REP PWPC 079 12/02/1997 1996-1998

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Committee on Public Wo i Parks ' ~ December 2, 1997 Page -2- Communication No. 229.04 is a letter from Ms. Vonnie Lyons, Kona Outdoor Circle, dated April 21, 1997, opposing the applicant's request. Ms. Lyons notes that the applicant by-passed the normal permit process with the Planning Department and Kailua Village Design Commissioin. Communication No. 229.06 is a letter from Janice Pakele, Department of Liquor Control, dated April 16, 1997, opposing the application pursuant to Section 281-39, of the Hawaii Revised Statutes, which states that the applicant is required to obtain approval from the Liquor Commission for an increase to the licensed premises within which a licensee conducts business, and Section 281-78(a) which clearly states that no liquor shall be consumed on a public sidewalk. Ms. Pakele also refers to Rule 4-2-D-7 of the Rules and Regulations of the Liquor Commission, stating that the applicant's request for an increase of the premises further requires that the applicant have full possession and control of the premises. In this case, Mr. Mohammed is only the manager of Basil's, and not the owner. Communication No. 229.11 is a memorandum from Chief Engineer Donna Fay K. Kiyosaki, Department of Public Works, dated May 27, 1997, which states that there is insufficient authority in Chapter 22 of the Hawaii County Code to consider the applicant's request based upon the fact that Basil's employees will cross or maneuver themselves around pedestrian traffic on the sidewalk.. Communication No. 229.13 is a letter from Mc Khaled Mohammed, dated August 1, 1997, requesting that consideration of their application for a sidewalk use permit for Basil's Restaurant be postponed until November. Mr. Mohammed stated that his brother, Moustafa Mohammed, who owns the restaurant, was presently in Europe, and will be returning at the end of October. Your Committee considered Mr. Mohammed's application today and heazd from Mr. Richard Wurdeman, Corporation Counsel, who recommended as an alternative your Committee could abandon the applicant's request for a sidewalk use permit and the applicant could apply under Chapter 2, Section 2-119, which allows the Council "to issue licenses and permits through negotiation and without public auction to enter and occupy public highways and other rights-of--way owned, maintained and/or under the jurisdiction of the County...." After consideration of all of the above, Your Committee reports that it recommends that Communication No. 229, the sidewalk use permit application for Basil's Restaurant be filed. la AYES NOES A&E EX Respectfully submitted YAGONG X COMMITTEE ON PUBLIC WORKS & PARKS REYNOLDS X CHUNG X ~y LEITHEAD-TODD X DOMINIC YAG IR RAY X SANTANGELO X PW&PC RE R N 79 SMITH X ADOPTED: JAN 1 fi >9~ ARAK KI E.O.M.