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HomeMy WebLinkAbout2022_0428 Liquor Open Session-Minutes - APPROVED.pdf��JJAPPRIV I ELD COUNTY OF KAUAI � JJ Minutes of Meeting OPEN SESSION See Open Session minutes of 5-12-2022. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date April 28, 2022 Location Pi'ikoi Building, Suite 300 4444 Rice Street, Lihue, HI 96766 Start of Meeting: 4:00 p.m. End of Meeting: 4:40 p.m. Present Chair Dee Crowell, Vice Chair Kahawai Members: Gerald Matsunaga, Lorna Nishimitsu, Randall Nishimura, Tess Shimabukuro Also: Liquor Control Staff: Director Leo Sandoval, Assistant Chief Liquor Investigator Stacy Iwasaki, Commission Support Clerk Malialani Kelekoma, Ellen Ching, Administrator Boards & Commission, Deputy County Attorney Charles Foster Excused Absent SUBJECT DISCUSSION ACTION A. CALL TO ORDER Chair Crowell called meeting to order 4:00 p.m. B. ROLL CALL Director Leo Sandoval called roll, noting 6 members were present, constituting a quorum. C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, May 12, 2022 — 4:00 p.m. or shortly thereafter. Details on the meeting will be forthcoming. D. APPROVAL OF AGENDA Director Leo Sandoval requested to make an amendment to the agenda Item G.1 New Liquor License Application: Kauai Island Brewing-Koloa, LLC dba Kauai Island Brewing Liquor Control Commission Open Session April 28, 2022 Page 2 SUBJECT DISCUSSION ACTION Company the applicant has some updates and corrections that need to be done to the application. Motion: Mr. Kahawai moved to approve the agenda with amendments. Mr. Nishimura seconded the motion. Motion carried 6:0. E. CONSENT AGENDA 1. APPROVAL OF MINUTES: a. Open Session Minutes of April 14, 2022 2. DIRECTORS REPORT: April 8, 2022—April 18, 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. TEMPORARY DECREASE OF PREMISES: 1. TROY'S LLC. dba TROY'S: Approval of Temporary reduction of licensed premises to include the main dining room. Diagram is attached to the application in the Liquor Control Commission Open Session April 28, 2022 Page 3 SUBJECT DISCUSSION ACTION packet. The premises will be reduced on April 14, 2022, from 2pm —10pm, to accommodate for a wedding Reception. Motion #1: 2. MPK MANAGEMENT COMPANY LLC. dba THE BEACH HOUSE RESTAURANT: Mr. Nishimura moved to approve Approval of Temporary Increase of licensed premises to include the patio lawn the Consent Agenda as distributed. space, as seen in the attached, from April 12, 2022, through July 12, 2022. Mr. Matsunaga seconded the motion. b. REQUEST FOR USE OF GAMING DEVICE 1. LAVA LAVA BEACH CLUB 2: License No. 2G-035 located at 420 Papaloa Road, Motion #2: Kapaa, Kauai, Hawaii requested approval of the use of, (1) Cornhole, (1) Connect Four, (1) Ping Pong, (1) Foosball table, (1) Lawn Checkers, (1) Giant Jenga, (1) Mr. Nishimura moved to approve Ladder Ball, and (1) Bucket Toss game. Request was approved from April 13, the Consent Agenda with the 2022, through June 30, 2022. exception of the Open Session Minutes of 04/14/2022. Mr. Commissioner Nishimitsu asked was the Deputy present at the last meeting and does Matsunaga seconded the motion. not see it noted. Motion Carried 5:1 Mrs. Kelekoma responded he was present. Motion #3: Motion to approve the agenda as circulated, motion withdrawn by Commissioner Nishimura and seconded withdrawn by Commissioner Matsunaga. Ms. Nishimitsu moved to approve Open Session Minutes of 04/14/2022 with amendments to add Assistant Chief Liquor Investigator Stacy Iwasaki as being present. Mr. Nishimura seconded the motion. Motion carried 5:1 Liquor Control Commission Open Session April 28, 2022 Page 4 SUBJECT DISCUSSION ACTION F. PUBLIC TESTIMONY: Director Sandoval asked if there's anyone in the public who wishes to testify on any item of the agenda. No Public Testimony. G. NEW LIQUOR LICENSE APPLICATION 1. KAUAI ISLAND BREWING COMPANY-KOLOA, LLC. dba KAUAI ISLAND BREWING Removed from the agenda. 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 5485 Koloa Road #12, Koloa, Kauai, Hawaii. Deposited $450.00. 2. LADY ANN CRUISES LLC. dba MARINA A: Application 2022-059 was filed on April 15t Motion: 12, 2022, by Lady Ann Cruises LLC. dba Marina A for a New General Tour or Cruise Vessel License moored at Kikiaola Small Boat Harbor located at 8932 Mr. Nishimura moved to Kekaha Road, Kekaha, Kauai, Hawaii. Deposited $100.00- NO PUBLIC HEARING accept application No. 2022-059 REQUIRED. Tour Vessel Exception, Rule 2.5(j) permits license approval by Lady Ann Cruises LLC. dba Marina A Commission. for a New Liquor License. Ms. Nishimitsu seconded the motion. Chair Crowell asked if the applicant was present. Motion carried 6:0. Summary: Questions were asked when the vessel leaves and returns and if he passengers permitted to carry out. Where the liquor is stored. Director Sandoval replied it is only on the vessel and yes that is a violation if they carry out. They serve the alcohol halfway through their tour. It's a sunset tour that lasts about three hours. Liquor Control Commission Open Session April 28, 2022 Page 5 SUBJECT DISCUSSION ACTION Chair Crowell called for a roll call vote. Roll Call: Mr. Matsunaga—Aye Ms. Nishimitsu —Aye Mr. Nishimura —Aye Ms. Shimabukuro-Aye Vice Chair Kahawai- Aye Chair Crowell - Aye H. APPLICATION FOR TRANSFER OF LIQUOR LICENSE Motion: 1. TWO PEAS, LLC dba TWO PEAS: Application No. 2022-056 was filed on April 4, Mr. Nishimura moved to receive 2022, by Two Peas, LLC dba Two Peas for a transfer of Restaurant General (B) Application No. 2022-056 for a Live Music and Dancing License No. 2G-009 from Ginger and Thai Basil LLC. dba transfer License No. 2G-009 from JO2 Restaurant to Two Peas LLC. dba Two Peas Located at 4-971 Kuhio Hwy, Ginger and Thai Basil LLC. dba JO2 Kapaa, Kauai, Hawaii. Deposited $335.00. Restaurant to schedule for Publication and Public Hearing. Mr. Matsunaga seconded the motion. Motion carried 6:0. I. APPLICATION FOR TEMPORARY LIQUOR LICENSE Motion: 1. TWO PEAS, LLC dba TWO PEAS: Application No. 2022-057 was filed on April 4, Mr. Kahawai moved to approve 2022, by Two Peas LLC. dba Two Peas for a temporary Restaurant General (B) Application No.2022-057 for Two Live Music and Dancing, to operate License No. 2G-009 located at 4-971 Kuhio Peas, LLC dba Two Peas for a Hwy, Kapaa, Kauai, Hawaii. temporary Restaurant General (B) Live Music and Dancing Liquor License. Ms. Nishimitsu seconded Liquor Control Commission Open Session April 28, 2022 Page 6 SUBJECT DISCUSSION ACTION the motion. Motion carried 6:0. J. REQUEST FOR PERMANENT INCREASE/EXTENSION TO PREMISES Motion #1: 1. MPK MANAGEMENT LLC. dba THE BEACH HOUSE RESTAURANT: Request for a Mr. Nishimura moved to receive permanent increase of premises to include the outdoor lawn space as indicated the application for request for on the attached photographs and diagrams that were submitted on April 13, Permanent Increase/Extension to 2022. Applicant has met all requirements and clearances from Department of Premises for Liquor License 2G- Health, The County of Kauai Building Division, and Planning Department. 045, MPK Management LLC. dba The Beach House Restaurant to a. The Applicant has received an approval from the Planning Commission for an Publish and schedule a Public SMA on April 12, 2022. The decision has been attached to this request Hearing. Ms. Nishimitsu seconded specifying the conditions of the SMA. In condition #24 of the SMA, the Planning the motion. Commission has granted the SMA on a temporary basis of 18 month. Motion #2 Summary: Commissioners had concerns to the nature of this application. Having a Mr. Nishimura moved to defer Public Hearing (HRS 281-62) (HRS 281-39.5), temporary Permit will expire on July 121", action on request for Permanent 2022. The temporary does not extend to the sidewalk, the permanent does. The Increase/Extension to Premises for sidewalk is 4ft wide and the beach is right adjacent to that. No significant means to MPK Management LLC dba The control liquor. Beach House Restaurant to May 12, 2022, and have applicant be Motion to receive the application Commissioner Nishimura withdrew his motion present to discuss their application. and Commissioner Nishimitsu withdrew her second. Mr. Matsunaga seconded the motion. Motion carried 6:0. K. AUTHORIZED AGENT Motion: 1. ALBERTSON COMPANIES INC. dba Safeway: Authorization for Corporation Ms. Nishimitsu moved to approve Liquor Control Commission Open Session April 28, 2022 Page 7 SUBJECT DISCUSSION ACTION Service Company as the Authorized Agent for all Albertson Companies Inc. dba Authorized Agent Albertson Safeway at the following licensed locations: License No. 4G-051, 4-831 Kuhio Companies Inc. dba Safeway for Hwy, Kapaa, Kauai, Hawaii, and License No. 4G-011, 4454 Nuhou Street, Lihue, License No. 4G-051 Safeway Kapaa Kauai, Hawaii. and License No. 4G-011 Safeway Lihue. Mr. Nishimura seconded the motion. Motion carried 6:0. L. UPDATE, DISCUSSION, AND POSSIBLE ACTION ON MEETING PROCEEDINGS (Continued Motion: from 3-24-2022 and 4-14-2022 meeting.) Mr. Matsunaga moved to have the Summary: Commissioners discussed they are able to meet on every 2nd and 4t" Liquor Control Commission Wednesday at 1:00 p.m. beginning August 10, 2022. Ms. Ching Boards and Commissions meetings on the 2nd and 4t" Administrator confirmed the day and times does not conflict with other Commissions. Wednesdays at 1:00 p.m. beginning August 10, 2022. Mr. Nishimura seconded the motion. Motion carried 6:0. M. ADJOURNMENT Motion: Mr. Nishimura moved to adjourn the meeting. Mr. Matsunaga seconded the motion. Motion carried 6:0. At 4:40 pm meeting was adjourned. Submitted by: Malialani Kelekoma, Commission Support Clerk Reviewed and Approved by: Dee Crowell, Chair Liquor Control Commission Open Session April 28, 2022 Page 8 (X) Approved as circulated. ( ) Approved with amendments. See minutes of meeting.