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HomeMy WebLinkAbout2022_1026 Liquor Open Session-Minutes - APPROVED.pdfCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION See Open Session Minutes of 11.09.2022. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date October 26, 2022 Location Pi'ikoi Building, Suite 300 4444 Rice Street, Lihue, HI 96766 Start of Meeting: 1:00 p.m. End of Meeting: 1:26 p.m. Present Chair Dee Crowell, Vice Chair Leland Kahawai Members: Gerald Matsunaga, Randall Nishimura, Lorna Nishimitsu, Tess Shimabukuro. Also: Liquor Control Staff: Director Leo Sandoval -Reyes, Liquor Private Secretary: Malialani Kelekoma, Deputy County Attorney: Charles Foster Excused Absent SUBJECT DISCUSSION ACTION A. CALL TO ORDER Chair Crowell called the meeting to order @ 1:00 p.m. B. ROLL CALL Director Leo Sandoval -Reyes called for a roll call to ascertain quorum to conduct business. Noting five members were present to conduct business. C. ANNOUNCEMENTS: - Next Scheduled Meeting: November 9, 2022 —1:00 p.m. or shortly thereafter. Amended to November 23, 2022. - There will be no Meeting on November 23, =22- Liquor Control Commission Open Session October 26, 2022 Page 2 SUBJECT DISCUSSION ACTION 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. Chair Crowell approved agenda as posted. 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 14, 2022, and October 12, 2022. 2. DIRECTORS REPORT: September 24, 2022 —October 14, 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. Request for Free -One Day (Non -Profit) License: 1. Halau Ka Lei Mokihana 0 Leinaala dba Halau Ka Lei Mokihana 0 Leinaala: Approval of License No. Free 2023-13 filed on September 30, 2022. Event to be held on October 22, 2022, at the County of Kauai War Memorial Convention Hall outside cement entry way inside a 20'x20' Tent with roped perimeter fronting Hardy Street located at 4191 Hardy Street, Lihue, Kauai, Hawaii. Liquor Control Commission Open Session October 26, 2022 Page 3 SUBJECT DISCUSSION ACTION 2. Poipu Beach Foundation dba Poipu Beach Foundation: Approval of License No. Free 2023-14 filed on October 11, 2022. Event to be held on October 22, 2022, at Kauai Community College located at 3-1901 Kaumuali'i Highway, Lihue, Kauai, Hawaii in the space designated on the submitted diagram as part of the Poipu Food & Wine Festival and fundraiser for the KCC Culinary Arts Program. b. Request for Use of Gaming Device: 1. Johnny's Wingz N Tingz, LLC. dba Johnny's Wingz N Tingz: License No. 5G- 023 located at 440 Aleka PI. #1, Kapaa, Kauai, Hawaii requested approval of the use of, (1) Karaoke machine/laptop. Request was approved from October 17, 2022, through June 30, 2023. c. Request for Conversion of Licensee: 1. O'Connell Enterprises, LLC. dba The Tasting Room (5G-007): Pursuant to Section 281-41(k) of the Hawaii Revised Statutes, request for conversion of entity from O'Connell Enterprises, LLC to O'Connell Enterprises, Inc. d. Request for Temporary Increase of Premises: 1. SGF Corp. dba Robs Good Times Grill (5G-017): Approval of temporary increase of premises to include a 10'x20' tent at the end of their building attached to their sidewalk as indicated by diagram submitted for the Rice Street Block Party to be held on October 29, 2022, from 11 A.M. until 11:00 P.M. Liquor Control Commission Open Session October 26, 2022 Page 4 SUBJECT DISCUSSION ACTION 2. Sugahara Ranch Inc. dba The Dolphin Poipu (2G-062): Approval of Temporary Increase of Premises to include their lanai area as a Beer Garden and Wine Bar per diagram submitted for a Culinary Market to be issued for use on every Wednesday beginning, November 2, 2022, through January 25, 2022, from 3:30 p.m. To 6:30 p.m. Applicant has met all requirements and clearances obtained with Department Health, Building Division and Planning Department. e. Request for Temporary Reduction of Premises: 1. Troy's LLC. dba Troy's (5G-022): Approval of temporary reduction of premises to include the dining room as indicated by diagram submitted Motion: for an election night event to be held at 3-3100 Kuhio Hwy. C2, C3 Lihue, Kauai, Hawaii on Tuesday, November 8, 2022, from 6:00 P.M. until 10:00 Ms. Nishimitsu moved to approve P.M. the consent agenda. Mr. Kahawai seconded the motion. Motion 2. Kauai Kilohana dba Kilohana (5G-018): Approval of temporary reduction carried 5:0. of premises to include the Luau Pavilion as indicated by diagram submitted for a private special event to be held at 3-2087 Kaumuali'i Hwy., Lihue, Kauai, Hawaii on Sunday, October 16, 2022, from 6:00 P.M. until 9:00 P.M. f. Request for Approval of Permanent Reduction of Premises: 1. Red Rooster Restaurants LLC. dba Fish Bar Deli (2G-026): Request for permanent reduction within the licensed premises, per diagram submitted. Liquor Control Commission Open Session October 26, 2022 Page 5 SUBJECT DISCUSSION ACTION 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. 1. Drift Kauai, LLC. dba Drift Kauai: Application No. 2023-007 was filed on July 26, 2022, by Drift Kauai LLC. dba Drift Kauai for a New Restaurant General (A) No Live Entertainment and No Dancing, located at 3540 Koloa Road, Food Truck Space #5, Kalaheo, Kauai, Hawaii. Summary: Jake Schmidt, Sole Member was present to represent Drift Kauai, LLC. dba Drift Kauai. He received a copy of the Investigator's report and had no questions or comments. Storage of liquor will be stored within the food truck. The trailer will be pulled under the gazebo, and he will be building seating around the trailer and won't be able to pull the trailer. Waiting for tanks for this triple sink and then it will be inspected by the Department of Health. Their will be barriers and a 6 ft. lockable gate in the corner that will be put up so the patrons will not be able to leave. Signs will be put up around the area "No Alcohol Beyond this Point". He will be serving Beer and Wine and special cocktails, light pupu's and food. Commissioner Nishimitsu asked Director Sandoval -Reyes what is the licensed premises, just the food truck or the area of seating around the food truck. Director Sandoval- Reyes replied to Commissioner Nishimitsu the gray area of the Liquor Control Commission Open Session October 26, 2022 Page 6 SUBJECT DISCUSSION ACTION triangle only the land is licensed, anything within that area is licensed which will include the trailer that will be a part of the premises. Commissioner Nishimura asked Mr. Schmidt if the area is now paved. Mr. Schmidt replied it is all paved and finished, including the licensed area. Commissioner Nishimura commented to Mr. Schmidt, if people are found with liquor outside the triangular area, you will get cited. Make sure you control the consumption of alcohol on the premises, within the licensed premises area. Commissioner Shimabukuro asked Director Sandoval -Reyes in this particular case is the food truck not allowed to leave. Director Sandoval -Reyes replied it has to be immovable, so he will have to take the wheels off. Mr. Schmidt commented once the trailer is in that spot, I will be building a sitting area it will go to the wall and a big L. I wouldn't be able to move it, they have it so I will be able to tie into the plumbing there and they have a grease trap. All the other food trucks are tied to the plumbing so eventually I will tie into the plumbing. Vice Chair Kahawai asked Director Sandoval -Reyes is this the only request applicant that has come to the Commission. Director Sandoval -Reyes replied for this size yes, the one similar is Jimmy's and they have a larger trailer. For this location he is the first. Mr. Schmidt commented I know they have tried for an event permits for liquor there, Liquor Control Commission Open Session October 26, 2022 Page 7 SUBJECT DISCUSSION ACTION because they have had random events in that location. The closest one would be Lawai Market. I will be open same hours as the warehouse which would be 10 a.m.-5 p.m. There are bathroom facilities, and it is accessible from the outside. Commissioner Matsunaga asked Mr. Schmidt if he will be operating Monday through Friday. Mr. Schmidt replied Monday through Thursday 10 a.m.-5p.m. and every Friday Night they stay open till 7:30 p.m., they do a "pau hana" Friday. Friday is the one day that will stay late till 8:00 p.m., Saturday I would be open from 10:00 a.m.-5:00 p.m. Commissioner Matsunaga commented it doesn't indicate that you would be open on Saturdays, it says Monday through Thursday and up to 8:00 p.m. on Fridays. I was assuming it would be Monday through Friday. Motion #1: Mr. Schmidt replied I would like to open Saturday because it is one of their busier days at the warehouse. So, I would like to change that and 5:00 p.m. the latest on Saturdays. Mr. Nishimura moved to close the Sunday and Monday may be closed not sure at this moment. Some of the food trucks public hearing. Mr. Kahawai are closed on Mondays. If the warehouse is closed, I would be closed also. I would cater seconded the motion. Motion to the people that are shopping in the shops. carried 5:0. Director Sandoval -Reyes advised Chair Crowell if they would like to adjust the hours, I Motion # 2: would be able to add it as an additional condition on the license. If the commission would like to make adjustment to the hours as permitted to do so to let him know. It Ms. Nishimitsu moved to approve may be printed on the license if it is approved to include the Saturday. Application No. 2023-007 Drift Kauai, LLC. dba Drift Kauai and Commissioner Nishimitsu commented would it be safer to say that you will be open authorize opening Monday through seven day a week. Saturdays with closing no later Mr. Schmidt replied the warehouse is closed on Sundays and he would probably not than 8:00 p.m. Mr. Nishimura allow me to be open on Sundays. He tries to give everyone at least two days off. seconded the motion. Motion carried 5:0. Liquor Control Commission Open Session October 26, 2022 Page 8 SUBJECT DISCUSSION ACTION Chair Crowell asked if there were any other questions, hearing none he opened the Public Hearing. There was no one there in support or opposition. H. VIOLATION REPORT: Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. this agenda item. Motion: 1. Case No.2023-010: Longs Drug Stores California, LLC. dba Longs Drug (Lihue) 4G- 039 located at 3-2600 Kaumuali'i Highway, Lihue, Kauai, Hawaii. Violation of Mr. Nishimura moved to schedule Rule 10.2 (a), Manager on Duty. a Violation Hearing for Longs Drug Store (Lihue) Ms. Nishimitsu seconded the motion. Motion carried 5:0. I. PRELIMINARY HEARING (NEW LICENSE) Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. this agenda item. Motion: 1. Red Rooster Restaurants LLC. dba Fish Bar Deli Market: Application No. 2023- 044 was filed on October 14, 2022, by Red Rooster Restaurants LLC. dba Fish Bar Ms. Nishimitsu moved to schedule Deli Market for a New Retail Dealer General license to be located at 4-1380 a public hearing and publication for Kuhio Hwy., Kapaa, Kauai, Hawaii. Application No. 2023-044 for Red Rooster Restaurants LLC. dba Fish Bar Deli Market. Mr. Matsunaga seconded the motion. Motion carried 5:0. Liquor Control Commission Open Session October 26, 2022 Page 9 SUBJECT DISCUSSION ACTION Request from the Commissioners will the applicant have to come in to subsequently downsize the existing license premises. Prior to the Public Hearing how are they going to keep the separation. There just seems to be just two doors and the door mark seems to be on the bar side. Director Sandoval -Reyes replied yes. Vice Chair Kahawai asked they are already in the bar is this a carryover to add a retail portion, do they have to downsize the retail and add another application for the retail. Director Sandoval -Reyes replied they cannot overlap license, the building is fairly old, it is three spaces that was combined. What she is trying to do section it off for retail and downsize the current bar and restaurant. She is wanting two licenses, it is becoming a trend. J. ADJOURNMENT Motion: Ms. Nishimitsu moved to adjourn the meeting. Mr. Matsunaga seconded the motion. Motion carried 5:0. At 1:26 p.m. the meeting was adjourned. Liquor Control Commission Open Session October 26, 2022 Page 10 SUBJECT DISCUSSION ACTION K. 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