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Home My WebLink About2022_0512 Liquor Open Session-Minutes - APPROVED.pdf��JJAPPRIV I ELD COUNTY OF KAUAI � JJ Minutes of Meeting OPEN SESSION See Open Session minutes of 05/26/2022. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date May 12, 2022 Location Pi'ikoi Building, Suite 300 4444 Rice Street, Lihue, HI 96766 Start of Meeting: 4:00 p.m. End of Meeting: 4:59 p.m. Present Chair Dee Crowell, Vice Chair Kahawai Members: Gerald Matsunaga, Randall Nishimura, Tess Shimabukuro Also: Liquor Control Staff: Director Leo Sandoval, Commission Support Clerk Malialani Kelekoma, Ellen Ching, Administrator Boards & Commission, Deputy County Attorney Charles Foster Excused Commissioner Lorna Nishimitsu 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 5 members were present. Commissioner Nishimitsu is excused constituting a quorum. C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, May 26, 2022 — 4:00 p.m. or shortly thereafter. Details on the meeting will be forthcoming. D. APPROVAL OF AGENDA Motion: Mr. Matsunaga moved to approve the agenda as circulated. Mr. Kahawai seconded the motion. Liquor Control Commission Open Session May 12, 2022 Page 2 SUBJECT DISCUSSION ACTION Motion carried 4:0 Commissioner Nishimura entered the Liquor Control Commission Meeting at 4:01 p.m. E. CONSENT AGENDA 1. APPROVAL OF MINUTES: a. Open Session Minutes of April 28, 2022 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, 2022, at 3-825 Kaumuali'i Highway, Lihue, Kauai, Hawaii. 2. 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- Liquor Control Commission Open Session May 12, 2022 Page 3 SUBJECT DISCUSSION ACTION 825 Kaumuali'i 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 Kaumuali'i 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: 1. 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. Liquor Control Commission Open Session May 12, 2022 Page 4 SUBJECT DISCUSSION ACTION 6. CHANGE IN OFFICERS/DIRECTORS/ MEMBERS: a. YOUNG'S MARKET COMPANY, LLC dba RNDC OF HAWAII: Deletion of Thomas Motion: 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- Mr. Kahawai moved to approve the 001. items in the consent agenda. Mr. Matsunaga seconded the motion. b. SAFEWAY INC.: Deletion of Gary R. Morton as Vice President, Treasurer and Motion carried 5:0 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. F. PUBLIC TESTIMONY: Director Sandoval asked if there's anyone in the public who wishes to testify on any item of the agenda. You can step up to the microphone and identify yourself. No 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, Motion #1: Hawaii. Deposited $450.00. Mr. Matsunaga moved to close the a. All legal requirements have been met for today's public hearing. Public Hearing for Application No. 2022-045 for HealthGo Market Inc. b. The applicant has sent out notices to property owners or lessees of record Mr. Nishimura seconded the Liquor Control Commission Open Session May 12, 2022 Page 5 SUBJECT DISCUSSION ACTION within 500 feet of the proposed premises and up until this time of the public motion. Motion carried 5:0. hearing the department has not received any letters in support or opposition to this application. Summary: Public Hearing for Application No. 2022-045 for HealthGo Market Inc. Mr. Motion #2 Jeremy Hillstrom Owner was present. He received a copy of the Investigator's Report and had no questions or comments for the Commission. Commissioner Nishimura asked Mr. Matsunaga moved to approve if the outside seating was allowed for drinking. Mr. Hill responded no; we are a Natural Application No. 2022-045 for Food Store. No one was here to speak on this application. HealthGo Market Inc. Mr. Nishimura seconded the motion. The Public Hearing for Application 2022-045 HealthGo Market Inc. closed. Motion carried 5:0 Roll Call Vote: Mr. Matsunaga- Aye Ms. Shimabukuro—Aye Mr. Nishimura —Aye Mr. Kahawai —Aye Mr. Crowel I — Aye H. NEW LIQUOR LICENSE APPLICATION: Motion: Mr. Nishimura moved to accept 1. KAUAI ISLAND BREWING COMPANY-KOLOA, LLC. dba KAUAI ISLAND BREWING Application No. 2022-050 Kauai COMPANY: Application 2022-050 was file on March 8, 2022, by Kauai Island Island Brewing Company-Koloa, LLC Brewing Company-Koloa, LLC. dba Kauai Island Brewing Company for a New dba Kauai Island Brewing company Restaurant General (B) With Live Entertainment and Dancing located at 5460 for Publication and Public Hearing. Koloa Road Suite 1-102, Koloa, Kauai, Hawaii. Deposited $450.00. Mr. Matsunaga seconded the motion. Motion carried 5:0. I. VIOLATION REPORT: Motion: Liquor Control Commission Open Session May 12, 2022 Page 6 SUBJECT DISCUSSION ACTION Mr. Nishimura moved to receive 1. VERDE RESTAURANT LLC. dba VERDE LIHUE: Violation of rule 7.8(a)Manager on the violation report for Verde Duty, Qualifications. Restaurant LLC. dba Verde Lihue for a Violation Hearing. Mr. Kahawai seconded the motion. Motion carried 5:0. J. REQUEST FOR PERMANENT INCREASE/EXTENSION TO PREMISES 1. MPK MANAGEMENT LLC. dba THE BEACH HOUSE RESTAURANT: Request for a Motion #1: permanent increase of premises to include the outdoor lawn space as indicated on the attached photographs and diagrams that were submitted on April 13, Mr. Nishimura moved to approve 2022. Applicant has met all requirements and clearances from Department of the MPK Management LLC. dba Health, The County of Kauai Building Division, and Planning Department. The Beach House Restaurant (Deferred from 4/28/2022 meeting) extension of premises to be co - terminus with the current SMA a. The Applicant has received an approval from the Planning Commission for an approval and that the applicants SMA on April 12, 2022. The decision has been attached to this request come back at the end of 18 months specifying the conditions of the SMA. In condition #24 of the SMA, the Planning to renew their extension of Commission has granted the SMA on a temporary basis of 18 month. premises on October 12, 2023. Mr. Matsunaga seconded the motion. Summary: Sara Hill and Erica Dunn were present to represent MPK Management LLC Motion carried 5:0. dba The Beach House Restaurant. Questions and concerns were raised by the Commissioners for clarification: - Map labeled temporary rather than permanent - Ms. Hill explained that it is the same proposal and no changes. - Planning on serving liquor outside of the 20 events that were against what was designated on the maximum from the Planning Commission? Ms. Hill replied yes, the plan that you can see there, where there's the extra little box that's the Liquor Control Commission Open Session May 12, 2022 Page 7 SUBJECT DISCUSSION ACTION area where we hold events. The 20 events per month that were limited to would be held in that area. On the right-hand side, that's every night, we have lovely patio furniture. People are seated out there for pupus and drinks until the sun sets. - Permanent extension approved do you intend to put something up more permanent- Ms. Hill replied, not acceptable in terms of the zoning for the area. Kauai Liquor Rules do not require a barrier of any sort. - Commissioner's asked Investigator Reid Yoshida about the barriers around the location. Set of barriers are around the liquor consumption area. - How do you propose to enforce consumption of liquor outside the premises? Motion #2 Director Leo Sandoval -Reyes commented more frequent unannounced inspections. It's hard to tell whether they are coming from the neighboring Mr. Nishimura moved to approve residences. Tahiti Nui Enterprises INC. dba Tahiti Nui for a permanent 2. TAHITI NUI ENTERPRISES INC. dba TAHITI NUI: Request for a permanent increase. Ms. Shimabukuro increase of premises to include the ground area within the front fence line seconded the motion. Motion below the porch for additional seating as indicated on the attached photographs carried 5:0. 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. Summary: Nanea Marston was present to represent Tahiti Nui Enterprises INC. dba Tahiti Nui. Advised the Commission that they will be installing a rock wall and plan on helping to install a sidewalk. Commissioners requested that they control the noise and be in compliance with the original application. 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 Liquor Control Commission Open Session May 12, 2022 Page 8 SUBJECT DISCUSSION ACTION 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. Summary: Jim Grueber and Jessica Geffert were present to represent Kauai Brewers Motion #3 LLC. dba Kauai Beer Company. Questions from the Commissioners: Mr. Matsunaga moved to approve - Is this within your property area — Yes. Kauai Brewers LLC. dba Kauai Beer - There is a mezzanine or overhang is that part of your request — No. Company for a permanent - There are two buildings 4265 and 4261— That's the current brewery space and increase. Mr. Nishimura seconded in front is the restaurant. the motion. Motion carried 5:0. K. REQUEST FOR SOLICITOR'S PERMIT Motion: 1. DARYL HIROMU DATE: Application No. 2022-060 was filed on April 14, 2022, by Mr. Nishimura moved to approve Daryl Hiromu Date for a Solicitor's Permit in the County of Kauai to represent Application No. 2022-060 for Daryl Kukui Meat Market, Inc., a Wholesale Dealer General licensee in the City & Hiromu Date for a Solicitors Permit County of Honolulu. Deposited $180.00 to represent Kukui Meat Market, INC. Mr. Matsunaga seconded the motion. Motion carried 5:0. L. AUTHORIZED AGENT: Motion: 1. PRIDE OF AMERICA SHIP HOLDING, LLC. Dba Pride of America: Authorization for Mr. Nishimura moved to approved Alex M. Chun from Watanabe Ing. LLP as Authorized Agent for Pride of America Alex M. Chun from Watanabe Ing. Ship Holding, LLC. dba Pride of America for License No. TVA-003 a transient LLP as an Authorized Agent for vessel. Pride of America Ship Holding, LLC. dba Pride of America for License Liquor Control Commission Open Session May 12, 2022 Page 9 SUBJECT DISCUSSION ACTION No.TVA-003 for a transient vessel. M. EXECUTIVE SESSION:(CLOSED TO THE PUBLIC) No Action 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 Motion: Mr. Nishimura moved to adjourn meeting. Mr. Matsunaga seconded the motion. Motion carried 5:0. At 4:59 pm meeting was adjourned. Submitted by: Malialani Kelekoma, Commission Support Clerk Reviewed and Approved by: ( ) Approved as circulated. (X) Approved with amendments. See minutes of 05/26/2022 meeting. Dee Crowell, Chair