2019-02-21 Liquor Adjudication Board Minutes (2)

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Smith: Renee, can you tell us what the recommendation is? Schoen: Yes, thank you, Chair. The original license was issued on December 5, 2012. There've been no previous violations. The Department is recommending a $150 fine to be paid within thirty (30) days upon receipt of the Decision and order. Similar to the last case. Payment in this case was due on November 15 (2018), they attempted to make payment via mail on November 17. That payment was not received by the Department until the 20th, but it wasn't signed, the check wasn't signed. Another check was issued on the 27th and when we tried to cash that, it was not payable and then the Department received cash payment on December 25, 2018. Smith: okay. I've got a few questions. Does anybody else have any comments? There were no other comments from the Board Members. Smith: This establishment had the license from 2012? Schoen: Yes. Smith: But they weren't open in 2012. They've only opened in the last two years. Was it an assigned license? Gonzalez: It may have been transferred and that's why we say the license number was originally issued in 2012. Smith: Okay. I guess my concern is that I try to compare the last case that we assessed a $150 fine where it seemed like it was an oversight and they immediately paid it and in this case, it was an oversight, they sent in a check that wasn't signed, and then they sent in a check that was signed, however, wasn't negotiable. I think these are two distinct cases that I would not give them the same fine. I don't want to enter into other issues with this restaurant but unlike Longs Drugs in Waimea that I think is a good corporate citizen, this restaurant is not, so I would not give them the benefit of the doubt on anything. That's my personal feeling as a resident of Waimea. Does the Board have any thoughts on this? Mukai: I have a procedural question. Did we hear from Counsel on the recommendation of the fine? Smith: one hundred fifty. Mukai: oh, and did we vote on it? Smith: No. We're considering it. Gonzalez: There's no motion made yet. Mukai: Should we approve and then discuss the fine? Masuda: At this point, no. Since there's only three of you, somebody should make a motion as to what they believe an appropriate fine amount should be and then have discussion among yourselves. FEBRUARY 21, 2019 - LIQUOR ADJUDICA TION BOARD MINUTES 21