carried 6:0. Ms. Ellen Ching exited the meeting @ 5:58 p.m. Q. 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 into Executive Session. Ms. of November 12, 2021, and to consult with its attorney on questions and issues Nishimitsu seconded the pertaining to the Commission's powers, duties, privileges, immunities, and liabilities as motion. Motion carried 6:0. they may relate to this item. 1. APPROVAL OF MINUTES: a. November 12, 2021 R. RETURN TO OPEN SESSION Commissioners returned to Open Session at 6:04 p.m. S. ROLL CALL FOR THE RETURN TO OPEN SESSION Director Leo Sandoval called roll, noting 6 members were present via Tele-Conference constituting a quorum. T. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION Motion: Mr. Nishimura moved to ratify the actions taken in Liquor Control Commission Open Session December 9, 2021 Page 14 SUBJECT DISCUSSION ACTION Executive Session. Ms. Shimabukuro seconded the motion. Motion carried 6:0. U. 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) V. ADJOURNMENT Motion: Mr. Pacheco moved to adjourn the meeting. Ms. Nishimitsu seconded the motion. Motion carried 6:0. Meeting ended @ 6:06 p.m. Submitted by: Reviewed and Approved by: Malialani TM Kelekoma, Liquor Clerical Assistant William Gibson, Chair () Approved as circulated. () Approved with amendments. See minutes of meeting.