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Home My WebLink AboutLCC 4.14.2022 Agenda.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 during the public testimony portion of the meeting via Microsoft Teams remote technology platform. • 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 RANDALL NISHIMURA, MEMBER LORNA NISHIMITSU, MEMBER TESS SHIMABUKURO, MEMBER GERALD S. MATSUNAGA. MEMBER REGULAR MONTHLY MEETING NOTICE AND AGENDA Thursday, April 14, 2022 4:00 p.m. or shortly thereafter Pi'ikoi Building, Suite 300 4444 Rice Street, Lihue, HI 96766 A. CALL TO ORDER B. ROLL CALL C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, April 28, 2022 — 4:00 p.m. or shortly thereafter D. APPROVAL OF AGENDA E. CONSENT AGENDA 1. APPROVAL OF MINUTES: a. February 24, 2022 b. March 10, 2022 c. March 24, 2022 2. DIRECTORS REPORT: March 18, 2022 — April 7, 2022 3. INVESTIGATORS ACTIVITY REPORTS: 4. EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" 5. ACTIONS OF THE DIRECTOR: a. TRANSIENT VESSEL: PAGE 1 2 LIQUOR CONTROL COMMISSION APRIL 14, 2022 1. OCEANIA CRUISES S. DE R.L.: Approval of One Day Transient Vessel for the vessel Regatta, on April 17, 2022. The vessel will be departing on the same day at 4:00 p.m. 2. MAGICAL CRUISE COMPANY, LIMITED: Approval of One Day Transient Vessel for the vessel Disney Wonder, on May 3, 4, 9, and 10, 2022. The vessel will be arriving on May 3, 2022, and departing on May 4, 2022, at 4:45 p.m.,then once again arriving on May 9, 2022, and departing May 10, 2022, at 4:45 p.m. b. REQUEST FOR FREE -ONE DAY SPECIAL LICENSE: THE KAUAI HUMANE SOCIETY dba THE KAUAI HUMANE SOCIETY: Approval of Application No. Free 2022-30 filed on March 14, 2022, by The Kauai Humane Society for a Free One -Day Special Retail General license on April 19, 2022, at 3-825 Kaumualii Highway, Lihue, Kauai, Hawaii. 2. KAMAWAELUALANI CORP. dba KAMAWAELUALANI CORP.: Approval of Application No. Free 2022-29 filed on March 9, 2022, by Kamawaelualani Corp. for a Free One -Day Special Dispenser General License on April 9, 2022, at Poipu Beach Athletic Club, 2290 Poipu Road, Koloa, Kauai, Hawaii. 3. ISLAND SCHOOL dba ISLAND SCHOOL: Approval of Application No. Free 2022- 28 filed on March 15, 2022, by Island School for a Free One -Day Special Retail General License on April 2, 2022, at Royal Sonesta Kauai Resort, 3160 Rice Street, Nawiliwili, Kauai, Hawaii. 4. SGF CORP. dba ROB'S GOOD TIMES GRILL: Approval of Application No. SG2022-02 filed on March 16, 2022, by SGF Corp. for a Special General Dispenser License on April 3, 2022, at Kauai War Memorial Hall - Outdoor, 4191 Hardy Street, Lihue, Kauai, Hawaii. 5. SGF CORP. dba ROB'S GOOD TIMES GRILL: Approval of Application No. SG2022-03 filed on March 16, 2022, by SGF Corp. for a Special General Dispenser License on April 10, 2022, at Kauai War Memorial Hall - Outdoor, 4191 Hardy Street, Lihue, Kauai, Hawaii. 6. REQUEST FOR USE OF GAMING DEVICE a. THE POINT AT POIPU: License No. 5G-024 located at 1613 Pe'e Road, Koloa, Kauai, Hawaii requested approval of the use of (1) Ping Pong Table, (1) Bingo, (1) Giant Connect Four, (2) Corn Hole, and (1) Water Balloon Toss. Request was approved from April 1, 2022, through June 30, 2022. PAGE 1 3 LIQUOR CONTROL COMMISSION APRIL 14, 2022 7. TEMPORARY DECREASE OF PREMISES: ROYAL SONESTA KAUAI RESORT dba ROYAL SONESTA KAUAI RESORT: Approval of Temporary reduction of licensed premises to include the Kauai Ballroom. Diagram is attached to the application in the packet. The premises will be reduced on April 2, 2022, to accommodate for a non-profit charity fundraiser. b. PBAC LLC. dba POIPU BEACH ATHLETIC CLUB: Approval of Temporary reduction of licensed premises to include the lower field as diagramed in the attached application in the packet. The premises will reduce on April 9, 2022, to accommodate for a special fundraiser for Kamawaelualani Corp. F. PUBLIC TESTIMONY: G. PUBLIC HEARING: 1. HAOLE GIRL ISLAND SWEETS, LLC. dba STREET BURGER: Applicant No. 2022-046 was filed on February 25, 2022, by Haole Girl Island Sweets, LLC. dba Street Burger for a transfer of Restaurant General (A) No live music & No dancing from Double Rainbow Inc., license 2G-028 to Haole Girl Island Sweets, LLC. located at 4-369 Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $335.00 a. All legal requirements have been met for today's public hearing. H. VIOLATION HEARING 1. ET & WT LLC. dba Kenli Burger: Violation of Rule 7.8 Manager on Duty, qualifications. At the Kapaa location under License No. 2BW-004. a. ET & WT LLC. is licensed as a restaurant permitted to sell liquor for on -premises consumption. b. On March 2, 2022, at 3:52 p.m., Investigator Berry entered the licensed location to conduct an inspection. While at the location Investigator Berry asked the employee on duty identified Kathleen Hays if she had a blue card. Ms. Hays stated she did not and that she had taken the test earlier but did not pass. When asked if there were any other employees working with a blue card. None of the employees working possessed a valid blue card. c. Rule 7.8 Manager on duty, qualifications (a) states: a person who is not less than twenty-one years of age must be in active charge of any on premises establishment during the time the establishment is open for business and licensed to sell or serve liquor. d. Prior 24-month violation history 11/30/2020 Violation of Rule 3.1- Posting of Rules. PAGE 1 4 LIQUOR CONTROL COMMISSION APRIL 14, 2022 I. NEW LIQUOR LICENSE APPLICATION 1. GORDON LLC. dba TABLE AT POIPU: Application No. 2022-051 was filed on February 4, 2022, by Gordon LLC. dba Table at Poipu for a New Restaurant (B) Live Entertainment, No Dancing License located at 2829 Ala Kalanikaumaka Street, Koloa, Kauai, Hawaii. Deposited $450.00 2. CG HOSPITALITY LLC dba FARMSHOP COMMON GROUND: Application No. 2022-058 was filed on April 1, 2022, for a New Restaurant General (B) Live Entertainment and Dancing located at 4900 Kuawa Rd. Kilauea, Kauai, Hawaii. Deposited $450.00 J. UPDATE, DISCUSSION, AND POSSIBLE ACTION ON MEETING PROCEEDINGS (Continued from 3-24-2022 meeting.) K. DISCUSSION AND POSSIBLE DECISION -MAKING ON THE FORMATION OF A PERMITTED ACTION GROUP TO DRAFT RECOMMENDATIONS ON THE GOALS AND OBJECTIVES FOR THE DIRECTOR OF LIQUOR CONTROL 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. 1. Approval of Executive Minutes - 2/10/2022 M. RETURN TO OPEN SESSION N. ROLL CALL FOR THE RETURN TO OPEN SESSION O. RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION P. 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) Q. ADJOURNMENT PAGE 1 5 LIQUOR CONTROL COMMISSION APRIL 14, 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 liquor@kauai.gov to request access. PAGE 1 6 LIQUOR CONTROL COMMISSION APRIL 14, 2022