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HomeMy WebLinkAbout2022_1012 Liquor Open Session-Minutes - APPROVED.pdfA=j1kF1F1H_j1Q19EQCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved see Open Session Minutes of 10/26/2022. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date October 12, 2022 Location Pi'ikoi Building, Suite 300 4444 Rice Street, Lihue, HI 96766 Start of Meeting: 1:00 p.m. End of Meeting: 1:29 p.m. Present Chair Dee Crowell, Vice Chair Leland Kahawai Members: Gerald Matsunaga, Lorna Nishimitsu, Tess Shimabukuro. Also: Liquor Control Staff: Director Leo Sandoval -Reyes, Liquor Private Secretary: Malialani Kelekoma, Deputy County Attorney: Charles Foster Excused Randall Nishimura Absent SUBJECT DISCUSSION ACTION A. CALL TO ORDER Chair Crowell called the meeting to order @ 1:01 p.m. B. ROLL CALL Director Leo Sandoval -Reyes called for a roll call to ascertain quorum to conduct business. Commissioner Nishimura was excused noting five members were present to conduct business. C. ANNOUNCEMENTS: Next Scheduled Meeting: Wednesday October 26th, 2022 —1:00 p.m. or shortly thereafter. Details on the meeting will be forthcoming. D. APPROVAL OF AGENDA Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. this agenda item. Liquor Control Commission Open Session October 12, 2022 Page 2 SUBJECT DISCUSSION ACTION Director Sandoval -Reyes requested a correction to remove item G.2. Drift Kauai to the Motion: October 26, 2022, Liquor Control Commission Meeting. This is to follow statutory timeline. Mr. Kahawai moved to approve the agenda as modified with the removal of item G.2. Drift Kauai. Ms. Nishimitsu seconded the motion. Motion carried 5:0. E. CONSENT AGENDA: Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. this agenda item. 1. APPROVAL OF MINUTES: September 28, 2022 2. DIRECTORS REPORT: September 9, 2022 — September 23, 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-2023-25: Seabourn Cruise Line Limited dba Odyssey, for a Transient Vessel Liquor License, in port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 13, 2022. Liquor Control Commission Open Session October 12, 2022 Page 3 SUBJECT DISCUSSION ACTION 2. License No. TV-2023-26: Oceania Cruises S. De R. L. dba Regatta, for a Transient Vessel Liquor License, in port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 5, 2022. 3. License No. TV-2023-27: Viking Cruises USA LTD. dba Viking Orion, for a Transient Vessel Liquor License, in port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on October 11, 2022. b. Permit to Receive liquor from outside the state of Hawaii: 1. Application No. 2023-038: Approval of request to receive liquor from outside the state of Hawaii as a shipment of household goods through a common carrier. Applicant Michael A. Pasek would like to receive a shipment of 4 bottles of liquor that are unable to be purchased through a retailer on island. Permit #HG 2023-01 was issued on September 23, 2022, with the associated fee paid. c. Request for Free -One Day (Non -Profit) License: 1. Hawaii Lodging & Tourism Association dba Hawaii Lodging & Tourism Association: Approval of License No. Free 2023-11 filed on September 20, 2022. Event to be held on October 5, 2022, at the Blue Hawaiian Helicopters located at 3651 Ahukini Rd. #8, Lihue, Kauai, Hawaii. 2. Homeschool Now Hawaii dba Homeschool Now Hawaii: Approval of License No. Free 2023-12 file on September 23, 2022. Event to be held on November 5, 2022, at Farm Lab located at 5-3900 Kuhio Hwy., Princeville, Kauai, Hawaii. d. Request for Temporary Reduction of Premises: Liquor Control Commission Open Session October 12, 2022 Page 4 SUBJECT DISCUSSION ACTION 1. Smith's Motor Boat Service, Inc. dba Smith's Tropical Paradise (5G-034): Approval of temporary reduction of premises to include Smith's Tropical Paradise Gardens and Luau Hale located at 3-5971 C Kuhio Hwy., Wailua, Kauai, Hawaii for a special event wedding reception on October 8, 2022, from 3:00 P.M. until 10:30 P.M. e. Special License Issued for Ratification: 1. License No. SG 2023-07: filed on September 30,2022 and issued to Kauai Island Brewing Company dba Kauai Island Brewing, for a Special Dispenser General License on September 30, 2022. Event to take place outside the front entrance of the Kauai War Memorial Convention Hall as a beer garden located at 4191 Hardy Street, Lihue, Kauai, Hawaii. Motion: 2. License No. SG 2023-08: filed on September 30,2022 and issued to Kauai Island Ms. Nishimitsu moved to approve Brewing Company dba Kauai Island Brewing, for a Special Dispenser General the consent agenda. Mr. Kahawai License on October 1, 2022. Event to take place outside the front entrance of seconded the motion. Motion the Kauai War Memorial Convention Hall as a beer garden located at 4191 Hardy carried 5:0. Street, Lihue, Kauai, Hawaii. F. PUBLIC TESTIMONY ON ALL AGENDA ITEMS: Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. this item at this time. G. PUBLIC HEARINGS: Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony this agenda item. Liquor Control Commission Open Session October 12, 2022 Page 5 SUBJECT DISCUSSION ACTION 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 General (B) Live Music & No Dancing, located inside the Harbor Mall at 3501 Rice Street, Space #1003, Lihue, Kauai, Hawaii. (Deferred from 9/14/2022). Director Sandoval -Reyes advised the Commission that the applicant is changing from Category (B) to Category (A) no live music, no entertainment. Mr. Jonathon Chun, Counsel was present to represent Kauai Private Chef, LLC. dba Scorpacciata. He updated the Commission from the last meeting the applicant met with the neighbors on September 301" at his restaurant. Discussions and concerns on what he wanted to do and the type of business that he was going to run. At that meeting they discussed various options, "that could be" considered by the neighbors. We were asked to send an email or letter to all the neighbors that signed the petition outlining what those options are, we were going to see where the consensus was with the neighbors. We got feedback from the neighbors and Mr. Pomroy can confirm that, they preferred to have no entertainment at that premises. With that the representation, sent an email to the Liquor Department requesting that the category be changed from (B) with live entertainment to (A) no live entertainment, standard bar. At that meeting we discussed the hours of operation the landlord was present, and he is required to close at 10:00 p.m. the representation was made by the landlord. We offered to close by the lease agreement at 10:00 p.m. That was the consensus with the neighbors. We would abide by that as represented that we would change the class from (B) to (A) and agree to a conditional license to close at 10:00 p.m. My understanding with those conditions most of the neighbors would agree to withdraw their position in opposing the license. I am not here to speak on behalf of them. Liquor Control Commission Open Session October 12, 2022 Page 6 SUBJECT DISCUSSION ACTION Mr. and Mrs. Pomroy are here along with other neighbors who wish to discuss. I give credit to the neighbors and my client for being very cordial with an honest discussion. I wanted to thank the neighbors and my client for discussing their concerns with each other. Chair Crowell asked are there any questions. Commissioner Matsunaga asked Mr. Chun how many of the petitioners withdrew their oppositions? Mr. Chun replied, I am not sure but on the emails that I got of the 13 signatures I received five or six. One of them was mother/daughter I don't know if I have to count that one indicating that they were in agreement with the consensus. I know Mr. and Mrs. Pomroy were talking with the neighbors, because some of them did not have emails. Commissioner Nishimitsu commented the department, did they confirm to midstream to change the category of the license. Mr. Chun replied I need to confirm I believe it can be done by the applicant on his own, in terms of the category not the class. Director Sandoval -Reyes replied, the change of the categories would require a new license application if there was already a license issued. In this case, no license has been issued, so a change is permitted as an applicant. Vice Chair Kahawai asked Mr. Chun on the original investigator's report the business was going to open from 11:00 a.m. to 9:00 p.m. Liquor Control Commission Open Session October 12, 2022 Page 7 SUBJECT DISCUSSION ACTION Mr. Chun replied that was the representation, I think early on, in the first meeting concerns were made and offered that because of the noise. Entertainment would stop at 8:00 p.m. With no entertainment I believe 10:00 p.m. that was discussed with the landlord with no entertainment, closing was not a big issue with neighbors. Again, I am not speaking for them. Vice Chair Kahawai replied I am just double checking you said 9:00 p.m. but they are o.k. with 10:00 p.m. Mr. Chun responded yes; we are not having entertainment in the previous application. Commissioner Nishimitsu asked Mr. Chun do you agree with the investigator's report dated October 3, 2022, that the department had received a 50% petition rate from registered voters within the 500 ft. radius. Mr. Chun responded in general I would confirm that my count and evaluation is that of the thirteen people that were on that petition that were in the 500 ft. radius; of the thirteen there were only seven signatures, so that would be a majority. Commissioner Nishimitsu replied to Mr. Chun, the investigator's report suggested there was not a majority. Mr. Chun replied I did not see that portion; I don't think I looked for or was able to review their particular numbers were. The main thing on that one is how are you going to measure the 500 ft. radius. The statue I believe is 500 ft. from the licensed premises, when you have a license premise which is part of a bigger structure it is difficult. Liquor Control Commission Open Session October 12, 2022 Page 8 SUBJECT DISCUSSION ACTION Commissioner Nishimitsu commented it is apparently 500 ft. radius from the proposed premises, not the whole shopping center. The investigator concluded there are thirteen registered voters within the 500 ft. radius to file a petition. Nineteen petitions were filed, six of the nineteen were found to be outside of the 500 ft. radius. So, it does appear that there was a majority that would trigger an automatic denial. Mr. Chun replied I don't know the details, in our research and given the benefit of a doubt to the neighbors my count was seven out of thirteen. I agree, I only found thirteen registered voters within 500 ft. The next step was to look at each of the registered voters and I counted seven. I could be wrong on that, when I was in doubt on certain things, I gave the benefit of the doubt to the neighbors. Director Sandoval -Reyes commented the seven person's that you are looking at there are no petitions on file and they were not included on the entire petition itself. They were on the voter registration list they did not submit. Commissioner Nishimitsu asked out of thirteen registered voters seven of whom did not oppose, you still only got six. Which is less than the majority, we are not going to trigger this automatic denial. Director Sandoval -Reyes replied you are correct. Commissioner Matsunaga asked Mr. Chun you indicated there are opposition do you have anything in writing. Mr. Chun responded yes, I believe Mr. and Mrs. Pomroy's went around the neighborhood after our consensus meeting after I sent an email, and this is what we agreed. I believe they went around and talked with their neighbors including the ones that were on the petition. Liquor Control Commission Open Session October 12, 2022 Page 9 SUBJECT DISCUSSION ACTION Commissioner Matsunaga asked did they sign to withdraw their position. Mr. Chun replied yes, I am not disagreeing with the department or the Commission members. Once we understood we had a consensus I did not really go into much detail on that. I did not want it to seem like it was a litigation issue, as opposed to getting a consensus with our neighbors. That is one reason why I did not follow up with the department in terms of what they accomplished. Chair Crowell asked are there any further questions for Mr. Chun. Mr. Paul Pomroy resident of 3333 Kahumoku Road, Lihue was present to represent the voters and owners. Apparently there has been some adjustments made, I would like to request the list of the people that are qualified or if it is taken from the list of people who originally signed. A list of people who are not being qualified to oppose or agree with. What we have done generally in similar situations we have gone to the voter registration got a list of all the voters and requested within 500 ft. Again, determination of that 500 ft. radius is kind of cloudy. Commissioner Nishimitsu asked for assistance with someone that has technical skills to do the measurements from the premises. Mr. Pomroy replied right, I do not have a problem with that. Commissioner Nishimitsu replied rather then get caught up in this did you have something that you wish to say. Has there been a change in the neighborhoods, previous oppositions? Mr. Pomroy commented we basically decided it would be "ok" as the new change or the request for the changed license that we will no longer oppose it. We originally did Liquor Control Commission Open Session October 12, 2022 Page 10 SUBJECT DISCUSSION ACTION have nineteen signatures, two of them we could not get as we were unable to contact them. We do not have a signed letter from them, again all of these people that I have here if not all of them are qualified to testify I just assume to pull those. Commissioner Nishimitsu replied anyone can testify, you don't have to live within 500 ft. of the premises. You can testify either way, for a statutory automatic denial of the license you need 50% of the registered voters within 500 ft. of the licensed premises. So, we are not there because you folks have had a change of heart. Mr. Pomroy replied, right I understand. I am just asking for future references. We live in a tiny community; few residents live where we live but we all live fairly close to each other. Anything that happens in our area Harbor Mall, Anchor Cove or wherever could impact us. For future planning and how we go about and not forcing our thing on anybody else, as we come to testify, we will know who should and who should not. It takes a lot of work and effort from us, and it takes money too. We have to go and apply for the voter registration list, and they are not free. Like I said although we live together, and we are a small community per say we all have jobs. So, to contact every person is not that easy. Since that moved on how many people and who did what, but I do have these letters that were signed by most of us there were 19 and 17 signatures, and we have no opposition to the license as it is currently presented. Commissioner Nishimitsu commented it's revised. Mr. Pomroy replied yes. Vice Chair Kahawai asked Mr. Pomroy can you recite or confirm what those conditions are that you folks have agreed on. Liquor Control Commission Open Session October 12, 2022 Page 11 SUBJECT DISCUSSION ACTION Mr. Pomroy replied basically it comes down to No Live Music and that's it. We agreed to the operating hours as Mr. Chun referring it and that works for us and no live music. Commissioner Matsunaga asked Mr. Pomroy how many signatures did you receive that withdrew their petition? Mr. Pomroy replied currently seventeen. Commissioner Matsunaga asked Mr. Pomroy of the seventeen, thirteen were within the 500 ft. radius. Mr. Pomroy replied I don't know two did not sign, whether they were inside or not, don't know. I am still interested in what your list was, then I know who's within the 500 ft. radius. Director Sandoval -Reyes pointed to the screen with the names of the registered voters within the 500 ft. radius. Commissioner Matsunaga asked Mr. Pomroy how man signatures he received in looking at the names on the supplemental report are these the names that have signed a withdrawal of the petition? Mrs. Pomroy commented yes, all except the revised petition would be two. Mr. Pomroy replied on this supplemental list only two were not reflected. Commissioner Matsunaga asked which two? Mr. Pomroy replied, Roy Camara and James Packard. Liquor Control Commission Open Session October 12, 2022 Page 12 SUBJECT DISCUSSION ACTION Commissioner Nishimitsu replied those are the two that did not sign the withdrawal. Motion #1: Mrs. Pomroy replied yes, one of them went to the mainland Roy Camara and James Ms. Nishimitsu moved to close the Packard we could not get a hold of. public hearing on Application No. 2022-078. Mr. Matsunaga Commissioner Matsunaga stated you also representing that the documents you seconded the motion. Motion submitted are in fact the signatures of these individuals. carried 5:0. Mr. Pomroy replied, yes. Motion #2 Chair Crowell asked are there any questions hearing none and there were was no one Mr. Matsunaga moved that else that wanted to testify. Application No. 2022-078 with the amendment of Category (B) to Mr. Matsunaga withdrew his motion and Ms. Nishimitsu withdrew her second. Category (A) be approved. Ms. Nishimitsu seconded the motion. Motion #3 Mr. Kahawai moved to approve Application No. 2022-078 as amended from Category (B) to Category (A) and a closing time of no later then 10:00 p.m. Mr. Matsunaga seconded the motion. Motion carried 5:0. Liquor Control Commission Open Session October 12, 2022 Page 13 SUBJECT DISCUSSION ACTION 2. 1) F 0 f t KKaYarLLC 4b €tC A NIA 2g_2 3_nn�-As f ed Removed from agenda, deferred to P PnEat+e^ d+1;y 22922TtC1-LC. d-hTt(ANew est October 26, 2022. , G n r-,I (A) NA_ i ,,, Gn I,,,--ted at 254n .������arzT��o� ���tertainment an NIA Bansinrt, Kelea Rear) Cr,r,.J Tr,,. -I. SpaGe #5 KaIahee Kayai u i H. ADJUDICATION HEARINGS: Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. this agenda item. 1. Case No.2023-009: Koloa Pizza Kitchen + Bar, LLC. dba Koloa Pizza Kitchen Motion: located at 5408 Koloa Road, Unit 04-01, Koloa, Kauai, Hawaii. Violation of Rule 7.8(a), Manager on duty. Mr. Matsunaga moved that a fine of $500.00 be imposed. Mr. Summary: Dan Metsch, Member/Owner of Koloa Pizza Kitchen + Bar, LLC. dba Koloa Kahawai seconded the motion. Pizza Kitchen was present he was sworn in by Chair Crowell. His General Manager Motion carried 5:0. Charef Coicou received a copy of the charges and was unable to be here. The other person scheduled did not show up, manager on duty went to go pick up his kids from school and there was no one there with a blue card. Therefore, he admitted to the charges. There are four blue card holders, and three more employees are scheduled to take the blue card test at the end of the month. I. ADJOURNMENT Motion: Ms. Nishimitsu moved to adjourn the meeting. Mr. Matsunaga seconded the motion. Motion carried 5:0. Liquor Control Commission Open Session October 12, 2022 Page 14 SUBJECT DISCUSSION ACTION J. EXECUTIVE SESSION: Pursuant to HRS §92-7(a), the Commission may, when deemed necessary, hold an No Executive Session 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