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Home My WebLink AboutLCC 12.14.2022 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 PAUL ENDO, 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 PAUL ENDO, MEMBER REGULAR MEETING NOTICE AND AGENDA Wednesday, December 14, 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 28, 2022 — 1:00 p.m. or shortly thereafter. D. APPROVAL OF AGENDA E. CONSENT AGENDA: 1. APPROVAL OF MINUTES: November 9, 2022 2. DIRECTORS REPORT: October 22, 2022 —December 6, 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. Request for Free -One Day (Non -Profit) License: 1. Kauai Concert Association: Approval of Application No. Free 2023-18 filed on November 9, 2022, by Kauai Concert Association for a Free One -Day Special Dispenser General license on November 20, 2023, at Saint Michael and All Angels Episcopal Church, 4364 Hardy Street, Lihue, Kauai, Hawaii. PAGE 1 2 LIQUOR CONTROL COMMISSION DECEMBER 14, 2022 2. Young Women's Christian Association YWCA of Kauai: Approval of Application No. Free 2023-17 filed on November 7, 2022, by Young Women's Christian Association YWCA of Kauai for a Free One -Day Special Retail General license on November 18, 2022, at Kauai Ball Room, Royal Sonesta, 3610 Hardy Street, Lihue, Kauai, Hawaii. b. 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 18th, 2022. c. Authorized Agent Notification: 1. Island Distributine. LLC. dba Island Distributing: Authorization for Robert Ichikawa, Neal Gota and Chelsea Maja to act as authorized agents and Counsel for Island Distributing LLC. Dba Island Distributing. d. Change in Officers/Directors/Members: 1. Young's Market Company, LLC. dba RNDC of Hawaii: (3G-010) report the deletion of Christopher Underwood as Manager, David Solomon as Manager, Thomas Courtney Cole as Manager, President and CEO, Nicholas Michael Mehall as Chief Financial Officer, YHI Sprits, LLC. as member. Addition of Republic National Distributing Company, LLC as Manager, Member e. Transient Vessel License for Ratification: License No. TV-2023-29: Princess Cruise Lines Ltd. dba Diamond Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on January 14, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 2. License No. TV-2023-30: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on January 24, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 3. License No. TV-2023-31: Princess Cruise Lines Ltd. dba Island Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on January 25, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 4. License No. TV-2023-32: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on February 7, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. PAGE 1 3 LIQUOR CONTROL COMMISSION DECEMBER 14, 2022 5. License No. TV-2023-33: Princess Cruise Lines Ltd. dba Diamond Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on February 20, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 6. License No. TV-2023-34: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on February 22, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 7. License No. TV-2023-35: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on March 8, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 8. License No. TV-2023-36: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on April 22, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 9. License No. TV-2023-37: Princess Cruise Lines Ltd. dba Emerald Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on May 10, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 10. License No. TV-2023-38: Princess Cruise Lines Ltd. dba Coral Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on May 14, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 11. License No. TV-2023-39: Princess Cruise Lines Ltd. dba Emerald Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on June 10, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 12. License No. TV-2023-40: Princess Cruise Lines Ltd. dba Emerald Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on July 15, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 13. License No. TV-2023-41: Princess Cruise Lines Ltd. dba Emerald Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on August 13, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 14. License No. TV-2023-42: Princess Cruise Lines Ltd. dba Coral Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 4, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. PAGE 1 4 LIQUOR CONTROL COMMISSION DECEMBER 14, 2022 15. License No. TV-2023-43: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 7, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 16. License No. TV-2023-44: Princess Cruise Lines Ltd. dba Sapphire Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 22, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 17. License No. TV-2023-45: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on November 12, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 18. License No. TV-2023-46: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on December 3, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. 19. License No. TV-2023-47: Princess Cruise Lines Ltd. dba Crown Princess, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on December 27, 2023, arriving at 8:00 A.M. and departing at 5:00 P.M. F. PUBLIC TESTIMONY ON ALL AGENDA ITEMS G. PUBLIC HEARINGS: 1. Kauai Poke Co. LLC. dba Kauai Poke Co. at Poipu Bay: Application No. 2023-034 was filed on September 13, 2022, by Kauai Poke Co. LLC. dba Kauai Poke Co. at Poipu Bay for a New Restaurant General (B) Live Entertainment and Dancing license to be located at 2250 Ainako St. Koloa, Kauai, Hawaii. 2. Friendly Waves, LLC. dba Friendly Waves: Application No. 2023-0037 was filed on September 19, 2022, by Friendly Waves, LLC. dba Friendly Waves for New Restaurant General (A) No Live Entertainment and No Dancing license to be located at 5460 Koloa Road, Suite B102, Koloa, Kauai, Hawaii. H. VIOLATION REPORT: 1. Case No.2023-013: Rainbow Gas & Mini Mart, LLC. dba Rainbow Gas & Mini Mart located at 4-350 Kuhio Hwy., Waillua, Kauai, Hawaii. Violation of Rule 10.2, Manager on Duty. I. TRANSFER OF LIQUOR LICENSE: PAGE 1 5 LIQUOR CONTROL COMMISSION DECEMBER 14, 2022 1. Island Distributing, LLC. dba Island Distributing: Application No. 2023-051 was filed on November 17, 2022, by Island Distributing, LLC. dba Island Distributing for transfer of Wholesale Dealer General No. 3G-004 from Paradise Beverages, Inc. dba Paradise Beverages. Island Distributing, LLC. dba Island Distributing will be located at 1741 Haleukana Street, Lihue, Kauai, Hawaii. J. TEMPORARY LIQUOR LICENSE: 1. Island Distributing, LLC. dba Island Distributing: Application No. 2023-052 was filed on November 17, 2022, by Island Distributing, LLC. dba Island Distributing for a temporary liquor license to operate Wholesale Dealer General No. 3G-004 located at 1741 Haleukana Street, Lihue, Kauai, Hawaii. K. PRELIMINARY HEARING (NEW LICENSE): 1. ET & WT, LLC. dba Kenji Burger (Kilauea): Application No. 2023-072 was filed on June 3, 2022, by ET & WT, LLC. dba Kenji Burger (Kilauea) for a new Restaurant General (B) Live Entertainment and No Dancing, located at 2555 Ala Namahana Parkway, Building H, Kilauea, Hawaii. L. PETITION FOR DECLARATORY RULING BY THE COMMISSION (Deferred from 11/9/2022) 1. Southern Glazer's Wine and Spirits, LLC. (HRS 281-102.5) — Purchasing from other than primary source of supply. M. PRESENTATION ON THE DIRECTOR'S ANNUAL JOB PERFORMANCE EVALUATION N. ADJOURNMENT 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) 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, Lihue, Hawai'i 96766). Please contact at (808) 241-4966 or mkelekoma@kauai.gov to request access. PAGE 1 6 LIQUOR CONTROL COMMISSION DECEMBER 14, 2022