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HomeMy WebLinkAbout2022_0914 Liquor Open Session-Minutes - APPROVED.pdfCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION JUPPHROMPAN Approved see Open Session Minutes of 10/26/2022. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date September 14, 2022 Location Pi'ikoi Building, Suite 300 4444 Rice Street, Lihue, HI 96766 Start of Meeting: 1:09 p.m. End of Meeting: 3:00 p.m. Present Chair Dee Crowell, 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: Aaron Larrimore Excused Leland Kahawai, Gerald Matsunaga, and Leo Sandoval -Reyes. Absent SUBJECT DISCUSSION ACTION A. CALL TO ORDER Chair Crowell called meeting to order @ 1:09 p.m. B. ROLL CALL Assistant Chief Investigator Iwasaki called roll, Vice Chair Kahawai and Commissioner Matsunaga is excused, noting four members were present constituting a quorum. C. ANNOUNCEMENTS: Next Scheduled Meeting: Wednesday September 28th, 2022 — 1:00 p.m. or shortly thereafter. Details on the meeting will be forthcoming. D. APPROVAL OF AGENDA Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this agenda item. Commissioner Nishimura requested to remove the approval of minutes August 10, Liquor Control Commission Open Session September 14, 2022 Page 2 SUBJECT DISCUSSION ACTION 2022, from the Consent Agenda as he did not have a chance to review it. Chair Crowell advised when we go to item E. Motion: Commissioner Nishimitsu requested to correct item E.4. c.4. from Human to Humane. Mr. Nishimura moved to approve the agenda as modified (item E.4.c.4. Human to Humane). Ms. Shimabukuro seconded the motion. Motion carried 4:0. E. CONSENT AGENDA: Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this agenda item 1. APPROVAL GU MIN T-E& August 10, 2 Removed from Consent Agenda. 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. Liquor Control Commission Open Session September 14, 2022 Page 3 SUBJECT DISCUSSION ACTION 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 1. 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. c. Special (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. Liquor Control Commission Open Session September 14, 2022 Page 4 SUBJECT DISCUSSION ACTION 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 Humane Society, for a non-profit fundraising event to take place at the Kauai Humane Society located at 3-825 Kaumuali'i Hwy, Lihue, Kauai, Hawaii on Motion #1: October 1, 2022. Ms. Nishimitsu moved to approve d. Special License Issued for Ratification: the Consent Agenda with the exception of item B.1 Approval of 1. License No. SG2023-05: filed on August 22, 2022, and issued to SGR Minutes: August 10, 2022. Ms. Corp., dba Rob's Good Times Grill, for a Special Dispenser General Shimabukuro seconded the License on September 30, 2022. Event to take place outside the front motion. Motion carried 4:0. entrance of the Kauai War Memorial Convention Hall as a beer garden located at 4191 Hardy Street, Lihue, Kauai, Hawaii. Motion #2 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 Mr. Nishimura requested that the License on October 1, 2022. Event to take place outside the front Approval of Minutes of August 10, entrance of the Kauai War Memorial Convention Hall as a beer garden 2022, be scheduled for the next located at 4191 Hardy Street, Lihue, Kauai, Hawaii. Commission Meeting and that the Director review the minutes. Ms. Commissioner Shimabukuro requested that the Director review the minutes before it is Nishimitsu seconded the motion. placed in the packet. Motion carried 4:0. Liquor Control Commission Open Session September 14, 2022 Page 5 SUBJECT DISCUSSION ACTION F. PUBLIC TESTIMONY ON ALL AGENDA ITEMS: Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this item at this time. G. ADOPTION OF DECISION AND ORDER: Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this item at this time. 1. Case No. 2023-006: True Protection Inc. dba Japanese Grandma Cafe (Deferred from 8/24/2022 for legal review). Chair Crowell asked if anyone was here representing Tru Protection Inc., Japanese No one was present to represent. Grandma Cafe. Motion: Ms. Nishimitsu moved that the Commission approve the issuance of the Finding of Facts, Conclusions of Law, Decision and Order on this item G. 1. Case No. 2023-006 True Protection Inc. dba Japanese Grandma. Mr. Nishimura seconded the motion. Motion carried 4:0. Liquor Control Commission Open Session September 14, 2022 Page 6 SUBJECT DISCUSSION ACTION 2. Case No. 2023-007: Viva Kai dba Kai Coffee Roasters (Deferred from 8/24/2022 for legal review). Chair Crowell asked if anyone was here representing Viva Kai dba Kai Coffee Roasters. No one was present to represent Viva Kai dba Kai Coffee Roasters. Motion: Ms. Nishimitsu moved to approve the issuance of the Finding of Facts, Conclusions of Law, Decision and Order on item G. 2. Case No. 2023-007: Viva Kai dba Kai Coffee Roasters. Mr. Nishimura seconded the motion. Motion carried 4:0. Liquor Control Commission Open Session September 14, 2022 Page 7 SUBJECT DISCUSSION ACTION 3. Case No. 2023-008: Tahiti Nui Enterprises, Inc. dba Tahiti Nui. Chair Crowell asked if anyone was here representing Tahiti Nui Enterprises, Inc. dba No one was present to represent Tahiti Nui. Tahiti Nui Enterprises, Inc. dba Tahiti Nui. Motion: Ms. Nishimitsu moved that this Commission authorize the issuance of the finding of Facts, Conclusions of Law, Decision and order on this item 3. Case No. 2023-008: Tahiti Nui Enterprises, Inc. dba Tahiti Nui Mr. Nishimura seconded the motion. Motion carried 4:0. Liquor Control Commission Open Session September 14, 2022 Page 8 SUBJECT DISCUSSION ACTION 4. Case No. 2023-001: BAMF LLC. dba Batters up. Chair Crowell asked if anyone was here representing BAMF LLC. dba Batters up. No one was present to represent BAMF LLC. dba Batters up. Motion: Ms. Nishimitsu moved that this Commission authorize the issuance of the Finding of Facts, Conclusions of Law, Decision and Order except for a correction to the 2nd to the last sentence on page 1. Changing the word face to fact on item G. 4. Case No. 2023-001: BAMF LLC. dba Batters up. Mr. Nishimura seconded the motion. Motion carried 4:0. H. PUBLIC HEARINGS: Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this item at this time. 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 Liquor Control Commission Open Session September 14, 2022 Page 9 SUBJECT DISCUSSION ACTION General (B) Live Music & No Dancing, located inside the Harbor Mall at 3501 Rice Street, Space #1003, Lihue, Kauai, Hawaii. Chair Crowell advised members of the public they may testify now or during the public hearing itself. Does it get put into the record now or during the public hearing. Mr. Larrimore, Deputy County Attorney for the record, I would have done it, if someone would like to testify and have it entered in the record for the public hearing. Otherwise, it would be just for purposes on this agenda item. I would recommend if they were going to testify to do it in the Public Hearing. Member of the public asked for the Deputy County Attorney Aaron Larrimore to clarify. Mr. Larrimore replied if you would like to testify on this, for this public hearing to give your opinion on the license for the record in the public hearing, ou would do so during the public hearing, not before the public hearing begins. This is one of these tricky aspects of Hawaii's Law. At this point in time, for every agenda item the board has to allow testimony on it before the agenda item proceeds. This way you can either testify before or after or you could testify for both. If you would like to testify for purposes of entering your testimony to the record for the public hearing in which you would do so at the public hearing. Jonathon Chun, Counsel and Corey Stokes, Member/Owner on behalf of the applicant was present to represent Kauai Private Chef, LLC. dba Scorpacciata. Mr. Chun advised the Commission that he has reviewed the report and briefly discussed this application with some of the members of the public. We are aware that Liquor Control Commission Open Session September 14, 2022 Page 10 SUBJECT DISCUSSION ACTION the concern from members of the public is there are other liquor licenses that are within this shopping center Anchor Cove, sorry Harbor Mall. We do know in the past other liquor licenses with customers have given problems to the residents in the past. We are aware of that; Mr. Stokes had represented to the residents that he has no immediate plans to do entertainment. He plans to only apply for a license to give them the flexibility to use live entertainment on special occasions. The questions that were asked was what the operating hours of the premises are and during the summer hours. It will be open till 10 o'clock and non -summer hours 9 o'clock, that was represented to the residents. We would be willing to place that into the license also if the Commission so desires. Other questions that were asked, what kind of liquor would we be selling, Mr. Stokes did represent to the residents that he has planned for beer and wine only, no mixed drinks. Mr. Stokes commented he would like the opportunity to do mixed drinks at some point, to have that in my back pocket. Mr. Chun replied for now it's just beer and wine he wants to have a subsequent flexibility to offer mix drinks at a later time. We are aware of the concerns of the employee parking is close to the residential area. The landlord has done that to keep the customer parking away from the residential areas. We have also instructed which is part of the rules that the employees cannot be drinking while on duty. The employer Mr. Stokes will make sure that when the employee leaves the premises, they will leave the premises and the parking lot. They are not allowed to stay in the parking area or to drink in the parking area which has been a problem. We do recognize it has been a problem in the past with the other licensees and employees of those licensees. We have represented to the residents that will be done by Mr. Stokes. Chair Crowell asked where the employee's parking area is located. Does it have parking all over the place. Liquor Control Commission Open Session September 14, 2022 Page 11 SUBJECT DISCUSSION ACTION Mr. Chun replied it is across the stream, there are two bridges. Yes. We have reviewed the report and we don't have any objections to the report. Notices were filed and sent out to the residents as required. We do know that there are other liquor licenses in the premises. There are concern from them as they said part of the noise and the activities of customers and probably past employees of other licensees. You have our word, and we will do our best to alleviate those concerns or mitigate those concerns, especially if it comes to employees. Commissioner Nishimitsu asked Mr. Chun to tell us where the residential areas are that would be immediately affected. Mr. Chun responded you see Uncle D's Kauai, you go immediately to the left, there is a house there and various houses there in that area. There is also some on the far left, I do live on the top of that valley, and I do agree that if there is a loud gathering you can hear it. The valley walls echoes. The nearest residence is probably just above Uncle D's where that sign is at and there are other residents to the immediate left. Employee parking is that entire stretch area on the left is employee parking across the stream. Commissioner Shimabukuro asked where are you planning to have your live music and dancing. Mr. Stokes commented there is no dancing, live music is inside on the front right side of the restaurant Commissioner Shimabukuro replied I did not find a map of the area that you are asking for. Will you be serving alcohol on that lanai or the little section, refer to page 121. Mr. Stokes replied that a 16 x 24-foot section there will be no entertainment there. Liquor Control Commission Open Session September 14, 2022 Page 12 SUBJECT DISCUSSION ACTION Commissioner Shimabukuro asked will you be serving alcohol there. Mr. Stokes replied yes. Commissioner Shimabukuro expressed her concern the entry way is not secured closest to those windows are you planning on enforcing that. Mr. Stokes replied there will be always someone there, there is a sign on the edge of the railing there which says, "No Alcohol Beyond this Point". There is a hostess right outside of that picture by the front door and somebody at that window. Commissioner Shimabukuro asked is the back lanai completely closed. Mr. Stokes answered yes. Commissioner Shimabukuro asked how do you access that area? Mr. Stokes replied from inside the backdoor that goes outside. Commissioner Nishimitsu asked do you have lighting sufficient to cover the area in the evening on that back patio area (outdoor area). Mr. Stokes answered yes, there is lots of lights out there. Commissioner Nishimura commented I heard some conflicting statements; you mentioned you may want to serve mixed drinks as part of your operations down the road if necessary. Was that communicated, earlier you said beer and wine. Liquor Control Commission Open Session September 14, 2022 Page 13 SUBJECT DISCUSSION ACTION Mr. Stokes replied for now I would like to do beer and wine for now, I would like to do a special cocktail and have a craft cocktail for now. I don't want to come and reapply later for a whole different liquor license. I am trying to cover all my bases, right now my plans are beer, wine and maybe a craft cocktail. We are just starting out; we are trying to figure it so it's all new. Commissioner Nishimitsu commented it is for a general license. Mr. Stokes replied yes, my original plan was to do craft cocktails, beer, and wine. At this point we have staffing issues trying to get bartenders, I just want to do beer and wine. I want to have that available as an option, so people don't walk out my door. In the future I would like to do cocktails. Chair Crowell opened the Public Hearing for Application No. 2022-078 Kauai Private Chef, LLC. dba Scorpacciata. Maureen Lovell-Obatake resident of 3470 Rice Street, just looking at the application itself, I believe our community is asking for this application to be denied, because the live dancing is listed in there. For me that is my biggest concern and issue with the live dancing, with the music is the noise that I hear directly. I have children but regardless of if I have children at 10' o clock at night, just hearing live music on and I believe that previous applicants who have applied and have submitted liquor licenses that included dancing. We've always had a strong stance on it because we are the ones listening to the music. The Pali s right there and the noise just bounces right off it. We want all the businesses to do well here in our little community. However, it is very difficult to bear the noise and because just the way the application is written. I think it is in the best interest of all parties and I say this humbly, because I personally know Corey Stokes, he's a great guy, great food and the food is awesome. I want him to make it. My concern is the flexibility, the back pocket just wants the applicant to verify that or have Liquor Control Commission Open Session September 14, 2022 Page 14 SUBJECT DISCUSSION ACTION that stated. I can't honor that "back pocket" stuff because I am the one who hears it directly. My entire life I am born and raised there, the beach club, from Anchor Cove to Harbor Mall. So, I am very well versed in this area, that's why I am very confident to be here, and I want to support Mr. Stokes application and doing well in his business, but that part of the live music is very difficult for me and that's my testimony. Commissioner Nishimitsu asked if it was "canned" music you wouldn't have an issue with it. Ms. Lovell-Obatake replied can you define that for me and what it means. Commissioner Nishimitsu explained by playing a CD (Compact Disc) for example instead of having live musicians performing live. Ms. Lovell-Obatake replied I don't know how to respond to that, music is music there going to play it loud enough to hear and have a good time and enhance that alcohol. That's the best response that I have for you, drums beating, any kind of CD music playing late at night it such a challenge for us as a community. Commissioner Nishimura asked Ms. Lovell-Obatake if you or your community well aware of your immediate neighborhood, have you been impacted negatively by way of the previous pizza owner and for any of the other existing licensees. In a manner that you would have filed a complaint with the department today. Ms. Lovell-Obatake answered impacted; I believe not because that there aren't any applications were approved with live music in the area. As a community we are all from here and we are generationally from here, my kids are the ninth generation. It's our duty and it is our commitment and that is the message that we continue to send. We can already hear a lot of stuff that is not just necessarily coming from Harbor Mall, and this is "us" taking a stance, because there is not too many of us that are residents in Liquor Control Commission Open Session September 14, 2022 Page 15 SUBJECT DISCUSSION ACTION the area. We are in a high commercial area and if this is what we can do to make that effort this is what we got to do. Commissioner Nishimura commented for the record "No Live dancing", live music within the facility and no dancing. Would that allay some of your concerns? Ms. Lovell-Obatake commented I don't work for the Department of Health and not an expert in measuring noise pollution and I don't know that the correct term (decibels) believe. I wouldn't be able to answer that question, music is music I don't have privy to information if that actual area where Mr. Stokes business is soundproof. I can't answer that question. Commissioner Nishimura asked have you had issues with the employees parking creating excessive noise. I know the parking lots are adjacent to your home. Ms. Lovell-Obatake commented that's very difficult to answer that cause we do have history of calls with KPD, but we cannot easily determine that. Those individuals that we called upon are employees of the area, that area is a cruise spot. That's my backyard we have called police because houseless people residing there doing illegal activities. That is a difficult question and to answer that I don't think the original landowner or peoples of that property have any type of security that would assure that for Mr. Stokes. He would be responsible for that part, and I think he would be too busy running a restaurant instead of looking to see if his employees went home enforcing his employees. Like I said the alcohol piece, because we want Mr. Stokes to do good, we are looking at the application and it's the live music and that is the noise pollution piece that's an issue for me. Mr. Paul Pomroy resident of 3332 Kahumoku Road, and in our little community we are tight knit. We've been impacted by history of our area. Before we go any further, I just want to say I met Corey, I don't know him. We spoke shortly prior to the hearing, and Liquor Control Commission Open Session September 14, 2022 Page 16 SUBJECT DISCUSSION ACTION we have come to many hearings at the Liquor Commission regarding liquor licenses applied for in Harbor Mall, Anchor Cove just that small area including Kalapaki Beach Hut. We have in the past not oppose some of those licenses. Having just met Corey today and not have an opportunity to speak with him which in the past the ones that we have been more favorable for those people would come to us and asked about our concerns and listen to our concerns. They have responded to and altered or adjusted their plan to satisfy us and meet our concerns. We have been able to not go against the liquor license. On the other hand, we have opposed some because of what the business intended. The history goes back into the 70's we had Legends which used to be in Harbor Mall, and it was a night club. The part that we really concerned with are the parts that are difficult to control. They are enhanced by alcohol you asked Ms. Lovell-Obatake who the people are that are making that noise, we don't know. I can only imagine at times because the parking lot there on both sides of the street is open. People could drive in, find a good place to park, sit down, talk story, and have a few. Then get out of hand, we don't know who does it. Lot of that is exacerbated by alcohol we cannot control their drinking. Ours is to control what we can control, and this is part of what we feel we can control. Without having spoken with Corey, is all that we could take in our little community knows and read the application and that is all we have to go by. Some of the applicants have spoken to us, we have given some and they have given some and it was enough that it was ok. The little scant information that we have off the application doesn't tell us anything. Alcohol will be served music will be playing, live music was not part of it. I have drafted a petition and we have got most of us to sign it. Let me read the petition to you this is without any input from the owners, manager of Scorpacciata. In the matter of the application Kauai Private Chef LLC. dba Scorpacciata for a liquor license for live music for proposed premises at 3501 Rice Street Space # 1003 in Lihue. Application No. 2022-078. It basically says I affirm that I am a registered voter in the County of Kauai residing within 500 ft of the place of business which the application is being made. By signing this petition, I object to the request for the liquor license in the above matter and by signing below I asked that you Liquor Control Commission Open Session September 14, 2022 Page 17 SUBJECT DISCUSSION ACTION deny the request for Application No. 2022-078. That petition is out and what was agreed to by nineteen residents. There are twenty-six registered voters we are in the 500 ft. That's the reason we came is for that if there is any adjustment of alteration anything we would consider that is what I brought and have it here. There are all originals, we do have a history of not opposing of every single liquor license that's been applied for. This particular one in the actual application we have to make judgement, and this is what we are submitting to the Commission. Chair Crowell asked do you have a copy of that. Mr. Pomroy replied, no I do not have a copy and asked are there any questions. Commissioner Nishimura asked Mr. Pomroy do you object to the live music in the operations? Mr. Pomroy replied yes, I would object to the live music. Chair Crowell commented we would have to verify the signatures. Commissioner Nishimura commented we are going to have to defer this pending the verification by the department of the 500 ft. radius. Commissioner Nishimitsu asked will Mr. Chun be given a copy of the signatories to the petition opposing the issues of liquor license so, he could do his investigation whether it's going to be a majority or not. Ms. Chris Gaines, resident of 3354 Kahumoku Street, I lived there for 30 years, and it is a small and tight knit community. Like Paul said in the middle of tourist -oriented establishments. We have had a lot of problems over the years with liquor with the Liquor Control Commission Open Session September 14, 2022 Page 18 SUBJECT DISCUSSION ACTION customers both tourists, locals, and employees. I can say this for a fact this can be a problem when they get off a shift, they like to relax, start laughing, discussing their tips and they get very loud as a reaction to being nice to the customers for their whole shift. They kind of let loose in the parking lot and that's an employee parking lot that backs up to quite a few of our houses. Not only we are next to a "pali" that causes everything to echo but the wall of Harbor Mall echoes back and forth. When there is music anywhere in that area even as far as JJ's or a Luau at the far end of Kalapaki Beach. We get treated to the music; we can hear it inside our homes it is very disruptive. I personally tried to talk to people who are in the parking lot, that are getting too loud. I don't have little children at my house, but I get irritated and so I will tell the people nicely. You are very loud and don't wish to be part of your discussion, domestics whatever there is there doing it's too loud and intruding on my space. Most of them do quiet down and leave, some don't they get very obnoxious and then I call it in. Sometimes the people split before the police comes and sometimes it takes intervention. Because we are a community, we want to stay a community we want to stay as it has when it's been good. We don't want to have more disruption with this liquor license my automatic is "NO". The details in this request were lacking there was no community involvement. I would request that it be denied until there is community input with the owners. That's all I have to say. Desiree Pia resident of 3312 Lala Road, I would deny this request as all my neighbors has said it was not brought to our attention by the actual owner. Which it has been in the past so that was really nice that they took our input. To come here today with no meeting before is just like distrust already. It concerns me with the liquor we were just discussing, he just wanted beer and wine and then come to find out he wants regular liquor. With the live music it is really loud for us, we have control as to what was going to happen after the music and drinking. Commissioner Nishimura asked for the record of Ms. Gaines to verify her street Liquor Control Commission Open Session September 14, 2022 Page 19 SUBJECT DISCUSSION ACTION address. To which she replied yes 3354 Kahumoku Street. Chair Crowell asked if there were any questions or anyone else he would like to testify. Hearing none he called Mr. Chun. Mr. Chun and Mr. Stokes commented I do understand that there has been a petition that has been submitted and thank you for the copies. We will be looking at the registered voter list within 500 ft. We will be assisting or at least giving our input. As far as I can remember that neighborhood has had a history of other licensees, we all know from working with different community groups. We have the cruise ship cruise coming in a lot and they cause problems that's true. Also note what Ms. Pia talked about, I have been there myself a lot of times there is a food truck and people bring their own beer. There is nothing anybody can do to stop that, but they do that. That is unsupervised, unregulated it's unfortunate that it happens. The only thing that I can add in this situation the licensee there is a licensee that is willing to assist in the regulation and supervision of their employees and to a certain extent the customers. That does add at least a layer of some kind of protection, and I know it is not much. It is not a 100% guaranteed. Those areas are not part of the license's application. At least you have in this situation, Mr. Stokes you have a commitment that he will monitor his employees. As opposed right now it is not monitored especially in that area that is not licensed alcohol that is being brought into the premises allow. I'm not going to deny that those things happen I live in that area, and it is not as close I can hear that myself. I have been at those restaurants and have seen those kinds of situations. All I can say is Mr. Stokes would be more then happy to assist in taking care of or being part of the solution as opposed to being part of the problem. But if this license is denied again, I'm not sure whether or not Mr. Stokes business can survive without a liquor license. Mr. Stokes commented that he appreciates and hear what you guys are saying and I can do anything I can to work with the community in making this thing work. It is true that Liquor Control Commission Open Session September 14, 2022 Page 20 SUBJECT DISCUSSION ACTION without a liquor license people walk out my door all the time and goes up stairs. So, am totally willing to work with the community in any way I can. Mr. Chun asked if the Commission has any questions, I would be happy to answer them. Also, we do know that there are specific regulations regarding noise and Mr. Stokes is very much aware of them, he does have a sound meter he is willing to use that to regulate the noise. Both just immediately outside the premises but also as required at the boundaries. I would submit it is difficult of the property boundaries that's what the statues says or the regulations you could have so many licensees in the area where it is hard to differentiate somebody's noise from the other noise. At least we can make an effort to see what the noise level is immediately around the licensed premises which you can see on the picture. The music is going to be all in doors, and we can definitely control the level of the music indoors. Mr. Stokes do you have any idea what kind of music you will be playing. Mr. Stokes replied I have zero plans on any kind of regular basis, I just did not want to re -do my license later. I was thinking on an anniversary, grand opening on a regular basis I have zero plans for live music at all. Commissioner Nishimitsu asked do any of the licensees at Harbor Mall have live music license? Mr. Chun replied to Commissioner Nishimitsu, I don't recall any of those restaurants having live music or canned music. Mr. Stokes commented as far as the music I really don't need it; I just did not want to re -do something later. If that's an issue and the community is not into it that is fine. It really is not part of my program. Commissioner Nishimitsu replied the real issue facing the Commission now determining Liquor Control Commission Open Session September 14, 2022 Page 21 SUBJECT DISCUSSION ACTION whether the numbers of opponents are sufficient to trigger the statutory action that would be our obligation. Commissioner Nishimitsu commented I suggest that we keep this hearing open. Motion: Chair Crowell asked the Commission will this be for the next Commission Meeting? Mr. Chun commented to Chair Crowell it will depend on how quickly the County Clerk Mr. Nishimura moved to defer can get the information to the department as to voter list within 500 ft. action on this and keep the Hearing open till October 12, 2022. Ms. Nishimitsu seconded the motion. Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to Motion carried 4:0. testify on this item at this time. Motion #1: 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 Mr. Nishimura moved to receive Brewing Company for a New Brewpub (B) with Live Entertainment and Dancing, the written testimony from Conrad located at 4-361 Kuhio Hwy, Suite 100, Kapaa, Kauai, Hawaii. Ellestad in form of an e-mail in support of the application. Ms. Mr. Jonathon Chun, Counsel and Fred (Blake) and Kathleen (Kati) Conant, Nishimitsu seconded the motion. Member/Owners were present to represent Napali Brewing Company, LLC. dba Napali Motion carried 4:0. Brewing Company. We are very excited to bring our opportunity to the community of Wailua. If there are any further questions let us know. Chair Crowell asked if he received a copy of the investigator's report. Mr. Chun replied we have received a copy of the investigator's report and we have no objections or revisions. Commissioner Shimabukuro requested for page 141 of the packet to be pulled up for the map of the premises. So, point of reference where would Kuhio Highway be. Liquor Control Commission Open Session September 14, 2022 Page 22 SUBJECT DISCUSSION ACTION Mr. Chun replied on the bottom where it say's outdoor dining, that's Kuhio Highway. Mr. Conant commented its sort of misleading, it isn't an outdoor dining the architect put the word there, its indoor dining, just different from the main floor. It is completely enclosed. Commissioner Shimabukuro asked about the Lanai area though, we talked about this the last time it's an open slab. There are plans to enclose that, just to confirm. Mr. Conant replied we have the foliage, and we will be putting a barrier to mitigate people coming in and out. Ms. Conant replied we are not going to have that open off the bat. We want to take time to make it look really nice. Commissioner Nishimitsu asked to get to the Haleilio side you would get there from the doorway inside the restaurant, so your live music wouldn't be funneled out there or directed out there. It would be contained inside of the restaurant area. Ms. Conant responded correct; we plan to have more atmospheric type of Hawaiian style music like slack key. Motion #2: Mr. Conant commented I have prepared this document which has the menu and the Mr. Nishimura moved to close the types of beer that will be manufactured and also the music. We are local folks and have public hearing for Napali Brewing a passion for ki ho'alu and we have asked a bunch of people playing slack key for us. Company, LLC. Application No. That's the kind of music we are going to have inside. 2022-076. Ms. Nishimitsu Liquor Control Commission Open Session September 14, 2022 Page 23 SUBJECT DISCUSSION ACTION seconded the motion. Motion Commissioner Nishimitsu commented the actual dancing that might occur is somebody carried 4:0. who knows how to do the hula they would get up there. It wouldn't be couples dancing. Chair Crowell opened the public hearing for Application No. 2022-079 for Napali Motion #3: Brewing Company, LLC. dba Napali Brewing Company. Anyone wishes to testify on this application. Mr. Nishimura moved to approve Application No. 2022-076 for Sean Ramson resident of 401 Makaloa Road, as I stated my wife is the General Napali Brewing Company, LLC dba Manager, living in this neighborhood and being a neighbor too many and feel the same Napali Brewing Company for a way. We are excited about having a brewery in the area for many reasons, mainly as I Brewpub License Category (B). Ms. feel it's nice that our town is making a comeback the shops are opening back up. To see Nishimitsu seconded the motion. these empty buildings, get restored and filling up seeing more job opportunities Motion carried 4:0. available. It's nice to see a family coming in and having the opportunity to grow their own business. We are excited about it and it's going to be a great part of our community. I. VIOLATION REPORT: Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this item at this time. Motion: 1. Case No. 2023-002: WB's Exclusive Lounge LLC. dba WB's Exclusive Lounge Ms. Nishimitsu moved accept located at 2978 Umi Street, Lihue, Kauai, Hawaii, Violation of Rule 7.13 the Violation Report and schedule the matter for an Adjudication Hearing. Ms. Shimabukuro seconded the motion. Motion carried 4:0. J. ADJUDICATION HEARINGS: Liquor Control Commission Open Session September 14, 2022 Page 24 SUBJECT DISCUSSION ACTION Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this item at this time. 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. Summary: Erin Keller Owner of Fish Bar Deli was present to represent Red Rooster Restaurants, LLC. dba Fish Bar Deli. She swore to tell the truth and nothing but the truth. She received a copy of the charges and understood the charges. She admitted to the charges. She forgot and received a reminder call from the office, she called her accountant to get the information, it was a long weekend. Tuesday is when she got the information, filled it out and sent it back via email and she forgot to sign it. When I got it and returned it, it was July 71" that is when it was received by the department. Commissioner Nishimitsu commented I am just trying to find out whether this Commission will have some kind of consistency about when their will or will not be a suspension. Because the previous one that we took action on there were no suspensions on their portion of the penalty. Commissioner Nishimura replied, I would say that prior judgement Commissioner Matsunaga made it clear that prior commissions had indicated that the standard was no prior violations not of the similar nature. He pointed that out pretty simply at the last Commission Meeting. Because I did ask that question. So, that is the reason of my wording for my motion. That it is not a similar violation, but any violation, if you review the record, you will see that. Liquor Control Commission Open Session September 14, 2022 Page 25 SUBJECT DISCUSSION ACTION Commissioner Nishimitsu replied the one that you took action on this agenda. Motion #1 Commissioner Nishimura commented I understand that those actions were taken prior Mr. Nishimura moved that the to in pointing those issues out. I don't think he made those motions. I believe it was licensee has admitted that they are prior. Not given any other clear direction, I would say I would defer to past Commission in violation of Rule 4.7 that we action. assess a fine of $500.00 and that $250.00 be suspended provided that no other violation occurs within the next 12 months. Ms. Nishimitsu seconded the motion. Motion passed 4:0. No Public Testimony. Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to testify on this item at this time. Motion #2 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. Mr. Robert Ueoka, Counsel and Imelda Daligcon, Food and Beverage Director were present to represent Resort Management International Inc. a California Corporation dba The Point at Poipu. He would like to waive the charge and enter a plea and admit to the charge. Mr. Ueoka explained an inspection was conducted on August 2, 2022, the Manager on Duty his card was expired on July 12, 2022. They issued a violation we Liquor Control Commission Open Session September 14, 2022 Page 26 SUBJECT DISCUSSION ACTION remedied as soon as possible. He did get a card in which it expires on August 18, 2026. So, we tried to remedy this as soon as possible, we do have five other employees with Manager's card, and they were not working that night. This is why the violation occurred. We did remedy the problem and now we are fine. This employee does have their card and is our designated bartender. Chair Crowell asked are there any questions. No Public Testimony. Commissioner Nishimitsu asked Manager Imelda Daligcon have you implemented a system where you check the expiration dates of your employees with blue and red cards. Mr. Ueoka responded yes; we do have a system we also have people in the front desk No Public Testimony. as back up at least we know there is somebody. On that particular night we relied on his card being effective, but it expired. We take responsibility for it, and he have remedied it. Motion #2 Mr. Nishimura moved that we Chair Crowell asked are there any questions. assess a fine of $500.00 with $250.00 be suspended provided Commissioner Nishimitsu asked Assistant Chief Investigator Stacy Iwasaki if there were there are no other violations of any any priors or any at all. Would the department consider going further? kind within the next 12 months. Ms. Nishimitsu seconded the Assistant Chief Investigator Stacy Iwasaki replied no priors. He checked from September motion. Motion carried 4:0. 1, 2020, to ending of August 2022. Yes, if we have to. Commissioner Nishimura asked Assistant Chief Investigator Stacy Iwasaki given that the licensee has admitted to the charge, and they do not appear to have any priors in the last year what is the departments recommendation. Assistant Chief Investigator Stacy Iwasaki replied $500.00 Liquor Control Commission Open Session September 14, 2022 Page 27 SUBJECT DISCUSSION ACTION No Public Testimony. Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to testify on this item at this time. 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. Ruchit Ruval, Manager was present to represent Shivalik Indian Cuisine, LLC. dba Shivalik Indian Cuisine. He solemnly sweared to tell the truth and nothing but the truth. He received a copy of the charges and understood the charges and admitted to the charges. He explained that his uncle has been doing this from Michigan and changed the accountant a few months ago. I received a letter and call from the office and did not realize that I had to fill it out by myself. I did my best and it took me a few days to mail it out. Chair Crowell asked are there any questions. Commissioner Nishimura asked now that you have a new accountant in place between Motion #3 you, your uncle, and the accountant you are aware of all the deadlines. Mr. Nishimura moved to assess a Mr. Ruval replied yes, I learned to do it from the computer. I will take care of it. fine of $500.00 with $250.00 be suspended provided there are no Commissioner Nishimura asked for a recommendation from the department. other violations of any kind within Liquor Control Commission Open Session September 14, 2022 Page 28 SUBJECT DISCUSSION ACTION the next 12 months. Ms. Nishimitsu Assistant Chief Investigator Iwasaki replied yes, the department recommends a fine of seconded the motion. Motion $500.00. carried 4:0. Commissioner Shimabukuro commented on these violations for the Commission it would be very important for us to know if they had any violations, how long they have been in business. That would be important to me, basically a report. Commissioner Nishimitsu commented if you look at the notice of hearing both Shivalik and The Point at Poipu you have an incomplete sentence that is just hanging there. I'm not sure what it was meant to refer to if you could catch that before sending it to the licensee. If they read it, they would be confused. Assistant Chief Investigator Stacy Iwasaki replied is the Commission requesting their entire years in service, all their violations, there is also warnings. It breaks down to supplemental reports. For me doing it, it gives me a better picture of the business itself. Commissioner Shimabukuro replied I would rely on the Director's recommendations quite honestly, but I would like for you to review all of that. Quite honestly for me a violation is a violation and a fine is a fine. Only under extenuating circumstances should we then suspend a fine. I don't necessarily know extenuating circumstances. Commissioner Nishimitsu replied I concur with Commissioner Shimabukuro is saying if there is a history of being a scoff law or refusing to pay, this is a large part of their income. You would think they would be more cautious about handling this valuable commodity properly. I guess I am disappointed as you are. Commissioner Nishimura replied being on the Commission is one thing we are expected Liquor Control Commission Open Session September 14, 2022 Page 29 SUBJECT DISCUSSION ACTION to understand this stuff and I am still learning this stuff. For the licensees their biggest thing is being able to operate, and I understand we come under licensing. There is an expectation and be able to do your part. At the same time, I would say for a lot of these people their basic survival mode is complying with government is an afterthought. Which is not right nor wrong, but I take that into consideration as far as past violations for the department and other extending leaders. Commissioner Nishimitsu replied, reminders for relicensing are sent out about a month before they expire. I don't know what else the department is expected to do to get these people to pay attention to what next steps they have to take. K. LICENSE IN ABEYANCE: Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this item at this time. 1. Hometown Canteen LLC. dba Mucho Aloha Brewhouse: Request from Motion: Hometown Canteen LLC. to hold Brewpub License No.14G-003 in abeyance (safekeeping) as they continue construction with a projected completion date of Ms. Nishimitsu moved to accept April 2023. the request to hold the license in abeyance for the time period as requested by Counsel for the licensee date of April 30, 2023. Mr. Nishimura seconded the motion. Motion carried 4:0. L. DISCUSSION AND DECISION MAKING ON THE DIRECTOR'S JOB PERFORMANCE EVALUATION PROCESS Liquor Control Commission Open Session September 14, 2022 Page 30 SUBJECT DISCUSSION ACTION Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this item at this time. Ellen Ching, Administrator for Boards and Commission, I got a request from Motion: Commissioners to have staff input and have the Director do a self -evaluation. I am asking the Commission to place this on the agenda if the Commission wishes for me to Mr. Nishimura moved that Ellen do that. Please authorize me to move forward with that. Regarding staff input it will be Ching, Administrator for Boards similar like the last time I will not ask specific questions. I am going to give the staff an and Commission get staff input and opportunity to provide comments to me and collate to me and it will be anonymous. the Director do a self -evaluation. Ms. Shimabukuro seconded the motion. Motion carried 4:0. M. DISCUSSION AND DECISION MAKING ON THE CREATING A MONTHLY REPORTING FORMAT FOR THE DIRECTOR OF LIQUOR CONTROL Assistant Chief Investigator Iwasaki asked if there's anyone in the public who wishes to No Public Testimony. testify on this item at this time. Ellen Ching, Administrator for Boards and Commission, there was a PIG (Permitted Interaction Group) that was formed to do the monthly report format and the members are Commissioner Shimabukuro, Commissioner Nishimura and Commissioner Kahawai they have not met yet. There was discussion requesting the Director to draft a monthly report form to present to the PIG (Permitted Interaction Group) and they will start from that. If that is what this Commission would like to do, I would suggest you express that Motion: in a motion. Mr. Nishimura move that the Commissioner Nishimura asked can the PIG (Permitted Interaction Group) request that? Director be asked to provide a Liquor Control Commission Open Session September 14, 2022 Page 31 SUBJECT DISCUSSION ACTION format for his monthly reports to Ms. Ching replied if the PIG (Permitted Interaction Group) you would have to come here the Commission for consideration request it and then the next meeting would be action on the request. Just to clarify by the PIG (Permitted Interaction when the Director comes up with a monthly report form it will go to the PIG (Permitted Group). Ms. Nishimitsu seconded Interaction Group) and the PIG (Permitted Interaction Group) will take a look at it. the motion. Motion carried 4:0. Then the PIG (Permitted Interaction Group) will report to the Commission and the Commission will decide what they want to do. N. ADJOURNMENT Motion: Ms. Nishimitsu moved to adjourn the meeting. Mr. Nishimura seconded the motion. Motion carried 4:0. Meeting ended at 3:00 p.m. EXECUTIVE SESSION: No 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) Submitted by: Malialani Kelekoma, Private Secretary (X) Approved as circulated. ( ) Approved with amendments. See meeting. Reviewed and Approved by: Leo Sandoval -Reyes, Director of Liquor Control