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HomeMy WebLinkAbout2022_0623 Liquor Open Session-Minutes - APPROVED.pdfCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION AIFIFIR1111WErr'iJ Approved with amendments see Open Session minutes of 7/14/22. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date June 23, 2022 Location Pi'ikoi Building, Suite 300 4444 Rice Street, Lihue, HI 96766 Start of Meeting: 4:00 p.m. End of Meeting: 4:53 p.m. Present Pro Tern Chair: Gerald Matsunaga, Members: Randall Nishimura, Lorna Nishimitsu and Tess Shimabukuro Also: Liquor Control Staff: Assistant Chief Investigator Stacy Iwasaki, Liquor Private Secretary: Malialani Kelekoma, Boards & Commission Administrator: Ellen Ching Deputy County Attorney Charles Foster Excused Leland Kahawai, Dee Crowell, Director Leo Sandoval -Reyes Absent SUBJECT DISCUSSION ACTION A. CALL TO ORDER Pro Tern Chair Matsunaga called meeting to order @ 4:00 p.m. NOMINATE PRO TEM CHAIR Motion: Deputy County Attorney Charles Foster advised the Commission to nominate a Chair. Mr. Nishimura moved to designate Commissioner Matsunaga as Pro Tern Chair. Ms. Nishimitsu seconded the motion. Motion carried 4:0. B. ROLL CALL Assistant Chief Investigator Iwasaki called roll, noting 4 members were present. Chair Dee Crowell and Vice Chair Kahawai is excused constituting a quorum. C. ANNOUNCEMENTS: Next Scheduled Meeting: Thursday, July 14th, 2022 — 4:00 p.m. or shortly thereafter. Liquor Control Commission Open Session June 23, 2022 Page 2 SUBJECT DISCUSSION ACTION Details on the meeting will be forthcoming. D. APPROVAL OF AGENDA Motion: Mr. Nishimura moved to defer item Pro Tern Chair Matsunaga asked are there any changes to the agenda. K. Discussion and possible decision Commissioner Nishimura requested to defer Item K: making on Directors Physical residency requirements and DISCUSSION AND POSSIBLE DECISION MAKING ON DIRECTORS PHYSICAL RESIDENCY ove the schedule and approve the agenda scheduleapprove REQUIREMENTS AND SCHEDULE (Human Resources Representative has been circulated. Nishimitsu requested to be present) seconded the motion. Motion carried 4:0. E. CONSENT AGENDA 1. APPROVAL OF MINUTES: June 9, 2022 2. DIRECTORS REPORT: June 1, 2022—June 14, 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. NAWILIWILI YACHT CLUB dba NAWILIWILI YACHT CLUB: Approval of Application No. Free 2022-37 filed on June 7, 2022, by Nawiliwili Yacht Club for a Free One- Liquor Control Commission Open Session June 23, 2022 Page 3 SUBJECT DISCUSSION ACTION day Special Dispenser license on June 24, 2022, at 2494 Niumalu Road, Lihue, Hawaii. b. SPECIAL LICENSE APPLICATIONS: 1. NSPLL, LLC. dba North Shore Preserve: Approval of Application No. 2022-077 for Special License No. SG 2022-04, filed by NSPLL, dba North Shore Preserve for a Special Dispenser license on June 23, 2022, at Common Ground, 4900 Kuawa Road, Kilauea, Kauai, Hawaii. 5. PERMANANT DECREASE OF PREMISES: a. VAN WESCOMP HAWAII INC. dba Koa Kea Hotel & Resort: Request permanent decrease in premises approximately 650 square feet of space to include the front desk area and sundry area as diagramed to make space for a new retail general license that is proposed to utilize the space. Landlord clearance has been obtained and approved prior to the request. 6. AUTHORIZED AGENT: a. Pride of America Ship Holding, LLC.: Authorization for Dawn A. Esuga and Alex M. Chun as Counsel and Authorized agent for Pride of America Ship Holding, LLC. Liquor Control Commission Open Session June 23, 2022 Page 4 SUBJECT DISCUSSION ACTION 7. CHANGE IN OFFICERS/DIRECTORS/MEMBERS: a. Kawailoa Development LLP, dba Grand Hyatt Kauai Resort & Spa and Poipu Bay Clubhouse (12G-002 & 5G-028) reports the deletion of Hidetaka Hashimoto as Auditor, Jun Fukuda as Vice President, Kunihiro Nowatari as Treasurer and Toshiaki Shindo as Treasurer. Addition of Kohei Aso as Auditor, Jun Fukada as Executive Vice President, Toshiro Shindo as Vice President/Secretary and Hiroki Matsuda as Vice Motion: President/Treasurer. Mr. Nishimura moved to accept the Commissioner Nishimitsu commented for the June 9th, 2022, minutes on page 1. it Consent Agenda as amended. doesn't note the presence of Commissioner Nishimura. Deputy Director noted that Nishimitsu seconded the motion. there was a quorum. Motion carried 4:0. F. PUBLIC TESTIMONY: Assistant Chief Investigator 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. G. PUBLIC HEARINGS: 1. CLOROSHKO LLC. dba PACO'S TACOS CANTINA KAPAA: Application No. 2022-035 was filed on July 20, 2021, by Cloroshko LLC. dba Paco's Tacos for a New Restaurant General (A) No live Entertainment and no dancing located at 4-1292 Liquor Control Commission Open Session June 23, 2022 Page 5 SUBJECT DISCUSSION ACTION Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $450.00 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. Pro Tern Chair Matsunaga opened the Public Hearing for Application No.2022-035. Did you receive a copy of the departments report and do you have any comments? Do you agree, disagree any amendments that we should make? Summary: Ms. Elizabeth Dias, Owner was present to represent Cloroshko LLC. dba Paco's Tacos. She received a copy of the report and had no questions or comments. Motion: Question from Commissioner Nishimitsu for the Deputy Director they are currently operating under a license that was for live entertainment and dancing, which the Mr. Nishimura moved to approve licensees said would not be occurring because of issues with the neighbors. That license Application No. 2022-035 for is in effect and a brand-new license is being sought. Assuming that this license is Cloroshko LLC. dba Paco's Tacos granted, do we then need to take action to terminate the existent license? Recommend Cantina Kapaa and any existing taking action regarding both licenses. For the record is there anyone in opposition or in Liquor License attached to this favor of the application? Any questions to the applicant from the Commissioners? None property be forfeited at the time of in opposition or in favor of the application. Question from Commissioner Shimabukuro issuance of the new license. Ms. asked the applicant you have a map included here, is the 2nd floor part of the area that Nishimitsu seconded the motion. you are applying for are you intended to have public access? Ms Dias replied, no public Motion carried 4:0. access only for workers. The Public Hearing for Application No. 2022-035 is closed. Liquor Control Commission Open Session June 23, 2022 Page 6 SUBJECT DISCUSSION ACTION 2. CG HOSPITALITY, LLC. dba FARMSHOP COMMON GROUND: Application No. 2022-058 was filed on April 1, 2022, for a New Restaurant General (B) Live Entertainment and Dancing located at 4900 Kuawa Rd. Kilauea, Kauai, Hawaii. Deposited $450.00 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. Pro Tern Chair Matsunaga opened the Public Hearing for Application No. 2022-058 is now open, state your name and your affiliation with the applicant. Summary: Adam Watten Director of Food Systems and Culinary Director for CG Hospitality was present. He is authorized to represent the applicant. He had no questions or comments on the report. He did not read the final report and was given the opportunity to read it. There was no opposition or anyone in favor of the Motion: application. Concerns from the Commissioners regarding noise, a question of either the Mr. Nishimura moved to approve Attorney or Deputy Director the applicant has said that if there were complaints Application No. 2022-058 for CG regarding the noise, they would either lower the sound of the music or stop the Hospitality, LLC. dba Farmshop entertainment altogether. How does that get implemented? If the complaint is not Common Ground, as represented made to the department that is made only to the licensee? Mr. Foster replied when the by the applicant with the condition department learns of it, they can take action and do a notice of violation. that if there are any complaints for Mr. Watten agreed that they would lower the music or stop the entertainment. The noise that they would either lower diagram shows the entire property being licensed and how will they control liquor. Mr. the sound or stop the Watten advised that the staff would be monitoring those areas and if needed post entertainment altogether and that boundaries. Customers are served in plastic cups and may leave the licensed premise the department enforce area; how do you enforce? It is a private property and gated we have control of Liquor Control Commission Open Session June 23, 2022 Page 7 SUBJECT DISCUSSION ACTION everyone that enters and exits. accordingly. Ms. Nishimitsu seconded the motion. Motion The Public Hearing for Application No. 2022-058 is closed. carried 4:0. 3. GORDON LLC. dba TABLE AT POIPU: Application No. 2022-051 was filed on February 4, 2022, by Gordon LLC. dba Table at Poipu for a New Restaurant (B) Live Entertainment, No Dancing License located at 2829 Ala Kalanikaumaka Motion: Street, Koloa, Kauai, Hawaii. Deposited $450.00 Mr. Nishimura moved to approve Application No. 2022-051 for a. All legal requirements have been met for today's public hearing. Gordon LLC. dba Table at Poipu, as represented by the applicant with b. The applicant has sent out notices to property owners or lessees of the condition that if there are records within 500 feet of the proposed premises and up until the time issues with the sound or of the public hearing the department has not received any letters in entertainment that they would support or opposition to this application. lower the sound or cut the entertainment. Ms. Nishimitsu Pro Tern Chair Matsunaga opened the Public Hearing for Application No. 2022-051 is seconded the motion. Motion now open, state your name and your affiliation with the applicant. carried 4:0. Summary: John Paul Gordon, Owner was present he received the Investigator's Report and had no questions or comments. There was no one in opposition or in favor of the application. Question from Commissioners do you know if there are any other tenants within the project that have live entertainment and dancing license? The Shopping Center has live entertainment usually on Wednesday's and Merrimans on Thursday. Do you have any problems with lowering the sound or stopping the music if there are any complaints? Mr. Gordon replied no problem. The Public Hearing for Application No. 2022-051 is closed. Liquor Control Commission Open Session June 23, 2022 Page 8 SUBJECT DISCUSSION ACTION H. PRELIMINARY HEARINGS (NEW LICENSE): Motion #1 Mr. Nishimura moved to accept 1. VAN WESCOMP HAWAII INC. dba VAN WESCOMP HAWAII INC.: Application No. Application No. 2022-073 Van 2022-073 was filed on May 26, 2022, by Van Wescomp Hawaii Inc. dba Van Wescomp Hawaii INC. dba Van Wescomp Hawaii Inc. For a Retail Dealer General license located at 2251 Poipu Wescomp Hawaii INC. for a Retail Road, Koloa, Kauai, Hawaii. Deposited $450.00 Dealer General License and that the site plans, be verified prior to Public Hearing and schedule for Public Hearing and Publication. Ms. Shimabukuro seconded the motion. Motion carried 4:0. 2. AG AVALON, LLC. dba AVALON GASTROPUB: Application No. 2022-074 was filed Motion #2 Mr. Nishimura moved to accept on June 7, 2022, by AG AVALON, LLC. dba AVALON GASTROPUB for a New Application No. 2022-074 AG Restaurant General (B) with Live Entertainment and Dancing located at 2555 Ala Avalon, LLC dba Avalon Gastropub Namahana Parkway, Kilauea, Kauai, Hawaii Deposited $450.00 for a General License (B) and that the department and applicant resolve the site plan requirements. Schedule for Publication and Public Hearing. Ms. Shimabukuro seconded the motion. Motion Liquor Control Commission Open Session June 23, 2022 Page 9 SUBJECT DISCUSSION ACTION carried 4:0. Motion #3 3. AG AVALON, LLC. dba AVALON WHISKEY SHOP: Application No. 2022-075 was Mr. Nishimura moved to accept filed on June 7, 2022, by AG AVALON, LLC. dba AVALON WHISKEY SHOP for a Application No. 2022-075 AG New Retail Dealer General license located at 2555 Ala Namahana Parkway, Avalon, LLC dba Avalon Whiskey Kilauea, Kauai, Hawaii, Deposited $ 450.00 Shop for a Retail Dealer General License and that the department Commissioner Nishimura asked the department on the site map page 111 out of 163 and applicant resolve site planning this is for the two Avalon applications I don't see any reference to the street address issues; Publish and schedule for that's noted on the application on the site map. If that can be addressed prior to the public Hearing. public hearing. Ms. Shimabukuro seconded the motion. Motion carried 4:0. Commissioner Shimabukuro commented on the diagram for Van Wescomp Hawaii INC. is very confusing. Request that the department ask the applicant to provide a clearer diagram prior to the public hearing. I. VIOLATION REPORT: Motion #1 Mr. Nishimura moved to accept the 1. KENJI BURGER KAPAA dba Kenji Burger Kapaa: Violation of rule 3.12 Commission departments Violation report for Orders. ET & WT LLC Kenji Burger dba Kenji Burger Kapaa and schedule for an Adjudication Hearing. Ms. Nishimitsu seconded the motion. Motion carried 4:0. Liquor Control Commission Open Session June 23, 2022 Page 10 SUBJECT DISCUSSION ACTION Motion #2 2. NAWILIWILI TAVERN dba Nawiliwili Tavern: Violation of rule 7.13 Fight and Mr. Nishimura moved to accept the Disturbance Reports. departments Violation report for Geffert & Apo dba Nawiliwili Tavern and schedule for an Summary: Commission suggested that when the Notice of Violation is sent out for Adjudication Hearing. Ms. publication and it, correctly identifies the licensee versus the DBA. It should state the Nishimitsu seconded the motion. person appearing must either be a member, officer an attorney of record or a written Motion carried 4:0. authorization for a substitute to appear. This should be handled by administration. J. ADJUDICATION HEARINGS: 1. CLOROSHKO LLC. dba Paco's Tacos (Kalaheo) 2G-073: Violation of rule 7.8(a)Manager on duty, Qualifications. a. Cloroshko LLC. Is licensed as a restaurant permitted to sell liquor for on - premises consumption. b. On April 5, 2022, at 3:45PM, Investigator Berry entered the location to conduct a routine inspection. At the time of the inspection the location did not have a blue card holder on duty. c. Violation History within 24 months: No prior violation at this location or the others under the same DBA. Pro Tern Chair Matsunaga asked Ms. Elizabeth Diaz if she was the owner and to raise her right hand and swear to tell the truth, the whole truth and nothing but the truth. She responded yes, she waived her rights to the reading of the charges and admitted to Liquor Control Commission Open Session June 23, 2022 Page 1 1 SUBJECT DISCUSSION ACTION the charge. Ms. Diaz explained to the Commission that the blue card holder had to be rushed to the hospital and was there for three days. There were no similar violations for Motion #1: this licensee. There were no questions from the Commissioners. The department Mr. Nishimura recommended a recommended a $500.00 fine. Ms. Diaz presented a doctor's note to the Commission letter of reprimand that they take however she did not give the note to the department. the necessary measures, even if someone has to go to the hospital. Commissioner Nishimura recommended a letter of reprimand that they take the You are now put on record that necessary measures, even if someone has to go to the hospital. You are now put on you need to have someone with a record that you need to have someone with a blue card to replace that person. blue card to replace that person. Commissioner Nishimitsu commented I'm not going to second that motion because if there is a subsequent violation it wouldn't appear necessarily on the record as a Motion #2 violation, but merely as a reprimand. I can support imposing the recommended fine Ms. Nishimitsu recommended to $500 and suspending all $500 worth of it. issue a fine of $500.00 and suspend $500.00 for a period of one year, Mr. Nishimura withdrew his motion. provided you do not commit the same offense, or you will have to pay the $500.00 plus additional sanctions. Mr. Nishimura seconded the motion. Motion carried 4:0. K. DISCUSSION AND POSSIBLE DECISION MAKING ON DIRECTORS PHYSICAL Deferred to July 14, 2022 RESIDENCY REQUIREMENTS AND SCHEDULE (Human Resources Representative has been requested to be present) 1. Discussion of physical residency requirements of the Director of Liquor Control. 2. Discussion about a possible hybrid physical/teleworking work schedule for the Liquor Control Commission Open Session June 23, 2022 Page 12 SUBJECT DISCUSSION ACTION Director of Liquor Control. L. EXECUTIVE SESSION: Motion: Pursuant to HRS §92-7(a), the Commission may, when deemed necessary, hold an Mr. Nishimura moved to executive session on any agenda item without written public notice if the defer Executive Session Minutes of executive session was not anticipated in advance. Any such executive session shall June 9, 2022 to July 14, 2022. Ms. be held pursuant to H.R.S. §92-4 and shall be limited to those items described in Nishimitsu seconded the motion. HRS §92-5(a) Motion carried 4:0. 1. APPROVAL OF EXECUTIVE SESSION MINUTES: June 9, 2022 M. ADJOURNMENT Motion: Mr. Nishimura moved to adjourn meeting. Ms. Nishimitsu seconded the motion. Motion carried 4:0. At 4:53 pm meeting was adjourned. Submitted by: Malialani Kelekoma, Private Secretary ( ) Approved as circulated. (X) Approved with amendments. See 07/14/2022 meeting. Reviewed and Approved by: Leo Sandoval -Reyes, Director of Liquor Control