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

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of the possible sanctions that may be imposed for operating a vehicle under the influence of an intoxicant under Sections 291E-41 and 291E-61, more commonly known as a "D.U.I. poster"; seconded by Mr. Taniguchi. Smith: Thank you very much. Motioned and seconded, any discussion? Does the Board have any comments? Mukai: Yes, I just read the explanation. (to Mr. Miyabuchi) Was the original sign that wasn't put back up ever found? Miyabuchi: What happened was they took all the signs down to clean the walls. I guess when they put it back, it had slipped out somewhere. They could never find it again. We don't know what happened. They're so used to seeing it up there, I guess when they put up all the signs again, no one thought twice about not seeing it. Until the liquor inspector came, no one knew it was missing. I think a couple of months had passed by the time it was checked and found missing. Smith: I'm sorry, we should vote on this before we can have dialogue. Masuda: (to Chair Smith) So, we vote to find him in violation. Though he's already given his right of elocution, he's already explained what happened; you can vote to find in violation at this point. Smith: Motioned and seconded, 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... The motion was carried unanimously. Masuda: Mr. Miyabuchi, did you want to explain anything further about what happened? Miyabuchi: No, that was it. As soon as we got the citation, we got our replacement sign. We also called all the other stores to make sure everyone else had their sign to make sure they were all in compliance. We dealt with it right away. I'm sorry we couldn't tell it was missing. Gonzalez: Mr. Chair, Brandon Gonzalez from the Department, i would like to thank the Licensee for taking the steps he did. Mr. Miyabuchi is correct in that upon immediately receiving the citation, their island supervisor actually called our office to inform us they were checking all the stores island wide to make sure they had the posters available. Like Mr. Miyabuchi set forth in his January 10, 2019 letter, the circumstances in this were unfortunate. But they took responsibility right away and said they didn't have it, and that is why the explanation of their circumstances FEBRUARY 21, 2019 - LIQUOR ADJUDICATION BOARD MINUTES 8