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Home My WebLink AboutLCC 11.9.2022 Agenda {final}.pdfLIQUOR CONTROL COMMISSION DEE CROWELL, CHAIR LELAND KAHAWAI, VICE CHAIR RANDALL NISHIMURA, MEMBER LORNA NISHIMITSU, MEMBER TESS SHIMABUKURO, MEMBER GERALD S. MATSUNAGA. MEMBER Meetings of the Liquor Control Commission will be conducted as follows until further notice: • Meetings will be publicly noticed pursuant to HRS Chapter 92. • Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the Liquor Control Commission's website upon completion and approval. Public Comments and Testimony: Written testimony: The Liquor Control Commission will accept written testimony for any agenda item herein. • Written testimony indicating your 1) name, and if applicable, you position/title and organization you are representing, 2) the agenda item that you are providing comment on, and 3) contact information (telephone number and email address), may be submitted to liquor@kauai.gov or mailed to the Liquor Control Commission, c/o Department of Liquor Control, 4444 Rice Street, Suite 120, Lihue, Hawaii 96766. • Written testimony received by the Liquor Commission at least 24 hours prior to the meeting will be distributed to all Liquor Control Commissioners prior to the meeting. • Any testimony received after this time and up to the start of the meeting will be summarized by the Director of the Liquor Department during the meeting and added to the record thereafter. • Any late testimony received will be distributed to the to the members after the meeting is concluded. Oral testimony will be taken at any time during the meeting. • It is recommended that anyone interested in providing oral testimony register at least 24 hours prior to the meeting by emailing liquor@kauai.gov or calling (808) 241-4966. Any request to register shall include your 1) name, and if applicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, and 3) contact information (telephone number and email address). • Per the Liquor Control Commission's and Chairs practice, there is three -minute time limit per testifier. • Individuals who have not registered to provide testimony will be given an opportunity to speak on an agenda item following the registered speakers. SPECIAL ASSISTANCE IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS PLEASE CONTACT THE DEPARTMENT OF LIQUOR CONTROL AT (808) 241-4966 OR LIQUOR@KAUALGOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATIVE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. LIQUOR CONTROL COMMISSION DEE CROWELL, CHAIR LELAND KAHAWAI, VICE CHAIR A. CALL TO ORDER B. ROLL CALL RANDALL NISHIMURA, MEMBER LORNA NISHIMITSU, MEMBER TESS SHIMABUKURO, MEMBER GERALD S. MATSUNAGA. MEMBER REGULAR MEETING NOTICE AND AGENDA Wednesday, November 9, 2022 1:00 p.m. or shortly thereafter Uhu'e Civic Center Pi'ikoi Building, Suite 300 4444 Rice Street, Uhu'e, HI 96766 C. ANNOUNCEMENTS: - Next Scheduled Meeting: December 14, 2022 — 1:00 p.m. or shortly thereafter. - There will be no Meeting on November 23, 2022 D. APPROVAL OF AGENDA E. CONSENT AGENDA: 1. APPROVAL OF MINUTES: October 26, 2022 2. DIRECTORS REPORT: October 21, 2022 —November 4, 2022. 3. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" 4. ACTIONS OF THE DIRECTOR: a. Transient Vessel License for Ratification: 1. License No. TV-2023-28: Viking Cruises USA Ltd. dba Viking Neptune, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on January 16, 2023, arriving at 7:00 A.M. and departing at 2:00 P.M. PAGE 1 2 LIQUOR CONTROL COMMISSION NOVEMBER 9, 2022 b. Request for Free -One Day (Non -Profit) License: Kauai Concert Association: Approval of Application No. Free 2023-15 filed on October 18, 2022, by Kauai Concert Association for a Free One -Day Special Dispenser General license on October 30, 2023, at Saint Michael and All Angels Episcopal Church, 4364 Hardy Street, Lihue, Kauai, Hawaii. 2. St. Michael & All Angels Episcopal Church: Approval of License No. Free 2023- 16 filed on October 18, 2022. Event to be held on November 12, 2022, at Saint Michael and All Angels Episcopal Church located at 4364 Hardy Street, Lihue, Kauai, Hawaii in the space designated on the submitted diagram as part of a fundraiser to support various ministries of St. Michael's Church. c. Change in Officers/Directors/Members: 1. STL of Hawaii. Inc. dba Target Store T3400 (4G-075): Deletion of Janine Lisa Brown -Wiese as Assistant Treasurer, Assistant Secretary, Vice President and Director and addition of Anthony Frank Heredia as President, Treasurer, Secretary, and Director of STL of Hawaii, Inc. dba Target Store T3400 as of November 1, 2022. 2. Viking Cruises USA Ltd. dba Viking Neptune: Deletion of Winston David Bruce Kippen as President/Director and addition of William Graham -Welton as President/Director, Jeffrey Steven Dash as Director, Catharine Jane Lymbery as Secretary and Viking Cruises Ltd as Sole Shareholder as of October 7, 2022. d. Authorized Agent Notification: 1. Viking Cruises USA Ltd. dba Viking Neptune: Authorization for Leah Talactac, EVP, Group Controller, to act as authorized agent for Viking Cruises USA Ltd. dba Viking Neptune. e. Application for Product Tasting Permit: 1. Safeway, Inc. dba Safeway Store #2894 (4G-011): Approval of product tasting permit to be conducted at 4454 Nuhou Street, Lihue, Kauai, Hawaii on October 28th, 2022, and October 29th, 2022. PAGE 1 3 LIQUOR CONTROL COMMISSION NOVEMBER 9, 2022 f. Authorized Agent Notification: g 1. Kauai Wailua Bay Hotel Management, LLC. dba Hilton Garden Inn Kauai Wailua Bay (12G-011): Authorization for Robert A. Ueoka, Counsel, to act authorized agent for Kauai Wailua Bay Hotel Management, LLC. dba Hilton Garden Inn Kauai Wailua Bay. New Solicitor's Permit 1. Masaki Miyazawa: Application for approval of Permit No. PG 2023-046 which was filed on October 24, 2022, by Masaki Miyazawa for a Solicitor's Permit in the County of Kauai to represent Wismettac Asian Foods, Inc., a Wholesale Dealer General licensed in the City & County of Honolulu. h. Reauest for Permanent Reduction of Premises: 1. Kauai Wailua Bay Hotel Management, LLC. dba Hilton Garden Inn Kauai Wailua Bay (12G-011): Request for permanent reduction within the licensed premises, per diagram submitted. i. Request for Temporary Increase of Premises: 1. Sugahara Ranch Inc. dba The Dolphin Poipu (2G-062): Approval of Temporary Increase of Premises to include their lanai area as a Beer Garden and Wine Bar per diagram submitted for a HTLA Pau Hana event issued for use on Thursday, November 10, 2022, from 5:00 p.m. To 7:30 p.m. Applicant has met all requirements and clearances obtained with Department Health, Building Division and Planning Department. F. PUBLIC TESTIMONY ON ALL AGENDA ITEMS G. ADOPTION OF DECISION AND ORDER: 1. Koloa Pizza Kitchen + Bar, LLC. dba Koloa Pizza Kitchen + Bar (2G-095): Adjudication hearing held, September 14, 2022. H. VIOLATION HEARING: 1. Case No. 2023-010: Longs Drug Stores California, LLC. dba Longs Drug (Lihue) 4G-039 located at 3-2600 Kaumualii Highway, Lihue, Kauai, Hawaii. Violation of Rule 10.2(a), Manager on Duty. PAGE 1 4 LIQUOR CONTROL COMMISSION NOVEMBER 9, 2022 I. PRELIMINARY HEARING (NEW LICENSE) 1. Hapa Ramen & Whiskey LLC. dba Hapa Ramen & Whiskey: Application No. 2023-048 was filed on October 20, 2022, by Hapa Ramen & Whiskey LLC. dba Hapa Ramen & Whiskey for a New Restaurant General (A) No Live Entertainment and No Dancing, located at 2829 Ala Kalanikaumaka St. F205, Koloa, Kauai, Hawaii. 2. Kauai Wailua Bay Hotel Management, LLC. dba Mamahune's Market Place: Application No. 2023-049 was filed on October 20, 2022, by Kauai Wailua Bay Hotel Management, LLC. dba Mamahune's Market Place for a New Retail Dealer General license to be located at 3-5920 Kuhio Highway, Wailua, Kauai, Hawaii. J. PETITION FOR DECLARATORY RULING BY THE COMMISSION 1. Southern Glazer's Wine and Spirits, LLC. (HRS 281-102.5) - Purchasing from other than primary source of supply K. PRESENTATION OF 2023 PROPOSED RULE AMENDMENTS FOR COMMISSION REVIEW L. ADJOURNMENT M. 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) Pursuant to HRS § 92-7.5, at the time the board packet is distributed to the Liquor Control Commission, the board packet will be available for inspection at the Liquor Control Commission's office (Pi'ikoi Building 4444 Rice Street, Suite 300, Uhu'e, Hawaii 96766). Please contact at (808) 241-4966 or mkelekoma@kauai.gov to request access. PAGE 1 5 LIQUOR CONTROL COMMISSION NOVEMBER 9, 2022