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HomeMy WebLinkAbout2022_0609 Liquor Open Session-Minutes - APPROVED.pdf��JJAPPRIV I ELD COUNTY OF KAUAI � JJ Minutes of Meeting OPEN SESSION See minutes of June 23, 2022. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date June 9, 2022 Location Pi'ikoi Building, Suite 300 4444 Rice Street, Lihue, HI 96766 Start of Meeting: 4:01 p.m. End of Meeting: 5:02 p.m. Present Chair Dee Crowell, Members: Gerald Matsunaga, Randall Nishimura, Lorna Nishimitsu Tess Shimabukuro Also: Liquor Control Staff: Assistant Chief Investigator Stacy Iwasaki, Boards & Commission Administrator Ellen Ching, Commission Support Clerk Malialani Kelekoma, Deputy County Attorney Charles Foster Tele Present Director Leo Sandoval -Reyes Excused Leland Kahawai Absent SUBJECT DISCUSSION ACTION A. CALL TO ORDER Chair Crowell called meeting to order @ 4:01 p.m. B. ROLL CALL Assistant Chief Investigator Stacy Iwasaki called roll, noting 5 members were present. Vice Chair Kahawai is excused constituting a quorum. C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, June 23rd, 2022 — 4:00 p.m. or shortly thereafter. Details on the meeting will be forthcoming. D. APPROVAL OF AGENDA Liquor Control Commission Open Session June 9 2022 Page 2 SUBJECT DISCUSSION ACTION Chair Crowell asked are there any changes to the agenda. Motion #1: Commissioner Shimabukuro commented there is one correction on page (3) E. Consent Agenda Item 4.b. Temporary Decrease of Premises to change the description: 1. Last Mr. Nishimura moved to accept the sentence should be corrected to say hosted by the Hawaii Hotel Industry Foundation agenda as approved. Mr. and not Kauai Chamber of Commerce. Matsunaga seconded the motion. Chair Crowell asked to add an agenda item to the Executive Session whether the Board Motion #2 has authority concerning his location outside of the County of Kauai. Commissioner Nishimura withdrew his motion and Commissioner Matsunaga withdrew Mr. Crowell moved to add an item his second. to the agenda to discuss the Director's living arrangements outside of the County of Kauai and Summary: Ms. Ching asked for the Country Attorney's guidance whether the his commute. To discuss the boards powers, duties, privilege's Commission can discuss this in Executive Session since it was not posted on the agenda. immunities, and liabilities. Also, to Mr. Foster noted that there are seven exceptions in which it may fall into. §HRS 92-5 (a) include amendments. Mr. to consult with the Boards attorney on issues containing to the board's powers, duties, Nishimura seconded the motion. privileges, immunities, and liabilities. Motion carried 5:0. Roll Call Vote: Mr. Nishimura —Aye Ms. Nishimitsu—Aye Ms. Shimabukuro—Aye Mr. Matsunaga—Aye Mr. Crowell —Aye Liquor Control Commission Open Session June 9 2022 Page 3 SUBJECT DISCUSSION ACTION E. CONSENT AGENDA 1. APPROVAL OF MINUTES: May 26, 2022 2. DIRECTORS REPORT: May 20, 2022 — May 31, 2022 3. EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" 4. ACTIONS OF THE DIRECTOR: a. REQUEST FOR FREE -ONE DAY SPECIAL LICENSE: 1. HAWAII HOTEL INDUSTRY FOUNDATION dba HAWAII HOTEL INDUSTRY FOUNDATION: Approval of Application No. Free 2022-36 filed on May 25, 2022, by Hawaii Hotel Industry Foundation for a Free One -Day Special Dispenser General license on July 9, 2022, at 2250 Ainako St., Koloa, Kauai, Hawaii. b. 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 Saturday, July 9, 2022. c. REQUEST FOR USE OF GAMING DEVICE 1. BATTERS UP: License No. 2BW-009 located at 1639 Haleukana St, Units 1&2, Lihue,Kauai, Hawaii requested approval of the use of, (1) Moopok, (1) Adult Liquor Control Commission Open Session June 9 2022 Page 4 SUBJECT DISCUSSION ACTION Jenga, abd (1) Mortime Hook. Request was approved for May 19, 2022, through Motion: Ms. Nishimitsu moved to approve the Consent Agenda. Mr. Nishimura seconded the motion with amendments and added 4. b.1.Temporary Decrease of Premises be corrected to Hawaii Hotel Industry Foundation and not Kauai Chamber of Commerce. Motion carried 5:0. June 30, 2022. 5. CHANGE IN OFFICERS/DIRECTORS/ MEMBERS: a. Kauai Blue, Inc.: Kauai Blue, Inc dba. Sheraton Kauai Resort Link Cafe (4G-025), dba Sheraton Kauai Resort — Ocean (12G-008), dba Sheraton Kauai Resort — Garden (12G-009) reports the deletion of Angela Kathryn Halladay as Vice President/Secretary, John Anthony Halea as Assistant Treasurer, Laurie A. Sullivan as Assistant Treasurer, and Ralph Lee Cunningham as President and CEO. Addition of Angela Kathryn Halladay as Assistant Secretary, John E. Geller, Jr. as Director, James H Hunter, IV s as Director, and Brian E. Miller as CEO, President and Director. b. Kawailoa Development LLC: Kawailoa Development LLC dba Grand Hyatt Kauai Resort & Spa reports the deletion of Hidetaka, Hashimoto as Auditor, deletion of Kohei, Aso as inspector, deletion of Kunihiro, Nowatari as Treasurer and the addition of Hiroki, Matsuda as Vice President & Secretary. F. PUBLIC TESTIMONY: Assistant Chief Investigator Stacy Iwasaki 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. Liquor Control Commission Open Session June 9 2022 Page 5 SUBJECT DISCUSSION ACTION G. ADOPTION OF DECISION AND ORDER: Motion: 1. Verde Restaurant dba Verde Lihue / Adiudication hearing held, May 26, 2022 Mr. Nishimura moved to approve the decision and order for Verde Commissioner Nishimitsu asked was the violation issued to Maris Scarbo-Manzano or to Restaurant. Mr. Matsunaga the employee. seconded the motion. Motion carried 5:0. Director Sandoval -Reyes replied to Ms. Scarbo-Manzano. H. VIOLATION REPORT: Motion: b. CLOROSHKO LLC. Dba Paco's Tacos 2G-073: Violation of rule 7.8(a)Manager on Mr. Nishimura moved to accept the duty, Qualifications. violation report for Cloroshko LLC. Dba Paco's Tacos and set for Commissioner Nishimitsu asked the department to inform the Limited Liability Adjudication Hearing. Ms. Company that a member of the LLC has to appear. It is a written authorization hearing Nishimitsu seconded the motion. of an employee. Motion carried 5:0. I. EXECUTIVE SESSION: Motion: Pursuant to HRS §92-7(a), the Commission may, when deemed necessary, hold an Mr. Crowell moved to enter executive session on any agenda item without written public notice if the executive Executive Session and to invite session was not anticipated in advance. Any such executive session shall be held Director Leo Sandoval -Reyes, pursuant to H.R.S. §92-4 and shall be limited to those items described in HRS §92-5(a) Assistant Chief Stacy Iwasaki, and Ms. Ellen Ching. Mr. Nishimura Summary: seconded the motion. Motion carried 5:0. At 4:23 p.m. the Commission entered into Executive Session. Liquor Control Commission Open Session June 9 2022 Page 6 SUBJECT DISCUSSION ACTION RETURN TO OPEN SESSION Motion: At 5:01 p.m. the Commission returned to Open Session. Ms. Nishimitsu moved to ratify the actions taken in Executive Session. Mr. Nishimura seconded the motion. Motion carried 5:0. J. ADJOURNMENT Motion: Ms. Nishimitsu moved to adjourn meeting. Mr. Matsunaga seconded the motion. Motion carried 5:0. At 5:02 pm meeting was adjourned. Submitted by: Malialani Kelekoma, Private Secretary Reviewed and Approved by: ( ) Approved as circulated. (X) Approved with amendments. See minutes of 06/23/2022 meeting. Dee Crowell, Chair