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Home My WebLink About2022_1109 Liquor Open Session-Minutes - APPROVED .pdfALMNIFIFIR-i-j'61KERCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION See Open Session Minutes of 12.09.2022. Board/Commission: LIQUOR CONTROL COMMISSION Meeting Date November 09, 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: Paul Endo, Gerald Matsunaga, Randall Nishimura, Tess Shimabukuro. Also: Liquor Control Staff: Director Leo Sandoval -Reyes, Liquor Private Secretary: Malialani Kelekoma, Deputy County Attorney: Stephen Hall Excused Lorna Nishimitsu 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 Nishimitsu was excused noting six members were present to conduct business. C. ANNOUNCEMENTS: - Next Scheduled Meeting: December 14, 2022 — 1:00 p.m. or shortly thereafter. - There will be no Meeting on November 23, 2022 D. APPROVAL OF AGENDA Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. Liquor Control Commission Open Session November 09, 2022 Page 2 SUBJECT DISCUSSION ACTION this agenda item. Motion: Director Sandoval -Reyes requested a correction to item G.1. Adoption and Decision and Order: Koloa Pizza Kitchen + Bar, LLC. dba Koloa Pizza Kitchen + Bar. Adjudication Mr. amoved to approve the ai hearing held, Septe�er 14, 2022. October 12, 2022. agenddaa ass amended, correction to item G.1. Adoption and Decision and Order for Koloa Pizza Kitchen + Bar. Adjudication Hearing held October 12, 2022. Ms. Shimabukuro seconded the motion. Motion carried 6:0. 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: October 26, 2022 2. DIRECTORS REPORT: October 21, 2022 — November 4, 2022. 3. EMPLOYEES IN LICENSED PREMISES: a. Managers and Assistant Managers Red/Blue Card exam list - See Attachment "A" 4. ACTIONS OF THE DIRECTOR: Liquor Control Commission Open Session November 09, 2022 Page 3 SUBJECT DISCUSSION ACTION a. Transient Vessel License for Ratification: 1. License No. TV-2023-28: Viking Cruises USA Ltd. dba Viking Neptune, for a Transient Vessel Liquor License, in Port at Nawiliwili Harbor, Pier 2, Kauai, Hawaii, on January 16, 2023, arriving at 7:00 A.M. and departing at 2:00 P.M. b. Request for Free -One Day (Non -Profit) License: 1. Kauai Concert Association: Approval of Application No. Free 2023-15 filed on October 18, 2022, by Kauai Concert Association for a Free One -Day Special Dispenser General license on October 30, 2023, at Saint Michael and All Angels Episcopal Church, 4364 Hardy Street, Lihue, Kauai, Hawaii. 2. St. Michael & All Angels Episcopal Church: Approval of License No. Free 2023-16 filed on October 18, 2022. Event to be held on November 12, 2022, at Saint Michael and All Angels Episcopal Church located at 4364 Hardy Street, Lihue, Kauai, Hawaii in the space designated on the submitted diagram as part of a fundraiser to support various ministries of St. Michael's Church. C. Change in Officers/Directors/Members: 1. STL of Hawaii, Inc. dba Target Store T3400 (4G-075): Deletion of Janine Lisa Brown -Wiese as Assistant Treasurer, Assistant Secretary, Vice President and Director and addition of Anthony Frank Heredia as President, Treasurer, Secretary, and Director of STL of Hawaii, Inc. dba Target Store T3400 as of November 1, 2022. Liquor Control Commission Open Session November 09, 2022 Page 4 SUBJECT DISCUSSION ACTION 2. Viking Cruises USA Ltd. dba Viking Neptune: Deletion of Winston David Bruce Kippen as President/Director and addition of William Graham - Welton as President/Director, Jeffrey Steven Dash as Director, Catharine Jane Lymbery as Secretary and Viking Cruises Ltd as Sole Shareholder as of October 7, 2022. d. Authorized Agent Notification: 1. Viking Cruises USA Ltd. dba Viking Neptune: Authorization for Leah Talactac, EVP, Group Controller, to act as authorized agent for Viking Cruises USA Ltd. dba Viking Neptune. e. Application for Product Tasting Permit: Motion: 1. Safeway, Inc. dba Safeway Store #2894 (4G-011): Approval of product Mr. Kahawai moved to approve the tasting permit to be conducted at 4454 Nuhou Street, Lihue, Kauai, Consent Agenda. Mr. Endo Hawaii on October 28th, 2022, and October 29th, 2022. seconded the motion. Motion carried 6:0. 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. ADOPTION OF DECISION AND ORDER: 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 November 09, 2022 Page 5 SUBJECT DISCUSSION ACTION 1. Koloa Pizza Kitchen + Bar, LLC. dba Koloa Pizza Kitchen + Bar (2G-095): Adjudication hearing held, October 12, 2022. Summary: Changes to be made, charges to charge, Cory Beal did not have counsel and Motion: he waived the reading of the charge and admitted. Mr. Matsunaga moved to approve the Adoption of Decision and Order for Koloa Pizza Kitchen + Bar, LLC, dba Koloa Pizza Kitchen + Bar with amendments: 1. charges to charge. 2. Cory Beal did not have Counsel. Mr. Kahawai seconded the motion. Motion carried 6:0. H. VIOLATION HEARING: 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. 2023-010: Longs Drug Stores California, LLC. dba Longs Drug (Lihue) 4G- 039 located at 3-2600 Kaumuali'i Highway, Lihue, Kauai, Hawaii. Violation of Rule 10.2(a), Manager on Duty. Liquor Control Commission Open Session November 09, 2022 Page 6 SUBJECT DISCUSSION ACTION Summary: Newton Chu, Legal Counsel for Long's and Dave Freeman, Store Manager Motion: were present. He pleaded no contest to the charge. Mr. Freeman raised his right hand and solemnly sweared to tell the whole truth. He received a copy of the charges and Mr. Matsunaga moved to assess a understood the charges. The manager on duty had a red card which was expired in fine of $500.00 be imposed of August, the employee failed to renew it on time. The manager has taken steps to which $200.00 is suspended remedy the situation, so it won't happen again, he has everyone's date of validation provided that a similar offense and reminds them in advance. He reassured the Commission it won't happen again. does not occur within that one - They have other employees set to take the test. year period. Mr. Endo seconded the motion. Motion carried 5:1. 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. 1. Hapa Ramen & Whiskey LLC. dba Hapa Ramen & Whiskey: Application No. 2023- Motion #1 048 was filed on October 20, 2022, by Hapa Ramen & Whiskey LLC. dba Hapa Ramen & Whiskey for a New Restaurant General (A) No Live Entertainment and Mr. Nishimura moved to accept No Dancing, located at 2829 Ala Kalanikaumaka St. F205, Koloa, Kauai, Hawaii. Application No. 2023-048 Hapa Ramen & Whiskey LLC. dba Hapa Ramen & Whiskey schedule for publication and public hearing. Mr. Matsunaga seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session November 09, 2022 Page 7 SUBJECT DISCUSSION ACTION 2. Kauai Wailua Bay Hotel Management, LLC. dba Mamahune's Market Place: Motion #2 Application No. 2023-049 was filed on October 20, 2022, by Kauai Wailua Bay Hotel Management, LLC. dba Mamahune's Market Place for a New Retail Dealer Mr. Nishimura moved to accept General license to be located at 3-5920 Kuhio Highway, Wailua, Kauai, Hawaii. Application No. 2023-049 Kauai Wailua Bay Hotel Management LLC. dba Mamahune's Market Place schedule for publication and public hearing. Mr. Matsunaga seconded the motion. Motion carried 6:0. J. PETITION FOR DECLARATORY RULING BY THE COMMISSION Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. this agenda item. 1. Southern Glazer's Wine and Spirits, LLC. (HRS 281-102.5) - Purchasing from other Motion: than primary source of supply Mr. Nishimura moved to defer the Petition for Declaratory Ruling by the Commission for Southern Glazer's Wine and Spirits. Mr. Matsunaga seconded the motion. Motion carried 6:0. Liquor Control Commission Open Session November 09, 2022 Page 8 SUBJECT DISCUSSION ACTION K. PRESENTATION OF 2023 PROPOSED RULE AMENDMENTS FOR COMMISSION REVIEW Director Sandoval -Reyes asked if there's anyone in the public who wishes to testify on No Public Testimony. this agenda item. Summary: Director Sandoval -Reyes presented a rough draft of the amendments for the Motion: Commission to review. There are somethings that have been added that were missing. It included the contested case hearings and proceedings and how to handle them. The Mr. Nishimura moved to receive public has brought to his attention third -party deliveries to provide guidance for the the Proposed Rule Amendments retail dealers such as grocery stores. Instacart who delivers to the consumer, guidelines, for the Commissions review and new rules for those delivery partners that are employees of. Consulting with other that the department finish up the Directors and those in the industry before it creates a problem. Plan to meet with the action on an appropriate date. Mr. Chamber of Commerce, the restaurant association and to set up ad hoc committee Kahawai seconded the motion. meetings prior to going to public hearings. He would like to get all that information Motion carried 6:0. prior to the second reading of the drafts. L. ADJOURNMENT Motion: Mr. Nishimura moved to adjourn the meeting. Mr. Matsunaga seconded the motion. Motion carried 6:0. At 1:46 p.m. meeting ended. Liquor Control Commission Open Session November 09, 2022 Page 9 SUBJECT DISCUSSION ACTION M. 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