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Home My WebLink AboutLCC 5.12.2022 Agenda {FINAL} .pdfLIQUOR CONTROL COMMISSION DEE CROWELL, CHAIR LELAND KAHAWAI, VICE CHAIR RANDALL NISHIMURA, MEMBER LORNA NISHIMITSU, MEMBER GARY PACHECO, 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.Pov 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. 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 GARY PACHECO, MEMBER TESS SHIMABUKURO, MEMBER GERALD S. MATSUNAGA. MEMBER REGULAR MONTHLY MEETING NOTICE AND AGENDA Thursday, May 12, 2022 4:00 p.m. or shortly thereafter Uhu'e Civic Center Pi'ikoi Building, Suite 300 4444 Rice Street, Uhu'e, HI 96766 A. CALL TO ORDER B. ROLL CALL C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, May 26, 2022 — 4:00 p.m. or shortly thereafter D. APPROVAL OF AGENDA E. CONSENT AGENDA 1. APPROVAL OF MINUTES: 2. DIRECTORS REPORT: April 19, 2022 — May 2, 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. REQUEST FOR FREE -ONE DAY SPECIAL LICENSE: 1. THE KAUAI HUMANE SOCIETY dba THE KAUAI HUMANE SOCIETY: Approval of Application No. Free 2022-31 filed on April 21, 2022, by The Kauai Humane Society for a Free One -Day Special Dispenser General license on May 22, PAGE 1 2 LIQUOR CONTROL COMMISSION MAY 12, 2022 2022, at 3-825 Kaumualii Highway, Lihue, Kauai, Hawaii. THE KAUAI HUMANE SOCIETY dba THE KAUAI HUMANE SOCIETY: Approval of Application No. Free 2022-32 filed on April 21, 2022, by The Kauai Humane Society for a Free One -Day Special Retail General license on May 24, 2022, at 3-825 Kaumualii Highway, Lihue, Kauai, Hawaii. 3. NATIONAL TROPICAL BOTANICAL GARDEN dba NATIONAL TROPICAL BOTANICAL GARDEN: Approval of Application No. Free 2022-33 filed on April 12, 2022, by National Tropical Botanical Garden for a Free One -Day Special Dispenser General license on May 24, 2022, at 3-825 Kaumualii Highway, Lihue, Kauai, Hawaii. 4. KAUAI CHAMBER OF COMMERCE dba KAUAI CHAMBER OF COMMERCE: Application No. Free 2022-34 filed on April 25, 2022, by Kauai Chamber of Commerce for a Free One -Day Special Dispenser General license on May 15, 2022, at the Poipu Bay Golf Course located at 2250 Ainako Street, Koloa, Kauai, Hawaii. b. TEMPORARY INCREASE OF PREMISES: SUGAHARA 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, May 4, 2022, through July 27, 2022, from 3:30 p.m. To 6:30 p.m. Applicant has met all requirements and clearances obtained with Department Health, Building Division and Planning Department. c. TEMPORARY DECREASE OF PREMISES: 1. KAWAILOA DEVELOPMENT dba GRAND HYATT KAUAI RESORT & SPA: Approval of Temporary reduction of licensed premises to include the entire 18-hole Poipu Bay Golf Course for a fundraising event to be hosted by Kauai Chamber of Commerce on Sunday, May 15, 2022. 6. CHANGE IN OFFICERS/DIRECTORS/ MEMBERS: a. YOUNG'S MARKET COMPANY, LLC dba RNDC OF HAWAII: Deletion of Thomas Cole as CEO & President and the addition of title to Nicholas M. Mehall as CEO & President for Young's Market Company, LLC dba RNDC of Hawaii License No. 3G- 001. b. SAFEWAY INC.: Deletion of Gary R. Morton as Vice President, Treasurer and Assistant Secretary and the addition of Cody Perdue as Vice President, Treasurer, Assistant Secretary, and Director for Safeway Inc. Dba Safeway Stores Lic. No. 4G-011 and 4G051. PAGE 1 3 LIQUOR CONTROL COMMISSION MAY 12, 2022 F. PUBLIC TESTIMONY: G. PUBLIC HEARING: 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. a. All legal requirements have been met for today's public hearing. b. 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 not received any letters in support or opposition to this application. H. NEW LIQUOR LICENSE APPLICATION: 1. KAUAI ISLAND BREWING COMPANY-KOLOA, LLC. dba KAUAI ISLAND BREWING COMPANY: Application 2022-050 was file on March 8, 2022, by Kauai Island Brewing Company-Koloa, LLC. dba Kauai Island Brewing Company for a New Restaurant General (B) With Live Entertainment and Dancing located at 5460 Koloa Road Suite I- 102, Koloa, Kauai, Hawaii. Deposited $450.00. VIOLATION REPORT: 1. VERDE RESTAURANT LLC. dba VERDE LIHUE: Violation of rule 7.8(a)Manager on Duty, Qualifications. J. REQUEST FOR PERMANENT INCREASE/EXTENSION TO PREMISES 1. MPK MANAGEMENT LLC. dba THE BEACH HOUSE RESTAURANT: Request for a permanent increase of premises to include the outdoor lawn space as indicated on the attached photographs and diagrams that were submitted on April 13, 2022. Applicant has met all requirements and clearances from Department of Health, The County of Kauai Building Division, and Planning Department. (Deferred from 4/28/2022 meeting) a. The Applicant has received an approval from the Planning Commission for an SMA on April 12, 2022. The decision has been attached to this request specifying the conditions of the SMA. In condition #24 of the SMA, the Planning Commission has granted the SMA on a temporary basis of 18 month. PAGE 1 4 LIQUOR CONTROL COMMISSION MAY 12, 2022 2. TAHITI NUI ENTERPRISES INC. dba TAHITI NUI: Request for a permanent increase of premises to include the ground area within the front fence line below the porch for additional seating as indicated on the attached photographs and diagrams that were submitted on April 7, 2022. Applicant has met all requirements and clearances from Department of Health, The County of Kauai Building Division, and Planning Department. 3. KAUAI BREWERS LLC. dba KAUAI BEER COMPANY: Request for a permanent increase of premises to include outdoor seating area next door encompassing a space of approximately 26'x48' located adjacent to the main restaurant as diagramed. Request was submitted on April 20, 2022. Applicant has met all requirements and clearances from Department of Health, The County of Kauai Building Division, and Planning Department. K. REQUEST FOR SOLICITOR'S PERMIT 1. DARYL HIROMU DATE: Application No. 2022-060 was filed on April 14, 2022, by Daryl Hiromu Date for a Solicitor's Permit in the County of Kauai to represent Kukui Meat Market, Inc., a Wholesale Dealer General licensee in the City & County of Honolulu. Deposited $180.00 L. AUTHORIZED AGENT: 1. PRIDE OF AMERICA SHIP HOLDING, LLC. Dba Pride of America: Authorization for Alex M. Chun from Watanabe Ing. LLP as Authorized Agent for Pride of America Ship Holding, LLC. dba Pride of America for License No. TVA-003 a transient vessel. M. EXECUTIVE SESSION:(CLOSED TO THE PUBLI 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) N. 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. PAGE 1 5 LIQUOR CONTROL COMMISSION MAY 12, 2022