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

Home

Smith: Would you please identify yourselves? Chu: Yes, thank you chairman Smith. I'm Newton Chu, legal counsel to Longs Drug Stores California, L.L.C. To my left, Jaimelyn Kon, District Leader of Longs Drugs Stores on this island. We previously filed a notice and we plead no contest, and we also will waive reading of the charge. Schoen: Mr. chair, Renee Schoen, Assistant corporation Counsel on behalf of the Department. Because the Licensee has chosen Alternative II and is waiving reading of the complaint, I am not going to do that now. The Board can proceed with a motion to find the Licensee in violation. Smith: okay, thank you very much. Do I have a motion to find the Licensee in violation of the charge? Mukai: So move. Taniguchi: Second. Mr. Mukai moved that the Licensee in Case No. 2018-012, be found in violation of Rule 5-2, of the Rules and Regulations of the Liquor Commission of the Department of Liquor control of the County of Hawaii; seconded by Mr. Taniguchi. Smith: We have a motion and second to find the Licensee in violation of the charge. All those in favor say, "Aye." The Board Members voted "Aye." Smith: Any opposition? There was no opposition from the Board Members. Smith: Hearing none, motion carried. Thank you very much. The motion was carried unanimously. Smith: Prior to assessing penalty, you may proceed with your presentation of the circumstances surrounding the violation. Chu: Chairman Smith, we just have an explanation that it was not an intentional violation. It was an inadvertent violation. As you know, Longs is a retail store and pharmacy with seven stores on this island. This was a case where there was a last minute change in supervision that evening. The Store Manager had the late night Store Manager split her shifts so she worked the evening shift. Chu: She was scheduled to take the liquor class in the morning and he didn't want her to drive from when she got off her shift at 6:00 A.M. to Hilo to take the class. He forgot that he could not have her alone without somebody else. A lot of times there are multiple people in the store FEBRUARY 2 1, 2019 - LIQUOR ADJUDICATION BOARD MINUTES 3