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Home My WebLink AboutLCC 2-24-22-Agenda {FINAL}.pdfLIQUOR CONTROL COMMISSION DEE CROWELL, CHAIR LELAND KAHAWAI, VICE CHAIR WILLIAM GIBSON, MEMBER RANDALL NISHIMURA, MEMBER LORNA NISHIMITSU, MEMBER GARY PACHECO, MEMBER TESS SHIMABUKURO, MEMBER On November 29, 2021, Governor David Y. Ige issued an Emergency Proclamation, which continued the suspension of Hawai'i Revised Statutes (HRS) Chapter 92, relating to Public Agency Meetings and Records (also known as the Sunshine Law) as it pertained to the COVID-19 Response. HRS Chapter 92 was suspended to the extent necessary to enable boards to conduct business in -person or through remote technology without any board members or members of the public physically present in the same location. In addition, on December 29, 2021, Governor Ige issued a proclamation suspending HRS 92-3.7 to suspend the requirement to have at least one meeting location that is open to the public. Meetings of the Liquor Control Commission will be conducted as follows until further notice: • Meetings will be publicly noticed pursuant to HRS Chapter 92. • In -person meetings will be closed to the public to be consistent with social distancing practices. • Liquor Control Commissioners, Department and/or Boards and Commission Staff, parties to agenda items, and resource individuals may appear via the Microsoft Teams remote technology. • If any major and insurmountable technical difficulties are encountered during the meetings, the Liquor Control Commission will continue all matters and reconvene at the next scheduled Liquor Control Commission Meeting. • 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 during the public testimony portion of the meeting via Microsoft Teams remote technology platform. o 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). o It shall be the responsibility of the testifier to join the meeting through the Microsoft Teams link provided on the posted agenda to provide their testimony. In addition, it shall be the responsibility of the testifier to ensure that the Microsoft Teams software is downloaded and operational prior to the meeting. o The testifier's audio and video shall be disabled until it is your turn to testify. o Per the Liquor Control Commission's and Chairs practice, there is three -minute time limit per testifier. o Individuals who have not registered to provide testimony will be given an opportunity to speak on an agenda item following the registered speakers. o If there are temporary technical glitches during your turn to testify, we may have to move on to the next person due to time constraints; we appreciate your understanding. 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 I FEBRUARY 24, 2022 PAGE 1 2 LIQUOR CONTROL COMMISSION DEE CROWELL, CHAIR LELAND KAHAWAI, VICE CHAIR WILLIAM GIBSON, MEMBER RANDALL NISHIMURA, MEMBER LORNA NISHIMITSU, MEMBER GARY PACHECO, MEMBER TESS SHIMABUKURO, MEMBER REGULAR MONTHLY TELECONFERENCE MEETING NOTICE AND AGENDA Thursday, February 24, 2022 4:00 p.m. or shortly thereafter Microsoft Teams Conferencing Information Click on the link below to join on your computer or mobile app by VIDEO: https://bit.ly/3486gZe Or Dial phone number and enter conference ID to call in and join by AUDIO: Phone: +1469-848-0234 United States, Dallas Phone Conference ID: 898 802 845# This meeting will be held via Microsoft Teams conferencing only. Members of the public are invited to join this meeting by using the link above or calling the number above with the conference ID information. You may testify during the video conference or submit written testimony in advance of the meeting via e-mail or mail. To avoid excessive noise/feedback, please mute your microphone except to testify. A. CALL TO ORDER B. ROLL CALL C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, March 10, 2022 — 4:00 p.m. or shortly thereafter D. APPROVAL OF AGENDA E. CONSENT AGENDA 1. APPROVAL OF MINUTES — 2. DIRECTORS REPORT LIQUOR CONTROL COMMISSION I FEBRUARY 24, 2022 PAGE 1 3 a. February 3, 2022 — February 17, 2022 3. INVESTIGATORS ACTIVITY REPORTS: 4. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" 5. ACTIONS OF THE DIRECTOR: a. REQUEST FOR TEMPORARY INCREASE OF PREMISES: 1. SUGUHARA RANCH INC. dba THE DOLPHIN POIPU: Approval of Temporary Increase of 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, February 2, 2022, through April 27, 2022, from 3:30 p.m. To 6:30 p.m. a. Applicant has met all requirements and clearances obtained with Department of Health, Building Division and Planning Department b. REQUEST FOR TEMPORARY REDUCTION OF PREMISES: 1. SOF-XI KAUAI PV GOLF, L.P. dba PRINCEVILLE MAKAI GOLF CLUB: Approval of Temporary Reduction of Premises to include the Princeville Makai Golf Course and Clubhouse area as per diagram submitted to accommodate a non-profit fundraiser event hosted by Boys & Girls Club of Hawaii at 4080 Lei 0 Papa Road, Princeville, Kauai, Hawaii on March 6, 2022, 6:00 a.m. To 3:00 p.m. 6. REQUEST FOR A FREE ONE DAY SPECIAL LICENSE CG FOUNDATION dba CG FOUNDATION: Application No. 2202-22 for a Free One -Day Special License was filed on January 15, 2022, by CG Foundation dba CG FOUNDATION sociation for a Free One -Day Special Dispenser General license on January 24, 2022, at Common Ground located at 4900 Kuawa Road, Kilauea, Kauai, Hawaii. CG FOUNDATION dba CG FOUNDATION: Application No. 2202-23 for a Free One -Day Special License was filed on January 15, 2022, by CG Foundation dba CG FOUNDATION sociation for a Free One -Day Special Dispenser General license on January 26, 2022, at Common Ground located at 4900 Kuawa Road, Kilauea, Kauai, Hawaii. c. BOYS & GIRLS CLUB OF HAWAII dba BOYS & GIRLS CLUB OF HAWAII: Application No. Free 2022-24 filed on February 2, 2022, by Boys & Girls Club of Hawaii for a Free One - Day Special Dispenser General license on March 6, 2022, at the Princeville Makai Golf Club located at 4080 Lei 0 Papa Rd., Princeville, Kauai, Hawaii. LIQUOR CONTROL COMMISSION I FEBRUARY 24, 2022 PAGE 1 4 d. NATIONAL TROPICAL BOTANICAL GARDEN dba NATIONAL TROPICAL BOTANICAL GARDEN: Application No. Free 2022-25 filed on February 1, 2022, by National Tropical Botanical Garden for a Free One -Day Special Dispenser General license on February 24, 2022, at the National Tropical Botanical Garden located at 4425 Lawai Road, Koloa, Kauai, Hawaii. KAUAI CHAMBER OF COMMERCE dba KAUAI CHAMBER OF COMMERCE: Application No. Free 2022-26 filed on February 14, 2022, by Kauai Chamber of Commerce for a Free One -Day Special Dispenser General license on March 10, 2022, at the Kauai Restoration & Cleaning located at 3093 Peleke St., Lihue, Kauai, Hawaii. 7. TRANSIENT VESSELS: HOLLAND AMERICA LINE N.V.: Approval of One Day Transient Vessel License No. 2022- 043 for the vessel MS. Koningsdam, on February 14, 2022. The vessel will be arriving at 7:OOAM and departing on the same day February 14, 2022, at 1:OOPM. b. HOLLAND AMERICA LINE N.V.: Approval of One Day Transient Vessel License No. 2022- 044 for the vessel MS. Koningsdam, on February 19, 2022. The vessel will be arriving at 7:OOAM and departing on the same day February 19, 2022, at S:OOPM. 8. CHANGE IN OFFICERS/DIRECTORS/ MEMBERS: a. QSI, INC. dba Times Supermarket, Big Save Eleele, Big Save Hanalei, Big Save Waimea, Big Save Kapaa, and Big Save Koloa,: Change of title for Reid K. Matsumoto to Executive Vice President/Treasurer/Secretary/Director and Addition of Kazuhiro Matsumoto and Eric Higa as Directors of QSI, Inc. dba Times Supermarket (4G-058), Big Save Eleele (4G-007), Big Save Hanalei (4G-008), Big Save Waimea (4G-012), Big Save Kapaa (4G-009) and Big Save Koloa (4G-010) as of December 1, 2021. b. MNS, LTD.: Deletion of Neil Ishida as Director for MNS, LTD. dba ABC Store #57 (4G-001), ABC Store #58 (4G-002), ABC Store #59 (4G-003), Island Country Markets (4G-014), Sueoka Market (4G-060) as of January 14, 2022. F. PUBLIC TESTIMONY: G. PUBLIC HEARING: HOMETOWN CANTEEN LLC. dba Mucho Aloha: HOMETOWN CANTEEN LLC. dba Mucho Aloha filed Application No. 2022-034 on April 6, 2021, for a New Brew Pub B (With Live Entertainment and Dancing) License located at 5330 Koloa Rd, Suite 13-1, Koloa, Kauai, Hawaii. Deposited $450.00. (Continued from 1/13/2022, 1/27/2022 and 2/10/2022) LIQUOR CONTROL COMMISSION I FEBRUARY 24, 2022 PAGE 1 5 2. KCY RESTAURANT, LLC. dba PUAKEA GRILL: Application 2022-037 was filed on September 2, 2021, by KCY Restaurant, LLC. dba Puakea Grill for New Restaurant General B (Live Entertainment and Dancing) License located at 4150 Nuhu Street, Lihue, Kauai, Hawaii. Deposited $450.00. a. All legal requirements have been met for today's public hearing. The applicant has sent out notices to property owners or lessees of record within 500 feet of the proposed premises and up until this time of the public hearing the department has received ten letters in support, and two letters of opposition to this application. H. NEW LICENSE: 1. HEALTHGO MARKET INC. dba HEALTHGO MARKET INC.: Application 2022-045 was filed on January 24, 2022, by HealthGo Market Inc. dba HealthGo Market Inc. for a Retail Dealer General License located at 4479 Rice Street, Lihue, Kauai, Hawaii. Deposited $450.00. DISCUSSION AND POSSIBLE ACTION TO ADOPT A COMMISSION POLICY RE: ORAL TESTIMONY 1. Attachment for consideration J. UPDATE, DISCUSSION AND POSSIBLE ACTION ON MEETING PROCEEDINGS K. 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, 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. RETURN TO OPEN SESSION: M. ROLL CALL FOR THE RETURN TO OPEN SESSION N. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION 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) LIQUOR CONTROL COMMISSION I FEBRUARY 24, 2022 PAGE 1 6 P. ADJOURNMENT 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, Hawai'i 96766). Please contact at (808) 241-4966 or liquor@kauai.gov to request access. LIQUOR CONTROL COMMISSION I FEBRUARY 24, 2022 PAGE 1 7