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HomeMy WebLinkAboutLCC 9.14.2022 Agenda {FINAL} mk.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 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 RANDALL NISHIMURA, MEMBER LORNA NISHIMITSU, MEMBER TESS SHIMABUKURO, MEMBER GERALD S. MATSUNAGA. MEMBER REGULAR MONTHLY MEETING NOTICE AND AGENDA Wednesday, September 14, 2022 1:00 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: September 28, 2022 — 1:00 p.m. or shortly thereafter. D. APPROVAL OF AGENDA: E. CONSENT AGENDA: 1. APPROVAL OF MINUTES: August 10, 2022 2. DIRECTORS REPORT: August 19, 2022 —September 8, 2022 3. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" 4. ACTIONS OF THE DIRECTOR: a. Transient Vessel License Issued for Ratification: 1. License No. TV-2023-018, TV-2023-019, TV-2023-020, TV-2023-021, TV-2023-022, TV-2023-023, TV-2023-024, TV-2023-025: NCL (Bahamas) LTD. dba Norwegian Spirit, for a Transient Vessel Liquor License, in port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 17,18,21,22, 2022; and November 22,23,27,28, 2022. PAGE 1 2 LIQUOR CONTROL COMMISSION SEPTEMBER 14, 2022 2. License No. TV-2023-008, TV-2023-009, TV-2023-010, TV-2023-011, TV-2023- 012, TV-2023-013, TV-2023-014, TV-2023-015, TV-2023-016, TV-2023- 017:Princess Cruise Lines LTD. dba Princess Cruise Lines LTD, for a Transient Vessel Liquor License, in the port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 9,16,30,31, 2022; and November 9,14,16,23,2022; and December 14, 27, 2022. 3. License No. TV-2023-19: Waldron Norton Lilly International Inc. dba Carnival Radiance, for a Transient Vessel Liquor License, in the port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 23, 2022. b. Request for Temporary Reduction of Premises KCY Restaurant, LLC. dba Puakea Grill (2G-099): located at 4150 Nuhou Street, Lihue, Kauai, Hawaii, requested a temporary reduction of premises to include the restaurant and lanai areas for a fundraising event to be held on September 10, 2022, and September 11, 2022. cial (Non -Profit) License Issued for Ratification: 1. License No. Free 2023-09: issued to Waipa Foundation, dba Waipa Foundation, for a non-profit fundraising event to take place at the Kamehameha Schools located at 5-5785 A Kuhio Highway, Hanalei, Kauai, Hawaii on September 24, 2022. 2. License No. Free 2023-08: issued Ahahui Koa Anuenue, dba Ahahui Koa Anuenue, for a non-profit fundraising event to take place at the Puakea Golf Course located at 4150 Nuhou St., Lihue, Kauai, Hawaii on September 11, 2022. 3. License No. Free 2023-07: issued Gather Federal Credit Union, dba Gather Federal Credit Union, for a non-profit fundraising event to take place at the Puakea Golf Course located at 4150 Nuhou St., Lihue, Kauai, Hawaii on September 10, 2022. 4. License No. Free 2023-10: issued to The Kauai Humane Society, dba The Kauai Human Society, for a non-profit fundraising event to take place at the Kauai Human Society located at 3-825 Kaumualii Hwy, Lihue, Kauai, Hawaii on October 1, 2022. PAGE 1 3 LIQUOR CONTROL COMMISSION SEPTEMBER 14, 2022 d. Special License Issued for Ratification: 1. License No. SG2023-05: filed on August 22, 2022, and issued to SGR Corp., dba Rob's Good Times Grill, for a Special Dispenser General License on September 30th, 2022. Event to take place outside the front entrance of the Kauai War Memorial Convention Hall as a beer garden located at 4191 Hardy Street, Lihue, Kauai, Hawaii. 2. License No. SG2023-06: filed on August 22, 2022, and issued to SGR Corp., dba Rob's Good Times Grill, for a Special Dispenser General License on October 1st, 2022. Event to take place outside the front entrance of the Kauai War Memorial Convention Hall as a beer garden located at 4191 Hardy Street, Lihue, Kauai, Hawaii. F. PUBLIC TESTIMONY ON ALL AGENDA ITEMS: G. ADOPTION OF DECISION AND ORDER: 1. Case No. 2023-006: True Protection Inc. dba Japanese Grandma (Deferred from 8/24/2022 for legal review). 2. Case No. 2023-007: Viva Kai dba Kai Coffee Roasters (Deferred from 8/24/2022 for legal review). 3. Case No. 2023-008: Tahiti Nui Enterprises, Inc. dba Tahiti Nui. 4. Case No. 2023-001: BAMF LLC. dba Batters up H. PUBLIC HEARINGS: 1. Kauai Private Chef, LLC. dba Scorpacciata: Application No. 2022-078 was filed on June 11, 2022, by Kauai Private Chef LLC. dba Scorpacciata for a New Restaurant General (B) Live Music & No Dancing, located inside the Harbor Mall at 3501 Rice Street, Space #1003, Lihue, Kauai, Hawaii. 2. Napali Brewing Company, LLC. dba Napali Brewing Company: Application No. 2022- 076 was filed on June 8, 2022, by Napali Brewing Company, LLC. dba Napali Brewing Company for a New Brewpub (B) with Live Entertainment and Dancing, located at 4- 361 Kuhio Hwy, Suite 100, Kapaa, Kauai, Hawaii. I. VIOLATION REPORT: 1. Case No. 2023-002: WB's Exclusive Lounge LLC. dba WB's Exclusive Lounge located at 2978 Umi Street, Lihue, Kauai, Hawaii, Violation of Rule 7.13 PAGE 1 4 LIO.UOR CONTROL COMMISSION SEPTEMBER 14, 2022 J. ADJUDICATION HEARINGS: 1. Case No. 2023-005: Red Rooster Restaurants, LLC. dba Fish Bar Deli: located at 4- 1380 Kuhio Hwy, Kapaa, Kauai, Hawaii. Violation of Rule 4.7, Failure to submit gross liquor sales on or before July 31 as required by this Commission. Report was received on August 7, 2022. 2. Case No. 2023-003: Resort Management International Inc. a California Corporation dba The Point at Poipu located at 1613 Pee Road, Poipu, Kauai, Hawaii. Violation of Rule 7.8, Manager on duty. 3. Case No. 2023-004: Shivalik Indian Cuisine, LLC. dba Shivalik Indian Cuisine located at 4-771 Kuhio Hwy, Kapaa, Kauai, Hawaii. Violation of Rule 4.7, Failure to submit gross liquor sales on or before July 31 as required by this Commission. Report was received on August 3, 2022. K. LICENSE IN ABEYANCE: 1. Hometown Canteen LLC. dba Mucho Aloha Brewhouse: Request from Hometown Canteen LLC. to hold Brewpub License No.14G-003 in abeyance (safekeeping) as they continue construction with a projected completion date of April 2023. L. DISCUSSION AND DECISION MAKING ON THE DIRECTOR'S JOB PERFORMANCE EVALUATION PROCESS M. DISCUSSION AND DECISION MAKING ON THE CREATING A MONTHLY REPORTING FORMAT FOR THE DIRECTOR OF LIQUOR CONTROL N. ADJOURNMENT 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) 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 mkelekoma@kauai.gov to request access. PAGE 1 5 LIQUOR CONTROL COMMISSION SEPTEMBER 14, 2022