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Home My WebLink AboutLCC 12.28.2022 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 28, 2022 1:00 p.m. or shortly thereafter Uhu'e Civic Center Pi'ikoi Building, Suite 300 4444 Rice Street, Lihu'e, HI 96766 C. ANNOUNCEMENTS: Next Scheduled Meeting: January 11, 2022 —1:00 p.m. or shortly thereafter. D. APPROVAL OF AGENDA E. CONSENT AGENDA: 1. DIRECTOR'S REPORT: December 7, 2022 — December 21, 2022 2. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" 3. ACTIONS OF THE DIRECTOR: a. Reauest for Temr)orary Reduction of Premise: 1. Zelos Enterprises, LLC. dba KalVpso Island Bar and Grill (2G-001): Approval of Temporary Reduction of Premises to include the entire premise as indicated by diagram submitted for an employee holiday party to be held at 5-5156 Kuhio Highway, Hanalei, Kauai, Hawaii on December 20, 2022, from 6:00 P.M. until 10:00 P.M. PAGE 1 2 LIQUOR CONTROL COMMISSION DECEMBER 28, 2022 b. Request for Temporary Increase of Premise: 1. XV Corporation dba Wranglers Steakhouse (2G-030): Approval of Temporary Increase of Premises to include the back parking lot, backyard space, and the enclosed front area within the wooden fence, per diagram submitted, to accommodate large catered parties from December 17, 2022, through December 31, 2022, from 11:00 A.M. until 11:00 P.M. c. Request for Use of Gaming Device: 1. XV Corporation dba Wranglers Steakhouse: License No. 2G-030 located at 9852 Kaumualii Highway, Waimea, Hawaii requested approval of the use of four Cornhole Boards & Bean Bags. Request was approved on December 8, 2022, through June 30, 2023. d. 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 December 16, 17, and 23, 2022. F. PUBLIC TESTIMONY ON ALL AGENDA ITEMS G. PUBLIC HEARINGS: 1. Red Rooster Restaurants LLC. dba Fish Bar Deli Market: Application No. 2023-044 was filed on October 14, 2022, by Red Rooster Restaurants LLC. dba Fish Bar Deli Market for a New Retail Dealer General license to be located at 4-1380 Kuhio Highway, Kapaa, Hawaii. H. VIOLATION HEARING: 1. Case No.2023-013: Lahaina Petroleum, LLC. dba Rainbow Gas & Mini Mart located at 4-350 Kuhio Hwy., Wailua, Kauai, Hawaii. Violation of Rule 10.2, Manager on Duty. ��1��iY�].J!]�:ZPiI_ji;L�Ii;trVL�1.J�_F��l�1:J�►�il�� 1. XV Corporation dba Wranglers Steakhouse (2G-030): Request for Permanent Increase of Premises to include the back parking lot, backyard space, and the enclosed front area within the wooden fence, per diagram submitted. The proposed increase is located at 9852 Kaumualii Highway, Waimea, Hawaii. Application was submitted on December 15, 2022. Applicant has met all requirements and clearances with the Department of Health, the County of Kauai Building Division and Planning Department. PAGE 1 3 LIQUOR CONTROL COMMISSION DECEMBER 28, 2022 J. NEW SOLICITOR'S PERMIT 1. Jesse Schwartz: Application No. 2023-075 was filed on December 9, 2022, by Jesse Schwartz for a Solicitor's Permit in the County of Kauai to represent Chambers & Chambers, Inc., a Wholesale Dealer General license in the City & County of Honolulu. K. DISCUSSION CONCERNING VIOLATION HEARING FINES AS APPLIED L. PRESENTATION OF 2023 PROPOSED RULE AMENDEMENTS FOR COMMISSION DISCUSSION M. 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 December 9, 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. DISCUSSION AND POSSIBLE ACTION ON THE DIRECTOR'S SALARY 2. PRESENTATION ON THE DIRECTOR'S MONTHLY REPORT 3. DISCUSSION AND POSSIBLE ACTION ON THE DIRECTOR'S ANNUAL JOB PERFORMANCE 4. DISCUSSION CONCERNING VIOLATION HEARING FINES AS APPLIED N. RETURN TO OPEN SESSION O. ROLL CALL FOR THE RETURN TO OPEN SESSION P. RATIFY ACTIONS TAKEN IN THE EXECUTIVE SESSION Q. ADJOURNMENT R. 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) PAGE 1 4 LIQUOR CONTROL COMMISSION DECEMBER 28, 2022 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, Lihu'e, Hawaii 96766). Please contact at (808) 241-4966 or mkelekoma@kauai.gov to request access. PAGE 1 5 LIQUOR CONTROL COMMISSION DECEMBER 28, 2022