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HomeMy WebLinkAboutLCC 5.26.22 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 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. 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, May 26, 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, June 9th, 2022 — 4:00 p.m. or shortly thereafter D. APPROVAL OF AGENDA E. CONSENT AGENDA 1. APPROVAL OF MINUTES: May 12, 2022 2. DIRECTORS REPORT: May 3, 2022 — May 19, 2022 3. EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" 4. ACTIONS OF THE DIRECTOR: a. APPROVAL OF TRANSIET VESSEL LICENSE: 1. NCL (BAHAMAS), LT.: Approval of One Day Transient Vessel License for the vessel Norwegian Spirit, on May 16, 2022, from 9:OOAM until Midnight, May 17,2022, from 12:01AM until 2:OOPM, May 21,2022, from 8:OOAM until Midnight, May 22, from 12:01AM until 2:OOPM, June 10, from 4:OOPM until Midnight, June 11, from 12:01AM until 2:OOPM. June 13, from 8:OOAM until PAGE 1 2 LIQUOR CONTROL COMMISSION MAY 26, 2022 Midnight, and June 14, from 12:01AM until 2:OOPM. b. REQUEST FOR USE OF GAMING DEVICE KAUAI BOWL INC.: License No. 5G-026 located at 4303 Rice Street Suite Al, Lihue, Kauai, Hawaii requested approval of the use of (1) Sweet Stuff Crane and (1) Tomb Raider Game. Request was approved on May 10, 2022, valid through June 30, 2022. c. REQUEST FOR FREE -ONE DAY SPECIAL LICENSE: NATIONAL TROPICAL BOTANICAL GARDEN dba NATIONAL TROPICAL BOTANICAL GARDEN: Approval of Application No. Free 2022-xx filed on May 18, 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. d. CHANGE IN OFFICERS/DIRECTORS/ MEMBERS: QSI, INC. dba Times Supermarket, Big Save Eleele, Big Save Hanalei, Big Save Waimea, Big Save Kapaa, and Big Save Koloa,: Deletion of Naoki Yoshida as President/ Director, Change of title for Kazuhiro Matsumoto from Director to President/Director and Addition of Noya Tanioka 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 March 1, 2022. e. REQUEST FOR SOLICITOR'S PERMIT GARRET TSUKASA LOW: Application No. 2022-072 was filed on May 16, 2022, by Garret Tsukasa Low, for a Solicitor's Permit in the County of Kauai to represent The Cherry Company, LTD., a Wholesale Dealer General licensee in the City & County of Honolulu. Deposited $180.00 2. WESLEY AKIRA SAKAMOTO: Application No. 2022-071 was filed on May 16, 2022, by Wesley Akira Sakamoto, for a Solicitor's Permit in the County of Kauai to represent The Cherry Company, LTD., a Wholesale Dealer General licensee in the City & County of Honolulu. Deposited $180.00 PAGE 1 3 LIQUOR CONTROL COMMISSION MAY 26, 2022 f. AUTHORIZED AGENT 1. NCL (BAHAMAS)LTD. dba Norwegian Cruise Lines: Authorization for Dawn A. Egusa from Watanabe Ing. LLP as Authorized Agent for NCL (Bahamas) LTD. dba Norwegian Cruise Lines for a New Transient Vessel License. F. PUBLIC TESTIMONY: G. PUBLIC HEARINGS: 1. TWO PEAS, LLC dba TWO PEAS: Application No. 2022-056 was filed on April 4, 2022, by Two Peas, LLC dba Two Peas for a transfer of Restaurant General (B) Live Music and Dancing License No. 2G-009 from Ginger and Thai Basil LLC. dba JO2 Restaurant to Two Peas LLC. dba Two Peas Located at 4-971 Kuhio Hwy, Kapaa, Kauai, Hawaii. Deposited $335.00. 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 records within 500 feet of the proposed premises and up until the time of the public hearing the department has not received any letters in support or opposition to this application. H. PRELIMINARY HEARINGS (NEW LICENSE): 1. New Liquor Licenses: a. ONE 38 INC. dba WAIPOULI WINE & SPRITS: Application 2022-070 was filed on May 5, 2022, by One 38 Inc. dba Waipouli Wine & Spirits for a Retail Dealer General license located at 4-776 Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $450.00 I. ADJUDICATION HEARINGS: 1. VERDE RESTAURANT LLC. dba VERDE LIHUE: Violation of rule 7.8(a)Manager on Duty, Qualifications. a. Verde Restaurant LLC. Is licensed as a restaurant permitted to sell liquor for on - premises consumption. b. On April 26, 2022, at 11:15 a.m. Investigator Herman entered the licensed location to conduct an inspection. While at the location Investigator Herman made contact with the owner, who stated she was in charge, but her blue card was expired. The owner called over the manager on duty to verify she was in PAGE 1 4 LIQUOR CONTROL COMMISSION MAY 26, 2022 possession of a blue card. The manager on duty did not possess on her person a blue card. After further investigator the blue card for the manager was also expired. 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 Prior 24-month violation history- None J. 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) K. 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, Hawaii 96766). Please contact at (808) 241-4966 or liquor@kauai.gov to request access. 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